时间：2022-11-11 15:44:08来源：法律常识
国际合同中常见的违约金条款
BREACH PENALTY CLAUSE
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交易双方应根据公平合理的原则，实事求是地约定一个合理的违约金数额，防止估计过高或过低情况发生。因为，估计过高，无异于加重对违约方的惩罚;估计过低，则不仅对当事人不能有效地起到约束作用，甚至可能出现对违约所造成的实际损失也难以弥补。为便于执行有关违约金的约定，其条款内容不能含糊或笼统，以免引起争议，条款有的明确具体、易于执行。
承包方应当为这种违约向发包方支付按每天 %的比例计算的损失
contractor shall pay to the employer at the rate of per day liquidated damages for such default
借款人未按本合同规定期限履行还款义务的，应每日支付应付而未付金额万分之一的逾期利息，直至借款人偿还全部贷款本金、逾期利息及其他款项之日为止。
In the event that the Borrower fails to perform the repayment obligations set forth in this Agreement, the Borrower shall pay an overdue interest of 0.01% per day for the outstanding payment, until the day the Borrower repays the full principal of the Loan, overdue interests and other payable amounts.
每延期一日，应向出让人支付相当于国有建设用地使用权出让价款总额____‰的违约金should pay the penalty, for each delay day, which is equal to the _____‰ of the total price of State-owned construction land transfer
乙方不按合同规定购买补偿商品或甲方不按合同规定提供商品时，均应按合同条款承担违约责任，赔偿由此造成的经济损失，并向对方支付该项货款总值的____%的罚款。
Party B shall, if it fails to comply with this agreement to make purchase of the goods delivered by Party A as reimbursement, or Party A shall, if it fails to comply with this agreement to deliver the goods it is due to provide, be deemed liable for a breach of agreement and shall compensate the non-breaching Party for the loss caused thereupon and shall pay the non-breaching Party a fine accounting for % of the total value of the goods in question.
甲方不能拖欠乙方所有费用，如果违约，需向乙方支付违约金（总合同金额）0.1%/天。
Party A cannot default payment due to Party B, if breach of payment clause herein, should pay the penalty to the Party B at rate of 0.1%/Day on base of total contract amount.
买方未按合同规定日期付款，每延期一天，应偿付卖方以延期付款总额 ＿％的罚金。
In case that Buyer delays in paying the payment according to this Contract, Buyer shall pay to Seller penalty for each delay day, which is equal to ＿％ of total amount.
如果卖方不能按合同规定及时交货，除因不可抗力者外，若卖方同意支付延期罚款，买方应同意延期交货。
In case that Seller fails to deliver the Products to Buyer in accordance with this Contract, except for the force majeure, Buyer should agree to Seller’s late delivery on the condition that Seller agrees to pay delay penalty.
罚款通过在付款时扣除，但罚款总额不超过延期货物总值的５％，罚款率按每星期０．５％计算，少于七天者按七天计。
Penalty shall be deducted from the due payment, but the maximum penalty shall not be greater than the 5% of total amount of the Products. The penalty shall be charged according to 0.5% weekly rate, and the delay period which is less than 7 days shall be deemed as 7 days.
Liquidated damages under 6.1 or 7.4 shall in no case exceed in the aggregate [5 percent] of the price on which they shall be calculated.
根据6.1或7.4在任何情况下，违约赔偿金不得超过总价的5%。
如果卖方交货延期超过合同规定船期十星期时，买方有权取消合同。尽管取消了合同，但卖方仍须立即向买方交付上述规定罚款。
Buyer has the right to cancel this Contract in case that Seller delays in delivering the Products over 10 weeks. Seller must immediately pay to Buyer the above mentioned penalty after Buyer’s cancellation of this Contract.
除天灾人祸等不可抗力因素及因买方未尽本合同责任之情形以外，如卖方逾期完成以上任何一项义务，须从逾期第四天起按日支付该笔逾期款项0.1%的罚款，但该罚款不应超过本合同总价之3%。
Except for force majeure or a failure by the Buyer to perform its obligations under this Contract, if the Seller fails to complete on time any of its tasks set forth above, it shall pay a penalty of 0.1% per day on the late amount, commencing on the fourth day of such delay, provided that such penalty shall not exceed 3% of the Contract Price.
买方应赔偿或补偿卖方因买方造成的交货延误所受到的所有损失，包括（但不限于）货物贮存的费用，该费用以每天每吨人民币83元计算。
The Purchaser shall indemnify the Seller for all costs incurred by it as a result of any delay in the delivery of the Metal Building System caused by the Purchaser, including, without limitation, the cost of storage which shall be charged at the rate of Rmb 83 per ton per day.
