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Apr17

China Automobile Rental Agreement

This China Automobile Rental Agreement is drafted by our China contract lawyer. You need to retain our China lawyer's service to revise the sample contract according to your specific circumstance.

AUTOMOBILE RENTAL AGREEMENT

This Agreement is made and entered in this _(1)_ day of ________(2)________, 19_(3)_, between _________(4)____________, of ________________(5)__________________, hereinafter called "Owner", and __________(6)__________, of ______________(7)________________, hereinafter called "Renter".  

Vehicle

The vehicle which the Owner hereby agrees to rent is: 

_____(8)_______    ________(9)_________    ______(10)______

____(11)_______    _______(12)_________    ______(13)______

Mileage at beginning of rental period: ____(14)____ 

The Owner represents that to the best of his knowledge and belief that said vehicle is in sound and safe condition and free of any known faults or defects which would affect its safe operation under normal use. 

Rental Period

The Owner agrees to rent the above-described vehicle to the Renter for a period of ____(15)_____ beginning at _(16)_M. on _______(17)________ and ending at _(16)_M. on _______(18)________.

The Renter agrees (a) that the rented vehicle shall not be used to carry passengers or property for hire; (b) that the rented vehicle shall not be used to carry passengers other than in the interior or cab of the vehicle; (c) that the rented vehicle shall not be used to carry passengers in excess of the capacity thereof; (d) not to use the vehicle to push, propel or two another vehicle, trailer or any other thing without the written permission of the owner; (e) not to use the vehicle for any race or competition; (f) not to use the vehicle for any illegal purpose; (g) not to operate the vehicle in a negligent manner; (h) not to permit the vehicle to be operated by any other person without the written permission of the owner; and (i) not to carry passengers, property or materials in excess of the rated weight carrying capacity of the vehicle. 

Insurance

The Renter hereby agrees that he shall fully indemnify the Owner for any and all loss of or damage to the vehicle or equipment during the term of this Agreement whether caused by collision, fire, flood, vandalism, theft or any other cause, except that which shall be determined to be caused by a fault or defect of the vehicle or equipment. 

Rental Rate

The Renter hereby agrees to pay the Owner at the rate of $___(19)___ per ____(20)____ for the use of said vehicle. All fuel used shall be paid for by the Renter. 

 
Apr15

China Buy-sale Agreement Provided by China Contract Lawyer

Our China contract lawyer drafted the sample buy-sell agreement according to China contract law. Please note that this contract for sale is not to be copies without our permission. Please contact our China lawyer for any China sales agreement you need.

BUY-SELL AGREEMENT

AGREEMENT, made this _(1)_ day of _____(2)_____, 19_(3)_, by and between _______(4)________, ____(5)_______, _____(6)______, hereinafter separately referred to as "Stockholder", and jointly as "Stockholders", and ________(7)_________, a _____(8)______
corporation, hereinafter referred to as the "Corporation", 

W I T N E S S E T H :

WHEREAS, the Stockholders together own 100% of the outstanding shares of capital stock of the Corporation, and 

WHEREAS, as used herein, the term "shares" shall mean all shares of common stock, at $__(9)___ par value, of the Corporation now owned or hereafter acquired by the parties, and 

WHEREAS, the Stockholders are actively engaged in the conduct of the business of the Corporation, and it is contemplated that success or failure of the corporate enterprise will at all times depend in large measure on the personal abilities of the Stockholders, and 

WHEREAS, there is not now, nor is there likely in the future to be a substantial market for the shares of the Corporation, and

WHEREAS, for the foregoing reasons, the parties desire to provide for the purchase by another Stockholder or by the Corporation of the stock of any party desiring to sell the same;
and for the purchase by the Corporation of the stock of a deceased party. 

IT IS THEREFORE AGREED, in consideration of the mutual promises and covenants hereinafter set forth, as follows: 

1. Restriction During Life. No stockholder shall transfer or encumber any of his shares of capital stock of the Corporation during his lifetime to any person, firm or corporation, without the
consent of the Corporation and the other Stockholder, unless the Stockholder desiring to make the transfer or encumber (hereinafter referred to also as the "Transferor") shall have first made the offer hereinafter described and such offer shall not have been accepted. 

