外贸函电实例:询盘_发盘_还盘_接受
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从发盘到接受的心得
国贸1202 郑通达询盘:Also known as the inquiry, is to buy or sell a part of the transaction, the sale of the goods to the other side of the transaction conditions.
The contents of an inquiry may be related to the price, specification, quality, quantity, packing, shipping and claim of the sample, but most of them are only asking price. Therefore, the inquiry is often referred to as the inquiry.
Inquiry is not each transaction must pass through the program, such as parties to the transaction each other to understand the situation, don't need to ask the closing trading conditions or the possibility, it is not necessary to inquiry, directly to the other offer.
Classification of inquiry:(1) the buyer's inquiry
The buyer is unsolicited to foreign manufacturers for the purchase of goods correspondence. In the actual business, the inquiry is usually made by the buyer to the seller.
1、for most staple commodity, should also to different regions, countries and companies were finishers, to understand the international market, strive for the best terms of trade
2、to the specifications of a wide variety of products, not only to ask the price, but also the requirements of the other party to inform the detailed specifications, quantity, etc., so as not to return to consultation, waste of time.
3、The inquiry on the issue of people were not legally binding, but to avoid inquiry without sincerity to buy, otherwise easy to lose credibility.
4、For the goods monopoly, should be made more varieties, ask one one quotations, the other in case of their prices.
(2) the seller's inquiry
Is issued by the seller to the buyer to consult the views of its purchase of a message.
Seller of foreign customers inquirer is mostly under the anomalous turbulent changes and the relationship of supply and demand in the market, snoop market actual situation, choose the transaction time, take the initiative to find a favorable terms of trade.
发盘:One party to a transaction in order to sell or purchase a batch of goods,
put forward the relevant terms of the transaction to the other party, and expressed willingness to conclude the deal on these terms, this means that the behavior called offer.
A legally valid offer, must have three conditions.
1、is to offer a (or several) specific offer puts forward a proposal for concluding
a contract. (note that concept to and the phase difference between the "offer invitation")
2、 Offer the content to determine, once to accept the offer, the contract is formed. If the content is not determined, even if the other party to accept, also can not constitute a contract.
3、the offer shall show that under constraints will according to the conditions of the offer of a contract with each other. For example: (1) offer to use that term. Such as "offer", "no cancel an offer", "bid", "irrevocable delivery disc", "order", "orders" and so on. (2) clearly defined period of validity. "... XX, limited to effective", "to our final confirmation of effective", "to be sold as a quasi", etc.. The contents of an offer, including generally contain the merchandise of quality, quantity, packing, price, delivery, payment and other six major aspects of trading conditions. The provisions of the fourteenth article of the Convention "... A suggestion that if the goods are to be expressed or implied by the quantity and price or the price, that is, to determine the quantity and price." So, an offer as long as the product contains the name, quantity, price of the three conditions, even if complete.
接受:Acceptance is a kind of recognition of human behavior. By disc within the
validity period of the offer and unconditionally agreed to offer proposed by the terms and conditions, be willing to conclude the business according to these conditions, and the other a representation. Accept (Acceptance) in the law known as "commitment", accept once delivered to the offeror, the contract is founded. Both parties shall perform the obligations under the contract and have the corresponding rights.
According to the interpretation of the Convention, an effective acceptance shall be of the following 4 conditions:
A.、must be accepted by the offeree to make other people agree to the offer, not constitute acceptance. In a condition of this condition and offer the echoes. The offer must be sent to a specific person, it means that the offeror to according to the terms of the offer and offer the conclusion of the contract, but it does not mean that he is willing to conclude a contract according to these conditions with anybody. Therefore, acceptance can only be made by the people who are in effect.
B、the offeree accepts, to take a declarative way in oral or written statement to the offeror to clear out. In addition, it can also be used to express acceptance.
C、accept the content and the contents of the offer is consistent, acceptance should be unconditional. But in business, often this situation, by disc in reply using the acceptable words, but to the content of the offer made increased, the limit or modify it in law called conditional acceptance, can not be accepted as an effective, and belongs to a counter-offer.
Notice
D、 accepted the offeror to be served in order to offer effective period of the offer are usually effective in term of validity. This period has a double meaning: on the one hand, it is about hairdo disc, the offeror obligations, within the period of validity can not be arbitrarily revoke or modify the offer date is no longer subject to the constraint;