由于卖方原因造成不能按期装运的，则卖方应从合同规定的最晚装运日的第十一天起,按照实际延迟的天数，每月付给买方货值金额1.25%的迟装费。
If the cotton fails to be shipped as scheduled due to the Seller’s reasons, the Seller shall pay the Buyer a delayed delivery fee equivalent to 1.25% of the value of the commodity for the delay incurred in the contracted latest shipment date from the eleventh day after the month the cotton was due to be shipped.
甲方未按时交付车辆的，自延期之日起至实际交付日止，按乙方已付款依银行迟延付款的规定向乙方支付违约金。延期交付车辆超过 日的，乙方有权解除合同，并要求甲方按相当于已交车款的 %支付违约金或适用定金条款。
Party A ,if fail to deliver vehicle, should pay breach fine reference to bank’s prscription on delayed payment according to party B’s paid sum from the date of delay to actual delivery. In case fail to deliver excess days party B is entitle to cancel this contract and require party A pay breach fine by % of paid sum or apply clause of earnest money.
Inspection Certificate issued by SGS at discharging which should be presented to the seller within 30 days after completion of discharging date. Otherwise any claim shall be deemed to be waived. Its Certificate is final and must show clearly actual weight (0.3% franchise allowed). No quantity claim will be made for quantity difference not exceeding 0.3% of B/L weight. If shortage or surplus is beyond the allowed franchise, the excess of the 0.3% franchise of shortage or surplus shall be settled commercially by remittance within 30 days upon receipt of claim. Packing material weight will not be calculated.
SGS在卸货时颁布的检查证书须在完成卸货之日起 30 天内向卖方出示。否则任何索赔将被视为无效。证书必须是最终的而必须清楚地标明实际重量 (0.3%的免赔是允许的)。提单重量差别没有超过0.3%，则不提出索赔。如果在免赔的基础上超出或是不足，超过了0.3%重量差，无论是超出还是不足都将在收到索赔之日起 30 天之内通过商业汇款的方式解决。包装材料的重量不计在内。
Subject to 0.3% franchise against B/L weight, Buyer shall have the right to send claim concerning the Quantity and Quality of the material within 30 days from the date of B/L.
按照提单重量 0.3%的免赔质量，买方有权在提单之日起 30 天之内提出关於材料数量和质量的索赔要求。
If either party of this Contract fails to perform its obligation as stated in this contract, other than by reason of Force Majeure as per Clause 14, The concern party shall pay 2% penalty to the other party. the penalty must be paid within 30days.
若买卖双方任何一方未能履行合同条款, 除因条款第十四条款所述的不可抗力事件外, 违约方须向对方支付2%违约金.支付时间为判定为违约后30天内,
甲方若无正当理由未在本合同约定时间内付清款项，应承担支付给乙方逾期未付款每天1/1000的利息并承担逾期付款每天1/1000的违约金，甲方必须在当期应付帐款中加入支付；
If Party A fails to clean the payment within the time limit agreed upon without any justified reasons, both interest on and liquidated damages of the total overdue value shall be chargeable at one per mille (1‰) per day from the date on which the payment is overdue until repayment in full and such interest and damages shall be paid by Party A along with current account payable.
PENALTIES违约金
For delay of payment, the Buyer must pay to Seller demurrage claims in size of 0.5%, but not more than 10% of delayed sum.
In case the Seller has failed to deliver the Goods within the time specified in Clause 3.2 hereof, the Seller shall pay penalties at the rate of 0.5% of the delayed Goods value per each day of delay provided always that this penalty shall not exceed 15% of the delayed Goods value.
由于付款延误，买方必须付给卖方0.5%的逾期违约金，但不超过逾期货物金额的10%。
如果卖方不能在第3.2条中规定的时间内交付货物，卖方应按延误货物价值每天0.5%支付违约金，但违约金不得超过延误货物价值的15%。
承包方应当为这种违约向发包方支付按每天 %的比例计算的损失
contractor shall pay to the employer at the rate of per day liquidated damages for such default
乙方不按合同规定购买补偿商品或甲方不按合同规定提供商品时，均应按合同条款承担违约责任，赔偿由此造成的经济损失，并向对方支付该项货款总值的____%的罚款。
Party B shall, if it fails to comply with this agreement to make purchase of the goods delivered by Party A as reimbursement, or Party A shall, if it fails to comply with this agreement to deliver the goods it is due to provide, be deemed liable for a breach of agreement and shall compensate the non-breaching Party for the loss caused thereupon and shall pay the non-breaching Party a fine accounting for % of the total value of the goods in question.
