a0ff263a9a61d225ec3c23440ff3d83b.ppt
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Business English and Business English Translation 1. The definition of Business English is a branch of English for Specific Purposes and includes aspects as Language Knowledge, Communication Skills, Professional Content, Management skills and Cultural Awareness 2. Language Features of Business English A. Language forms, vocabulary and content of Business English are closely related to Business theories and business practices. B. Features in vocabulary 1. Easy-to-understand approval-----approbation improve-----ameliorate 2. Formal wording in business documents such as in contracts prior to/previous to----- before expiry-----end certify-----prove solicit-----seek 3. Individual verb vs. verb phrases appoint-----make an appoint of continue-----keep on/go on supplement-----add to 4. Prep. phrases vs. short prep. and conj. in the nature of/along the lines of -----like for the purpose of-----for in the case of-----if in the event that/of ----- if on the grounds that-----since/because with reference to/with regard to----about
3. Objectivity This is a positive point…---I think the positive point is… On the other hand, the disadvantage is…--- In my opinion, we have a disadvantage. . The aim of this report is…/ The present report sets out to…--- my aim in writing… The finding shows that…--- I found that It was decided/felt/concluded that…--- I decided that… 4. Accuracy We wish to confirm our telex dispatched yesterday in a week in one week or less 一周以内 before August 10 on or before August 10 8月10日前 in early July with the first 10 days of July 7月上旬 5. Different meaning of common English words Upon receipt of these sellers’ delivery advice, the buyers shall, 15 -20 days prior to the delivery date, open a transferable, irrevocable letter of credit in favor of the seller for an amount equivalent to the total amount of the shipment.
Principles of Business English Translation Faithfulness 忠实 Idiomaticness 地道 Consistency 统一(译名、概念、术语)
1. In view of the company’s performance in the previous year, the board of directors approved a series of new investment plans. 2. Failure to respond promptly to new market demands has blunted the electronic giant’s competitive edge. 3. A good image is one of the most vital ingredients of business success. 4. We are convinced that with the joint efforts of our two cities, the friendly relation and cooperation between us will develop further. 5. We must continue the strategy of winning through superior quality and achieve a diversified market. We must also implement export-stimulating policies in order to expand exports. 6. Foreign trade enterprises should both strengthen their internal management and actively establish an operational mechanism favorable to expansion of their share in international markets. 7. Of course, we must also strive to attract transnational corporations to invest in China especially in research and development projects as well as in the reorganization and reform of the state-owned enterprises. 8. We believe that through the implementation of the strategy of developing China’s west, the area will assume a new look in terms of ecological environment, thus attracting more foreign investment.
Chapter Four Word adding and word cutting in B. E. translation A. Word adding Under three circumstances the method of word adding is used in B. E. translation: 1. For grammatical needs: single form ----- plural form of nouns tense repetition 2. For the purpose of clear and natural expression in translation: words added include: verb, adjective, noun, adverb, unit words, mood words, category words, summarizing words. 3. For the purpose of supplementing background or cultural knowledge
B. Word cutting 1. The pronouns and conjunction in Chinese are usually omitted when translated from English to Chinese. 2. Articles, to+verb, some prep. can also be omitted.
1. When there is much buying and selling of goods and services, we say “ Business is good. ” 2. After a series of experiments important phenomena have been ascertained. 3. The first electronic computers went into operation in 1945. 4. Oxidation will make iron and steel rusty. 5. The major problem in manufacturing is the control of contamination and foreign materials, e. g. drugs. 6. Grinding consists in shaping a piece of work by bringing it into contact with a rotating abrasive wheel. 7. Both water waves and electromagnetic waves have the characteristics of velocity, frequency and amplitude. 8. The question is really a network design rather than a layout problem. 9. Banks are closely concerned with the flow of money into and out of the economy. 10. The export is not permitted to exceed its limitation. 11. In a democracy one of the most difficult discretions governments have to make is what kinds of taxes to levy. 12. Some people hold that modern economies can just close gates, but the movement of capital, values and ideas knows no border. 13. Note again that considerable simplification in solving the above can be achieved if the data are made systematical. 14. This means jobs for American workers and a higher standard of living for the American people.
