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Beijing and Shanghai Chinese Translation Service in The field of Ordering side’s liability for breach of contracts


Clause 9: Ordering side’s liability for breach of contracts
1. If the ordering side want to change the quantity, specification, quality or design of the customized goods, they should notify Party A for 15 working days in advance.
2. If the ordering side want to abolish the contract in the midway, they should pay the undertaker 80% of the total value of unfinished parts as default payment (because the raw materials are supplied by the undertaker).
3. If the ordering side did not supply drawings and technical data to the undertaker according to the contract, the undertaker have the right to terminate the contract. If the undertaker do not terminate the contract, besides the delivery date can be postponed, the ordering side must pay the losses caused by it to the undertaker。
4. The ordering side should pay the goods payment on schedule. If they refuse to receive the customized goods without any reason, they should compensate for all the losses of the undertaker. In that case, the undertaker have the right to stop supplying goods, and the ordering side should pay for 3‰ of the total unpaid price for every overdue day as default payment.

Clause 10: Accidents beyond control
In the regulated period of the contract, if the customized goods or raw materials are damaged by beyond control accidents, the undertaker’s liability for breach of contracts can be exempted after they obtain legal proof. However, the undertaker should adopt measures to reduce the losses. If the accidents happened beyond the regulated period of the contract, the undertaker’s liability for breach of contracts can not be exempted. If it happened during the delayed receiving or refused receiving (without any reason) period by the ordering side, the ordering side should be responsible for that and compensate the undertaker for their losses.

Beijing   Mandarin Chinese Translation Service Company has translated many technical documents in the field of Ordering sides liability for breach of contracts.
华译网
北京翻译公司翻译过大量有关定做方违约责任文件资料。

第九条:定做方违约责任
一、 中途变更定做物的数量、规格、质量或设计等,应当提前15个工作日通知甲方。
二、 中途废止合同,偿付承揽方的未履行部分价款总值的80%的赔偿金(因原材料是由承揽方提供)。
三、 未按合同要求向承揽方支付图纸和技术资料,承揽方有权解除合同,承揽方不要求解除合同的,除交付定做物日期得以顺延外,定做方应偿付承揽方仃工损失。
四、 定做方示按期支付货款,无故拒绝接收定做物应赔偿承揽方因此造成的一切损失。承揽方除有权停止供货外,每逾期一天按酬金总的千分之三支付违约金。

第十条:不可抗力
在合同规定的期限内,由于不可抗力致使定作物或者原料毁损,灭失的承揽方在取得合法证明后,可以免除承担违约责任,但应当采取积极措施,尽量减少损失,如在合同规定履行期外发生的,不得免除责任,在定做方迟延接收或者无故拒收期间发生的,定做方应承担责任,并赔偿承揽方由此造成的损失。