甲方不能拖欠乙方所有费用，如果违约，需向乙方支付违约金（总合同金额）0.1%/天。
Party A cannot default payment due to Party B, if breach of payment clause herein, should pay the penalty to the Party B at rate of 0.1%/Day on base of total contract amount.
买方未按合同规定日期付款，每延期一天，应偿付卖方以延期付款总额＿＿％的罚金。
In case that Buyer delays in paying the payment according to this Contract, Buyer shall pay to Seller penalty for each delay day, which is equal to ＿％ of total amount.
如果卖方不能按合同规定及时交货，除因不可抗力者外，若卖方同意支付延期罚款，买方应同意延期交货。
In case that Seller fails to deliver the Products to Buyer in accordance with this Contract, except for the force majeure, Buyer should agree to Seller’s late delivery on the condition that Seller agrees to pay delay penalty.
罚款通过在付款时扣除，但罚款总额不超过延期货物总值的５％，罚款率按每星期０．５％计算，少于七天者按七天计。
Penalty shall be deducted from the due payment, but the maximum penalty shall not be greater that the 5% of total amount of the Products. The penalty shall be charged according to 0.5% weekly rate, and the delay period which is less than 7 days shall be deemed as 7 days.
如果卖方交货延期超过合同规定船期十星期时，买方有权取消合同。尽管取消了合同，但卖方仍须立即向买方交付上述规定罚款。
Buyer has the right to cancel this Contract in case that Seller delays in delivering the Products over 10 weeks. Seller must immediately pay to Buyer the above mentioned penalty after Buyer’s cancellation of this Contract.
除天灾人祸等不可抗力因素及因买方未尽本合同责任之情形以外，如卖方逾期完成以上任何一项义务，须从逾期第四天起按日支付该笔逾期款项0.1%的罚款，但该罚款不应超过本合同总价之3%。
Except for force majeure or a failure by the Buyer to perform its obligations under this Contract, if the Seller fails to complete on time any of its tasks set forth above, it shall pay a penalty of 0.1% per day on the late amount, commencing on the fourth day of such delay, provided that such penalty shall not exceed 3% of the Contract Price.
买方应赔偿或补偿卖方因买方造成的交货延误所受到的所有损失，包括（但不限于）货物贮存的费用，该费用以每天每吨人民币83元计算。
The Purchaser shall indemnify the Seller for all costs incurred by it as a result of any delay in the delivery of the Metal Building System caused by the Purchaser, including, without limitation, the cost of storage which shall be charged at the rate of Rmb 83 per ton per day.
由于卖方原因造成不能按期装运的，则卖方应从合同规定的最晚装运日的第十一天起,按照实际延迟的天数，每月付给买方货值金额1.25%的迟装费。
If the cotton fails to be shipped as scheduled due to the Seller’s reasons, the Seller shall pay the Buyer a delayed delivery fee equivalent to 1.25% of the value of the commodity for the delay incurred in the contracted latest shipment date from the eleventh day after the month the cotton was due to be shipped.
由于买方原因造成不能按期装运的，则买方应从合同规定的最晚装运日的第十一天起,按照实际延迟的天数，每月付给卖方货值金额1.25%的迟装费。
If the cotton fails to be shipped as scheduled due to the Buyer’s reasons, the Buyer shall compensate the Seller carrying charges equivalent to 1.25% of the value of the commodity for the delay incurred in the contracted latest shipment date from the eleventh day after the month the cotton was due to be shipped.
Subject to 0.3% franchise against B/L weight, Buyer shall have the right to send claim concerning the Quantity and Quality of the material within 30 days from the date of B/L.
按照提单重量 0.3%的免赔质量，买方有权在提单之日起 30 天之内提出关於材料数量和质量的索赔要求。
If either party of this Contract fails to perform its obligation as stated in this contract, other than by reason of Force Majeure as per Clause 14, The concern party shall pay 2% penalty to the other party. the penalty must be paid within 30days.
若买卖双方任何一方未能履行合同条款, 除因条款第十四条款所述的不可抗力事件外, 违约方须向对方支付2%违约金.支付时间为判定为违约后30天内,
甲方应按合同签订的出租日期将出租的房屋交乙方使用。如甲方逾期不交房屋的，则每逾期一天应向乙方支付租金双倍的违约金。 Party A shall hand over the leasing items to party B on the date as prescribed in this contract, otherwise giving twice of the rent as liquidated damages by the day.