Enquiry Invitation to offer is the first step of the four procedures that generally involved in international trade negotiation. Both importers and exporters can make use of this Step to initiate a potential transaction. Through it, exporters may make a conditional Suggestion to the importer about a deal, and importers may aim to find out certain Terms for a desired transaction. This is also known as inquiry. For exporters. Promotional communication is very important step before getting Inquiries from importers. Through it exporters can make themselves and their Commodities known to potential customers. Many ways could be used for promotional Communication. Advertisements could be make through various mass media. Sales Literature and price lists can be distributed. Trade fairs could be used to exhibit Commodities. In international trade, it is very common for potential customers to send their inquires To ask for the terms of transaction. These inquires may come in by fax, email, telephone Or mail. Response must be sent immediately in the same way as the inquiry is sent. If Quotations cannot be sent immediately, acknowledge the inquirer without delay to Show your efficiency and sincerity. Each inquiry is a sales opportunity, an opportunity To foster a potential long-term relationship. Generally speaking, an inquiry includes the commodity’s name, quality, mode, The desired quantity and delivery date etc. experienced exporters may check on the Inquirer’s credit standing, financial strength and the import barriers of that country, etc. Then decide whether the transaction should be pursued or not accordingly.
Samples of enquiry Dear sir/madam, We learn from the Commercial Councilor's office of the Embassy of the People’s Republic of China in Britain that you are a leading exporter of silk garments. We are large dealer in textiles and believe that there will be a good market in our country for moderately priced textiles. Therefore, you are kindly requested to send us a copy of your illustrated catalogues with details of your price and terms of payment, and samples of the different qualities of the material used. INQUIRY in reply please quote our reference No, Imp-C 7/08 Dear Sirs, Please send us your quotation by fax for the following commodities together with your latest catalogue: Item No. . . . Commodities …… Quantity …… Price …… Remarks ……
Offer is different from quotation. Quotation is an indication of price without any contractual obligation. It is subject to any change without previous notice. An offer is the expression of the wishes of the seller to sell particular goods under stated terms including quantity, price, time of shipment, terms of payment, etc. an offer is usually made when a seller promises to sell goods at a stated price within a stated period of time. It can develop into a contractual obligation. Once an offer is accepted by a buyer, the seller cannot revoke it. Sometimes a buyer may make a buying offer, this can be called a bid. According to their finality, offers can be divided into firm offer and non-firm offer. The so called firm offer is an offer that clearly expresses the offerer’s readiness in concluding a contract. If such an offer is accepted by the offeree, the offerer is legally bound to perform by shipping the goods exactly as stated in the offer. A firm offer usually contains the following: ---a detailed description of the goods (name of the goods, quality, quantity, specifications, etc. ) ---unit price and type of currency used for payment. ---packing condition. ---date of payment. ---terms of payment. ---the term of validity of the offer
It needs to be noted that there is different understandings concerning whether an offer is firm or not. According to the United Nations Convention on Contracts for the International Sale of Goods, a proposal is sufficiently definite (firm) if it indicates the goods and expressly or implicitly fixes or makes provision for determining the quantity and the price. ” therefore, international traders need to be careful about when they will be bound by their own offers or how they should interpret offers made to them.
Sample of an offer: Dear Sirs, Many thanks for the enquiry of 4 th March 2008, reference MN/OI. We have pleasure in quoting as follows: White 50/50 polyester / cotton mixture men’s shirts as per sample, label no. 203, in assorted sizes between 35 and 44 individually packed in plastic bags and boxed in 100’s no less than 50 of each size, packed in export crates of 1, 000 shirts. US$ 15. 00 per shirt EXW Textiles Building Richmond Payment by Irrevocable Letter of Credit opened in our favor with the Commercial Bank of Ruralia, Industrial Area Branch. Quantity: minimum order 1, 000 shirts, maximum present capacity 10, 000 shirts a month. Delivery: within 3 months of notification of receipt of Letter of credit. Validity: this quotation is firm for orders dispatched before 1 August 2008.
