违约责任,处罚
与免责条款
(中英文)
BREACH OF CONTRACT
AND RESPONSIBILITY OF EXEMPTION
关于违约
If one party fails
to comply with the terms of the contract, the other party is
entitled to terminate the contract.
假如一方不能遵守合同条款,另一方有权终止合同。
如卖方延迟交货超过合同规定10
周时,买方有权撤消合同。此时卖方仍应不延迟地按上述规定向买方支付罚款。
In case the Seller fails to make delivery ten
weeks later than the time of shipment stipulated in the Contract,
the Buyer shallhave the right to cancel the Contract, and the
Seller, in spite of the cancellation, shall nevertheless pay the
aforesaid penalty to theBuyer without
delay.
因乙方违反本合同的规定而产生的违约金、损坏赔偿金和其它相关费用,甲方可在保证金中抵扣,不足部分乙方必须在接到甲方付款通知后十日内补足。
In case party B
breaches this contract, party A has right to
deduct the
default fine, compensation for damage or any other
expenses from the deposit . In case the deposit is not sufficient to cover
such items, Party B should pay the insufficiency within
ten days after receiving the written
notice
of payment from Party A.
甲、乙双方任何一方在未征得对方谅解的情况下,不履行本合同规定条款,导致本合同中途中止,则视为该方违约,双方同意违约金为人民币___________元整,若违约金不足弥补无过错方之损失,则违约方还需就不足部分支付赔偿金。
During
the lease term, any party who fails to fulfill any article of this
contract without the other party's understanding will be
deemed to breach the contract. Both
parties agree that the default fine will
be________________. In case the default
fine is not sufficient to cover the loss
suffered by the faultless party, the party in breach
should pay
additional compensation to the other party.
由于一方不履行合同、章程规定的义务,或严重违反合同、章程规定,造成合作公司无法经营或无法达到合同规定的经营目的,视作违约方片面终止合同,对方除有权向违约的一方索赔外,并有权按合同规定报原审批机关批准终止合同。如甲、乙方同意继续经营,违约方仍应赔偿履约一方的经济损失。
Should
the cooperative venture company be unable to continue its operation
or achieve its business purpose due to the fact that one of the
contracting parties fails to fulfil the obligations prescribed by
the contract and articles of association, or seriously violates the
provisions of the contract and articles of association, that party
shall be deemed to have unilaterally terminated the contract. The
other party shall have the right to terminate the contract in
accordance with the provisions of the contract after approval by
the original examination and approval authority, and to claim
damages. In case Party A and Party B of the cooperative venture
company agree to continue the operation, the party who fails to
fulfil its obligations shall be liable for the economic losses
caused thereby to the joint venture
company.
由于一方的过失,造成本合同及其附件不能履行或不能完全履行时,由过失的一方承担违约责任;如属双方的过失,根据实际情况,由双方分别承担各自应负的违约责任。
Should
all or part of the contract and its appendices be unable to be
fulfilled owing to the fault of one party, the party in breach
shall bear the liability therefor. Should it be the fault of both
parties, they shall bear their respective liabilities according to
the actual
假如买方未能履行与卖方所订立合同的任何条款,卖方有权终止全部或部分合同,或延期交货,或截留运输中货物。
Should the buyer fail to perform any
provision of the contract signed with the seller, the seller is
entitled to terminate the wholeor any part of the contract, or
postpone the delivery or hold back the goods in
transit.
如卖方延期交货超过合同规定20
周时,买方有权撤消合同。
In case the Seller fails to make
delivery 20 weeks later than the time of shipment stipulated in the
Contract, the Buyer shall havethe right to cancel the
Contract.
关于免责
如因不可抗力致使乙方不能按期完成项目,乙方不负违约责任。但乙方应在合理的时间内向甲方报告所发生的不可抗力并提供有关政府部门的证明文件。
如因不可抗力致使乙方不能按期完成项目,乙方不负Party B is not liable for failure to
perform the party's obligations if such failure is as a result of
Force Majeure. However, Party B assumes liability for
breach.
但乙方应在合理的时间内向甲方报告所发生的不可抗力并提供有关政府部门的证明文件。 However, Party B shall timely notify
Party A of the occurrence of Force Majeure and provide the
supporting documents of relevant government
authorities.
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