国际贸易实务讲义(Chapter 8 Export Business Negotiation and Conclusion of Contract)
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If the offer has a restrictive condition, i.e.,” subject to our final confirmation”, then it’s a non-firm offer regarded as an invitation for offer.
(3) Time of Validity or Duration of Offer
2. Offer
（1）The meaning of an offer
the definition of offer stipulated in“convention”
The party who makes an offer is called an offeror, in the case of the seller, the offer is called a selling offer, while in the case of the buyer, and it is called a buying offer.
of contract Section 4: Formation and main contents of contact
Section 1: Form and content of business negotiation
1. The form of business negotiation
Two forms: Oral form and written form
2. Contents of the offer shall be sufficiently definite, i.e., trade terms of the offer shall be complete, clear and final
（1）The “Convention” stipulates that a sufficiently definite offer should include three basic elements: name, quantity and price
telegram
2. Revocation
As to whether an offer can be revoked or not, different laws have
different explanations
The “convention” adopts a compromise regulation
If the offeree varies the means the normal rule applies and the acceptance becomes effective only when it is actually communicated.
(3) Time that an acceptance becomes effective
（2）In our foreign trade practice, a complete offer shall include the quality, quantity, packing, price, terms of delivery of the goods and terms of payment.
5. Withdrawal or revocation of an offer
1. Withdrawal
The British laws and the American laws have different
explanations to withdrawal
The spirit of “ Convention ” Suitable occasion for withdrawal: The offer is sent by mail or
1 Stipulate the term of validity clearly
The term of validity is not an indispensable condition of an offer
（1）Stipulate the latest date for acceptance
For example: OFFER SUBJECT TO REPLY HERE FIFTEENTH, JULY.
silence or in activity does not in itself amount to acceptance. ❖ Performing an Act. Usually, this means that the seller has
shipped the goods or the buyer has paid the purchasing
Chapter 8 Export Business Negotiation and Conclusion of Contract
Abstract: This chapter tells the general procedures of business negotiation, the basical contents and establishment of contract, etc.
（2）The basic conditions of an offer
1. The offer shall be made to one or more specific persons
The offer shall be the definite representation in which the offeror expresses that he shall conclude transaction on the terms and conditions stipulated therein.
(6) Termination of an offer
In the following cases, an offer is terminated: ❖ The time validity stipulated in the offer
becomes due; ❖ The offeree rejects or makes a counter offer; ❖ The oferer revokes the源自文库offer before
Section 1: Form and content of business negotiation Section 2: general procedure in business negotiation Section 3: Establishment time and essential conditions
price.
3. Acceptance shall be in accordance with the offer
4. Acceptance shall reach the offeror within the time of validity
5. The offeree in sending his acceptance should use the means authorized by the offer.
3. The offer shall indicate the intention of the offeror to be bound in case of acceptance
This intention may be indicated by terms as “firm” offer, “offer with engagement”, etc.
2. Main contents of business negotiation
（1）Main terms of trade
It includes quality, quantity, packaging, price, delivering and terms of payment, etc.
（2）General Terms and Conditions
（2）Stipulate a period of time for acceptance
As to this method, there is a question of computing validity time. See article 20 of “convention”.
2. If an offer doesn’t clearly stipulate the time of validity, it will be valid within a reasonable time.
1. Acceptance shall be made by a specific offeree.
2. Acceptance shall be declared in certain ways
❖ Statement. ❖ Acceptance shall be declared orally or in a written form,
Different views of the time that a written form offer becomes effective ：
1、Despatch Theory 2、Arrival Theory
Both “convention” and our “contract law” adopt arrival theory.
Section 2: general procedure in business negotiation
1. Inquiry
The seller and the buyer both can make an inquiry. Usually, the inquiry made by the buyer is also called bid, and the inquiry made by the seller is also called selling inquiry. Inquiry will not bind upon both parties, but usually when you received an inquiry, you should reply it as soon as possible
An oral offer, unless otherwise agreed, must be accepted immediately unless the circumstances indicate otherwise.
(4) Time that an offer becomes effective
❖(3) If offeree accepts the original offer after he made a counter-offer, the contract is invalid.
4. Acceptance
A statement made by …or other conduct of the offeree indicating assent to an offer is an acceptance. ❖(1) The meaning of acceptance ❖(2) The essential conditions of acceptance
acceptance.