A.   Offer by the Transferor: The offer shall be given pro rata initially to the other Stockholder(s) and shall consist of an offer to sell or encumber all of the shares of the capital stock of the Corporation owned by the Transferor, to which shall be attached a statement of intention to transfer, the name and address of such prospective transferee, the number of shares of capital stock involved, and the terms of such transfer or encumbrance. 

B.   Acceptance of Offer: Within thirty (30) days after the receipt of such offer the other Stockholder(s) may, at their option, elect to accept the offer. If such offer is not accepted by the other Stockholder(s), the Corporation may within thirty (30) days after the rejection of such offer, at its option, elect to accept the offer. The Corporation shall exercise its election to purchase by giving notice thereof to the Transferor and to the other Stockholder(s). The other Stockholder(s) shall exercise the election to purchase by giving notice thereof to the Transferor and to the Corporation. In either event, the notice shall specify a date for the closing of the transaction, which shall not be more than thirty (30) days after the date of the giving of such notice.

 
Apr15

Business Consultant Agreement

Our China contract lawyer drafted this business consultant agreement according to China contract law. Please contact our China lawyer for more China sample contract or China sample agreement.

Business Consultant Agreement

This agreement dated __________(1)___________, is made By and Between ________(2)____________, whose address is ____________(3)______________, referred to as "Company", AND ____________(4)_________, whose address is ________(5)__________,
referred to as "Consultant." 

1. Consultation Services. The company hereby employs the consultant to perform the following services in accordance with the terms and conditions set forth in this agreement:  The consultant will consult with the officers and employees of the company concerning matters relating to the management and organization of the company, their financial policies, the terms and conditions of employment, and generally any matter arising out of the business affairs of the company. 

2. Terms of Agreement. This agreement will begin __________(6)___________ and will end _________(7)__________.  Either party may cancel this agreement on thirty (30) days notice to the other party in writing, by certified mail or personal delivery. 

3. Time Devoted by Consultant. It is anticipated the consultant will spend approximately ___(8)___ in fulfilling its obligations under this contract. The particular amount of time may vary from day to day or week to week. However, the consultant shall devote a minimum of ___(9)___ per month to its duties in accordance with this agreement. 

4. Place Where Services Will Be Rendered. The consultant will perform most services in accordance with this contract at ___________(10)_________. In addition the consultant will perform services on the telephone and at such other places as designated by the company to perform these services in accordance with this agreement. 

5. Payment to Consultant. The consultant will be paid at the rate of $___(11)_____ per ____(12)____ for work performed in accordance with this agreement. However, the consultant will be paid at least $___(13)___ per month regardless of the amount of time spent in accordance with this agreement. The consultant will submit an itemized statement setting forth the time spent and services rendered, and the company will pay the consultant the amounts due as indicated by statements submitted by the consultant within ten (10) days of receipt. 

6. Independent Contractor. Both the company and the consultant agree that the consultant will act as an independent contractor in the performance of its duties under this contract. Accordingly, the consultant shall be responsible for payment of all taxes including
Federal, State and local taxes arising out of the consultant's activities in accordance with this contract, including by way of illustration but not limitation, Federal and State income tax, Social Security tax, Unemployment Insurance taxes, and any other taxes or business license fee as required. 

7. Confidential Information. The consultant agrees that any information received by the consultant during any furtherance of the consultant's obligations in accordance with this contract, which concerns the personal, financial or other affairs of the company will be treated by the consultant in full confidence and will not be revealed to any other persons, firms or organizations.

8. Employment of Others. The company may from time to time request that the consultant arrange for the services of others. All costs to the consultant for those services will be paid by the company but in no event shall the consultant employ others without the prior authorization of the company. 