We hope that this meets with your approval. Please let us know if you require any further information or samples. Yours sincerely
Chapter Six 词类转换法 1. Nouns of verb property to verb. 2. Be + adj. to verb. 3. adj. to verb.
1. The operation of a machine needs some knowledge of its performance. 2. They are quite content with the statistical date on exports and imports of last year. 3. The improvement of English written translation requires some ABC knowledge about how to shift sentence structures and the part of speech of words from one language to another language that people are familiar with. 4. Some power plants are under construction. 5. Scientists are confident that all matter is indestructible. 6. Be through with the discussion about all the details before the contract is signed.
1. The turnover of Fuzhou port ranked 11 th among Chinese coastal ports while its container operation was listed as 10 th in the year 2001. turnover, operation, volume, traffic 等词在航运和物流业中译为“吞吐量”:意为实际 完成或已经完成的数量。 capacity, designed capacity, normal capacity, handling capacity, throughput capacity 也译为“吞吐量”:意为处理能力,通过能力或物料通过量。 e. g. 1) The throughput of ports had come to 14. 5 billion tons including 426 million tons of foreign trade cargoes. In the past decade, china boasted an annual growth rate of 30% in its port throughput of international container. 2) The annual handling capacity and throughput of Ningbo Port have both exceeded 100 million tons. In 2004, the port saw a throughput of 220 million tons, up 22% over the previous year. 3) Port of YIngkou processed 40. 09 million tons of cargo, including 400, 000 TEU of containerized cargo.
2. The following financial institutions and corporations maintain branches in Ningbo: Bank of China, Industrial & Commercial Bank of China, the State Administration of Exchange Control, China International Trust and Investment Corporation and the People’s Insurance Company of China. Maintain branches: 设立分支机构 1) Electronic Scientific Engineering Ltd. , with offices in Shanghai, Beijing, Guangzhou, Shenzhen and Dongguan, invites applications from qualified individuals for the following position. 2) China Far East International Tendering Company, affiliated to the China Far East International Trading Corporation which is directly under the State-owned Assets Supervision and Administration Commission of the State Council, has 35 branch offices around the country
Negotiation negotiation can work wonders. This is particularly true in international business since It is mostly through negotiation that exporters and importers iron out their differences and reach a satisfactory, fair and mutually benefit deal. Thus, negotiation is one of the Important steps taken towards completing import and export trade agreements. foreign trade negotiation is a consultative process between governments, trade Organizations, MNCs, private business firms and buyers and sellers in relation to Investment and import and export of products, machinery and equipments and Technology. in international trade, it is fairly important for the participants to know negotiation Principles and tactics in order to arrive at an agreement successfully. there are generally two basic principles in foreign trade negotiations. First, negotiation Should know well their own situation and that of the counterpart and thus not be willfully Manipulated by them. Second, negotiators should express their expected purpose Definitely and take a firm stand in the negotiation. price is usually the most sensitive issue in business negotiations because it directly Concerns the economic benefits to both sides. Therefore, this subject should usually Be postponed until all of the other aspects have been discussed and agreed upon. Generally speaking, you begin negotiating at a bit higher price than you really expected And lower it a little each time. Each time you cut the price, you should remain serious About the desired results. Under this situation, your counterpart may well accept your Quotation as the best possible price.
in short, the end of negotiation is to reach an agreement to the mutual advantage Of the two parties. Negotiators should try their best to use soft and euphemistical Words, speak appropriately and tactically, and create a harmonious atmosphere In negotiation.
