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Sample translations submitted: 2
English to Japanese: Agreement General field: Law/Patents Detailed field: Law: Contract(s)
Source text - English Commission Agency Agreement
This Agreement, entered into this 1st day of October 2003, in Tokyo by and between:
Pacific Sportsware, Inc,
a corporation duly organized and existing under the laws of the State of California, and having its principal office of business at 1900 Mariner Avenue, Torrance, CA 90503, U.S.A. (hereinafter referred to as "Company")
and:
Tokyo Sports K.K.
a corporation duly organized and existing under the laws of Japan
and having its principal office of business at
4-1, Kyobashi 2 chome, Chuo-ku, Tokyo, JAPAN 104-0031 (hereinafter referred to as "Agent"),
WITNESSETH THAT:
WHEREAS, Company desires to export certain products to Japan and to appoint Agent as its sole agent under the terms and conditions stipulated herein, and
WHEREAS, Agent is in a position to do agent business for foreign Company in Japan and is willing to act as a commission agent for Company's sales of the products under the said terms and conditions,
NOW THEREFORE, the parties hereto agree as follows:
Article 1. Appointment
During the life of this Agreement, Company hereby appoints Agent as its sole commission agent to solicit orders for Products, as stipulated in Article 2 hereof, from customers in Territory, as stipulated in Article 3 hereof, and Agent accepts such appointment.
Article 2. Products
Products covered under this Agreement shall be confined to skate-board and its parts and accessories (hereinafter called "Products").
Article 3. Territory
Territory covered under this Agreement shall be confined to Japan (hereinafter called "Territory").
Article 4. Privity
1. Agent's function hereby entrusted shall consist in soliciting orders from customers for Company and in affording a reasonable assistance for the sale of Products in Territory with a view to helping Company.
2. Agent shall not be authorized to conclude contract or receive payment on Company's behalf and shall not make an representation, warranties, commitment or other act binding Company. Agent shall protect, defend, indemnify and reimburse Company from any claim, debt and liability resulting from Agent's act that exceeds over or is contrary to Agent's function provided in this Agreement.
Article 5. Independence
Agent's self-employed and independent status shall not be affected by this Agreement. Agent shall plan and carry out its business and travel program on its own responsibility and shall not be bound by any working hour schedule and shall not be subject to any directives from Company other than those agreed upon herein.
Article 6. Exclusivity
Agent shall not solicit orders outside Territory nor tender Products to any person or corporation whose business domicile is outside Territory. However, Agent shall forward to Company without any claim to commission any inquiry or order from such person or corporation.
Article 7. Prohibition of Competitive Transaction
During the life of this Agreement, Agent shall not, either directly or indirectly, in its own name or in that of third parties, manufacture, sell or promote sales of any products competing with or similar to Products, nor represent third parties who manufacture or sell such competitive or similar products.
Article 8. Minimum Transaction Quantities
1. The following minimum sales of Products shall be guaranteed by Agent under this Agreement:
(a) 5000 units for each half of first year hereof;
(b) 7500 units for each half of second year hereof; and
(c) 10000 units for each half of third year hereof.
2. If Agent fails to attain the said minimum sales in any one period, Company is entitled to terminate this Agreement prematurely by giving thirty (30) days notice.
3. The calculation for the above minimum sales shall be made on the basis of F.O.B. Los Angeles price and on Products for which Company has effectively received the payment.
English to Japanese: Magazine Column General field: Social Sciences Detailed field: Social Science, Sociology, Ethics, etc.
Source text - English In the recent film comedy Horrible Bosses, three truly dreadful managers make their employees’ lives miserable. The first is a cruel executive who dangles a promotion in front of a subordinate as bait, only to snatch it away once his stupid demands have been met. The second is a mean cokehead who inherits the family business from his kindly deceased father. The third is an orthodontist who sexually harasses her assistant, threatening to tell his fiancée that it’s his fault.
The victims in the movie can’t quit. They need the jobs. Instead, they compose elaborate, farcical plots to eliminate the bosses.
In real life, horrible bosses are the stuff of tragedy, not comedy. Workplace discontent is no joke. Some surveys show that as many as half of American workers feel low levels
of work engagement, stemming in part from poor management.
It’s not insults that cause the greatest harm, but rather callousness about people’s time.
Horrible bosses want control. They expect subordinates to be on call 24/7 and to hit unrealistic deadlines with limited resources. When the work product is delivered, horrible bosses may ignore it for long intervals, making it clear that the deadline was artificial and the stress unnecessary.
To minimize the impact of horrible bosses, companies can ensure that performance reviews are based on objective measures, not subjective ones. They can examine tasks and workloads for relevance and fairness. They can offer training to teach respectful behavior. They can police sexual harassment and make flexibility a right. But formal processes go only so far. Employees sometimes find themselves worse off when they use official complaint mechanisms.
The best cure for horrible bosses is alternative relationships and collaboration. Organizations that foster strong, multidimensional relationships among colleagues weaken the control of a single autocratic boss. They make it more likely that the sins of horrible bosses will be exposed to others who can stop them.
Groups caught in a horror show can end the misery by banding together to focus on goals and show compassion for one another. Jane Dutton of the University of Michigan, a leader in the positive psychology movement, has shown that simple gestures of caring can humanize the workplace and raise levels of performance.
Another good way to neutralize horrible bosses is to focus on the mission and help
others around you succeed. A manager I’ll call Pierre was sent by his company to lead
a turnaround, as COO, of a low-performing subsidiary in a developing country. The country CEO was imperialistic and antagonistic. He gave Pierre a basement office
with no staff and proceeded to ignore him. Pierre’s corporate bosses told him to work
it out. After a few days of feeling depressed, Pierre decided to move into the tiny office
next to the CEO and find his own assistant from outside the company, someone with no history with or allegiance to the CEO.
Then he forged ahead with relationship-building. He identified the best performers in the
unit who he thought would be the most independent of the CEO’s power. He met with them in small groups and provided abundant performance data and ideas for growing the business. Soon they were leading their peers in making changes. The horrible boss couldn’t control Pierre and couldn’t stop the momentum. The boss became impotent
in his irrelevance—and later was fired for corruption.
In the movie, the three friends help one another, and the horrible bosses fall on their
own swords. Real life is not as dramatic or entertaining. Still, an underlying truth holds: The best cure for horrible bosses is wonderful colleagues.
Expertise 