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Freelance translator and/or interpreter, Verified site user
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Services
Translation, Interpreting
Expertise
Specializes in:
Accounting
Certificates, Diplomas, Licenses, CVs
Education / Pedagogy
Law (general)
Law: Contract(s)
Law: Patents, Trademarks, Copyright
Law: Taxation & Customs
Linguistics
Poetry & Literature
Also works in:
Computers (general)
Computers: Hardware
Computers: Software
Computers: Systems, Networks
Economics
Electronics / Elect Eng
Finance (general)
Furniture / Household Appliances
Internet, e-Commerce
Investment / Securities
IT (Information Technology)
Patents
Real Estate
Journalism
More
Less
Rates
Chinese to English - Rates: 0.02 - 0.06 USD per character / 30 - 50 USD per hour English to Chinese - Rates: 0.02 - 0.06 USD per word / 30 - 50 USD per hour
Payment methods accepted
Visa
Portfolio
Sample translations submitted: 2
Chinese to English: 租赁协议 General field: Law/Patents Detailed field: Law: Contract(s)
This Lease Agreement (hereinafter called ‘This Agreement’) is made and entered into by and
between the following parties:
1. The Lessor XX Corporation(hereinafter called ‘Party A’), a company incorporated pursuatn to Singaporean laws with the registration address located at
2. The Lessee：XX Corporation (hereinafter called ‘Party B’) as specified in Article 1, Appendix I, a bank incorporated pursuatn to Chinese laws with the registration address located at
WHEREAS：
Party A and Party B (hereinafter called ‘the Parties’) have conducted amicable negotiation with regard to Party B’s renewing the lease of the premises (as defined in the following text) Unit A, 1st Floor and Unit A, 2nd Floor, No. , Road (hereinafter called ‘the Office Building’) and hereby enter into This Agreement.
NOT IT IS HEREBY AGREED as follows：
Chapter I Definitions and the Leased Premises
1.2 Unless otherwise defined in the context, the following terms shall have the meanings as follows in This Agreement :
English to Chinese: Terms and Conditions of Purchase General field: Law/Patents Detailed field: Law: Contract(s)
Source text - English Terms and Conditions of Purchase
UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING, ALL PURCHASES ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
1. Offer and Acceptance. This Purchase Order is only an offer to enter into a contract. For this Purchase Order to be a valid and effective offer, it must be executed by a duly authorized agent of the buyer(s), XXX Electronic Company Limited (“XXX”) and/or YYY Shanghai Company Limited (“YYY”), either entity (the “Buyer”) is a private limited company established in the People’s Republic of China (“PRC”). XXX’s principal place of business is at …, Shanghai PRC, and YYY’s principal place of business is at …, Shanghai PRC. Buyer may revoke, amend or modify this offer at any time prior to Seller’s (Seller is any supplier of products or services for Buyer) acceptance. Any of the following acts constitute Seller’s acceptance of this Purchase Order and all terms and conditions herein: a) Seller’s execution and return of the acknowledgment copy of this Purchase Order or Seller’s own acknowledgment form; b) Seller’s commencement of performance pursuant to this Purchase Order; c) Seller’s delivery of any of the products ordered; or d) Seller’s acceptance of any payment by Buyer hereunder. Acceptance of this Purchase Order is limited to, and conditioned upon, acceptance of the terms set forth below, which terms cannot be altered or amended without Buyer’s express written agreement. Acceptance shall be binding upon Seller and Seller’s successors, assigns and delegatees.
2. Prices. All prices shall be as stated in this Purchase Order and are firm and not subject to escalation. Seller represents and warrants that the prices set forth in this Purchase Order are at least as low as those currently being quoted by Seller to commercial users for the same products, in like quantities, under similar circumstances. If no price is stated for any product, the price for that product shall be the lowest price currently quoted or charged by Seller for that product, but in no event higher than the price most recently quoted or charged to Buyer by Seller for that product.
