译文: 卖方必须将下列单据提交银行议付或托收
From above we can see, in order to ensure the accuracy of the translation, we must be familiar with the background and remember these special words and their usage. In order to grasp and apply them to the actual translation and apply them to the special circumstances, and to translate accurately and avoid misunderstand, we’d better start with a large number of the contracts defines and the terms of the contracts, the meaning should be defined and fully explained in order to avoid disagreement. 3.1.2 Number Accuracy
Words related to the terms of the contracts payment provisions of the most important, which is the party most concerned, to eliminate loopholes in the contracts amount for the English translation must be both sensitive and must not be omtted. For example, 译文:合同总价为叁佰贰拾万美元 A The total cont value is $3.200.000 B The total cont value is US$3.200.000
On the surance, Translation A is correct, and it is also frequent in textbook, however, as an officially contract, Translation A was not accurate enough, even exists serious vulnerability because in our daily life $ is usually means US$, but it may represent HK$, Can $, so the translation B is more rigorous and accurate.
In terms of the contract value of translation, we must pay special attention to the numbers and the currency, while, we also need to check it if there are mistakes or vulnerabilities to avoid future trouble. 3.2 Translation Profession
Business contract is complex, because it’s highly requirement, and in addition to the above professional vocabulary, terms, etc. The most important professional is its legal characteristics; It must stay in the law in the category of execution. Even if a contract the literal translation no problem, but it conflicts laws, even if the translation is accurate or even perfect, the translation is failure. That is only a white paper cannot play any role, so a professional international trade workers understand the relevant laws and regulations about contracts is necessary, also is a must. It will involve a lot of professional term in the contract the world in the contract have the meaning of a single, clear, cannot be understood
as ordinary, common meaning. For example, collection , confirm , acceptance , tolerance , more or less .Translation: “ 收集”, “ 确认”, “ 接受”,“ 承受”, “ 大约”, But these words can be used as a term in the contract, its meaning is respectively. “ 托收”,“保兑”(confirmed L/ C) , “ 承兑”(Documents against Acceptance) , “ 公差”及“ 溢短装”等。
The Seller shall present the following documents required for negotiation/ collection to the banks. This sentence is the frequently used one in payment terms. Negotiation and collection in the sentence are technical terms. If these words are understood as “谈判”and “收取” instead of “议付”和“托收”. The translation will be ambiguous and puzzling. Partial shipment is allowed. The sentence can be translated as “卖方...托收”. “ Partial shipment is allowed” is the regulation for the shipment in the contracts. If it is translated as “部分装运”,whose item will be understood. The party will think that only part of the goods are shipped. The correct translation should be “允许分批装运”, That is, the seller can send the goods in lots. The others terms such as telegraphic transfer(电汇) , usance L/ C(远期信用证), force majeure (不可抗力) 及sales by sample (凭样品销售) should be translated properly. If one can’t know about the technical knowledge, even if looking up them in the dictionary, it is difficult to master the exact meaning. One should understand the special meaning of the organization names, shouldn’t confuse one thing with another. For example, consignor,
consignee, shipper, carrier frequently used in the shipment terms and B/L, and is easily. 3.3 Translation Normalization
Cross-cultural awareness refers to the business affairs people of cultural differences of understanding and appropriate response of a kind of business enterprise operation of each link, such as international marketing, human resources management, incentive mechanism needs higher cross-cultural consciousness, it is international trade engaged in international trade personnel must have the basic consciousness. In addition to master the language knowledge and skills outside, still should understand language reflect the foreign culture, so as to be able to cross cultural barriers, proper effective with foreigner exchange information and the thoughts and feelings
Deeply understanding the national cultural, intercultural knowledge study, of utmost creates foreign language culture atmosphere, conducting various activities, which have
adequate opportunity to better understand cultural differences, establishing and improving intercultural communication sensitive and consciousness. 3.3.1 Language Normalization
Language code is mainly manifested in the forms of words. Accurate, grammatically correct, Well-written, native language, in clear and concise expression can result up to understand. Being faithful to the original should be is the first standard of contract translation. In terms of translation method, literal translation should be advocated to the literal translation, as far as possible to keep the original structure and language. Because of the emphasis on plain of avoid once by all means any change or casual style for explain discourse structure, and play. Otherwise it is easy to cause ambiguity, ultimately affect on the translation of the terms of the contract dispute. For example,
The engineer shall be at liberty to object to and require the contractor to remover from the work any person employed by the contractors in or about the execution or maintenance of the works who,in the opinion of the engineer,misconducts himself,or is incompetent or negligent in the proper performance of his duties, or whose employment is otherwise considered by the engineer to be undesirable and such person shall not be again employed upon the works without the written permission of the engineer.