9. Signatures. Both the company and the consultant agree to the above contract. 
Witnessed by: 

COMPANY 

___________(14)_________________ ___________(15)_______________ 

By: 

___________(14)_________________ ___________(16)_______________ 
CONSULTANT


NOTICE

The information in this document is designed to provide an outline that you can follow when formulating business or personal plans.  Due to the variances of many local, city, county and state laws, we recommend that you seek professional legal counseling before entering into any contract or agreement.out the prior authorization of the company.

 
Apr15

China Contract Lawyer provide: Real Estate Broker Agreement

This Real Property Broker for Lease is drafted by our China lawyer. Readers are not allowed to copy without permission. You are welcome to contact our China contract lawyer for any China agreement sample.

CONTRACT EMPLOYING REAL ESTATE BROKER FOR LEASE OF PROPERTY

This agreement dated __________(1)___________, is made By and Between ________(2)__________, whose address is __________(3)__________, referred to as "Owner", AND ____________(4)_________, whose address is ________(5)__________, referred to as "Broker." 

1. Property. Owner is the owner of the following real estate:

2. Employment of Broker. Owner gives the Broker the sole right to rent space in the above property to prospective tenants. 

3. Commission. Owner agrees to pay the Broker a commission of __(6)__ DOLLARS ($_________) for services in obtaining the tenants and in negotiating and closing each lease.  Owner reserves the right to reject any such lease and will not be responsible for any commission unless and until Owner accepts the lease and receive payment therefore. A commission of __(7)__ DOLLARS ($_________) will be payable for renewals of leases originally obtained by the Broker.  All commissions will be paid out of rents received. 

4. Sole Agency. I agree to refer all inquiries from prospective tenants or their agents to the Broker. The Broker agrees to use his or her best efforts to lease the property to such prospects.

5. Other Brokers. The Broker agrees to obtain the assistance of other brokers, as required, and to pay same out of the aforesaid commissions provided for in this agreement. In no event shall Owner be liable for additional commissions due to the efforts of any other broker. 

6. Advertisement. The Broker and all other brokers as noted above shall be entitled to advertise the rental of this property and take all necessary steps in accordance with this agreement. 

7. Signs. The Broker will provide suitable sign or signs to be placed on the property, subject to my approval. 

8. Term of Agreement. This agreement shall remain effective until ________(8)__________, unless terminated prior thereto. 

9. Termination. Either party may terminate this contract on twenty (20) days notice. Such termination shall not limit the Brokers right to commissions resulting from pending negotiations
and pending leases. However, no commissions shall be paid from rents received three (3) months after the termination of this agreement. 

10. Signatures. Both the Broker and Owner agree to the above:

Witnessed by: 
___________(9)________________     ____________(10)______________
"OWNER" 

___________(9)________________     ___________(11)______________
"BROKER"


NOTICE

The information in this document is designed to provide an outline that you can follow when formulating business or personal plans.  Due to the variances of many local, city, county and state laws, we recommend that you seek professional legal counseling before entering into any contract or agreement.the above:

Witnessed by: 
___________(9)________________     ____________(10)_____________

 
Apr14

China Owner And Contractor Agreement

This contractor agreement is prepared by our China lawyer. Please do not copy the sample contractor without permission. If you have any questions regarding China contract law or you want our China contract lawyer to draft an agreement for you, please feel free to contact us.

AGREEMENT BETWEEN OWNER AND CONTRACTOR

This agreement is hereby made and entered into this _(1)_ day of _______(2)_______, 19_(3)_, by and between ________(4)________, of ________(5)________, hereafter called Owner, and _________(6)__________, of _________(7)___________, hereafter called Contractor. 

The said parties, for the considerations hereinafter mentioned, hereby agree to the following:

1. The Contractor agrees to provide all of the material and labor required to perform the following work for:  

(Describe work to be Performed)

as shown by the drawing(s) and described in the specifications prepared by ________(8)______________ and provided by the Owner, which are identified by the signatures of the parties to this agreement and which form a part of this agreement. 