3. Taxes. Unless otherwise provided in this Purchase Order, the price does not include taxes. Seller shall pay, all excise, sales, value added, use, transfer or other taxes, national, state and local, in connection with the sale or delivery of the products to Buyer and add to the invoice.
4. Invoicing/Terms of Payment. After each shipment made or Service provided under this order, Seller shall send a separate invoice, including item numbers, in duplicate, accompanied (if applicable) by a bill of lading or express receipt. Payment of invoice shall not constitute acceptance of the Goods or Services and shall be subject to appropriate adjustment for failure of Seller to meet the requirements of this order. Buyer may set off any amount owed by Seller or any of seller’s affiliated companies to Buyer against any amount owed by Buyer to Seller under this order. Unless Buyer has otherwise agreed in writing, payment terms shall be net thirty (60) days from the date Buyer receives Seller’s invoice.
5. Quantities. Unless Buyer has otherwise agreed in writing, Seller must deliver the exact quantities specified. Buyer reserves the right to reject incomplete deliveries and to return at Seller’s risk and expense excess quantities delivered.
6. Packaging and Shipment. All products shall be packaged, marked and otherwise prepared for shipment by Seller in suitable containers in accordance with sound commercial practices. Seller shall mark on containers all necessary handling, loading and shipping instructions. An itemized packing list shall be included with each shipment.
7. Delivery. Buyer’s production and marketing schedules are established in reliance upon the delivery information specified in this Purchase Order. Time and place of delivery are therefore of the essence in the performance of this Purchase Order. Any provision for delivery in installments shall not be construed as making the obligations of Seller severable. If delivery cannot be made at the specified time and place, Seller shall promptly notify Buyer of the earliest possible date for conforming delivery. Notwithstanding such notice, and unless otherwise agreed by Buyer in writing, Seller’s failure to effect conforming delivery shall entitle Buyer to revoke any acceptance, to cancel this order without liability to Seller, to receive a full refund of any amounts paid, to purchase substitute products elsewhere, to return at Seller’s risk and expense all or any part of a nonconforming delivery and to hold Seller accountable for any loss or additional costs incurred. Buyer’s receipt or acceptance of all or part of a nonconforming delivery shall not constitute a waiver of any claim, right or remedy Buyer has under this Purchase Order or under applicable law.
8. Title and Risk of Loss. Title to and risk of loss for products (other than software products) purchased, which conform to this Purchase Order shall pass to Buyer upon acceptance at Buyer’s premises. Title to and risk of loss for nonconforming products and for all property provided to Buyer by Seller shall remain with Seller.
9. Inspection and Rejection. Buyer or Buyer’s Agent and/or Buyer’s Customer may inspect and test all products at reasonable times before, during and after manufacture. If any inspection or test is made on Seller’s premises, Seller shall provide reasonable facilities and assistance for the safety and convenience of Buyer’s inspectors in such manner as shall not unreasonably hinder or delay Seller’s performance. All products shall be received subject to Buyer’s inspection, testing, approval and acceptance at Buyer’s premises notwithstanding any inspection or testing at Seller’s premises or any prior payment for such products. Products rejected by Buyer as not conforming to this Purchase Order may be returned to Seller at Seller’s risk and expense and shall not be replaced by Seller without Buyer’s written authorization.
10. Warranties. In addition to any other express or implied warranties, Seller warrants that all products delivered hereunder will be merchantable, new, suitable for the uses intended, of the grade and quality specified, free from all defects in design, material and workmanship, will conform to all samples, drawings, descriptions and specifications furnished, and will be free of liens and encumbrances. Seller warrants that software products provided hereunder will perform substantially in accordance with applicable product specifications in effect at the time of delivery. These warranties shall survive any delivery, inspection, acceptance, payment or resale of the products and shall extend to Buyer and Buyer’s customers. These warranties shall be construed as conditions as well as warranties and shall not be deemed to exclude Seller’s standard warranties or other rights or warranties, which Buyer may have or obtain. At its expense and option, Seller shall replace or repair any products not conforming to the foregoing warranties and shall correct all software products not performing substantially in accordance with applicable product specifications. If after notice Seller fails promptly to replace or repair any such product or to correct any such software product, Buyer may do so without further notice and Seller shall reimburse Buyer for all costs incurred thereby. If Buyer is unable to replace or repair any such product or to correct any such software product, Seller shall promptly refund to Buyer the full purchase price paid for all such products.
