offer (发盘)

OFFER
Team 5 阿拉依-1111081101 鲍嫚迪-1111081102
陈美惠-1111081104 刘雅仙-1110650104
1. What is an offer?
1.1 Definition
An offer is a proposal to sell or buy a specific product or service under specific conditions. Offer can be made by seller or buyer .(If it made by buyer , it is called bid(递盘).)
The expression of an offer may take different forms, such as a letter, newspaper advertisement, fax, email and even conduct, as long as it communicates the basis on which the offeror is prepared to contract.
1.2 Conditions of the effective offer
1)The offer should be sent to one or more than one particular person.
if it doesn't specify the offeree, it will be regarded as an offer of invitation only, or invitation to offer.
2)The contents of the offer must be specific .
It means an offer must be clear, definite, complete and final.
3)An expression of hope that want to make a contract with offeree.
Offeror should mention that when the offeree accepted the offer, whice means offer terms and conditions entered into a contract . he will the undertake the legal responsibility togethere with offeree.
4) The offer must delivery to offeree.
an offer will be effective when it reach to offeree.
1.3 Type of the offer
An offer may either be a firm offer or a non-firm offer.
1.3.1 Firm offer
A firm offer is made when a seller promises to sell goods at a stated price usually within a certain time limit. It must be clear, definite, complete and final. It is irrevocability . But As a general rule, all offers are revocable at any time prior to acceptance, even those offers that purport to be irrevocable on their face.
In a firm offer the following should be given: the description of the commodity, the unit price, quantity, specifications, the time of shipment ,the mode of payment, the detailed information of the goods etc. If possible, samples will be provided.
1.3.2 Non-firm offer
A non-firm offer may contain fewer items than firm offer.It doesn’t have leaglly banding.
In non-firm offer some terms must be reserved such as:
“subject to our final confirmation”；“Without engagement”；“subject to prior sale”.“All quotations are subject to our final confirmation unless otherwise stated”.“Our offer is subject to approval of export licence.”
1.4 Attention
1) An offer is legally binding
If an offer be sent to offeree, it can’t be casualy revoke. Once the offeree accept an offer, the offeror have to deal with offeree on the offer terms and conditions and to
perform the contract obligations.
2)Effective time of an offer
An offer take effect when it is Reached to offeree.
Withdraw offer: Offeror get offer back before offer reach to offeree.
Revoke offer: An offeror may revoke an offer before it has been accepted, but the revocation must be communicated to the offeree (although not necessarily by the offeror). However, an offer may not be revoked if it has been summed up in an option. If the offer is one that leads to a unilateral contract, the offer generally cannot be revoked once the offeree has begun performance.
3）The validity of an offer
Usually, In international trade, offer validity has two forms: specified time limit, and adopt reasonable time effectively. The former not only few disputes but also can promote clinch a deal, so it is used more, but cannot be revoked; the another one is easy to generate controversy, but if the other party didn't accept the offer. it may be revoked. About Using which one depends on specific circumstances.
4）Termination of offer:the offeree refuses to failure ；the offeror withdraw the offer ; the specified period is expired and failure ；the reasonable time has failed.
2. How to make an offer?
2.1 The main contents of an offer
A satisfactory quotation will include the following:
1)An expression of thanks for the enquiry.
2)Names of the goods, quality, quantity or specifications.
3)Details of prices and of what prices cover, such as freight, insurance, discount, commission etc.
4) A statement or clear indication of the terms of payment.
5)Time of shipment, date of delivery and packing conditions.
6)The period for which the qutoation is valid if it is a firm offer.
7)An expression of hope that the offer will be accpeted.
2.2The steps of making an satisfactory offer
（1）An expression of thanks for the enquiry. And response questions asked by offeree.
e.g. Thank you for your inquiry for…
（2) Conditions of trade. （name 、specifications、quantity、packing、price、shipment、payment、insurance…）.
e.g. For the Butterfly Brand sewing machine, the best price is USD79.00 per set FOB Tianjin
（3）Declare effective period of an offer and other conditions.
e.g. In reply we would like to offer, subject to your reply reaching us before…
（4) An expression of hope that the offer will be accepted.
e.g. We hope that you place a trial order with us.
2.3 when should we make an offer?
①after enquiry
②send the offer directly
3. How to reply an offer?
(1)Accept
A promise or act on the part of an offeree indicating a willingness to be bound by
the terms and conditions contained in an offer.
(2)Accept but change some main terms in the offer---Counter-offer
(3)Reject
Rejection of offer An offer can be terminated on the grounds of rejection by the offeree, that is if the offeree does not accept the terms of the offer or makes a counter-offer as referred to above.
If the offeree fails to accept the offer within this specific period, then the offer will be deemed as terminated.。