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Business English 王勃然 2010.5 Email: brwang1972 Mobile: 13842024772 Teaching Plan Teaching Hours: 4h*10 = 40 hours Course Assessment: 40% (formative) + 60% (summative) Teaching Units: Unit 1: Making ContractUnit 2: Packing Unit 3: PriceUnit 4: Quality Unit 5: PaymentUnit 6: Insurance Unit 7: ShipmentUnit 8: Claim Unit One Making Contracts I. Lead in In international business, the acceptance of an offer or order usually results in a contract. It is important and necessary to sign a written contract, which stipulates the rights and responsibilities of the two parties involved. A contract is a formal legal document binding upon both parties after being signed, and both parties must abide by the contract and keep good faith. In general, a contract should explicitly include the following terms of price, quantity, payment, commission, validity of agreement, arbitration and so on. 1. Why testing your understanding of a contract important? 2. What are the ways to help you understand a contract more precisely? 3. Compared to an average negotiation group, a skillful one is more interested in _ rather than closing a deal. Reference key to Lead in: 1. Its a mirror to reflect back the other partys words in a different light. 2. Asking questions, summarizing, negotiating, and etc. 3. opening a relationship Useful sentence patterns 1. Shall we sign the contract tomorrow? 2. Is there anything that needs amending? 3. Do you agree with these terms? 4. Do you have any comment to make on this clause? 5. Would you like to have one more look at the modified contract? 6. Has the attorney read the contract yet? 7. When will the contract be ready? 8. When does the contract expire and is it possible to renew it? 9. We havent reached a basic agreement on the problems that still need to be worked out. 10. I think wed better have another check in order to avoid arguing over some minor problems in the days to come. 11. Here are two originals of the contract. 12. We have prepared a rough draft of the contract. 13. We can repeat the contract on the same terms. 14. You have no grounds for backing out of the contract. 15. Once a contract is made, it must be strictly implemented. 16. 贵公司一直信誉良好,这也是我方愿意与贵方合作的原 因。 Your company enjoys high prestige as we know, and thats why we prefer to cooperate with you. 17. 只要我们秉承平等与互利的原则,双方的合作一定会进 一步深化。 As long as we keep to the principle of equality and mutual benefit, trade between our two parties is sure to develop further. 18. 既然双方都想要签署合同,因此双方必须做出一些让步 。 Since we both want to sign a contract, we have to make some concessions to do it. 19. 合同一经中国政府批准,对双方就有了法律约束力。 Once the contract is approved by the Chinese government, it is legally binding upon both parties. 20. 我方一贯重合同,守信用。 We always carry out the terms of our contract to the letter and stand by what we say. 21. 如果一方不执行合同,另一方有权撤销该合同。 In case one party fails to carry out the contract, the other party is entitled to cancel the contract. 22. 你方是否担心我方不履行合同或者拒不付款? Are you worrying about the non-execution of the contract and non-payment on our part? 23. 合同一经双方签定即生效。 This contract will come into force as soon as it is signed by two parties. II. Speaking Dialogue A A: Good morning, Mr. Brown. I made a very close study of the draft contract last night. B: Any questions? A: Yes. There are a few points which Id like to bring up. Firstly, I think we should add a sentence here like this: If one side fails to observe the contract, the other side is entitled to cancel it, and the loss for this reason should be charged by the side breaking the contract. B: Thats OK. I think all the terms should meet with unanimous agreement. Do you have any other comment? A: Secondly, about the terms of payment. Your draft contract says that payment is to made by D/P. This is not our practice. We prefer to have the payment made by L/C. B: OK, we agree to pay by L/C. When I get back, Ill open an L/C for the whole quantity as soon as possible. A: The stipulations in the relevant credit should strictly confirm to the terms stated in the contract to avoid subsequent amendment. We must have your L/C at least one month before the time of shipment. B: Anything else you want to bring up for discussion? A: No, nothing more. The contract contains basically all we have agreed upon during our negotiations. Please have the contract amended. And we are to sign it tomorrow morning. Now, Im glad that our negotiation has come to a successful conclusion. I hope this will lead to further business between us. B: We hope so, too. Notes: 1. Your draft contract says that payment is to be made by D/P. This is not our practice. We prefer to have the payment made by L/C. ( 你们的合同草案规定付款方式为付款交单,这不是我们的惯例, 我们希望用信用证付款。) D/P = document against payment 付款交单;L/C = letter of credit 信用证 Dialogue B A: Our current contract is about to expire, and well need to discuss a new one. B: We can repeat the contract on the same terms. A: Im a
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