Either an agreement or a contract functions as a written form carrying the result of a negotiation reached by two or more parties. It is with the same lawful power on the Parties signed on the agreement or the contract.
Sample:
CONTRACT
This Agreement,made and entered into this 14th day of December,200_ by and between XXX Company,limited, a corporation organized and existing under the laws of (country)having its principal office(or business)at(city,country)(hereafter called ..A;)and YYY Corporation,a corporation organized and existing under the laws of (country)having its grin一cipal office(or business)at(cmy,country)(hereafter called “B”).
WITNESS
Whereas, A desires to export to B the goods as specified in Exhibit A hereof(hereinafter called the“‘Goods”);and whereas. B desires to import the Goods from A. Therefore,A and B agree as follows:
Article 1...
……
Article 20…
In Witness whereof,the parties have caused this Agreement to be executed by their respective representatives on the date first written
WITNESSED: BY
Title
Date
WITNESSED: BY
Title
Date
(合同
本合同由XXX公司,该公司根据_ 国法律成立和存续,主营业场所在(以下简称甲方)与YYY公司,该公司根据国法律成立和存续.主营业场所在(以下简称乙方)定于200 年12月14日。
证明
鉴于甲方愿意向乙方出口本合同附件A中所规定的物品(以下简称”货物”);且鉴于乙方愿意从甲方进口上述货物,因此甲方和乙方特同意订立下列条款:
第1条.…
………
第20条:……
兹证明,本协议由双方各自代表在上述订约日期签订。
甲方见证人: 姓名
职务
日期
乙方见证人: 姓名
职务
日期
9 .1 .2 The difference lying between an agreement and a contract is easy to tell. First, talking about the content,an agreement usually is focused on the principle,on which further discussion will be conducted; while a contract is focused on specific items based on the principle that the concerned both sides have concluded. In another word,an agreement draws an outline for a program and functions as a base for a contract,while a contract is with details and usually based on the agreement made before.
Comparing their range the two cover respectively. We can see a contract is concentrated on only one item while an agreement may often carry or include several contracts. For instance,a trade agreement is only the master contract(主约)of a projection,and it includes several appended documents( 附件).After an agreement being signed·several specific contracts(具体合同)can be worked on and made. But some contracts are made after negotiation if it is not related to too complex business.
The difference also lies in their formats. Contract usually is carried in set forms(preamble,body and ending) or models while agreements' forms vary as there is not a fixed format.
9.1 .3 It's a bit hard to tell what types are common ones for agreement as it usually has to do with the principles of a projection concerned. Anyhow in business such agreements are quite often made: Trade Agreement贸易协议)·Barter Agreement(易货协议). Consignment Agreement(委托协议), Loan Agreement(贷款协议),Clearing Agreement(清算协议),Reparation Agreement (赔偿协议),Cooperation Agreement(合作协议),Business contracts can be roughly classified as Know-how Transfer Contract(技术转让合同),Sales and Purchase Contract(货物买卖合同),Processing and Assembling Contract(加工装配合同)·Representative Contract(代理合同) and etc. A business contract is often related to sales (买卖), consignment(委托)·lease房屋或设备的租赁) , charter (船只的租赁)。employment(聘用),affreightment(承运)·storage(贮存),agency(代理),etc.
Task :
Try to match the English expressions in Column A to that in Column B``
(1)transferor/assignor f. 转让方
(2)sellers a. 卖方
(3)insured h. 投/受保人
(4)buyers l. 买方
(5)insurer c. 保险人/保险业者
(6)transferee/assignee j. 受让方
(7)carrier i. 承运方
(8)artificial person d. 法人
(9)attorney b. 代理律师
(10)beneficiary k. 受益人
(11)arbitrator/referee g. 仲裁人
(12)share holder e. 合股人
Some tips for contracting documents writing:
.Use capital letter to indicate the relevant parts to the contract.(e.g.: the Party A,the Goods,the Contract,and etc.)
.Conditional clauses so that a wide range of possibilities may be concluded. Generally speaking a conditional clause is led by such expressions or conjunctures: if,in the event of/ that, in case of,