国际贸易实务--第二讲

• Formality: Inquiry ↓ Offer ↓ Counter-offer ↓ Acceptance ↓ Conclusion of Contract
• 1. Inquiry
– An enquiry is a request for business information, such as price lists, catalogue, samples, and details about the goods or trade terms. It can be made by either the importer or the exporter.
TIME OF VALIDITY OR DURATION OF OFFER
– Stipulate the term of validity clearly The term of validity is not an indispensable condition of an offer A. Stipulate the latest date for acceptance B. Stipulate a period of time for acceptance
– Inquiry will not bind upon both parties, but usually when you receive an inquiry, you should reply it as soon as possible
TYPES OF ENQUIRY
1)General enquiry: asking for common data, such as catalogue, price list, sample, and picture, etc.
– If an offer doesn’t clearly stipulate the time of validity, it will be valid within a reasonable time.
An oral offer, unless otherwise agreed, must be accepted immediately unless the circumstances indicate otherwise.
（1）Main terms of trade
It includes the name of commodity, quality, quantity, packaging, price, shipment and terms of payment, etc.
（2）General Terms and Conditions
REVOCATION OF AN OFFER
A. Withdrawal
• The spirit of “ Convention ” • Suitable occasion for withdrawal: The offer is sent by mail or telegram
B. Revocation
3. Counter-Offer
A reply to an offer which purports to be an acceptance but contains additions, limitations or other modifications is a rejection of the offer and constitutes a counter offer. (1) A reply to an offer which alter the terms of the offer materially constitutes a counter-offer.(price, payment, quality, quality, time and place of delivery, extent of one party’s liability to the other, the settlement of disputes)
Enquiry from Importer Dear Sirs, We are glad to inform you that we are interested in hand-made gloves in a variety of genuine leather. There is a steady demand here for gloves of high quality and, although sales are not particularly high, good prices can be obtained. Will you please send us a copy of your catalogue for gloves, with details of your prices and terms of payment. We should find it most helpful if you could also
III) 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. * 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. IV)The offeree should receive the offer
II) Contents of the offer shall be sufficiently definite, i.e., trade terms of the offer shall be complete, clear and final • The “Convention” stipulates that a sufficiently definite offer should include three basic elements: name, quantity and price.
撤 回
YES
撤 销
YES
发盘无效
TERMINATION OF AN OFFER
In the following cases, an offer is terminated: • The offeree rejects or makes a counter offer • The offer has been lawfully withdrawn or revoked before acceptance • The time validity stipulated in the offer becomes due
Make an Inquiry after Obtaining Information from the Internet
Dear Sirs, We obtained the information of your company from the website of www.alibaba.com. We are interested in offers for 2000 metric tons of Melon seeds of this year crop. Will you please let us have your offers for the melon seeds in gunny bags with full details of description and origin. We await your news with interest
• There are two kinds of offers, one is the firm offer, the other, non-firm offer.
(2)THE BASIC CONDITIONS OF A FIRM OFFER
I ) The offer shall be made to one or more speCFRic persons
2. Offer （1）The meaning of an offer
• An offer is a proposal made by sellers to buyers in order to enter into a contract. In other words, it refers to trading terms put forward by offerors to offerees, on which the offerers are willing to conclude business with the offerees.
TIME THAT AN OFFER BECOMES EFFECTIVE
– Different views of the time that a written form offer becomes effective ：
A. Despatch Theory B. Arrival Theory Both “convention” and our “contract law” adopt arrival theory.
Dear sirs, We confirm your fax of 10th august, asking us to make you an offer for the captioned personal computers, FOB Xingang. Now we are making you an offer as follows: Commodity: DELL Personal Computer SpeCFRication: CPU Inter Pentium Ⅳ 2.8G Quantity: 2,000 sets Packing: Each set is packed in a standard export cardboard carton. Price: US$ 730.00 per set FOB Xingang, China. Shipment: September/October, 2004 Payment: by confirmed, irrevocable L/C This offer is subject to your reply here on
国际贸易实务
INTERNATIONAL TRADE PRACTICE
主讲：高 健
Chapter TWO: BUSINESS NEGOTIATION 1. The form of business negotiation
Two forms: Oral form aຫໍສະໝຸດ Baidud written form
2. Main contents of business negotiation
• As to whether an offer can be revoked or not, different laws have different explanations • The “Convention” adopts a compromise regulation
发盘流程
发盘 送达生效 发盘失效
2)SpeCFRic enquiry: inquire about name of commodity, speCFRications, quantity, unit price, date of shipment ,payment terms and packing, etc..
SPECIMEN LETTERS