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1、第十三章 国际商事合同定义条款翻译教学目标：掌握国际商事合同中定义条款常用句式的翻译方法。课堂讲练：一、国际商事合同中定义条款概述国际商事合同中的定义条款通过对在合同中即将重复出现的术语或概念进行专门解释，赋予此类词汇以特有意义，以避免理解上的歧义。在该条款中被赋予特定含义的词语在合同下文中出现时，首字母必须大写。二、定义条款的常用表达方法与句式的翻译例 1、 In this Contract:“Event of Default” shall mean any of the events specified in Clause 12.1；“Business Day” shall mean an
2、y day(other than Saturdays, Sundays and any other statutory public holidays) on which the commercial banks are open for business;“Indebtedness “shall mean the principal of and interest on any and all loan and all other payments payable by Party A to Party B under this Contract.“Proprietary Know-how”
3、 shall mean all processes, methods, techniques, experience, and other information and data, including but without limitation to the Information and Technical Assistance supplied by Party B to Party A pursuant to this Contract, which have been developed on or before the execution date hereof or may b
4、e further developed during the period hereof by Party B.例 2、 For the purpose of this Agreement,“Loan Ceiling” shall mean the credit line of the facility that is provided to Party B by Party A for the purchase of the Goods from Party C during the credit period, including the Revolving Loan Ceiling an
5、d the Provisional Loan Ceiling, and shall not be exceeded by the actual amount of the facility Party B acquired during the effective period of this Agreement.“Revolving Loan Ceiling” shall mean the credit facility that Party B may repeatedly borrow within the stipulated credit line herein during the
6、 credit period.“Provisional Loan Ceiling” shall mean the credit facility that Party B may borrow within the credit line and credit period stipulated herein by applying to Party A for its written consent when the Revolving Loan Ceiling has been fully offered.“All Indebtedness” shall mean the debt, th
7、e interest, the penalty interest, the penalty, the damages arising out of all agreements payable by Party B and other costs, fees or expenses incurred by Party A, including but without limitation to the court costs, the attachment fees, the fees for petition for enforcement, the attorney fees, the a
8、ppraisal fees and the auction fees, for enforcement of its right of creditor and the taxes imposed on Party A for the same. “Goods Price” shall mean the price specified in the Shipment Notice of the Goods purchased by Party B from Party C.“End Customer” shall mean the customer purchasing the Good so
9、ld by Party B, including but without limitation to the consumer.“Resale” shall mean any of the following circumstances that Party B makes and enters into a sale agreement of specific Goods with an End Customer or issues a sale invoice for sale of such Goods to such an End Customer, or receives from
10、an End Customer a payment (including the advancement or earnest money) equal to 50% or more of the Price of such Goods to be sold to such an End Customer.例 3、 除本协议上下文理解另有要求外：（1） 、单数词包含其复数，反之亦然；（2） 、凡提到的任何法律、法规或条例，皆包括修正、合并或替代该法律、法规或条例的一切法律、法规或条例，凡提到的某一法律，皆包括其项下一切法规和条例；（3） 、凡提到的文件，皆包括其修正件、补充件、或替代件；（4）
11、 、凡提到合同一方，应包括该方的继承人和被许可的受让人；（5） 、本协议全部附表、附录和附件都构成本协议不可分割的部分。课后练习：1、在本合同中，（1） 、 “条款和附件” ，是指本合同的所有条款和附件，且本合同的事实陈述部分也构成本合同的组成部分；（2） 、 “人” ，包括法人团体、非法人团体和合伙企业，无论是否具备单独的法律人格；（3） 、 “书面形式” ，包括任何以清晰和永久形式产生或复制文字的方法。2、For the purpose of this Contract, the following terms have the meanings as follows:“Goods” sh
12、all mean any and all the Goods manufactured or distributed by Party A indicated in the Shipment Notice and purchased by Party C with the loan provided by Party “Collateral” shall mean the Goods that have been pledged to Party B by Party A, and received and managed by Party C under the authorization
13、of Party B.“Collateral” shall mean the Goods that have been pledged to Party B by Party A, and received and managed by Party C under the authorization of Party B .“ Shipment Notice” shall mean the written notice sent by Party B to Party A in form of the electronic data interchange file, fax or other
14、 forms that shall contain the detailed information of the Goods to be delivered by Party B to Party C, including but without limitation to the Goods price, the shipment date and other Goods identification information. “ Shipment Date” shall mean the date on which the Goods are removed away from the
15、gate of Party B or loaded onto the loading vehicles in case Party C takes delivery of the Goods at its own cost.“Certificate of Quality” shall mean such documents as the Certificate of Quality of Products of Peoples Republic of China issued by Party A for each newly manufactured and proving that the new Goods have passed the qualification test under the conditions of the design drawings and standards concerned and are qualified for delivery to customers.