Chapter Seven 1. Your benefit premium is the additional amount over and above base pay which is is provided to help fund your benefits. 2. If/when a market is depressed, and security prices are falling or expected to decline the market is then described as a bear market. 3. Private investors unwilling to tolerate high levels of risk can reduce this uncertainty by buying shares in blue chip companies. 4. The latest survey of manufacturers shows that the past ten years is the time in which people have had the biggest increase in optimism. They are particularly optimistic about exports. 5. A salient feature in china’s economic development at present is that we have been able to achieve rapid economic growth and successfully keep inflation under control at the same time. 6. The development of the western region is of great significance to the expansion of domestic demand, to the sustainable growth of the national economy, to the coordinated development of the economies of various localities, to the achievement of nationwide prosperity, to the enhancement of national unity, to the maintenance of social stability and to the consolidation of border defense. 7. recently, our corporation has been advocating knowledge-based marketing, which is meant to encourage constant market innovation. If every one of us does our bit and makes our progress known to our customers, we will get a long way ahead of others. 8. Although this joint venture has been growing very fast, it still has a long way to go in order to realize its goal of cracking the Fortune Global 500.
Quality of the Export Goods In international trade, the quality of export products is a key factor affecting the success of the exporter’s marketing efforts. Quality is also an important component of the description of goods, serving as the basis of a deal. Terms in a sales contract indicating qualities are frequently even harder to define than weights and quantities. Then, what is the quality standard in export trade? In international transactions, there are different ways of showing quality. The following are some examples: - Sale by actual quality -Sale by seller’s or buyer’s sample. A sample is a small quantity of the products that represents the whole. It is a specimen in fact. Through the sample, buyers or sellers are able to know the quality of the products. - Sale by specification, grade or standard. This means selling through certain recognized specifications, grades or standards. -Sale by description and illustration. This is usually applied to some whole set of mechanical and electrical products such as instruments or equipments. For these products there must be detailed descriptions provided for the buyers so that the buyers are able to know the structure, function, usage of the products, and so the products can be used accordingly. -Sale by trademark or brand. This is normally useful to the products that have already obtained export markets whose brands or trademarks are already widely known.
- Sale by name of origin. If the quality of the export products conforms to the contract in international trade, we say that it is up to the standard. In other words, the contract regulates the quality of export products. To make the quality of the export products up to standard, the exporters should, among all other things, investigate the export markets and do active work on new products research and development, so as to make sure the quality of the goods meets the markets’ requirements. Only in this way, can we secure a permanent export market.
Chapter Nine Translation of the subject in English sentences 1. 英语的主语译为汉语的宾语或定语 A. The importance of values in economical activities must be given due attention. B. These approaches differ widely in their efficiency after practical operation. 2. 英语宾语译为汉语主语 A. Be careful, the building must have a solid foundation. B. Ethnic groups differ in their customs and habits. C. Of all the metals the best conductors are silver, gold and copper. 3. 英语定语译为汉语的主语 The renovations of this lathe have been made production on the increase.
4. 英语状语译为汉语主语 Something has gone wrong with the data-processing system of this computer. 5. 英语的定语译为汉语的谓语 There is a large amount of energy wasted owing to friction.
