17. PERFORMANCE BOND, WARRANTY BOND AND REFUND BOND **（**履约保证金、质量保证金和预付款保证金）
17.1 Performance Bond（履约保函）
In order to assure the Buyer that the Seller’s obligations under the Contract shall be performed and fulfilled, the Seller shall establish a Performance Bond in the amount of ten percent (10%) of the Contract Price, which shall be maintained from the Effective Date of the Contract to the date plus two (2) months from the last delivery date of the Equipment in the form of an absolute and unconditional bank guarantee to be issued by a first-class bank or any other type of guarantee acceptable to the Buyer and in favor of the Buyer and to be advised to the Buyer as specified in Article 30 hereof through a prime bank or to be directly mailed to the Buyer. The Performance Bond shall be payable on demand and unconditionally at the Buyer’s request for payment which comprises an invoice and the Buyer’s simple statement that the Seller has failed to comply with any term and condition set forth in the Contract. The Buyer shall be entitled to withdraw corresponding amounts out of the Performance Bond in the event that the Seller defaults on its obligations under the Contract.
16. WARRANTIES**（**保证）
16.1 The Seller shall warrant that all the Equipment supplied by the Seller shall, except for normal wear and tear, be new and free from defects, be of first class workmanship and materials and show no defects due to faulty design, materials or workmanship under normal operating conditions.
卖方应保证，除正常磨损外，由卖方提供的所有设备均应为全新而无缺陷的，是以第一流的工艺和材料制造的，在正常使用情况下不会因错误的设计或不良的材料或工艺而引起损坏。
15. LIQUIDATED DAMAGES**（**损失的清算）
15.1 Liquidated Damages for Delayed Delivery（延迟交货的违约赔偿金）
In case there is a delay in the delivery of the Equipment beyond the date of delivery specified in the Contract due to reasons attributable to the Seller, the Buyer is entitled to claim liquidated damages per day of delay in an amount equivalent to one tenth of one percent (0.1%) of the contract amount including V.A.T. of the Unit of Supply to which the delayed Equipment Such liquidated damages shall not exceed five percent (5%) of the contract amount including V.A.T.
4. CONTRACT PRICE AND PAYMENT TERMS**（**合同价格与付款条件）
4.1 The Contract Price is made on a fixed price basis and consists of the prices for all the supplies and services in the Article 3.1 hereof. However, the Contract Price is subject to any valid adjustments made through the application of the relevant provisions in the Contract.
3. SCOPE OF CONTRACT**（**合同范围）
3.1 The Seller shall provide the following supplies and services under the terms and conditions of the Contract as more fully set out in the Contract Specifications:
卖方应根据合同条款提供下列供货和服务，详见技术合同：
2. EFFECTIVE DATE OF CONTRACT**（**合同生效日期）
2.1 The Contract shall become fully effective and binding upon both parties hereto on the date on which all of the following conditions have occurred and been fulfilled:
满足下列条件后，该合同生效并对合同双方产生约束：
1. DEFINITIONS**（**定 义）
In the Contract (as defined below) the words and expressions defined below shall have the meanings assigned to them, except where the context requires otherwise: (in alphabetic order)
在合同（具体如下文）中，对于本条所定义的词语和表述，其意义均应以定义为准，但上下文语境有特殊要求的除外。（按字母排序）
GENERAL TERMS AND CONDITIONS
FOR
CONTRACT (I)
合同一般条款（I）
March, 2005
2005年3月
Procurement Department
XX Co., Ltd.
采购部
XX设备工程服务有限公司
CONTRACT（合 同）
This Contract made and entered into this (DATE) day of (MONTH), 2005 by and between XX Co., Ltd., a corporation duly organized and existing under the laws of the People’s Republic of China, with its principal office at Sanxing Riverside Development Zone, Zhangjiagang City, Jiangsu Province, the People’s Republic of China (hereinafter referred to as the “Buyer”) and (COMPANY NAME), a corporation duly organized and existing under the laws of the People’s Republic of China, with its principal office at, (COMPANY ADDRESS), the People’s Republic of China (hereinafter referred to as the “Seller”).
案由：离婚纠纷
开庭时间：2009年5月22日星期五下午3：00
开庭地点：XX学院北区模拟法庭
听庭学生姓名：张某
案情简介：原告杨泳仪与被告何彦杰于1996年结婚，婚后于2002年生育一女何婷婷，因双方感情不和，原告于2009年4月22日向太平市龙田区人民法院提起离婚诉讼。