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4、如何使合同条款更加严谨?

How to tighten your clauses? 

5、仲裁与诉讼的比较

Advantages to arbitration 仲裁的优势

（1)、It is less expensive and faster than a court trial

（2）、The parties tend to have more control over the choice of the

decision makers

（3）、Many of the rules governing procedures and admission of evidence are relaxed in arbitration proceedings

Disadvantages to arbitration 仲裁的不足

（1）、In many countries, arbitration is unavailable or is just being developed

（2)、The relatively low cost of arbitration when compared with trial proceedings does not mean that arbitration is cheap

（3）、The arbitration will resolve past differences, but often will not build a continuing relationship

Litigation to Advantages 诉讼的优势

（1）、In many countries , the court systems are well-developed and effective, you may just get a quick and fair trial

（2）、You may even be a awarded costs and attorney’s fees as the winning party

（3）、You may find that enforcement is fairly easy

Disadvantages to litigation 诉讼的不足

（1）、Litigation is more expensive and slower than arbitration

（2）、The parties tend to have less control over the choice of the decision maker

（3）、Many of the rules governing procedures and admission of evidence are strict in Litigation

6、买方的隐形成本

The Buyer’s Hidden Costs

I一、nternational shipping

1)Customs clearance→If the seller is not responsible for clearing goods through customs, you will be

2)Insurance→You should consider obtaining against the risk of loss of damage to the goods in transport, particularly if a substantial amount of money is involved

3)Interruption of business→You should consider whether you will have any interruption in your own business when the goods arrive, whether for training, installation. Testing, maintenance, or otherwise

4)Hospitality Cost→Whether you are buying goods or services, you may incur costs for entertaining a visiting seller

5)Third Party Expenses

6)Lost sales or production Delays→If satisfactory goods do not arrive or services are inadequate, you may lose your own sales or you may have to delay your own production

7)Temporary Facilities→If a shipment is late, you may have to retain an empty storage facility for the imminent but uncertain arrival of the goods

8)Replacement Goods or Services→A delay in performance may require you to pay for replacement goods for services

二、The Seller’s Hidden Costs 卖方的隐形成本

1)Product Adaptations→International markets may require modification of your goods of service to follow national laws or consumer cultural preferences

2)International Shipping→P18

3)Customs Clearance→Depending on the deal you are able to make, you may be responsible for clearing goods through customs in your own country and possibly through customs in the country of importation

4)Insurance→You should consider obtaining insurance against the risk of loss or damage to the goods in transport, at least until the goods are delivered to the buyer

5)Third-Party Expenses

6)Temporary Facilities

7)Mitigation Expenses→If a contract for the sale of goods fails completely, you will have to find a new buyer