译文: 工程师有权要求承包商立即解雇用来执行合同的人员,这些人员在工程师看来未履行职责或不称职。被解雇的人员未经工程师的书面同意,不得再被雇用。The translation clear diction is not accurate. 3.3.2 Style Normalization
Style is mainly manifested in the standardization of business contract English has unique practical style. Translation should conform to the needs, according to a certain degree of its contends, forms and style directly corresponds to the original style, tight fit, do it well, right. In writing the characteristics of concise strict, serious and grave. Translation in term of the use of works and statements can be appropriately using more formal, conforming to the stylistic vocabulary tends to strengthen law style. For example,
Neither of the parities hereto (to the contract) shall at any time during the continuance hereof (of this contract) deal with any of the shares of the Joint Venture Company owned by the said party whether by sale, pledge or otherwise in any manner inconsistent with the coming
out of its obligations here under (under this contract), In this paragraph “hereto” means “与?的关”,which can be translated into “签约或合同双方”.“hereof” is mostly used in contracts and agreements, often translated into “在?中” or “本?的”, “hereunder” can be translated into “下述”或“以下”. By using these ancient prepositional words, the repetition of words can be avoided, which makes it more formal, more polite, and more appropriate with grave and serious style. In the application of technical terms, “offer” means “提供”“主动”etc in ordinary English, but means “发盘” in business English and “要约” in contracts. The correspondent “offer” should be translated into “要约人”,and “offeree” and “counter offer” into “受要约人” and “反要约”. Obviously the correct use of terms, should be emphasized in styles of writing.
Proper business contract itself has also reflected in the law. In order to “get” the “body” of this unique style, should choose the idioms to conform to the legal norms, or you will lose the tangibility of the original, which affects the full text. For example,
(1)Know All By These Presents:1)本人确认(法律用语);2)通过这些文件,告知所有的人。其中1)译文比2)规范。
(2)When the failure of the either party to fulfill its contractual in time brings about loss to the other on account of causes other than force majeure, the defaulter shall be datable to pay the penalty.
凡因人力不可以外的原因,一方未能按时履约,而招致对方损失时,未能按时履约方应付罚金。原文中“shall”在此不是表示“将来时”,而是表示法律用语的语言形式,一般译为“应该”或“应”;如果译为“将”则失去原文的风格和特征,也就更说不上“得”原文之“体”了。
Business contract with stylized prose language and structure of the layout of the form, also is the defining feature of its discourse structure. Translation form of some commonly used in the program for Chinese to paraphrase or classical Chinese sentence, or in order to highlight the standardization of chapters, rigorous and precise. For example,
This contract is made by and between the buyer and seller; whereby the buyer agree to buy and the seller agree to sell the under mentioned commodity according to the terms and conditions stipulated below:
兹经买卖双方同意,由买方购进卖方出售下列货物,并按下列条款从严签订本合约。
The L/G shall become valid from the issuing date and shall become null and void after the seller has completed the delivery of the commodities under the contract.
本担保函自开立之日起生效,并将在卖方按合同完成送货之日自动失效。 3.3.3 Profession Normalization
Professional normalization is symbolized in the proper terms and its special forms. The profession of contracts in clues law, economic trade, engineering, financial tax, insurance, storage, shipment, custom, commodity inspection etc. It should be translated on the basis of fall understanding, careful, analysis and accordance with the language habit.
The leader partner submits a copy of the short term cash flow which covers the period from September 1997 to February 1998. Mr. Marchesini highlights the main items of the cash flow, which are the payment for TBMS and plants, purchase of fixed assets and the advance payment to subcontractors for the expenditures.
To translate these words, the key is to master some financial technical terms, such as, cash flow(资金流动、现金流量、现金流转),endowment finch(留本基金、捐赠基金),advance payment (预付款),receipt (收款、收据、收入),down payment (分期付款的定金、第一期付款、租购交易的定金),fixed asset (固定资产),expenditure (支出、费用、支出额、消费额). If the technical terms cannot be understood, the translation will not proper. The exact translation should be,“责任方递交了一份从1997 年9 月到时候1998 年2 月的短期现金流量表。马切西尼先生强调指出:主要的现金流就收入款项而言有集资款和预付款,就支出款项而言有TBM(隧洞掘进机)设备定金、固定资产购置费和分包商预付款。”
The international economic activities are frequent, whose content is extensive, and includes different crossed subjects. The understanding of the words must cover the fields and forms. The translators should be sensitive and eloquent, dealing with the translation carefully. Otherwise, it will lead to the different explanation, curing the unfulfillment of the contracts.
Translation:In case of losses caused by a breach of contract,the financial responsibility shall be borne by the party who has breached the contract.
“经济责任”mainly refers to the violation responsibility which the party violates the contracts. Its translation form includes “赔偿损失”、“支付违约金”、“支付迟延支付