Добавил:
Upload Опубликованный материал нарушает ваши авторские права? Сообщите нам.
Вуз: Предмет: Файл:
проф и деловой перевод.doc
Скачиваний:
82
Добавлен:
11.03.2016
Размер:
3 Мб
Скачать
☆

2. Contracts and their performance

    1. Words to remember:

embody

воплощать

the latter

последний

frequently adv

часто

span of time

отрезок времени

clause

статья (пункт)

the former

первый из упомянутых

length of duration

сроки действия

sub-clause

подраздел статьи (подпункт)

legal addresses (of the parties)

юридические адреса

subject of the contract

предмет контракта

under the provision (of the contract)

по условиям

legal addresses (of the parties)

юридические адреса

subject of the contract

предмет контракта

under the provision (of the contract)

по условиям

    1. Read the text.

A Contract is a business agreement on work to be done, rates to be paid, goods to be sold or bought. It is also a document embodying such an agreement. Contracts are concluded either between companies in one and the same country, or internationally, i.e. between organizations of different countries. In this book, naturally, the latter type of contracts is considered. Every international contract has several standard parts which are obligatory. Most frequently these necessary parts of the contract include the following:

  • legal addresses of the contracting parties,

  • the subject matter of the contract, i.e., what this business agreement is about; usually this also includes the total amount of money involved and the denomination of goods bought or sold under the provision of this contract (or the type of ser­vice agreed upon);a more detailed description of goods: their price, quality and quantity, packing and marking;, etc.,

  • the terms of delivery (the most usual ones being F.O.B., F.O.R., C.I.F., C. & F., F.I.O.S., F.I.0., and others.; the length of duration of the contract, i.e. over what span of time the obligations arising out of it are valid, - the terms and procedure of payment, banking details,- arbitration, - claims and their settlement, - guarantee period ( if any), интернациональными англоязычные термины и сокращения, обозначающие базисные условия поставки, которые используются при заключении контрактов:

Most important INCOTERMS according to transport and in order of frequency.

By road

EXW (EX Works/factory) The seller fulfils his obligations to deliv­er when he makes the goods available to the buyer at his own premises. All costs and risks involved in carrying the goods to their final destination from this point are the responsibility of the buyer. This is the most advantageous term for the seller.

DDP (Delivered Duty Paid) Duty Paid) The seller fulfils his obligations to deliv­er when the goods are made available to the buyer at the named place in the country of destination. The seller pays all the costs and is liable for all the risks up to that point, duties included. DDP - maximum obligation for the seller.

DDU (Delivered Duty Unpaid) The seller fulfils his obligations to deliv­er when the goods are made available to the buyer at the named place of importation. The seller pays all the costs and is liable for all the risks up to that point, duties excluded.

CIP (Carriage & Insurance Paid To) -As well as the obligations stated in CPT, the seller has to insure the goods against the buyer's risk of loss or dam­age during the carriage. Risks and addi­tional costs are transferred to the buyer when the goods are delivered to the carrier.

By air

FOB (Free on board) -The seller fulfils his obligations to deliv­er when the goods pass over the ship's rail at the named port of shipment. From that point the buyer pays all the costs and is liable for all the risks.

CFR (Cost & Freight) This term means that the seller must pay for the costs and freight incurred for the transportation of the goods to the named port of destination. Any additional costs caused by damage and loss are transferred from the seller to the buyer when the goods pass over the ship's rail at the port of shipment.

CIF (Cost, Insurance & Freight) The seller has the same obligations as under CFR but he must also insure the goods against the buyer's risk of loss or damage during the voyage.

CIP (Carriage & Insurance Paid To) (see by road)

CPT (Carriage Paid To) (see by road)

By SEA(see by road)

FOB (Free On Board)

CFR (Cost & Freight)

CIF (Cost, Insurance & Freight)

CPT (Carriage Paid To)

CIP (Carriage & Insurance Paid To)

N.B. CIF is more commonly used than CFR. Airport of arrival means the warehouse of the airline company. CIP/ CPT means that the goods arrive as far as the warehouse of the deliverer, not the airline.

Others

DAF (Delivered at the frontier) The seller fulfils his obligations to deliv­er when the goods are made available at the named place at the frontier before the customs border. All the costs and risks from that point on are the responsibility of the buyer.

DEQ (Delivered Ex-Quay Paid) The seller fulfils the same obligation as under DES but the goods are made available to the buyer on the quay at the named port of destination. The seller pays all the costs and is liable for all the risks up to that point, duties included.

DES (Delivered Ex- Ship) The seller fulfils his obligations to deliv­er when the goods are made available to the buyer on board the ship at the named port of destination. The seller pays all the costs and is liable for all the risks up to that point.

N.B. This is rarely used nowadays.

FAS (Free Along­side Ship) The seller fulfils his obligations to deliv­er when the goods are placed along­side the ship at the named port of ship­ment. From that point the buyer pays all the costs and is liable for all the risks.

FCA (Free Carrier) -The seller fulfils his obligations to deliv­er when he gives the goods to the buyer's carrier at a named place. From that point the buyer pays all the costs and is liable for all the risks.

Other useful abbreviations: FOT Free On Truck; FOQ Free On Quay; FRC Free Carrier; FOR Free On Rail.

    1. Read the text.