1. That stadium built for the 2008 Olympic Games covers an area of 10, 000 square meters. 2. These tourist products are high in quality. 3. Some improvements on this safety device have been made, and this has produced better results. 4. About three fourths of the earth’s surface is covered with water. 5. The increase in people’s living standards made them able to buy many things that were considered as luxuries in the past. 6. Two widely used methods of cooking are steaming and stewing. 7. The world’s first robot was produced by Americans in 1954. 8. High-quality electronic products of various types are turned out in our country. 9. There are 56 ethnic groups and 1. 3 billion people in China. 10. The advantage of market mechanism has been made full use of in the reform. 11. In case of shortage of iron and steel, various industries would undergo extreme difficulties in their development. 12. A lot of natural resources in our country have not been exploited. 13. Much of strenuous study of liquid hydrogen as a marine fuel is needed before a determination of its values can be made. 14. People pushing, pulling, shouting and screaming are walking down the street. 15. The attractive force between the molecules is negligibly small. 16. Since 1978, when China began opening its economy to increased foreign investment and trade…
Packing Nowadays, packing has been increasingly recognized as major competitive force in the market penetration. Any kind of fast-selling merchandise is not only superior in quality but also attractive in appearance. Packing is of particular importance in foreign trade because goods have to travel long distances before reaching their destinationoften across oceans or across continents. Accidents, rough weather, unloading and loading on the way, everything has to be taken into consideration. If there are no special directions in the contract of sale concerning packing, the exporter should consider it as is obligation to provide suitable packaging. According to the “ United Convention on Contracts for the International Sale of Goods”, the seller should deliver goods which are contained or packaged in the manner required by the contract. The packages should be fit for any particular purpose expressly or impliedly made known to the seller at the time of the conclusion of the contract. Proper packing can be extremely important depending on the type of product and its destination. For the packing of international consignments, attentions should be paid to the following: ---packing should be appropriate for the commodity. In other words packing should be designed according to the need of the cargo. Bulk cargoes require little packing, and packages of glassware should be shock-proof. ---packing should meet the requirement of different means of transportation. ---laws and regulations of the related countries and the requirements of customers should be considered for the packing.
---packing must also meet insurance acceptance conditions. In short, packing should not only be economical while being sufficient but also make the handling as easy as possible.
Chapter ten Turnkey project 建设 程的总承包,又称为“交钥匙承包”,是指建设 程任务的总承包,即发包人将 建设 程的勘察、设计、施 等 程建设的全部任务一并发包给一个具备相应的总承 包资质条件的承包人,由该承包人对 程建设的全过程向发包人负责,直至 程竣 , 向发包人交付经验收合格符合发包人要求的建设 程的发承包方式。 程总承包是 国内外建设活动中多有使用的发承包方式,它有利于充分发挥那些在 程建设方面 具有较强的技术力量、丰富的经验和组织管理能力的大承包商的专业优势,综合 协调 程建设中的各种关系,强化对 程建设的统一指挥和组织管理,保证 程质量 和进度,提高投资效益。在建设 程的发承包中采用总承包方式,对那些缺乏 程 建设方面的专门技术力量,难以对建设项目实施具体的组织管理的建设单位来说, 更具有明显的优越性,也符合社会化大生产专业分 的要求。为此应当提倡对建设 程实行总承包,发包人可以将全部 程发包给一个总承包人完成。
产品说明翻译练习 1. These silk blouse are made of pure silk of the finest quality. They are moderately priced, of excellent craftsmanship and unique in design. 2. These new types of cars are fast, efficient and handy. 3. Carpets made in Xinjiang are famous for their novel designs and elegant colors. They are loved by everyone who sees them. 4. Should you encounter some problems during the installation or use of this computer, please refer to this troubleshooting guide prior to calling the helpdesk. Look up the problem in the left column and then check the suggestions in the right column. 5. Perform a skin sensitivity test of 48 hours before using this product, even if you have already previously used a hair colorant of this or any other brand. 6. Store away from light in a cool place after dissolving a tablet. 7. Extremely gentle, this super formula contains anti-irritants and will not over-dry the skin. 8. If you plan on spending several hours outside during cold weather months, apply a base of Skin Recovery Hydrating Treatment Mask (补水修复面膜 )before your sunscreen(日霜 ) or foundation with sunscreen. The mask will help protect your skin from windburn and help prevent moisture loss.
