Part three Unit 9 Signing a Contract Besides the main terms we have discussed from lesson 1 toz there are some other terms will be negotiated One is usually the inspection clause and the other is arbitration esp. on purpose of handling with a claim
Part Three Unit 9 Signing a Contract Besides the main terms we have discussed from lesson 1 to 7, there are some other terms will be negotiated. One is usually the inspection clause and the other is arbitration, esp. on purpose of handling with a claim
Inspection 货物必须在货物装运前由公证机构进行检 硷,其检验报告作为我方履行付款的基础。 Inspection must be conducted before shipment by recognized surveyors. Their reports may be taken as the basis for negotiating payment
◼ Inspection 1.货物必须在货物装运前由公证机构进行检 验，其检验报告作为我方履行付款的基础。 Inspection must be conducted before shipment by recognized surveyors. Their reports may be taken as the basis for negotiating payment.
2.我们有到货的复验权/我们有权在货物 到达时进行复验。 We have the right to reinspect the goods on their arrival 3货物到达后由买方检验局进行检验,所 发检验证书将作为索赔的依据/基础。 After the goods arrive, we may have them reinspected by our bureau, and the inspection certificate issued shall serve as the basis for filing a claim
2. 我们有到货的复验权/我们有权在货物 到达时进行复验。 ◼ We have the right to reinspect the goods on their arrival. 3.货物到达后由买方检验局进行检验，所 发检验证书将作为索赔的依据/基础。 ◼ After the goods arrive, we may have them reinspected by our bureau, and the inspection certificate issued shall serve as the basis for filing a claim
a Some useful expression The main transaction terms: price quantity quality packing delivery payment terms; other terms: insurance inspection, arbitration Force Majeure, etc To go over the terms and conditions of the contract There are still a fair few points left over to clear up; To close the bargain;
◼ Some useful expression: ◼ The main transaction terms: price, quantity, quality, packing, delivery, payment terms; other terms: insurance, inspection, arbitration; Force Majeure, etc. ◼ To go over the terms and conditions of the contract; ◼ There are still a fair few points left over to clear up; ◼ To close the bargain;
to reinspect the cargo on its arrival o be entitled to lodge a claim; to be entitled to do sth to entitle sb to do sth) Surveyor's reports issued by a recognized surveyor(公证机构) The goods are spoiled or got short weighted To rule out the possibility of bearing the responsibility a to undertake it without shirking
◼ to reinspect the cargo on its arrival; ◼ To be entitled to lodge a claim;(to be entitled to do sth; to entitle sb to do sth.) ◼ Surveyor’s reports issued by a recognized surveyor（公证机构）; ◼ The goods are spoiled or got shortweighted; ◼ To rule out the possibility of bearing the responsibility; ◼ to undertake it without shirking
arbitration If the disputes cannot be solved by the consultation amicably, both partied volunteer to present to the third party agreed to arbitrate the problems. The result of the arbitration will be legally binding to both parties and they must execute or put into force accordingly
◼ Arbitration If the disputes cannot be solved by the consultation amicably, both partied volunteer to present to the Third Party agreed to arbitrate the problems. The result of the arbitration will be legally binding to both parties and they must execute or put into force accordingly
useful expressions to choose the location for arbitration and the arbitration organization ( cCpit) No contract clause is as effective as good will and confidence in each of the parties to the contract Provisional rules暂行条例,eg. according to the of procedure promulgated by the arbitration committee of ccpit
useful expressions, ◼ to choose the location for arbitration and the arbitration organization(CCPIT); ◼ No contract clause is as effective as good will and confidence in each of the parties to the contract. ◼ Provisional rules暂行条例, eg. according to the ～ of procedure promulgated by the Arbitration Committee of CCPIT;
International prestige Umpire首席仲裁员 To handle the dispute without bias or partiality, It' s really a tough nut to crack.这真 是一个棘手的问题。 Plaintiff原告; losing party
◼ International prestige; ◼ Umpire 首席仲裁员 ◼ To handle the dispute without bias or partiality, ◼ It’s really a tough nut to crack. 这真 是一个棘手的问题。 ◼ Plaintiff, 原告；losing party
(1)万一有什么争议,我们应该在合同中规定仲 裁条款。 case any disputes may arise, We should include an arbitration clause in the contract (2)所有仲裁费用应由败诉一方承担 As the fees for arbitration shall be borne by the losing party. (3)争议应提交双方选定的仲裁员进行仲裁。 The dispute shall be submitted for arbitration by a mutually nominated arbitrator
（1）万一有什么争议，我们应该在合同中规定仲 裁条款。 In case any disputes may arise, we should include an arbitration clause in the contract. （2）所有仲裁费用应由败诉一方承担。 As the fees for arbitration shall be borne by the losing party. （3）争议应提交双方选定的仲裁员进行仲裁。 The dispute shall be submitted for arbitration by a mutually nominated arbitrator
(4)恐怕我们在仲裁地点和仲裁机构方 面有不同的意见。 Tm afraid that we l have different opinions of the location for arbitration and arbitration organization (5)如果没有异议/选择的话,仲裁是终 局性的 Arbitration is generally the last resort if there is no alternative
(4) 恐怕我们在仲裁地点和仲裁机构方 面有不同的意见。 I’m afraid that we’ll have different opinions of the location for arbitration and arbitration organization. ◼ (5) 如果没有异议/选择的话，仲裁是终 局性的。 Arbitration is generally the last resort if there is no alternative