2. The Owner hereby agrees to pay the Contractor, for the aforesaid materials and labor, the sum of $_________(9)___________, in the following manner: 

(Describe Method and Timing of Payment)

3. The Contractor agrees that the various portions of the above-described work shall be completed on or before the following dates: 

(Insert Dates)

and the entire above-described work shall be completed no later than the _(10)_ day of ______(11)________, 19_(12)_. 

 
Apr13

China Business Lawyer, China Commercial Lawyer

We are a full-service china law firm. Our China business lawyer is ready to assist businesses, organizations, individuals and families with any legal matter. Our commercial lawyers are committed to personal service and reasonable fees. Our team brings decades of experience to every case we handle. Through hard work, we have built a reputation for excellence that is known throughout China. We are dedicated to maintaining that reputation by standing beside you and striving to get you the results you need.

To speak with one of our experienced business law, civil litigation, employment, construction or criminal law attorneys, email us.
The law office is available to represent individuals and businesses throughout China.

We pride ourselves on the service we provide to our clients. Our lawyers are committed to being available when you need us. We truly take the time to learn about the goals of the businesses and individuals we work with. This way, our clients are assured that the legal strategy we develop is in line with their needs.

Whether we are representing a company, a business, an organization, or an individual, our goal is the same: your success. We know the steps to follow in order to achieve that goal and we are willing to take them. At the law firm, our attorneys are committed to personal service, affordable fees and results you can count on.

We encourage you to contact us to speak with an experienced business law, civil litigation or criminal law.

 
Apr13

English Training Center Startup In China

I received many inquiries like"my friend and i would like to open an English training center in Shenzhen, Luohu district. we need the help of an attorney to help us go down the right path and also let us know what we can and cannot do due to laws etc." As a China business lawyer, I have helped a lot of English training or teaching institutions to set up their business in China. I will explain in detail regarding the steps and requirements.

1. You need to have a name for the training center.

2. The size of training center in Shenzhen is required to be more than 300m2. There are also requirement regarding the site of the center. It needs to be a safe place.

3. You need at least five qualified teachers.

4. Initial capital shall be at least US$16,500. These are basic requirements.The money should be deposit into bank account and audited by a qualified public accountant.

5. The time frame is usually 2 months or more.

6. You need to go to the educational authority to get forms.

Different cities have different policies. We recommend you to consult our China business startup lawyers before you take action.

 
Apr12

Agreement for Sound Contracting Used in China

This Agreement for Sound Contracting is prepared by our China lawyer. You are not allowed to copy without permission. Please contact our China contract lawyer for more information.

 

AGREEMENT FOR SOUND CONTRACTING

Agreement made this ___ day of ____________, 199__, by and between ______(Sound Company)_____ , (hereinafter referred to as the "Contractor") and _________________ , (hereinafter referred to as the "Buyer") for the purpose of contracting sound reinforcement between the undersigned parties.

1. Contractor hereby agrees to provide all the sound and lighting equipment specified in Exhibit "A", attached hereto and made a part of this Agreement. Contractor warrants that the equipment listed in Exhibit "A" is in good working order and equal to the manufacturer's operating specifications.

2. The Contractor shall have the equipment provided for in Exhibit "A" set up and ready to operated at:

Street: _______________________________________

Phone: _________________

by _______ am/pm ______________,br>

3. Load-in may commence at: ____ am/pm ____________, 199___.

4. Soundcheck may commence at: __ am\pm _________, 199___

5. Showtime is: _____ am/pm _____________, 199___.

6. The Contractor shall operate and leave the equipment set up until: _____ am/pm _____________, 199___ after which the Contractor shall remove all equipment and personnel from the venue by ______ am/pm, ________, 199___.

7. Buyer shall pay to Contractor the amount of $ ______ upon the execution of this agreement as a non-refundable deposit for Contractor's services. At the completion of soundcheck, with Contractor's equipment in place and tested, Buyer shall pay to Contractor, in U.S. currency or certified cashier's check the balance of $ _________.

 
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I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.