Troubleshooting 1. How many minutes of MP 3 songs can be stored in the MP 3 player? It depends on the storage size of the MP 3 player as well as the capacity available. the size of an MP 3 file is about 1 MB for 1 minute. For 128 MB storage, we could have about 128 minutes of music. 2. When should we charge the battery? When the battery display in the LCD screen is empty or the screen displays the sign of “ Insufficient power”, or the screen keeps flashing duering power on, please replace the battery as soon as possible. 3. Can’t download a file? A. Please confirm the right connection of the USB communication line between the computer and the MP 3 player. B. Please confirm the remaining capacity of the MP 3 and the size of file to be downloaded. 4. Loss of data? Some loss of data can occur during the download due to unstable power supply. Our company will not be liable for any data loss, so please backup the user’s data in a hard disk, CD-R or ZIP. 5. Why different song has different volume? As different parameters in volume may be used during recording, there may be a difference in the volume of MP 3 songs.
Pricing A product’s price impacts strongly on its profit because the price established directly affects the two basic components of profit: revenues and cost. Pricing a product is one of the most important and complex tasks in business, and even more of a problem when linked with exporting there are various strategies of pricing but the following points are the factors to consider in arriving at a potential price: --Have a good knowledge of the international market level, establish all relevant market data on competitive prices for similar products and evaluate them. Meanwhile, consider the policies and regulations that apply to a particular market area. --On the basis of international market level, adjust prices according to the exporter’s specific purposes or the importer’s requirements. --As the world market may fluctuate with the change of supply and demand pattern, it is important to watch the change of supply and demand relationship and the trend of rising or falling of the market prices. --Your price should have an appropriate markup. But remember a high markup does not necessarily mean a high profit. --The quality and quantity of the products contracted, transportation costs, place and terms of delivery etc. will also influence the determination of export prices. Besides, money of account and money of payment are also very important aspects to be paid attention to. In international trade, the money of account
can be the currency of the export country, the currency of the import country, or the currency of a third country agreed by both the seller and the buyer. Generally speaking, the selection of money of account shall depend on the business practices and intentions of both parties.
Harris Electric Kettle The Harris electric kettle is the most up-to-date household appliance to boil water and make hot drinks fast at home or in the office. It is best choice, with excellent design, perfect workmanship, high thermal efficiency, low power consumption, and its reliable performance. It is also safe and clean. Cautions 1. Check the capacity of the power supply before use. 2. Do not leave the socket or the plug wet or dump in case of leakage; never submerge the kettle in water. 3. Never use the kettle with little or no water in it, or the electric heater may be damaged. 4. Beware of the spilling-over of water when it boils so as to a void leakage of electricity. 5. Never use the kettle over a fire. 6. To ensure safety, never use the kettle without grounding.
Translation of Contract A. Type of contract: 1. 2. 3. 4. 5. Business transaction contracts: Labor contracts: Investment contracts: Financial contracts: Others: B. Formation of contract: 1. Title: name of the contract, used to indicate the property and type of the contract: Buying and Selling Contract, Storage Contract. 2. Preamble/the head: including contract No. , contracting parties (full name), date of signature, place of signature, the addresstelephone numberfax of the contracting parties, and finally the aim of signing the contract. 3. Body: a. the principles and purposes of signing the contract b. the clauses included in the contract: the object, quantity, quality, specifications, mode of delivery, package, means of transportation, terms of payment… c. the legal or economic liability of the contracting parties. d. validity of the contract
e. number of original copies of the contract f. accessories: blueprint, samples, catalogue, tables … 4. Closing/the tail full name of the contracting parties, corporate representatives, name of the consignee, seals of the unit, seals and signatures of the corporate representatives and the consignees, address/tel/fax/zip code/number of bank account, mm/dd/yy.
