常见国际商务合同的翻译技巧handout

常见国际商务合同的翻译技巧handout

一、合同翻译的准则

1. 准确严谨

Licene will furnish to Party A copies of insurance policies

and/or the endorments.

2. 规范通顺Expressiveness and Smoothness

兹经买卖双方同意按下列规定的条款出售和购买此货。

二、句子翻译技巧

1.主语的转换

1）主语转换为谓语

Delivery must be effected within the time stated on the

purcha order, otherwi the Buyer must at its opinion cancel

the order without cost to him, and charge the Seller for any loss

incurred as the result of the latter’s failure to make such a

delivery.

Payment shall be made by net cash against sight draft with

Bill of Lading attached showing the shipment of the goods. Such

payment shall be made through the Bank of China, Dalian Branch.

The Bill of Lading shall not be delivered to the Buyer until such

draft is paid.

Partial shipments shall be allowed upon prentation of the

clean t of shipping document.

2）主语转化为宾语

Should all or part of the Contract and its appendices be

unable to be fulfilled owing to the fault of one party, the

breaching party shall bear the responsibilities thus caud.

If any terms and conditions of this Contract are breached and

the breach is not corrected by the breaching party within 30 days

after a written notice thereof is given by the other party, then the

nonbreaching party shall have the option to terminate this

Contract by giving a written notice thereof to the breaching party.

3）主语转为定语

Each party is liable for the Joint Venture Company only up to

the limit of the capital subscribed by it.

2. 宾语的转换

1）宾语转为主语

The Seller shall deliver the Equipment and Materials in

accordance with the Contract from the 19 (nineteenth) month to

the 27 (twenty-venty) month from the date of signing the

Contract in 4 (four) lots.

Party A shall nd twice its technical personnel to Party B’s

factory for training, and the total number of the participants shall

not exceed 200 (excluding the interpreter).

2）宾语转换为谓语

The Licensor will, at its own cost, take such actions to

eliminate infringement of the Licend Patents as may be

reasonably necessary and proper in its own opinion.

The Seller shall make delivery of the goods strictly within the

period stipulated herein. In the event of delay in delivery, the

Buyer may cancel the Contract and claim damages for breach of

the Contract.

3. 表语的转换

1）Agent oriented toward a single geographic market

arching for products to import and market in the home

Country is an import agent.

The date of registration of the Joint Venture Company shall

be the date of the establishment of the board of directors of the

Joint V enture Company.

2）表语转为谓语

In the cour of arbitration, the Contract shall be

continuously executed by both parties except the part of the

Contract which is under arbitration.

Whereas Party B is in the real estate business, and the two

Parties are in consideration of the mutual convenances and

agrees to enter into this Contract under the terms and conditions

t forth as follows:

4. 定语的转换

1）定语转为谓语

The sample of the machine submitted by the Seller is

featured by novel shape, easy operation, high calorific efficiency

and low fuel consumption.

We look forward to an ever increasing volume of business

with your glass factories.

We claim from shortage in weight and low quality on the

consignment of wheat shipped per s.s. “Princess Victoria”.

2）定语转为状语

Any disputes arising from the execution of, or in connection

with the Contract shall be ttled through friendly consultations

between both Parties. In ca no ttlement can be reached

through consultations, the disputes shall be submitted for

arbitration.

The Joint Venture’s products to be sold in China may be

handled by the Chine Materials and Commercial Departments

by means of agency or exclusive sales, or direct sale by the Joint

Venture Company.

5. 状语的转换

1）状语转化为主语

The conditions for establishment of the Joint Venture

Company and the total amount of investment and registered

capital are stipulated in this Contract.

For the purpo of this Contract, the Party B desires to

introduce the Patent and engage in production cooperation in

accordance with the technical know-how specified in the Patent.

The products fair will be held at the Standard Electrical Co.,

Madrid, Spain with the Buyer’s reprentatives.

2）状语转化为汉语的定语

In this Contract, the Packing Clau stipulates for one gross

to the polythene bag, covered with paper box, 50 paper boxes to

an inner carton, 2 inner cartons to a wooden ca.

三、被动语态的翻译

1.被动语态的转换翻译

1）动作的发出者转化为汉语主语

This Contract is made by and between the Buyer and the

Seller, whereby the Buyer agrees to buy and Seller agrees to ll

the under-mentioned commodity according to the terms and

conditions stipulated below.

If any terms and conditions to this Contract are breached and

the breach is not corrected by any party within 15 days after a

written notice thereof is given by the other party, then the non-

breaching party shall have the option to terminate this Contract

by giving a written notice thereof to the breaching party.