3. Counter-Offer
❖(1) A reply to an offer which alter the terms of the offer materially constitutes a counter-offer
❖(2) An acceptance with restrictive conditions is another form of counter-offer, such as “subject to our final confirmation”.
(3) Time of Validity or Duration of Offer
2. Offer
（1）The meaning of an offer
the definition of offer stipulated in“convention”
The party who makes an offer is called an offeror, in the case of the seller, the offer is called a selling offer, while in the case of the buyer, and it is called a buying offer.
of contract Section 4: Formation and main contents of contact
Section 1: Form and content of business negotiation
1. The form of business negotiation
Two forms: Oral form and written form
2. Contents of the offer shall be sufficiently definite, i.e., trade terms of the offer shall be complete, clear and final
（1）The “Convention” stipulates that a sufficiently definite offer should include three basic elements: name, quantity and price
telegram
2. Revocation
As to whether an offer can be revoked or not, different laws have
different explanations
The “convention” adopts a compromise regulation
If the offeree varies the means the normal rule applies and the acceptance becomes effective only when it is actually communicated.
(3) Time that an acceptance becomes effective
（2）In our foreign trade practice, a complete offer shall include the quality, quantity, packing, price, terms of delivery of the goods and terms of payment.
5. Withdrawal or revocation of an offer
1. Withdrawal
The British laws and the American laws have different
explanations to withdrawal
The spirit of “ Convention ” Suitable occasion for withdrawal: The offer is sent by mail or
1 Stipulate the term of validity clearly
The term of validity is not an indispensable condition of an offer
（1）Stipulate the latest date for acceptance
For example: OFFER SUBJECT TO REPLY HERE FIFTEENTH, JULY.
silence or in activity does not in itself amount to acceptance. ❖ Performing an Act. Usually, this means that the seller has
shipped the goods or the buyer has paid the purchasing
Chapter 8 Export Business Negotiation and Conclusion of Contract
Abstract: This chapter tells the general procedures of business negotiation, the basical contents and establishment of contract, etc.
（2）The basic conditions of an offer
1. The offer shall be made to one or more specific persons
The offer shall be the definite representation in which the offeror expresses that he shall conclude transaction on the terms and conditions stipulated therein.
(6) Termination of an offer
In the following cases, an offer is terminated: ❖ The time validity stipulated in the offer
becomes due; ❖ The offeree rejects or makes a counter offer; ❖ The oferer revokes the源自文库offer before
Section 1: Form and content of business negotiation Section 2: general procedure in business negotiation Section 3: Establishment time and essential conditions
price.
3. Acceptance shall be in accordance with the offer
4. Acceptance shall reach the offeror within the time of validity
5. The offeree in sending his acceptance should use the means authorized by the offer.
3. The offer shall indicate the intention of the offeror to be bound in case of acceptance
This intention may be indicated by terms as “firm” offer, “offer with engagement”, etc.
2. Main contents of business negotiation
（1）Main terms of trade
It includes quality, quantity, packaging, price, delivering and terms of payment, etc.
（2）General Terms and Conditions
（2）Stipulate a period of time for acceptance
As to this method, there is a question of computing validity time. See article 20 of “convention”.
2. If an offer doesn’t clearly stipulate the time of validity, it will be valid within a reasonable time.
1. Acceptance shall be made by a specific offeree.
2. Acceptance shall be declared in certain ways
❖ Statement. ❖ Acceptance shall be declared orally or in a written form,
Different views of the time that a written form offer becomes effective ：
1、Despatch Theory 2、Arrival Theory
Both “convention” and our “contract law” adopt arrival theory.
Section 2: general procedure in business negotiation
1. Inquiry
The seller and the buyer both can make an inquiry. Usually, the inquiry made by the buyer is also called bid, and the inquiry made by the seller is also called selling inquiry. Inquiry will not bind upon both parties, but usually when you received an inquiry, you should reply it as soon as possible
An oral offer, unless otherwise agreed, must be accepted immediately unless the circumstances indicate otherwise.
(4) Time that an offer becomes effective
❖(3) If offeree accepts the original offer after he made a counter-offer, the contract is invalid.
4. Acceptance
A statement made by …or other conduct of the offeree indicating assent to an offer is an acceptance. ❖(1) The meaning of acceptance ❖(2) The essential conditions of acceptance
acceptance.
3. Counter-Offer
❖(1) A reply to an offer which alter the terms of the offer materially constitutes a counter-offer
❖(2) An acceptance with restrictive conditions is another form of counter-offer, such as “subject to our final confirmation”.