By purchasing the NNN Model Agreement, you receive a revocable, non-exclusive, limited license to use the NNN Agreement for your personal or business use. This does not grant you any license to provide or sell the document to any third party. We ask that you comply with this restriction as it allows us to finance the cost of providing current and enforceable contracts to other contractors and businesses. This NNN Agreement is written in English and Chinese, is governed by Chinese law and is enforceable in Chinese courts. An NNN agreement is a document to be interpreted and applied in the People`s Republic of China. This means that regardless of the country in which your company is based, you can use this NNN agreement to protect your idea in China. The only way to ensure an accurate translation is to check for inconsistencies point by point, clause by clause. Ideally, a translation is done by a lawyer (either in your office or by a contract lawyer, abroad or locally) who can provide legal advice on the correct language for the translation. In situations where this is not possible, translation companies with experience in preparing legal documents and explaining the effects on word choice should be used so that the lawyer who does not speak the foreign language is able to make decisions regarding the choice of words. If the lawyer does not have the ability to speak a foreign language and the client does not wish to appoint additional legal counsel to confirm the translation, the client must be warned of the potential for incorrect translation and the impact on the terms of the contract. When you purchase this NNN agreement, you will receive a license to reuse the document for your own business purposes as often as you wish.
If you want to reuse the document for multiple products or manufacturers, feel free to do so. Your customer may tell you, “I can`t read a Chinese contract. What should I do with it? I won`t know what to do. It may be quick, cheap and easy when we have a conflict in China, but it certainly doesn`t seem to me to be the case at the moment. The simple solution is to provide your client with a translation for their own use and a daily reference. Is it the same as the recommendation to include a clause in the contract that says that the Chinese version of the contract is official and that the English translation applies unless there is a conflict? No. The English translation is for reference only – it does not even need to be provided to the other party and does not need to be signed by them. The mere copy of a contract means that there is only one language negotiation, one sentence negotiation and one version of the contract that could be challenged. Thank you team, the ODM contract was signed without any problem, will be back! The first thing the parties should consider when dealing with foreign parties is whether the final contract should be in English, in the foreign language, or both. If the contract is written in more than one language, which one is official? What control in case of conflict? The answer “Why, English of course!” may be tempting, but it`s not always true. Complex policy considerations that influence the choice of the contractual language of a prudent lawyer in a cross-border contract include the examination of probable claims that may arise, the likely place of jurisdiction for dispute resolution, and the recoverability and enforceability of all judgments obtained.
Our documents are written in Chinese and English by certified lawyers. The parties and their lawyers must consider the time and resources (yes, including attorneys` fees) spent drafting contracts. No lawyer would dream of telling a client that the exact language used in a contract “doesn`t matter.” However, since the translations offered in multilingual contracts are not reviewed, this is exactly what lawyers do. The parties often pursue each other over the meaning of a single word in a contract. Contractual disputes are invoked when there is a clear conflict between two words, phrases or paragraphs of a contract. The lack of precision in a translation causes problems when there is no need. To this end, all of our contract templates are designed by an international team, including our Chinese legal team based in Guangzhou, China. Our clients and clients have achieved excellent results in protecting their intellectual property with these binding models. This NNN agreement was prepared by a team of Chinese and international lawyers and has been in use for more than five years. It is written in double English/Chinese translation and is constantly refined and updated based on customer feedback and changes in the Chinese legal system. We are very confident in the applicability of this treaty in China. Think about the time it usually takes to draft and negotiate a commercial contract in English for your client – and the extent to which the parties can discuss the inclusion or exclusion of a single word or sentence.
In the event that two languages are used and signed by a client, negotiations and issues should extend to both contract formats. If the parties sign a contract and it is considered part of their agreement, they must be aware of its implications; their ignorance of the foreign language will not be an excuse. All our contracts are written in Mandarin Chinese with a useful double English translation. Why is this necessary? The contract law of most nations follows the well-known principle that there must be a meeting of minds in order to establish a binding treaty. If it does not exist, there is no contract. Each foreign nation has different rules of proof of what is admissible as evidence if it is proved what the parties understood they received in favor of the arrangement. .