11. Intellectual Property; Noninfringement.
(a) Seller acknowledges and agrees that all specifications, drawings, diagrams, schematics, sketches, models, samples, designs, technical information or data, written, oral, or otherwise, furnished by Buyer or on Buyer’s behalf are and shall remain Buyer’s sole and exclusive property, and shall be returned promptly to Buyer or Buyer’s designee (together with all copies) upon the earlier of Buyer’s request or the termination or completion of this Purchase Order. Seller acknowledges and agrees that all such intellectual and industrial property, as well as the terms of this Purchase Order and the existence and content of the relationship between the Seller and Buyer, shall be treated as confidential, and shall not be used or disclosed by Seller except as required in the course of performing this or other Purchase Orders for Buyer. Unless Buyer has otherwise agreed in writing, information and material furnished or disclosed by Seller to Buyer shall not be considered to be confidential or proprietary, and shall be acquired by Buyer free of restrictions of any kind.
(b) Seller acknowledges and agrees that any copyrightable product made, designed or developed for Buyer in connection with the performance of this Purchase Order shall fully belong to Buyer. Seller hereby assigns to Buyer any and all inventions, discoveries, computer programs, software, data, technologies, designs, innovations and improvements, and the related patents, copyrights, trademarks, trade names and other industrial and intellectual property rights and applications therefor, made or conceived by Seller or its agents or employees in connection with the performance of this Purchase Order. Seller hereby appoints any of Buyer’s officers as its duly authorized attorney, and Seller agrees to cooperate to the extent Buyer may reasonably request, for the purposes of executing, filing, prosecuting and protecting the foregoing.
(c) Seller represents and warrants that the products delivered hereunder do not infringe any United States or foreign patent, trademark, trade secret or copyright, or any proprietary, intellectual property, industrial property, contract or other right held by any third party.
(d) Seller shall include all provisions of this Section 11 for the benefit of Buyer, including this Section 11(d), in all subcontracts made under this Purchase Order.
12. Installation. If requested by Buyer, Seller shall install the products supplied hereunder anywhere in Shanghai, PRC for a charge to be mutually agreed upon.
13. Tools and Equipment. All tools, dies, molds, patterns, jigs, masks and other equipment and materials furnished by Buyer to Seller or paid for by Buyer, directly or indirectly, and any replacement shall remain Buyer’s property. Seller shall safely store such property separately from Seller’s property, shall plainly identify such property as Buyer’s property and shall not use, in any other manner whatsoever, such property except in filling this or other Purchase Orders for Buyer. All such property shall be held at Seller’s risk, shall be insured by Seller at its expense for an amount equal to its replacement cost and with Buyer named as loss payee and shall be returned promptly to Buyer or Buyer’s designee upon the earlier of Buyer’s request or the termination or completion of this Purchase Order.
14. Changes. Buyer may, at any time and from time to time, by written notice to Seller, make changes in specifications, designs, drawings, method of packing or shipment, quantity ordered, destinations and delivery schedules, and Seller shall immediately comply therewith. If any such change causes a material increase or decrease in Seller’s cost or the time for performance, an equitable adjustment shall be made to the price or delivery schedule, or both. Any claim by Seller for adjustment under this Section 14 shall be deemed waived unless made in writing within ten (10) days after receipt of written notice by Buyer of the change. No change, modification or revision of this Purchase Order shall be binding upon Buyer unless in writing and signed by a duly authorized representative of Buyer. Nothing contained in this Section 14 shall excuse Seller from diligently proceeding with the order as changed.
15. Software.
(a) With respect to the software products if any, provided by Seller, Buyer and Seller intend and agree that such software products are being licensed and not sold, and that the words “purchase,” “sold” or similar or derivative words are understood and agreed to mean “license.” Seller shall retain ownership of and title to all software products provided hereunder, notwithstanding anything to the contrary stated herein.
