国际货物贸易合同 违约责任条款 英汉对照
2013-12-11 16:01阅读：
示例一：
Should any of the parties commit any material breach of its
obligations under this Agreement, the party not in default shall
have the right to terminate this Agreement by giving the defaulting
party thirty (30) days’ (or any such shorter period as may be
required by the specific circumstances) notice in writing of such
termination setting out the breach charged. If the defaulting party
within such period of time has remedied the breach or, if such
breach is not reasonably capable of being remedied within thirty
days, has commenced with due diligence, and thereafter proceeds,
effectively to remedy the breach in a timely manner, the notice
shall be of no effect and this Agreement shall remain in
force.（任何一方实质性地违反本协议规定的义务，非违约方有权提前30天（或具体情况要求的其它更短的期限）书面通知违约方终止本协议，并指明相关违约行为。违约方在规定的时间内采取补救措施，或者违约造成的损害无法在30天内得到合理的补救，但违约方在该30日内已经开始勤勉的开始补救，并在该
pan >30日后继续进行及时有效的补救的，前述通知不发生法律效力，本协议仍然有效。）
示例二：
Should Seller fail to make delivery on time as stipulated in
the Contract, with exception of Force Majeure causes specified
herein, Buyer shall agree to postpone the delivery on condition
that Seller will pay a penalty which shall be deducted by the
paying bank from the payment. The penalty, however, shall not
exceed % of the total
value of the goods involved in the late delivery. The rate of
penalty is charged at
% for every seven days (odd days less than seven
days shall be counted as seven days). In case Seller fails to make
delivery four weeks later than the time of shipment stipulated in
the Contract, Buyer shall have the right to cancel the contract and
Seller, in spite of the cancellation, shall nevertheless pay the
aforesaid penalty to Buyer without
delay.（如卖方不能按合同规定按时交货，除本合同规定的不可抗力原因外，在卖方支付违约金的情况下，买方应同意推迟交货。该违约金由付款行从议付货款中扣除。违约金不超过该批迟交货物总价的
%，迟延交货的违约金按每7天
%计算，不足7天按7天算。若卖方在距离合同规定的交货日期4周后仍未能交货，买方有权撤销合同；尽管买方撤销合同，卖方仍需毫不延迟地向买方支付前述违约金。）
示例三：
Buyer shall have the right to demand for curing and
indemnifying measures or continued performance of the contract and
Buyer shall be entitled to liquidated damages of
percent of the value of
delayed delivery for each delayed day with the total amount of
liquidated damages not exceeding
percent of the total contract
price provided that Seller fails to deliver the contracted
equipments and complete the construction, installation and
commissioning services within the respective time periods set forth
for such delivery and
services.（如卖方未在本合同所规定的时间内交付本合同所规定的设备并完成工程施工、安装调试服务，买方有权要求卖方采取补救和补偿措施，或继续履行本合同所规定的义务。同时，每延迟一日，卖方应向买方支付不能按期交货部分货款的
%的违约金；但违约金的总数不超过合同总价款的
%。）
If the specifications, configuration, quality or quantity of
the equipments delivered by Seller fails to conform to any term or
condition of the contract, Buyer shall have the right to demand for
curing and indemnifying measures and may refuse to pay for such
equipments. Buyer shall have the right to terminate the contract
and demand for return of all payments made to Seller by Buyer and
for payment by Seller of liquidated damages of
percent of the total
contract price provided that Seller fails to cure the
non-conformity within
days following expiry of the delivery
time.
（如卖方所交付设备的规格、配置、质量、数量与本合同的约定不一致，则买方有权要求卖方采取补救和补偿措施，并可以拒绝支付货款。如卖方未能在交货期限届满之日起
日内解决所存在的问题，则买方有权终止合同，要求卖方返还已经收取的任何款项，并要求卖方支付相当于合同总价款的
%的违约金。）
In the event that Buyer fails to make payment(s) due and
payable under the contract, Seller may accordingly postpone
delivery of the equipments and/or the provision of the
construction, installation and commissioning services, without
compensation. All outstanding payments shall accrue interest at the
rate of the current bank deposit interest rate.
（如买方未按协议规定的期限支付合同价款，卖方可以顺延供货并/或顺延工程施工及安装调试，并且不承担任何赔偿责任。所有逾期未支付的款项均应按银行同期存款利率计算利息。）
In case of failure by Seller to respond to any notice of
claim for damages given by Buyer within
days following
receipt of such notice, the foregoing notice shall be deemed to
have been acknowledged and accepted by
Seller.（如果卖方在收到买方发出的索赔通知之日起
天内未作答复，则该索赔应视为已被卖方承认和接受。）
Payment by Seller to Buyer of liquidated damages and any
other damages shall not be considered as full or partial
performance of any of Seller’s obligations under this
contract.
（卖方向买方支付违约金或任何其他损害赔偿金的，并不免除卖方在本合同项下的未尽义务。）