乙方逾期交付租金及物业管理费，除如数补交外，按日支付逾期租金款项的万分之四的滞纳金，逾期交付水电费等其他费用的，按逾期交纳款项的千分之一支付滞纳金。 In case of delay in paying rent or fees of property management beyond the prescribed period, party B shall undertake belated payment 4/10000 more of rent by the day. For fees of power or water, it shall be 1/1000 more by the day.
甲方逾期付款每天按应支付费用0.3%向乙方支付违约金。支付乙方的款项应以人民幣，并以电汇方式汇入指定的帐户.
If payment is over 30 days, an interest of 0.3% per day will be levied. The Client’s payment should be made payable to Osage Art Consultancy specified RMB dollar account.
租赁期间，甲方提前收回房屋的，甲方应按即时月租的租金向乙方支付十二个月的违约金。相反乙方未经甲方同意中途擅自退租的，乙方应按即时月租金向甲方支付十二个月的违约金。 In case party A takes back the leasing items before prescribed time and party A shall pay 12 times as much as the rent then and there as compensation. On the contrary, in case party B quit the contract and move out of the leasing items before the prescribed time, he shall also pay 12 times as much as the rent then and there as compensation.
If Party B fails to pay the Deposit or other fees payable under this Contract, or Party A has paid for Party B such other fees payable by Party, Party B shall pay late payment interests for the period of late payment at the rate of 0.5‰ of the outstanding amount per day.
如乙方未能按照本合同规定支付应付的保证金和其他款项给甲方，或甲方为乙方垫付应由乙方支付的其他款项，乙方应付迟延支付期间的迟延利息，该迟延利息应按日息为所欠款项的0.5‰计算。
因乙方未及时足额支付甲方员工劳动报酬（包括但不限于工资、加班工资等），导致甲方遭受任何处罚、索赔、损失的，均应由乙方向甲方作出足额补偿。
If Party B fails to make full payment of labor remuneration of Party A’s Staff on time (including but not limited to pay and overtime payment), and therefore Party A suffers any penalty, claim or loss, Party B shall make full compensation to Party
乙方未按本合同和附件的约定按时足额支付退回补偿和（或）额外退回补偿的，除应足额支付外，还应在甲方提出要求时，按应付金额百分之一百的标准向甲方加付违约金。
If Party B fails to pay return compensation and/or additional return compensation in full and on time in accordance with the provisions of this Contract and the Attachments hereto, it shall, in addition to full-amount payment, pay to Party A penalty, at the rate of 100% of the sum due upon request.
乙方应严格遵守甲方的工作规定以及规章制度，尽职尽责，否则，甲方有权随时解除合同并追究因此而造成的经济损失，并有权对所造成的经济损失在乙方的报酬中作相应扣除。
Party B should abide by Party A’s working systems, rules and regulations. Otherwise, Party A is entitled to cancel the contract and claim a corresponding compensation of any economic loss from Party B’s payment.
四、知识产权、专利合同违约金条款
.如乙方的技术资料不能按本合同附件二规定的时间交付，乙方则须按下列比例支付罚款给甲方:
If Party B fails to despatch the said documents within the stipulated period as per Appendix 2 Party B shall pay penalty to Party A in the following proportions:
(1)迟交1至4周，罚款为合同总价的X%;
percent of the total Contract price for delay from 1 to 4 weeks.
(2)迟交5至8周，罚款为合同总价的Ｘ％；
percent of the total contract price for delay form 5 to 8 weeks.
(3)迟交超过8周，罚款为合同总价的Ｘ%;
percent of the total contract price for delay exceeding weeks;
乙方按本条规定被罚款时，并不解除其继续交付技术资料的义务。
The payment of penalties by Party B to Party A as stipulated in Article 9 shall not remove party B of its obligation to deliver the said documents.
如果动方迟交技术资料6个月以上，甲方有权终止合同。乙方须将甲方已给交付的全部金额，并加年利Ｘ％的利息，一并退还甲方。
Whenever the delay in delivering the said documents exceeds 6 months， Party A shall be entitled to terminate the Contract at its discretion and Party B shall be obliged to re- fund Party A all its payments together with the corresponding ingerest at the rate of... per-cent per annum. .
由于乙方责任，验收不合格，造成甲方有能正常投产而终止合同时，乙方应退还甲方已经支付给乙方的全部金额，并加年利Ｘ％的利息。)
If the verification tests fail with the responsibility lying with Party B and. v8if，as theresult，Party A cannot start normal production with the Contract having to be3 Tterminated， Party B shall erfund all the payments previously made by Party A to Party B/ Ytogether with the interest at the rate of... percent per annum.