(b) Seller hereby grants Buyer a royalty-free, nonexclusive license to use, copy, operate, process and sublicense software products provided hereunder for Buyer’s internal business purposes on the hardware products provided hereunder and to use, copy, operate, process and sublicense the related documentation for Buyer’s internal business purposes. This license terminates when Buyer’s lawful possession of the hardware products hereunder ceases, provided that the termination of this license shall not affect sublicenses previously granted by Buyer.
16. Compliance with Laws.
(a) Seller shall comply with all applicable governmental laws, ordinances, codes, rules, regulations, programs, plans and orders in the performance of this Purchase Order, including, without limitation the PRC national, state and local laws, and laws, regulations and ordinances pertaining to the preservation of the environment. At Buyer’s request, Seller shall provide appropriate certificates of compliance.
(b) Seller shall obtain all permits or licenses required in connection with the manufacture, sale, shipment and installation of the products ordered hereby.
(c) If in connection with the products to be delivered under this Purchase Order, Seller is required to comply with any PRC law and regulations, Seller agrees to provide Buyer with copies of the applicable documents upon request at the time of delivery of the products ordered hereunder which show such compliance, and any updates of such compliance documents required to be delivered by Seller to Buyer under such PRC laws and regulations.
17. Government Contract Provisions. Purchase Orders which specify a government contract number or otherwise indicate that the materials purchased are intended for use under government contracts or subcontracts shall be subject to and deemed to incorporate all clauses and provisions which are contained in such contracts and subcontracts which are applicable to Seller.
18. Cancellation.
(a) Buyer may, by written notice to Seller, cancel the whole or any portion of this Purchase Order in the event of (1) proceedings, voluntary or involuntary, in bankruptcy or insolvency, by or against Seller, (2) the appointment, with or without Seller’s consent, of any trustee or receiver for any substantial portion of Seller’s assets, (3) any assignment for the benefit of Seller’s creditors or (4) Seller’s breach of any provision contained herein. In the event of any such cancellation, Buyer may procure, upon such terms and in such manner as Buyer may deem appropriate, products comparable to the products covered by the Purchase Order so terminated, and Seller shall be liable to Buyer for any excess cost of such comparable products. In the event of any such cancellation, Buyer may require Seller to deliver to Buyer in the manner and to the extent directed by Buyer, any completed or partially completed products, against Buyer’s payment of the portion of the price properly allocable to such products. Seller shall continue performance of this Purchase Order to the extent not canceled. Except to the extent specifically set forth herein, Buyer shall have no obligation or liability to Seller in respect of the canceled portion of this Purchase Order. Buyer’s rights set forth in this Section shall be in addition to Buyer’s other rights in the event of Seller’s default. Notwithstanding the foregoing, Seller shall not be liable to Buyer for excess costs or other damages if Seller’s default is due to a cause beyond its reasonable control and without its negligence. In the event of any such cancellation all deposits or prepayment shall be deemed to have been held in trust for Buyer’s benefit and shall be returned to Buyer promptly upon request.
(b) All of Seller’s obligations set forth in this Purchase Order shall survive the cancellation, termination or completion of this Purchase Order.
19. Assignment. Seller shall not delegate or subcontract any duties or assign any rights or claims under this Purchase Order without Buyer’s prior written consent, and any such attempted delegation, subcontract or assignment shall be void.
20. Governing Law; Jurisdiction; Venue. This Purchase Order and the rights and obligations of the parties hereunder shall be governed by and interpreted, construed and enforced as a sealed instrument in accordance with the laws of PRC, without regard to its conflicts of laws provisions. Jurisdiction and venue with respect to any suit in connection with this purchase shall reside in the courts in Shanghai PRC.
21. Authorization. Seller represents and warrants that it has been duly authorized to execute, deliver and perform this Purchase Order, and the person signing on Seller’s behalf has the power and authority to do so.
