商务合同、国际商法与WTO
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2.Contract Prices (合同价格)

A:Mr.B,you promised to reconsider the total contract price,taking into account our request to increase the share of locally produced equipment in the total volume of products for the project.

B:Yes,we've taken it into account.Our new price is $56,000,000.

A:Oh,it seems too high to us.

B:And what do you offer?

A:Half the sum.

B:Sorry,Mr.A,but you ignore the latest international quotations.The prices of chemical equipment have gone up lately.We have competitive materials substantiating our prices,and you?

A:So do we.Here is a contract signed with a Hungarian firm.

B:We know the contract,but it can't justify your prices,Mr.A.It was signed in 1999.

A:You are right,Mr.B,but this contract can be a basis for our discussions.We may put it aside if you don't like the discussion of the total contract price for now and take up group and item prices instead.

B:In principle we do not object,but we haven't prepared a detailed breakdown of the contract price yet.Today we are ready to discuss group prices.

A:All right.May we have your calculations of group prices to compare them with ours?

B:Here you are.

A:Well,your group prices differ from ours.We'll have to compare them more carefully.Could we keep your materials?

B:Yes,certainly.

A:Let's resume our talks in 3-4 days.

After a tough negotiation all the points under dispute were solved and the two companies reached an agreement on the principles and some details of the contract.Then the draft of the contract was drawn up and the representatives of the two companies met again to come to the final agreement.

A:Well,Mr.B,I've brought with me the draft of our contract.Please have a look and let us know anything you are not clear about.

B:Thank you.(After going through it carefully.) Well,there is something we should add to this provision:if one side fails to honor this contract,the other side is entitled to cancel this contract.Do you think so?

A:Certainly.I shouldn't have ignored it.We should include this provision in it.Anything else you've noticed?

B:There is one more thing to make clear.I'd like to know in case of claims,which institution in China will handle arbitration.

A:Oh,suppose we have a dispute,we can resolve the case by submitting the dispute to the China International Economic and Trade Arbitration Commission.

B:OK,I think we've got everything clear now.I hope we can sign it very soon.Even if we have failed to include some details in this contract,we can include them into a supplement to the contract upon mutual agreement.

A:Agreed.I'll contact you as soon as the formal contract is ready.

B:Good,I'll see you then.

A:See you.

Notes

(1)taking into account考虑

(2)to increase the share of locally produced equipment in the total volume of product for the project为工程提供的设备总量中增加一部分由当地生产的设备

(3)the latest international quotations最新的国际行情(报价)

(4)We have competitive materials substantiating our prices.我们有报价对比资料可以证实我方提出的价格。

(5)But it can't justify your prices.但这并不能证实贵方的开价合理。

(6)group and item prices 分类价和单价

(7)a detailed breakdown of the contract price 合同价款详细的分类项目

(8)calculations计算方式

(9)resume恢复

(10)the points under dispute 所有有争议的问题

(11)the draft 草案

(12)add to this provision 加到这一条款上

(13)if one side fails to honor this contract 如果一方不履行合同

(14)is entitled to cancel this contract 有权取消这个合同

(15)ignored 忽略了的

(16)We should include this provision in it.我们应把这一条款加到合同中。

(17)in case of claims 万一要索赔

(18)handle arbitration 处理仲裁

(19)suppose we have a dispute 假若我们发生了争议

(20)resolve 解决

(21)submitting 呈交

(22)the China International Economic and Trade Arbitration Commission 中国国际经济贸易仲裁委员会

(23)We can include them into a supplement to the contract upon mutual agreement.经过双方协议后我们可以将某些细节问题列入合同的补充条款。

(24)contact与……联系

(25)the formal contract 正式合同