All the payments shall be made in the U.S. Currency by the

Buyer to the Seller by telegraphic transfer to the Seller’s

designated account with the Bank of China, Beijing, China.

2) 英语句中的某一状语转换为主语

The cost of the nonreturnable containers of the goods sold

under this Contract is included in the prices herein specified.

The production design, technology of manufacturing, means

of testing materials prescription, standard of quality and training

of personnel shall stipulated in Chapter 4 in this contract.

The establishment, remuneration and the expens of the

staff of the preparation and construction office, when agreed by

both parties, shall be covered in the project budget.

3）把英语句子中的主语转化为宾语

In ca the quality, quantity or weight of the goods is found

not in conformity to tho stipulated in this Contract after

reinspection by the China Import and Export Commodity

Inspection Bureau within 15 days after the arrival of the goods at

the port of destination, the Buyer shall return the goods to, or

lodge claim against the Seller for compensation of loss upon

the strength of Inspection Certificate issued by the said Bureau,

with the exception of tho claims for which the insurers or the

carriers are liable.

Upon the expiration of the duration or termination before

the date of expiration of the Joint Venture, liquidation shall be

carried out according to relevant law. The liquidated asts shall

be distributed in accordance with the proportion of investment

contributed by Party A and Party B.

2. 被动语态的顺序

1)按原句语序译成汉语主动语态

The Seller shall not be held responsible for late delivery or

non-delivery of the goods owing to generally recognized Force

Majeure caus.

The Seller shall be entitled to terminate this Contract in the

event of failure by the Buyer to comply with any terms or

conditions stated in this Article.

2）按原句语序译成汉语被动语态

The term for the technology transfer agreement is signed by

Joint Company and Party B and it shall be approved by the

approval authority.

All the equipment and materials supplied by the Seller shall

be inspected by the Buyer and the quality certificates and

inspection and test records shall be issued by the manufacturer.

3）it is +p.p.

It is mutually agreed that the certificate of quality and

quantity or weight issued by the

manufacturer shall be part of the document for payment

with the adopted Letter of Credit.

It is esntially stresd that the Buyers are requested to sign

and return the duplicate of this Contract within 3 days from the

date of receipt. In the event of failure to do this , the Sellers

rerve the right to cancel the Contract.

It is strictly understood that the number of employees to be

trained by the Contractor at any one time shall no more than (…)

四、从句的翻译

1. 状语从句的翻译

1）条件状语从句的翻译

If 若，如果

If the Force Majeure event lasts over 40 days, the Buyer shall

have the right to cancel the Contract or the undelivered part of

the Contract.

If any change is required regarding the terms and conditions

to this Agreement, then both parties shall negotiate in order to

find a suitable solution, provided however, that any change to

this Agreement shall be subject to the approval by the Chine

Government.

Claims, if any, shall be submitted by Telex within fourteen

days after the arrival of the goods at destination.

Contingent shares, if any, to be issued hereunder shall be

determined on the basis of the after-tax consolidated earning of

Seller.

Said amount shall be reduced by the sum of the difference,

if any, between the inventory value of small equipment and the

closing inventory value thereof.

In ca 如，若

In ca the Buyer fail to carry out any of the terms or

conditions to this Contract with the Seller, the Seller shall have

the right to terminate all or any part of this Contract with the

Buyer or postpone shipment or stop any goods in transit and the

Buyer shall in every such ca be liable to the Seller for all loss,

damages and expens thereby incurred.

In ca of any divergence of interpretation, the Chine text

shall prevail.

In ca of quality discrepancy, claims shall be filed by the

Buyer within 30 days after the arrival of the goods at the port of

destination.

In the event that 若，如果，假如

In the event that deficiencies in the Equipment become

evident, such deficiencies shall be corrected by ABC during the

two days per week during which the Purchar will not be testing.

In the event that the Documents supplied by Party B are not

in conformity with the stipulations in Sections 8.2, Party B shall,

within the shortest possible time but not later than 30 days after

the receipt of the Party A’s written notice, dispatch free of

charge to Party A the missing or the correct and legible

Documents.

In the event of graft or rious dereliction of duty on the part

of the general manager and/or deputy general managers, the

Board of Directors shall have the power to dismiss them at will.

should+subj.+verb.

Should any of the stipulations to the Contract be altered,

amended, supplemented or deleted, the same shall be

negotiated between and agreed upon by both parties and

written documents shall be signed by the reprentatives of both

parties.