22. Indemnification. Seller shall indemnify and hold Buyer harmless against any and all claims, losses, liabilities, damages, costs or expenses, including attorneys’ fees and court costs, and shall defend all actions and proceedings at Seller’s sole expense, resulting from the breach or alleged breach of any representation, warranty or agreement made by Seller in this Purchase Order, including, without limitation, Seller’s obligations to deliver products pursuant to this Purchase Order and Seller’s representations, warranties and agreements contained in this Purchase Order.
23. Insurance. Seller shall maintain with an insurance company or companies Comprehensive General Liability Insurance (including liability hereunder) in the minimum amount of Renminbi 200,000. At Buyer’s request, a certificate of such insurance shall be filed with Buyer and shall provide for ten (10) days’ prior written notice to Buyer of cancellation or material change. Liability insurance limits shall not be construed to limit Buyer’s right of indemnity hereunder.
24. Set-off. Any amount owed to Seller by Buyer or any of Buyer’s affiliates shall be subject to deduction for any set-off counterclaim or indemnification right arising out of this or any other Purchase Order to Seller from Buyer or any of Buyer’s affiliates.
25. Severability; Remedies; Waiver. In the event that any one or more provisions contained in this Purchase Order shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. The remedies contained herein are cumulative and in addition to any other remedies at law or equity. Buyer’s failure to enforce, or waiver of a breach of, any provision of this Purchase Order shall not constitute a waiver of any other breach of such provision.
26. Notices. Any notice or communication required or permitted under this Purchase Order shall be in writing and shall be deemed received when personally delivered or three (3) days after being sent via first-class, express, registered or certified mail, postage prepaid, fax, e-mail, to a party at the address specified herein or at such other address as either party may from time to time designate to the other.
27. Entire Agreement. This Purchase Order is the complete and exclusive statement of the contract between Buyer and Seller with respect to Buyer’s purchase of the products. No waiver, consent, modification, amendment or change of the terms of this Purchase Order shall be binding unless in writing and signed by Buyer and Seller.
28. Additional or Inconsistent Terms. Any term or condition set forth in any Purchase Order or confirmation provided to Buyer by Seller which is in any way different from, inconsistent with or in addition to the terms and conditions set forth herein will not become a part of this Purchase Order or be binding upon Buyer. If Seller objects to any term or condition set forth herein, this objection must be in writing and received by Buyer at the address stated on the opposite side of this Purchase Order prior to Seller’s delivery. Buyer’s failure to object to terms contained in any communication from Seller will not be a waiver of the terms set forth herein. Seller shall not condition any delivery upon the abrogation or modification of any of the terms and conditions included in this Purchase Order.
29. Work to be Completed on Buyer’s Premises by Seller. In the event that Seller is required, as a part of its fulfillment of the terms of this Purchase Order, to perform work or services on Buyer’s premises, Seller assumes entire responsibility and liability for losses, expenses, damages, demands and claims in connection with or arising out of any injury or alleged injury (including death) or damage to property, sustained or alleged to have been sustained in connection with or to have arisen out of the performance of such work or Services by Seller. Seller shall indemnify and hold Buyer harmless from and against any and all claims, demands, actions, causes of action, suits, damages, expenses (including attorneys’ fees) and liabilities, contingent or otherwise, whatsoever resulting from or arising in any manner on account of or by reason of any injury to or death of any person or any damage to or loss of property which may occur or be alleged to have occurred as a result of or in connection with the performance of such work or Services in connection with this Purchase Order.
30. Patents, Copyrights, and Mask Work Rights. Seller shall defend, at Seller’s own expense, any suit or claim that may be instituted against Buyer or any customer of Buyer for alleged infringement of patents, copyrights, or mask work rights relating to the maintenance, sale, or use of the Goods, except for any such infringement resulting from Seller’s compliance with detailed designs provided by Buyer, and Seller shall indemnify Buyer and Buyer’s customers for all costs and damages arising out of such alleged infringement.
31. Notice of Labor Disputes. Whenever an actual or potential labor dispute delays, or threatens to delay, the timely performance of this order, Seller shall immediately notify Buyer in writing of all relevant information with respect to such dispute.
