题目内容
（请给出正确答案）
A. payment B. production C. shipment D. insurance
如果结果不匹配，请 联系老师 获取答案
更多“The contract between a party w…”相关的问题
The contract is made( ) Open Cargos Trading Company and Sika Hamburg Company.
A. among B. between C. with D. by
The outstanding (未了的) claims and liabilities (债权和债务) ______ between both parties on the expiry of the validity of the contract shall not be influenced by the expiration of this contract.
A．exists B．existed C．existing D．existence
Contract Appendix of Employing Foreign Teachers
I．Work assignment
English teaching(listening，speaking，reading and writing)and conducting English comer．
Ⅱ.The salary treatment
1．Monetary salary 4500-5500 yuan/rnonth.The salary will be paid on the 15th of each month with RMB from the day of starting work to the expiration of the contract.In case the time is shorter than a whole month,the payment shall be counted by day。The daily wage shall be 1/30 of the monthly salary(the same with February).No more than 70%of the salary can be changed into foreign currencies monthly.The employed party shall pay the personal income tax in accordance with the Personal Income Tax Law of the People's Republic of China.
2.The host college pays 2,200 yuan for one year's contract for traveling or 1,100 yuan for half year's contract.
3.The medical expenses will be reimbursed by the host college if the amount is no more than 2,200 yuan per year or 1,100 yuan for half year's contract.
4.The host provides the employed with a flat free of charge with bedroom,sitting room, kitchen and bathroom as well as a set of fumiture,TV set,ffidge,washing machine,heater, and kitchen utensils.
5.The host provides the employed with a bicycle.If the bicycle is stolen or damaged, the employed is responsible to have them repaired and/or buy a new one.At the end of the contract the employed should return the bicycle to the host.
6.The host college provides the employed with telephone,computer and printer.The expenses of using telephone will be paid by the employed.
7.For the employed teacher whose period of stay for half a year the host college provides single international flight fare(international economy class for the nearest distance between China and the country of the employed party)；for the employed whose period of stay for one year the host college provides double international flight fare(international economy class for the nearest distance between China and the country of the employed party).
Ⅲ. Work time, rest and holidays
1. The host college assigns the employed no more than 20 hours of teaching Monday through Friday each week and the employed works 5 days every week. If more work is to be assigned, the host college must obtain the employed agreement and pay him 40 yuan for each extra working hour.
2. The employed party is entitled to the following holidays and festivals in China: New Year's Day, Spring Festival, May Day, National Day and other holidays stipulated by laws and regulations.
3. The employed party is entitled to the following holidays and festivals according to his nationality: two days off for Christmas and one day off for the National Day of his home country.
4. The employed party under one-year contract is entitled to a four-week paid vacation. The employed party under half a year contract has no paid vacation.
Ⅳ. Sick leave and private affairs leave
1. Certificate from doctors for foreigners appointed by the host college should be presented when the employed party asks for sick leave. If the sick leaves amount to less than 30 days within one-year contract (15 days for half a year contract), the employed shall be paid with 100% of the salary. In case the leaves exceed 30 days, the host college has the right to terminate the contract.
2. Private affairs leave absence of the employed party shall be approved by the host college. The host college will deduct the salary by day. In case of absence from work without the host college's permission, three days' pay will be deducted for each day absent. For serious circumstances, the host college has the right to terminate the contract and investigate the liability of the employed party for violation of the contract.
Ⅴ. The employed party's responsibilities
1. The employed observes the regulations of host college and the regulations for foreign teacher apartment.
2. Teach classes as designated by the host college.
3. Prepare individual lesson plans as well as teaching plan for semesters according to the host college teaching plans and textbooks.
4. Dress professionally. No shorts, vest or slippers in classrooms.
5. Start and end classes promptly. Notify the host college at least three hours ahead of time if unable to teach a class because of illness.
6. Spend time on preparing for classes, grading homework, preparing and grading exams, and other teaching-related activities.