Should the effect of Force Majeure continue more than one

hundred and twenty (120) concutive days, both parties shall

ttle the further execution of the Contract through friendly

negotiations as soon as possible.

Unless=if not, except if or except when

Unless expressly agreed to, the port of shipment is at the

Seller’s option.

Unless otherwi stated thereafter, the accounting principles

employed shall be the same as tho applied in the proceeding

years.

Neither Party shall have the right to reprent the other party

unless otherwi arranged. Provided that…

No salary shall be paid and charged against the operating

expens, provided that the commission or brokerage of the

Second Party shall be paid and charged as a part of the operating

expens.

Provided that Party B desires to continue leasing the flat,

Party B shall notify Party A in writing tow months in advance of

expiry of the lead and a new contact shall be signed.

All disputes in connection with or in the execution of this

Contract shall be ttled through friendly negotiation. Where no

ttlement can be reached, the disputes shall be submitted for

arbitration.

When one party to the Joint Venture Company assigns all or

part of his investment, the other party has preemptive right.

2）. 时间状语从句的翻译。

After …之日起

After the Seller receives the relative documents issued by the

Shipping Company, the Seller shall pay to the Buyer within 20

(twenty) days.

Before ……后，才能……

Both Parties shall apply to their respective government

authorities for approval before the Contract is officially signed.

2）定语从句的翻译

限定性定语从句的翻译

Party B guarantees that the technical documents to be

supplied by Party B are the latest technical information which has

been put into practical u by Party B.

Shipment shall be commenced within 10 months counting

from the date when the contract has come into force and

completed within 16 months.

“Net Selling Price” means the price at which the product is

sold by Party B from time to time after deduction of packing,

installation and freight charge, trade and quantity discount,

commission, insurance and commodity tax, if any, directly

applicable of Product.

The Seller ensures that all the equipment listed in Appendix

One to the Contract are brand-new products who performance

shall be in conformity with the Contract and which are

manufactured

according to the current Chine National Standards or

Manufacturer’s Standard.

All drawings, designs, specifications and all other technical

information made available under this Contract by Party B shall

be kept strictly confidential by Party A who shall not ll, transfer

or divulge it in any manner to anyone except tho of its own

employees who will be using it in a manufacture of the Product,

without prior written connt of the Party B.

非限定性定语从句

If, through the Seller’s default, the shipment is delayed

beyond 30 days, the Buyer shall then be entitled to make other

purcha of the same sort of goods at any lower market price; or

he may cancel its order through a telegram to the Seller, which is

required to get to the latter prior to the beginning of any

shipment.

If within thirty days of the giving of such notice no successor

Agent shall have been so appointed and accepted such

appointment, the retiring Agent may appoint a successor Agent,

which shall be a bank having a combined capital and surplus of

at least USD 50,000,000, or equivalent thereof in another currency,

or an affiliate of such a bank.

三、句子及从句中的状语的翻译

1.句子中状语的翻译

All disputes shall, first of all, be ttled amicably by

negotiation.

The board meeting shall, under the Contract, be held on the

location of the Company.

The Contractor shall, throughout the execution and

completion of the Works and the remedying of any defects

herein, take all reasonable steps to protect the environment on

and off the site.

The Joint Venture Company shall, in the first three months of

each fiscal year, work out the statement of asts and liabilities

and loss and gains accounts of the past fiscal year, and shall,

after examined and signed by the auditor, submit the same to the

Board meeting for approval.

2. 从句中状语的翻译

If, during air transportation, the Documentation (technical

information) is found lost or damaged, Party B shall, within 30

days after receiving Party A’s written notice, supply Party A free

of charge with the Documentation again.

If, for any reason beyond the reasonable control of the

Consultant, it becomes necessary to replace any of the Personnel,

the Consultant shall forthwith provide as a replacement a person

of equivalent or better qualifications.

If, in accordance with the delivery schedule as stipulated in

Chapter 4 to the Contract, the good fail to be delivered at dates

due to the responsibility of the Seller, the Seller shall be obliged

to pay to the Buyer penalty for such delay in delivery at the

following rates.

四、从句简略形式在句中的翻译

The Contractor shall, if called upon so to do, enter into and

execute the Contract Agreement, to be prepared and completed

at the cost of Employer, in the form annexed to the conditions

with such modification as may be necessary.

The Contractor shall notify the insurers of changes in the

nature, extent or programme for the execution of the Works and

ensure the adequacy of the insurance at all times in accordance

with the terms of the Contract and shall, when required, produce

to the Employer the insurance policies in force and receipts for

payment or the current premiums.