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A. fails to perform its confidentiality obligation under Contract;
B. fails to perform any other obligations under Contract except minor parts thereof, and does not remedy for its failure within a period of five (5) days upon receipt of the written notice or a period agreed upon between the parties; C. becomes bankrupt or insolvent;
D.Affected by any event of Force Majeure for more than thirty (30 ) days.
Article 10 Force Majeure
10.1 Should either party be prevented from performing any of its obligations under Contract due to event of Force Majeure, such as war, serious fire, typhoon, earthquake, flood and any other events which could not be expected, avoided and overcome, the affected party shall notify the other party of its occurrence by fax and send by registered airmail a certificate issued by the competent authorities or agency within fourteen (14) days following its occurrence.
10.2 The affected party shall not be liable for any delay or failure in performing any or all of its obligations due to the event of Force Majeure. However, the affected party shall inform the other party by fax the termination or elimination of the event of Force Majeure without delay.
10.3 Both parties shall proceed with their obligations immediately after the cease of the event of Force Majeure or removal of the effects. The validity period of Contract shall be extended correspondingly. Article 11 Arbitration
11.1 Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission,Shenzhen Commission for arbitration in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties and the applicable law is the material law of P.R.C. 11.2 Notwithstanding any reference to arbitration, both Parties shall continue to perform their respective obligations under the Contract unless otherwise agreed. Article 12 Language and Standards
12.1 Correspondance except this Contract between Client and Receiver, data and
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documents made available by Receiver to Client and the service reports and drawings prepared by Receiver shall be in the English language. Article 13 Governing Law
13.1 The construction, validity and performance of this Contract shall be governed by the laws of the People's Republic of China. Chapter 14 Effectiveness of the Contract and Miscellaneous
14.1 Both parties shall make effort to obtain the approval from the respective authorities, if necessary, within thirty (30) days after Contract is signed by the authorized representatives of the two parties. Either Party shall notify in writing the other party of the approval date. The later date of approval shall be taken as the Date of Effectiveness of Contract.
14.2 Contract shall be valid and remain in force for one (1) years from the Date of Effectiveness.
14.3 The outstanding credit and debt between the parties under Contract shall not be affected upon the termination or expiration of Contract.
14.4 All amendments, supplements, subtractions, or alterations to Contract shall be made in written form and become valid upon the signature of the authorized representatives of both parties. The valid amendments, supplements, subtractions, or alterations shall from an integral part of Contract, and shall have the same legal force as the text of Contract.
14.5 All communications between the parties shall be in English in written form during implementation of Contract. Faxes concerning important matters shall be confirmed timely by registered or express mails.
14.6 The Contract is made in two counterparts each in Chinese and English, each of which shall deemed equally authentic. The Contract is in four (4) originals, two (2) for the Client and two (2) for the Receiver.
Client :________________________________________________.
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Address :______________________________________________.
Post Code :____________________________________________.
Telephone :____________________. Fax :___________________.
Authorized Representative signature :_______________________.
Signing Date :_________________________________________.
Receiver:_____________________________________________.
Address:______________________________________________.
Post Code:____________________________________________.
Telephone :___________________. Fax :____________________.
Authorized Representative signature :_______________________.
Signing Date :___________________________________________.
国际服务合同
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合 同 号:________________
签订日期:________________
签订地点:________________
通过友好协商,中国______________________________公司(以下简称“委托方”)为一方,____________国____________________________ 公司(以下简称为“服务方”)为另一方,授权双方代表按下列条款签订本合同。
第一条 合同内容
1.1 委托方希望获得服务方提供以下服务,而服务方愿意提供此项服务。 第二条 双方的责任和义务
2.1 委托方应向服务方提供有关的资料、技术报告、图纸和可能得到的信息并给予服务方开展工作提供全力的协助与支持,特别是委托方应在适当时候指定一名总代表以便能随时予以联系。
2.2 服务方应提供足够数量的称职的人员来履行本合同规定的义务。服务方应对其所雇的履行合同的人员负完全责任并使委托方免受其人员因执行合同任务所引起的一切损害。
2.3 服务方应代委托方寻找良好合理的供应商,考查工厂。并代委托方洽谈合理的价格,定时提供产品最新的价格动态,协助委托方控制货款。
2.4 服务方代委托方检验和控制产品质量,办理产品中转仓库和仓储工作,对产品进行再加工,并办理进出口手续。
2.5 服务方应代委托方开发和设计产品,了解并整理行业中最新信息。 2.6 服务方应根据服务的内容和进度安排,按时提交服务报告及有关图纸资料。
第三条 价格与支付
3.1 在服务期内,委托方愿意支付一定数额的服务费给服务方。
3.2 本合同总价包括服务方所提供的所有服务和技术费用,为固定不变价格,
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