To use and customize this contract template, simply use “Copy and paste” the text of this article in your word processing program. You can also download our free PDF model here: Template chinese contract – PDF format. The supplier may, subject to a separate written agreement in all cases, provide the additional services reasonably necessary to the customer to use the results after termination under the terms of this service agreement. All disputes arising from this agreement must be resolved by consultation and reconciliation between the parties and, if attempts at an amicable solution are exhausted, the dispute will ultimately be settled by Chinese arbitration within the International Commission for Economic and Commercial Arbitration (CIETAC) for an arbitration procedure in Shanghai, in accordance with the arbitration rules in force at the time. The arbitral award of such arbitration is final and enforceable in any competent jurisdiction, the parties intend to exclude in all arbitration proceedings that arise under the right of appeal. This arbitration agreement does not interfere with a party`s right to seek fair remedies or other fair remedies that are edough and/or that result in arbitration proceedings. An application for omission made by a party to a court does not classify the obligation of conciliation. This is one of the reasons (among many) why, if someone requires us to sell them a standard contract, our ALWAYS answer is the same: Don`t go and do it. Not at any price. Too risky for you and for us. See China`s contract model for 99 $chacun. – – Tel: – Email: including but not limited to market research, competitor intelligence, customer survey (“Supplier”) services The following offers aim to define the scope of services for their development in mainland China. It contains, but is not limited to, technical business development services, for the purpose and interest of them.
This service agreement is concluded in the form of an independent agreement. This service agreement does not affect the terms and conditions of other agreements between the supplier and the customer. This service agreement, and its annexes, contains the entire agreement between the parties regarding the purpose of this agreement and replaces all agreements, proposals and prior representations between the parties, whether written or oral. The other 15% of the time, we really find funky things. We often find that there is no XYZ Mainland Chinese Company, and in this situation we tell our client that he has to go back to the so-called xyZ Mainland Chinese Company and ask him why it does not exist. Their usual answer is that their company is actually XYZ Hong Kong Company or XYZ Taiwan Company. This difference can make the entire transaction illegal for the simple reason that transactions in China can be illegal without a Chinese company itself. See Doing Business in China Without a WFOE: Will the Defendant Please Rise.
This difference can also mean that you do not have contractual protection against what HK or Taiwan or any business could do. See z.B. Hong Kong: We are no longer in mainland China. No other conditions or provisions apply to the provision of services under this service agreement that is included in the Customer`s order, acceptance or correspondence or is returned. 3. The foreign individual or company can probably violate your contract without any legal effect, at least in China. For example, if that person or company steals your IP, are you really going to sue in China on the basis of a clearly illegal contract? This service contract is valid until the project is completed. One of the most important things that our Chinese lawyers do with every contract we write is to determine who exactly is on the other side.