成交函

成交函在进出口交易中，一方的发盘或还盘被另一方接受，合同关系即宜告成立。

同时，为了便于履约和监督，双方通常会签订一份合同（采购确认书或销售确认书）。

当出口方向进口方寄送销售确认书的时候，往往会附上一封信，这封信就是我们这里所说的出口成交函。

成交函是一种典型的通知类信函，在写法上与我们在前几章中提及的建交函、发盘函和还盘函有所不同。

1.成交函最主要目的是要告诉对方销售合同已寄出，希望其予以会签。

常用的语句是：we are sending you our Sales Confirmation No. 990123 in duplicate. Please sign it and return one copy for our file .2.当然，作为成交函，我们通常还会对本次成交表示高兴，并希冀合同顺利履行。

例如：We are glad that through our mutual effort finally we have reached agreement .We believe the first transaction will turn out to be profitable to both of us .You may rest assured that we shall effect shipment strictly as contracted.3.另外，在信用证交易中，信用证能否及时开到出口方直接影响着出口能否按时履约交货。

所以拟写成交函时，特别是在距规定到证日较近的情况下，我们还会加上一些催促对方尽早开立信用证的语句。

例如：It is understood that a letter of credit in ourfavor covering the above-mentioned goods will be established promptly.Please instruct your banker to issue the letter of credit as early as possible in order that we may process with the goods immediately.We wish to point out that the stipulations in the relevant credit should strictly conform to the terms we have agreed upon so as to avoid subsequent amendments .A contract is an agreement that creates an obligation, that is a binding, legally enforceable agreement between two or more competent parties. It generally consists of an exchange of promise—an offer and an acceptance—resulting in an obligation to perform some particular act. In order to be valid, a contract must have the genuine assent of the parties to it, that is, it must involve both offer and acceptance. In export/import trade asales contract is a legal document made by and entered into between a seller and a buyer on the basis of their offer and acceptance. The right and obligation of both the parties are definitely stipulated in the contract. The contract is binding on them all. In the course of business negotiation, an offer with engagement or a counter-offer is accepted, the transaction is completed and a contractual relationship between the offeror and offeree is concluded. It may be formal or informal. The contract which is generally adopted in import and export business is the formal written contract, either a sales contract or a purchase contract, sometimes in the form of purchase order when countersigned by the seller, or a sales confirmation when countersigned by the buyer. However, in keeping with the regular practice in international trade, a written contract or confirmation is usually signed to bind both the seller and the buyer. A formal contract or confirmation should be prepared induplicate; each copy should signed by both parties, and each party should keep a signed copy of it.A contract can be worked out either by the seller or the buyer, and it is called a sales contract or a purchase contract respectively. The same is also applicable to a sales confirmation or a purchase confirmation （informal）. Legally, both the sales contract ( or the purchase contract) and the sales confirmation (or the purchase confirmation) are equally binding on the parties. On the whole, the former is more formal, and the latter, less formal. Besides, the formal consists of not only such main terms as the name of commodities, specifications, quantity, packing, marking, price, shipment, port of shipment and port of destination, and payment, but also those clauses concerning insurance, commodity inspection, claims, arbitration and force majeure;while the latter covers several main items only. It goes without saying thatboth the parties will benefit from the sales or the purchase contract if disputes occur because the contract has provided in detail the relative terms and ways of how to handle and settle the disputes. It is, then, appropriate to transactions of large amount and huge quantity. If the amount is not large or the business is done by means of agency arrangement or exclusive sales agreement, the sale or the purchase confirmation is often used.Fill in the contract from with information gathered from the following correspondence:(1)Incoming LetterJuly 28, 2009Sunny Trading Company Limited,Guangzhou, ChinaDear Sirs,One of our clients in Hamburg is in the market for a parcel of 3000 dozen of Ladies’ Blouses. We would therefore ask you to make us an offer based on CIF Hamburg including our commission of 2%.We shall appreciate it if you will arrange for shipment to be made as early as possible by direct steamer for Hamburg.As usual, our sight irrevocable L/C will be opened in your favor 30 days before the time of shipment.Your faithfully,ABC TRADING CO. LTD(2)Outgoing LetterAugust 2, 2009ABC Trading Co. LtdHamburg, GermanyDear Sirs,Thank you for your letter of July 28 inquiring for 3000 dozen Ladies’ Blouses.We take a pleasure in making you an offer as followings, subject to your acceptance reaching here not later than August 18: 3000 dozen of Art. No. 108 Ladies’ Blouses in pink, blue and yellow colors, equally assorted, with the size assortment of S/3, M/6, and L/3 per dozen, packed in cartons, at U S＄26.00 per dozen CIFC2% Hamburg, for shipment from any China’s port in October.Please note that, since there is no direct steamer available for Hamburg in October, we find it only possible to ship the parcel with transshipment at Tokyo.We look forward to your early reply.Yours faithfully,SUNNY TRADING COMPANY LIMITED(3)Incoming letterAugust 9, 2009Sunny Trading Company Limited Guangzhou, ChinaDear sirs,Thank you for your letter of August 2 offering us 3000 dozen of Ladies’ Blouses at U S ＄26.00 per dozen CIFC2% Hamburg.We are glad to have been able to persuade our client to accept your price, though they found it a bit on the high side. We are now arranging with our bank for the relevant L/C.When making shipment, kindly see to it that insurance is to be effected against ALL Risks and War risk for 110% of the invoice value. As to the shipping mark, we will let you know soon.Yours faithfullyABC TRADING CO. LTDSales ContractN o. 01-115Seller s:Sunny Trading Company LimitedBuyers: ABC TRADING CO. LTDThis contract is made by and between the Buyers and Sellers, whereby the Buyers agree to buy and the Sellers agree to sell the under mentioned commodity according to the terms and conditions stipulated below:Commodity: Art. No.108 Ladies’ BlousesSpecificiation:equally assorted in pink, blue and yellow with the size assortment of S/3, M/6, and L/3Quantity: 3000 dozenUnit price : at U S＄26.00 per dozen CIFC2% HamburgTotal Value: U S＄78000Packing: in cartonsShipping Mark: at buyer’s optionInsurance: to be effected against ALL Risks and War risk for 110% of the invoice value.Time of Shipment:in OctoberPort of Shipment: any China’s por tPort of Destination: HamburgTerms of Payment: sight irrevocable L/C to be opened 30 days before the time of shipmentSales ContractN o. 01-115Seller s:_______________________________ __________________________________ Buyers:_______________________________ _____________________________________ ___This contract is made by and between the Buyers and Sellers, whereby the Buyers agree to buy and the Sellers agree to sell the under mentioned commodity according to the terms and conditions stipulated below: Commodity:___________________________ _____________________________________ ____Specificiation:__________________________ _____________________________________ ____Quantity:______________________________ _____________________________________ ____Unitprice :________________________________ _____________________________________TotalValue:________________________________ ____________________________________ Packing:______________________________ _____________________________________ _____ShippingMark:________________________________ __________________________________ Insurance:_____________________________ _____________________________________ ____Time of Shipment:_____________________________ __________________________________ Port of Shipment:_____________________________ __________________________________ Port of Destination:___________________________ ____________________________________ Terms ofPayment:______________________________ _________________________________。