32. Cessation of Production. If production of any Goods, or the provision of any Services, is to be permanently discontinued at any time within one (1) year after final delivery of such Goods or Services under this order, Seller shall give Buyer at least one hundred eighty (180) days prior written notice of such discontinuance, during which time Seller shall accept orders from Buyer for a reasonable quantity of such Goods or Services.
33. Publicity. Seller shall not make or authorize any news release, advertisement, or other disclosure, which shall deny or confirm the existence of this order without the prior written consent of Buyer, except as may be required to perform this order.
34. Disputes. Any dispute arising under this Purchase Order, which is not disposed of by agreement of the parties shall be decided by a court of competent jurisdiction. Pending settlement of final decision of any such dispute, Seller shall proceed diligently with the performance of this order in accordance with Buyer’s direction.
35. Design/Process Change. On any Product made to Buyer’s Material Specification, Seller must notify Buyer in writing of any design or process change before the change is put into effect.
AGREED AND ACCEPTED
______________________________________
[YYY Shanghai Company Limited/XXX Electronic Company Limited]
Buyer
Legal: about 850,000 words, including but not limited to confidentiality/distribution/guarantee/ lease/license/service/sales/purchase/share transfer/technical assistance agreement/contract, patent application document, legal due diligence investigation report, articles of association, sworn affidavit, employees’ manual, court summons, code of conduct, insurance policy, memorandum, incorporation certificate, etc. for universities, government authorities, and companies like Shanghai Jiao Tong University, University of Science and Technology of China, Ministry of Finance of the People's Republic of China, State Administration of Taxation the People's Republic of China, Ministry of Construction the People's Republic of China, Gillette, Symantech, UPS, BMG, JDA Software, Germany TUV Rheinland, Home Depot, Meadwestvaco, Stone Foundation, Great Star, SciClone, Sony, Schneider, LVMH, etc.
Financial & Accounting: about 500,000 words, including financial statements, audit reports, internal audit regulations, People’s Bank of China, China Bank of Communications, Industrial and Commercial Bank of China, China Construction Bank, Shanghai Gold Exchange, China Everbright Bank, MetroBank-China, DBS Bank(Singapore), ABN AMRO(Netherlands), HSBC, Wachovia Corporation,PricewaterhouseCoopers, Ernst & Young, and Deloitte.
Literature: In 2007, I translated and published a book (word count: 300,000) on the selected parts of some masterpieces written by playwrights like William Shakespeare, George Bernard Shaw, Eugene O'Neill,William Somerset Maugham,Samuel Beckett, etc. In addition, I also translated some stories for children including my son.
Miscellaneous: I translated some monthly and annual reports (about 400,000 words) on the refrigerator and air-conditioner production and export for China Commodity Market, a provider of market information. In addition, my translation also includes academic papers, advertising materials, news, website information, etc. (about 200,000 words).
Educational Background
Sept. 2012~ now
Ph.D candidate, Faculty of Education, Queen's University, Kingston, Ontario, Canada
Sept., 2003～March, 2006
M.A., School of Foreign Languages, Shanghai Jiao Tong University (top 10 in China), focusing on English education, translation and literature.
July, 1997～January, 2002
Systematically learned jurisprudence, international laws, economic law, civil law, contract law, property law, etc. in order to apply for the law school of Fudan University (top 10 in China).
Sept., 1995～July, 1999
B.A., School of Foreign Studies(a cradle of diplomats since 1994 with its good quality of English education), Anhui University, focusing on English language and literature.
Publications
2011. (ed.) College English Reading Course Book, Anhui University Press
2010，(ed.) Comprehensive Handbook of Practical English Skills, Peking University Press
2007， Classic English Dramas of Distinguished Playwrights, China International Radio Press
2005，(ed.) College English Fast Reading Course Book, Peking University Press
2005, (ed.) ONLY International Kids English (Book I-IV), Shanghai Jiao Tong University Press
2002，(ed.) College English Course Book, Peking University Press
