I am translating a Chinese contract into English, and I would like some help.
Can you please help checking my translation and give me some comments? Thank you very much,
as this is very important to me. Thanks a million.
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2. The buyer should specify the name of the seller and the amount of payment on the invoice, and transfer the payment to seller’s specified account.
3. Technically, the seller does not accept cash payment. However, if the buyer
finds the need for cash payment, they should inform the seller. The cash
payment can only be made after the seller offers the bill stamped by the
financial seal.
4. If the seller alters the payment methods or accounts, they should notify the
buyer in written form (stamped with official seal).
V The date of delivery: Before 28th Dec, 2010. If the buyer requests for a later
delivery date, they should notify the seller within 7 days upon the date of delivery.
VI Place of delivery: 南汇工业区宣中路289号内
VII Types of delivery: □ The seller delivers the products. The seller would pay for the
delivery fees. The seller would be responsible for any loss or damage of the products during the delivery process. Once the products arrive at the destination, the buyer would be responsible for the loss or damage of the products.
□ Pick up by the buyer. The delivery fees are paid by the buyer. Once the products are transferred to the buyer or their first agent, the buyer would take the responsibility for the damage and loss of the products.
VIII Installation and Adjustment
The setup period: Upon the date of delivery
1. It is the buyer’s responsibility to make sure that the setup location is ready for installation, otherwise the seller is not responsible for any delay or damage caused due to this condition.
2. The seller shall do the product testing and setup according to the design which is confirmed and signed by the buyer. The buyer cannot alter the design after they sign it. If the seller agrees to change the design, the extra cost would be paid by the buyer.
3. The buyer shall provide the elevator to deliver goods and the lights for the setup area. If the buyer cannot offer these facilities, the extra cost should be paid by the buyer.
IX Receiving and inspecting the products:
1. The seller shall deliver the products to the destination on time as specified on the contract. The buyer should accept the products immediately, and keep them in safe location, and also pay the arrival fees as listed in article III(2). If the buyer does not accept the products in full at the time of inspection, they should pay the seller the delivery fees in full, and also any extra cost resulting from this condition.
2. The buyer should receive and inspect the products according to the design, quotation sheet and the quality standard guaranteed by the seller within three days after the setup. After the inspection (Wooden products, the buyer agrees to inspect and receive the products after setup), the buyer shall sign the Certificate of Acceptance. If there is a dispute in regard to the inspection, the buyer should notify the seller in written form within this time limit.
If the buyer does not response with negative feedbacks or does not inspect and accept the products or failing to make a decent effort to notify the seller in written form after regarding the products are faulty, it would be deemed as a pass in inspection.
3. The buyer should sign or seal (official seal or contract seal) on the Letter of Acceptance.
X To ensure the quality
1. The seller guarantees the quality of the products. (An exception for the
difference in colour in wooden products and the ruptures in leather products which are of nature appearance.)
2. The seller provides services according to the warranty terms in the Warranty Certificate.
XI Liability for breach of contract
Seller’s obligation:
1. If the seller fails to make the delivery less than 30 days (inclusive) after the
contracted delivery date, not due to extreme causes (such as earthquake, flood and wind damage), they should pay 5/10000 of the payment of undelivered overdue portion per day as penalty. If the overdue period exceeds 30 days, then XI(2) applies.
2. If the seller fails to make the delivery 30 days after the contracted delivery date, then the seller should pay 20% of the total payment of the undelivered portion as penalty.
Buyer’s obligation:
1. After this contract is taken effect, signed and sealed by both parties, if the buyer terminates the contract unilaterally not due to extreme causes, they should pay 20% of the total payment to the seller as penalty.
2. The products and their colours listed on quotation sheet cannot be refunded (an exception for defects), if the buyer still insists for refund, then the following conditions apply:
1) custom-made products, table sc