Sample: Sales Contract No. Signed at: Date: The Buyer: The Seller: The Buyers agree to buy and the Sellers agree to sell the following goods on terms and conditions as set forth below: (1) Name of Commodity, Specifications and packing (2)Quanti (3)Unit ty price (4)Total Value (Shipment Quantity % more or less allowed)
(5) Time of Shipment: (6) Port of Loading: (7) Port of Destination: (8) Insurance: To be covered by the ____ for 110% of the invoice value against ______ (9) Terms of Payment: By a confirmed, irrevocable, transferable and divisible letter of credit in favor of _______ payable on sight allowing partial shipment and transshipment. The covering Letter of Credit must reach the Sellers before _____ and is to remain valid in ____, China until the 15 th day after the aforementioned time of shipment, failing which the Seller reserves the righ to cancel this Sales Contract without further notice and to claim from the Buyers the resulting losses. (10) Inspection: The Inspection Certificate of Quality/Quantity Weight/Packing/Sanitation issued by _______ of China shall be regarded as evidence of the Seller’s delivery. (11) Shipping Marks: (12) Other Terms: 1. Discrepancy: 2. Arbitration: 3. Supplementary Conditions: Seller: (Seal) Buyer: (Seal)
1. After friendly consultations conducted in accordance with the principles of equality and mutual benefit, the Parties have agreed to enter into a distributorship relationship in accordance with the applicable laws and the provisions of this Contract. 2. The Distributor shall store and transport the products in conditions that will preserve the products in good condition and will comply with any reasonable requests made by the Supplier concerning the condition in which the products are to be stored or transported. 3. In order to protect knowledge transferred by the Supplier to the Distributor, the Distributor shall not manufacture, purchase, sell or resell goods that compete with products from the premises used by Distributor for a period of one year the termination of this Contract. 4. Shipment during the period beginning April 1 and ending October 20 (both dates inclusive) is subject to the Buyer’s Letter of Credit reaching the Seller on or before March 20. 5. Party A shall pay to Party B five percent (5%) of the total price for work, i. e. , sixty-three thousand (63, 000. 00) U. S. dollars only at the commencement of construction work on Party A’s plant. 6. Owing to the fact that through our close cooperation, the above-mentioned contract has been executed smoothly to the satisfaction of both parties, we welcome your offer to continue the cooperation.
1. Features of sentence structure in Business Contract: A. Frequent use of conditional adverbial clauses with connecting words and phrases as if, in case, in the event, unless, provide, should+ e. g. In the event that the Buyer does not furnish the Seller with shipping instructions on or before August 17, 2008, the Seller may at his option cancel this contract and demand the Buyer to pay any damages he has sustained on account of such failure of the Buyer to give such instructions. B. Frequent use of the structure” It is agreed/understood… It is agreed that a margin of 2 per cent shall be allowed for over or short count. C. Frequent use of Attributive Clauses In lieu of payment as provided for in Clause 4 above, the Joint Venture shall have the option of satisfying such obligation to pay by either.
2. Formal and normative vocabulary: A. terms in business and economy: equity joint venture, articles of association, letter of intent, licensee, sublicense exclusiveness, royalty, liquidated damages, letter of credit B. terms in laws: arbitration award, substantive law, applicable laws, termination, infringement C. Multi-meaning words: collection, confirm, tolerance, … D. Phrases: terms and conditions, null and void, by and between, free and clear, null and void E. Old English vocabulary: hereto(此…的), unless otherwise agreed in writing between the parties hereto e. g. Neither of the parties hereto shall at any time during the validity hereof deal with any of the shares of the joint company owned by it whether by sale, pledge, gift or otherwise in any manner inconsistent with the carrying out of its obligations thereunder(以下?按照?)
heretofore(迄今,在此之前), We will continue to hold meetings on Thursdays, as heretofore. hereunder(在此之下,下文) hereupon 关于此事情, if all are agreed hereupon, …. hereinafter 以下,如下 hereinafter referred to as the Buyer… herewith 随函 I send you herewith 2 copies of the contract. Thereafter: 其后,此后 thereafter no claim will be accepted. Thereby: 因此 You have not fulfilled the obligation regulated in the contract, thereby we shall cancel this transaction. Therein: 其中 …and every clause therein contained…及其中的一切条款 Thereinafter: 在下文,以下 Thereof: 其,本 All citizens of the UK are ruled by the laws thereof Thereon 就此 I read the report and wrote some remarks thereon. Thereto: to that 到其上 any conditions attaching thereto…附加(其上)的任何条款 Thereunder: below, following or in accordance with Thereupon: 关于此事 …if all are agreed thereupon…如大家对此事都同意… 之后,其后,然后 Thereupon we will make the delivery.