7. Participate in conferences and meetings of the college.
8. Take blood test and physical examination as required by Chinese laws.
9. Keep the apartment tidy and clean. Pay for damages done to furniture inside the apartment.
Ⅵ. The probation period of the contract
The probation period of the contract shall be 30 days. In the probation period, if the host college finds out the employed party is unfit for the assignment specified in the contract for reasons of health or professional ability, the host college has the right to terminate the contract.
Ⅶ. Others
1. The host college responsible for renewing the employed visa or changing a tourist visa into a working visa, a residence card for foreigners, and a foreign expert certificate. The host college pay for all the costs involved. The employed party shall pay for all the costs involved in obtaining a visa to return to China if the employed is traveling outside of China on his own during holidays. The Public Security Bureau shall impose a fine if the employed visa is not renewed in time. If the delay is caused by the host college, then the host college shall pay the fine; if the delay is caused by the employed party, then the employed party shall pay the fine.
2. This appendix has equal validity of the standard contract and comprises an integral part of the contract.
(the signature of the host college) (the signature of the employed party )
年 月 日 month day year
Complaints caused by not delivering according to the time and quantity
In the fall of 2006 ,one of our trading companies concluded a substantial rice business with an old customer in Africa. The terms of delivery are : shipment is to be made in equal monthly lots beginning from December,2006 to June,2007 and payment is to be made by irrevocable letter of credit 60 days after the date of the bill of lading. The customer established the L/C in time and all particulars of the rice, such as the name , specifications , unit price,total price and total quantity are in conformity with the contract. But the terms of shipment only stated " the latest date of shipment is June 30 ,to be shipped in several lots".
The staff in our trading company made the first shipment in December according to the quantity stated in the contract. However in order to export more and eam more foreign exchange earlier, they advanced the time of shipment regardless the shipment terms stipulated in the contract. In January 2007 , our company shipped the quantity of the first quarter once , and in February made the third shipment for the rest quantity that should be delivered in the second quarter, since our staff had not found any specifications "shipment is to be made in equal lots" in the L/C. At the same time our bank negotiated against presentation of the stipulated documents and subsequently asked the opening bank to pay for the goods. The opening bank examined the L/C and confirmed that the L/C had no error in it.
After receiving the shipping advice, the African customer found that the delivered quantity of the rice both in the second lot and third lot were not in accordance with the shipment terms stipulated in the contract, so a claim was filed by the customer against our trading company for default shipment. The amount claimed involved the added fees of chartering warehouse for the delivered goods, the interest and other charges etc. The two parties negotiated the compensation for several times, finally our company accepted the opposing party's opinion and agreed that the purchase price for the last two lots was to be paid four months later, that meant our company would receive the payment a few months later than che original stated time. According to Lhe current price in the international market at that time, our trading company suffered the loss equivalent to 10 percent of the original selling price.
Questions :
(1) What is the relationship between the letter of credit and the transaction contract？
(2) Which proof must the two parties concerned base on when they perform their obligations？
(Translate the case into Chinese and then answer the question)
Helpful hint: It is stipulated in Article 4 of the Uniform Customs and Practice for Documentary Credits that "in credit operations all parties concerned deal in documents and not in goods , service and/or other performance to which the documents may relate" .
A—make a contract
B—originals of the contract
C—copies of the contract
D—draft a contract
E—a written contract
F—contract terms (or contract clause)
G—contract life
H—to bring a contract into effect
I—break the contract
J—cease to be in effect
K—cancel the contract
L—alter the contract
M—contractual dispute
N—contract parties
O—contractual liability/obligation
P—contractual dispute
Q—contract law
36.()起草合同 ()失效
37.()合同上的争议 ()合同法
38.()合同规定的义务 ()撤消合同
39.()使合同生效 ()修改合同
40.()书面合同 ()合同条款
A.business/invoice/contract
B.foreign trade/contract/invoice
C.business/LC/contract
D.foreign trade/invoice/contract
