实训材料（合同）

实训模块一：阅读理解合同

1．背景材料：销售确认书(样单2.2)

样单2.2 销售确认书

SALES CONFIRMATION S/C No.: SHCH-NOMSC09 Date: April 1st, 2003 The Seller:Twins city group int’l trade corp. Address: Suite 508, conch building Item No. 1271 Zhongshan rd(w) Shanghai, 200051, China Commodity & Specifications The Buyer: N.V. NOM Address: Postbus 20101 Unit 2800 Ecs-Rotterdam The Netherlands Quantity Unit Price (USD) AMOUNT (USD) FORTUNE BRAND ALUMINUM GARDEN FURNITURE CIFC5 ROTTERDAM 1 2 3 4 SET SET PIECE PIECE 727 374 177 2220 样单2.2(续) 43,329.20 39,831.00 5,433.90 8,658.00 97,252.10 ALUM SET OF 3PC ART. NO. DS-1-A 4PC ALUM GARDEN SETTING ART. NO. DS-2 ALUM STAND MAIL BOX ART. NO. AS-2 ALUM FLOWER BASKET 13\ART. NO. AS-1 59.60 106.50 30.70 3.90 TOTAL SAY US DOLLARS NINETY SEVEN THOUSAND TOTAL CONTRACT VALUE: PACKING: TWO HUNDRED AND FIFTY TWO AND 10/100 ONLY DS-1-A/DS-2 EACH PC IS PACKED IN A POLY BAG AND ONE SET TO A CARTON. AS-2 EACH PC IS PACKED IN A POLY BAG AND ONE PC TO A CARTON. AS-1 4 PCS TO A CARTON. TOTAL 1833 CARTONS. EACH SET IS LABELED IN ENGLISH, FRENCH AND GERMAN. PORT OF LOADING & DESTINATION: SHIPMENT: PAYMENT: TO BE EFFECTED BEFORE THE END OF MAY WITH PARTIAL SHIPMENTS NOT ALLOWED THE BUYER SHALL OPEN THOUGH A BANK ACCEPTABLE TO THE SELLER AN IRREVOCABLE LETTER OF CREDIT AT 45 DAYS’ SIGHT TO REACH THE SELLER NOT LATER THAN 25 APRIL 2003. AND REMAIN VALID FOR NEGOTIATION IN CHINA UNTIL 15TH DAY AFTER THE DATE OF SHIPMENT. INSURANCE: THE SELLER SHALL COVER INSURANCE AGAINST ALL RISKS FOR 110% OF THE TOTAL INVOICE VALUE AS PER THE RELEVANT OCEAN MARINE CARGO CLAUSES OF THE PEOPLE’S INSURANCE COMPANY OF CHINA DATED 1/1/1981. Confirmed by: THE SELLER TWINS CITY GROUP INT’L TRADE CORP MANAGER XXX REMARKS:

1. The Buyer shall have the covering letter of credit which should reach the Seller 30 days before shipment, failing which the Seller reserves the right to rescind without further notice, or to regard as still valid whole or any part of this contract not fulfilled by the Buyer, or to lodge a claim for losses thus sustained, if any.

THE BUYER N.V. NOM MANAGER ROEY VAN SANTIBERG FROM SHANGHAI CHINA TO ROTTERDAM, THE NETHERLANDS. 2. In case of any discrepancy in quality, claim should be filed by the Buyer within 30 days after the arrival of the goods at port of destination; while for quantity discrepancy, claim should be filed by the Buyer within 15 days after the arrival of the goods at port of destination.

3. For transactions concluded on C.I.F. basis, it is understood that the insurance amount will be for 110% of the invoice value against the risks specified in the Sales Confirmation. If additional insurance amount or coverage required, the Buyer must have the consent of the Seller before Shipment, and the additional premium is to be borne by the Buyer.

4. The Seller shall not hold liable for non-delivery or delay in delivery of the entire lot or a portion of the goods hereunder by reason of natural disasters, war or other causes of Force Majeure, However, the Seller shall notify the Buyer as soon as possible and furnish the Buyer within 15 days by registered airmail with a certificate issued by the China Council for the Promotion of International Trade attesting such event(s).

5. All deputies arising out of the performance of, or relating to this contract, shall be settled through negotiation. In case no settlement can be reached through negotiation, the case shall then be submitted to the China International Economic and Trade Arbitration Commission for arbitration in accordance with its arbitral rules. The arbitration shall take place in Shanghai. The arbitral award is final and binding upon both parties.

6. The Buyer is requested to sign and return one copy of this contract immediately after receipt of the same. Objection, if any, should be raised by the Buyer within it is understood that the Buyer has accepted the terms and conditions of this contract.

7. Special conditions:(These shall prevail over all printed terms in case of any conflict.)

2．实训要求

将合同翻译成中文，并理解合同的形式、内容和各项条款。

实训模块二：拟订销售合同条款

1．背景材料

我国上海某出口公司ABC TRADE CO.向日本大阪(OSAKA)XYZ TRADE CO.磋商出口饲料蚕豆，双方达成的主要交易条件如下：

品名及规格：饲料蚕豆(FEEDING BROAD BEANS)，FAQ。 数量：6000公吨。

包装：单层麻袋装，每袋装30千克。

价格：每吨200美元CIF班轮条件大阪含2%佣金。 装运：2008年10月和11月分两批平均装运。

保险：由卖方向中国人民保险公司投保中国保险条款的一切险和战争险。 支付：即期信用证方式支付，信用证有效期在装运后15天。

2．实训要求

根据上述条件用英文草拟一份销售确认书，背景材料中不足的内容可适当补充完整。

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