order
The preface is the general principle of contract, which mainly includes: name (font size) or name, nationality, business scope, legal address, date and place of signing the contract, voluntary principle of reaching an agreement on interests, scope of authorization, etc.
main body
The text is the main body of a contract or agreement, which is composed of legal provisions and clearly defines the rights, obligations, responsibilities and risks of all parties. It consists of various substantive provisions. The following are selected examples of commonly used terms:
(1) Contract goods or contract contents
This is the core of the contract. The drafter shall accurately specify the name, quality, standard, specification, quantity, delivery date and place of the goods in the contract. Among them, quality and quantity are the most important terms in the contract.
(2) Contract price
In international trade, both sides should pay attention to the choice of price terms. At present, the most widely used terms are FOB, CIF and CIF.
(3) Payment method
For the sake of safety, banks often have to intervene in payment in international trade. The payment amount is the total amount stipulated in the contract. However, during the performance of the contract, according to the payment method of the contract, remittance, collection, letter of credit, bank guarantee, installment payment, deferred payment and international factoring can be adopted.
(4) Packaging, marking and numbering
In international trade, most goods need to be packaged for protection, storage, custody and transportation. Especially electronic instruments and equipment, spare parts, etc. The contract shall specify the packing terms and marks.
(5) Inspection, trial and acceptance
In the international sale of goods, the buyer's receipt of the goods does not mean that the buyer accepts the goods. "Collection" and "collection" are two different concepts. Commodity inspection should include the inspection of the quality and quantity of commodities. However, in the negotiation and signing of large-scale complete sets of equipment and ships, commodity inspection, trial voyage, acceptance, quality assurance and quality assurance period are often linked together, and the conditions, time, place and risks of ownership transfer are clearly defined.
(6) Quality assurance
The Convention on Contracts for the International Sale of Goods stipulates that "the goods delivered by the seller must conform to the quantity, quality and specifications stipulated in the contract." The Product Liability Law stipulates that the seller should not only be responsible for the direct economic loss caused by the breach of contract, but also be responsible for the personal injury and property loss that may be caused by it.
(7) Delivery and shipment
The delivery date should be clear. The terms of shipment should indicate the name of the ship, the port of shipment, the port of destination and the estimated arrival time, as well as whether transshipment and repackaging are allowed.
8. Insurance
(9) Confidentiality
Where there is confidential technology transfer and high-tech products, confidentiality clauses shall be stipulated in the contract.
(10) Force Majeure
Force majeure clause, also known as accident clause, is an exception clause commonly used in international economic contracts, or an exemption clause.
Force majeure clauses usually include: 1) determining the scope of force majeure accidents, and both parties to the contract should be aware of this. When writing terms, be clear and specific, avoid ambiguity and avoid differences in the future. 2) There are usually two consequences caused by force majeure: the contract cannot be continued and the contract is terminated; The contract can still be performed, but the time limit for performing the contract needs to be extended.
(1 1) Claim and arbitration
In international trade, once the goods are found to be damaged, the parties concerned should make a claim according to the actual situation of the damage, within the scope stipulated in the contract and in accordance with international practice. Claims that cannot be settled by both parties through friendly negotiation shall be submitted to arbitration institutions for settlement.
final result
The end of the contract is also called the final clause of the contract, and its main contents include the entry into force of the contract, the language used in the contract, supplementary clauses and additional agreements.
Extended data:
Contracts can be classified according to the nature and content of transaction methods:
1. Sales contract or purchase contract? (Sales or Purchase Contract)
This kind of contract is commonly known as a sales contract. The trade mode of transaction by transaction is called transaction by transaction, in which the producer directly exports, the consumer directly imports and the single import single exports. In this kind of trade, in principle, a written contract should be signed to clearly stipulate the terms.
2. Technology transfer contract? (Technology transfer contract)
Contracts used in trade to import patents or transfer patent application rights, know-how and secrets, trademarks and licenses include technology transfer, technical consulting services and license trade contracts. This kind of contract has complex contents, strong professionalism, wide coverage and long validity.
3. Joint venture or cooperative production contract.
Joint ventures, cooperative enterprises and cooperative exploitation of natural resources established by investors according to certain laws and regulations are characterized by * * * investment, * * * management, * * * cooperative exploitation, * * * negative profits and losses and * * * risks.
Baidu Encyclopedia-Business Contract