合同翻译1(课件)W2.ppt

Session Two  Agency Agreement General contractual clauses (通用合同条款) (opening)preamble/whereas clause definition interpretation obligations duty breach of contract force majeure governing law dispute settlement termination of a contract miscellaneous ( conclusion: language version/text) Introduction A considerably large part of international trade is handled by means of agency. Both large-sized and small- and medium-sized business firms find it more economical and less risky to sell and/or buy goods or services with the help of foreign agents. An important reason for appointing a foreign agent is his knowledge of the local market conditions and his extensive business connections. The agent knows well what products are most suitable for the local market and what prices are affordable to the local customers or consumers. Therefore, the principal can develop trade in a foreign market by appointing an agent, and can save both the expense and the trouble involved in setting up a presence and looking for potential buyers or sellers in a foreign market. As far as international trade in goods is concerned, there are mainly two types of agent: general agent and exclusive agent / sole agent. A general agent is an individual or a business organization that acts upon the instructions or directions given by the principal(s) to sell or to buy goods under the best terms obtainable. A general agent charges a commission for the services provided under some sort of agency agreement or contract. An exclusive agent or a sole agent is an individual or a business organization that operate exclusively for one foreign principal with the exclusive or sole agency right to sell goods on a commission basis in a certain territory under some kind of agency agreement or contract. I. Basic contents of an agency agreement the nature and duration (term) of the agency; the territory to be covered; the obligations /duties of both agent and principal; the method of purchase and sale;