Whereas: since, because of the fact that鉴于 Whereat: at which The site whereat the contract is signed Whereby: by means of 籍以 a system whereby a new discovery may arise. according to which 由此 a law whereby all children are to receive cheap milk Whereupon: immediately after that 以后 whereupon we will send you the goods. Wherein: in which在那里 the part wherein lies the fault. Whereof: of which/that 就此,关于 Phases: 1. As from, 自……日期起; as of ……日期的;as per 按照 e. g. The balance sheet of the Corporation as of December 25, 2006, attached hereto as Exhibit A has been prepared in accordance with generally accepted acounting principles. 2. IN WITNESSTH WHEREOF作为……的证据,兹证明 e. g. IN WITNESSTH WHEREOF the parties hereto have executed this contract by their Authorized representatives as of the date mentioned in Clause one. 3. IN CONSIDERATION OF 4. WHEREAS 5. IN THE PRESENCE OF 由……见证 6. NOW THEREFORE 特此 7. NOW THESE PRESENTS WITNESS 特立约为据
Four Components of a Business Contract 1. Title: indicating property and type of a contract 合同性质和类型 2. the preamble/the head: indicating the full names of the contracting parties and the purposes and principles of signing the contract当事人全称及缔约目的和原则 3. body: regulating the parties’ rights, obligation, claim, settlement of disputes and applicable laws规定当事人的权利,义务,违约赔偿,争议解决,适用法律等 4. closing/the tail: indicating effectiveness, validity, signature and language used 合同的效力范围,有效条件,签字及使用语言等
Part of Speech of the Words Used in Contract 1. Frequent use of abstract words e. g. Contract on usual terms at his own expense for the carriage of the goods to the agreed port of destination by the usual route in a seagoing vessel normally used for the transport of goods of the contract description. 2. Omission of Article “the” e. g. Expiry Date: October 31, 2001 in country of beneficiary unless otherwise specified 3. less use of pronouns and more use of indirect address such as Party A/B, the Licensor, the Licensee, the said or the same e. g. Within sixty days after Party A has received the documents from Party B, if Party A does not declare any shortage and request to cover the same in writing, it is considered as accepted by Party A.
Examples of the translation of some sentences 1. Down payment of USD 5, 000. 00 shall be effected as of the date the contract is signed 2. Without prejudice to its rights which exist under the applicable laws or under the Subcontract, the Contractor shall be entitled to withhold or defer payment of all or part of any sums otherwise due by the Contractor to the Subcontractor. 3. Where by virtue of this Article, the Seller is required to effect and maintain insurances and/or to allow the Buyer to take out insurances in the Sellers name, then at any time during until such obligation has been fully performed, the Seller shall produce to the Buyer satisfactory evidences thereof in the form required by the Buyer (such as copy of cover notes), including evidences that payment of the corresponding premiums have been made, and in the event of his failing to do so, the Buyer may himself effect such insurance and recover the cost of so doing from the Seller. 4. Payment: By irrevocable Letter of Credit at sight to reach the seller 30 days before the time of shipment. The letter of credit shall be valid for negotiation in China until the 15 th day after the date of shipment. 5. Total value: US$5, 4000, 000. 00 (Say US Dollars FIVE MILLION FOUR HUNDRED THOUSAND only) 6. The Engineer shall be at liberty to object to and require the Contractor to remove forthwith from the Works any person employed by the Contractor in or about the execution or maintenance of the Works who, in the opinion of the Engineer, misconduct himself, or is incompetent or negligent in the proper performance of his duties, or whose employment is otherwise considered by the Engineer to be undesirable and such person shall not be again employed upon the Works without the Engineer’s written permission.
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