商务合同、国际商法与WTO
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3.Terms of Payment (付款方式)

A:Now let's discuss the terms of payment in our proposal.I hope you can accept them.

B:I'm afraid your terms are too harsh for our party.

A:I think our terms are reasonable.

B:OK.We have to pay for our imports in US dollars,right?

A:Yes,we only accept US dollars.After the contract is put into effect,you should pay us fifteen percent of the total price of the contract as down payment no later than 30 days after you've received the invoice and bank guarantee.

B:No,we don't agree because fifteen percent is too much.

A:Can you tell me your idea of an appropriate proportion for down payment?

B:An appropriate down payment proportion should be no more than ten percent.Moreover,if the down payment is ten percent,the retention proportion must be ten percent,too.This is the international practice.If the equipment supplied by you can't run properly after commissioning due to your fault,we will be entitled to keep all or a portion of the retention.

A:It's difficult for us to accept ten percent retention.If by any chance we can't take back this fund,we will suffer heavy losses.

B:If equipment you supplied cannot work normally,we will suffer much heavier losses than you.

A:We can guarantee the quality of equipment and equipment supplied by us will run properly.We don't allow retention.

B:Now that you can guarantee the quality of equipment,why do you worry about the retention?If equipment will run well,this retention will still belong to you.

A:But we'll run a big risk.In order to come to terms,we made concession to agree to ten percent down payment,you should make concession for retention,too.

B:We always insist that the proportion of down payment and retention must be the same.In order to conclude the transaction,we will consider to reduce the proportion of retention appropriately.

A:For terms of payment,we only accept payment by irrevocable Letter of Credit payable against shipping documents.

B:I agree.

A:All remittances will be made by telegraphic transfer.

B:OK.We only bear banking charges incurred in China,while those incurred outside China will be borne by yourselves.

A:I agree.

Notes

(1)the contract is put into effect合同生效

(2)down payment预付金,订金

(3)the invoice and bank guarantee发票和银行保证书

(4)retention保留金,押金

(5)can't run properly after commissioning due to your fault,we will be entitled to keep all or a portion of the retention 开始使用后,如由于你方的错误造成设备运转不正常,我们有权保留全部或部分押金。

(6)by any chance万一

(7)run a big risk承担大风险

(8)come to terms达成协议

(9)We only accept payment by irrevocable Letter of Credit payable against shipping documents.我们只接受不可撤销信用证,凭装运单据结汇付款的方式。

(10)All remittances will be made by telegraphic transfer.所有的汇款应通过电汇方式支付。

(11)bear banking charges incurred in China承担在中国发生的银行服务费用