如因乙原因，产品部分性能指标没能达到合同产品的规定时，机具体情况，乙方须按合同总价X％予以赔偿，但是，若因甲方原因产品没能达到性能指标时，甲方应按合同规定支付金部金额。
If only some aspects of the properties of the Product are not up to the standards as stipulated in the Contract and the responsibility lies with Party B， Party B shall compensate Party A with ... percent of the total Contract price according to Concredt circumstances. If the responsibility lies with Party A， Party a shall pay the total; Contract price in accordance with the stipulations.
若任何一批技术文件的交付晚于本合同附件二规定的交付日期，从规定交付日期的第二天算起，乙方应按下列规定向甲方支付：
8. 6 If any portion of the technical documentations is delivered late as specified in Appendix 2 of the contract, Party B shall, from the 2nd day, pay to Party A a penalty as follows:
迟交1－4周每交迟1周罚款为合同总值的0．1％；
For late delivery of l to 4 weeks, the rate of penalty shall be 0. l % of the total contract price per each delayed week;
但上述罚款的合计不能超过合同总值的5％。
However, the total amount of the above penalty shall not exceed 5% of the total contract price.
乙方在按照8．6款的规定被罚款时，将不解除乙方继续交付技术资料义务。
The payment of any penalty by Party B according to 8. 6 shall not release the obligation of Party B to continue the delivery of the technical documentations.
乙方如果迟交技术文件超过4个月则甲方有权终止合同。在这种情况下，乙方必须将甲方已经支付的全部金额并加上年利10％，尽速一并退还甲方。最迟不得超过乙方接到甲方终止合同的通知后三十天。
In case the late delivery of the technical documentations exceeds 4 months, Party A shall have the right to terminate the contract. In this case, Party B shall refund to Party A the amount which Party A has paid to Party B plus the related interest at the rate of 10% per year immediately, but in no case shall such
refunding by Party B exceeds 30 days from receipt from Party A of the notice to terminate the contract.
工程期间，因乙方原因未能按期完工，乙方应当承担责任，并每一天按合同总额的千分之一支付甲方违约金，即 美元整。
In the event Party B shall fail to complete the work in time owing to reasons that Party B shall be held liable， Party B shall pay a penalty for such default based on one out of a thousand of the total price for installation work per day, i.e. U.S.D， only for each day of such default.
本改造工程的委托业务如果在超过指定工期15天仍然没有完成，则按超过天数每天向甲方支付本合同金额0.1％的违约金。但如果因甲方原因造成超过指定工期15天仍然没有完成，则乙方不支付违约金，工期顺延或双方协商其他解决办法。本条款不适用于由第三者造成的重大伤害、战争、动乱等不可抗力情况。
Party B agrees to pay as default fine the sum of (0.1% of contract price) for each consecutive calendar day if contractor fail to complete the work after 15 days of original completion day. If contractor cannot complete the work owing to the reasons caused by owner, party B shall not pay any default fine, the work will be delayed or could come up other solutions by both parties. This item shall not apply grievous injury, war, turmoil etc force majeure.
. 如果由于承包商的原因导致性能测试的再次失败，而双方并无继续重新测试的协议，则对最后一次测试的结果进行评估。承包商将根据附录×的规定向业主支付违约赔偿费，费率不超过合同价格的××%。
In the event of any repeat of a performance test failing for reasons imputable to the Contractor, and there being no mutual agreement to continue re-testing, the results of the final test will be measured and the Contractor will be liable to pay to the Owner liquidated damages on the scale set out in Appendix（…） up to a maximum of （…）% of the Contract Price.
如果承包商因自身的原因未能在合同生效后的×个月内获得整个工厂的最后验收合格证书，承包商须根据附录×的规定向业主每月支付相当于合同价格××%的拖延赔偿费，但最多不超过合同价格的××%。
If the Contractor is unable for reasons within his control to obtain a final acceptance certificate for the whole Plant by（…） months from the effective date of this Contract, he shall be liable to pay to the Owner for each month's delay liquidated damages of（…）% of the Contract Price up to a maximum of （…）% of the Contract Price in accordance with Appendix（…）.
由于乙方原因逾期竣工的，每逾期一天，乙方向甲方支付工程造价0.1‰(大写:千分之一)的违约金
If Party B causes any delay to the completion of this project, then Party B must pay to Party A a fee of 0.1‰( in words: 1/1000)of the total overall project fee for each day beyond the scheduled completion date.
