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外貿函電與寫作 ___Chapter Six Orders and Contracts Aims amp。 Requirements To enable . to know the definition of orders and contracts To enable . to know the steps of dealing with orders and signing contracts To enable . to master the vocabulary and useful expressions Ⅰ Introduction Order An order results from an offer or an inquiry with subsequent quotations. When the buyer gets a confirmation about all terms from the seller, he may place an order. When the seller accepts all the terms risen by the buyer, he may accept the order. So order can be divided into two situations “Place order” and “Acknowledgement of order”. 1. Place Order The buyers place an order after they studied the catalogues, price list, samples from the suppliers. If all the terms are satisfied with them, they will place an order. Usually, every pany has their own Order Sheet (Order Form). When a form is not available, a letter is needed for the order (Order Letter). You must write your order clear and easy to understand. 1) Express the source of your order (from the catalogues, price list, samples). 2) The detail of your order with your requests. (1) Name of modity, Model No., Size, Color. (2) Quantity. (3) Price (What price you can accept.) (4) Packing (5) Date and way of shipment. (6) Payment terms. 3) Ask for the confirmation of your order from the seller. 4) With the hopes of their attention. 2. Acknowledgment of Order When the seller received an order from the buyer, he may write a confirmation letter to acknowledge of the order, or send a sales Notes to confirm the order. 1) Express your thanks for the order. 2) State your acceptance for the order. 3) Include an assurance of prompt and careful attention. (Quality, Packing, Shipment, Invoice, Payment.) 4) Give your hope for further order. 3. Decline of Order and Remendation of Substitute If the seller cannot supply the goods and sometimes there is no stock, you can not supply the goods at present, you may write a letter to decline the order. But it isn’t the only way to decline。 you can remend the buyer to try to buy some substitutes. Of course, when you make remendation of substitute letter, you should consider if the substitute may match the goods the buyer required. 1) Express your thanks of the order. 2) State your regret for being short of the stocks. 3) Remend substitutes. 4) Ask for the prompt confirmation. Order letter ? (1) Opening Paragraph: Express the source of your order (from the catalogues, price list, samples). ? (2) Transitional Paragraph: ? A. Ask for confirming the order. ? B. Some terms asks for—Quality. ? C. Some terms ask for—Packing, Shipment. ? D. Some term ask for—Invoice, Payment. ? (3) Closing Paragraph: Asks for their attention for the order (1) Opening Paragraph: Express your thanks for the order and State your acceptance for the order. (2) Transitional Paragraph: State an assurance of prompt and careful attention. (Quality, Packing, Shipment, Invoice, Payment.) (3) Closing Paragraph: Give your hope for further order. Acknowledgment of Order Decline of Order and Remendation of Substitute (1) Opening Paragraph: Express your thanks for the order. (2) Transitional Paragraph: Express having no stocks and remend substitute. A. Out of stock. B. Remend Substitute. C. Other Reason of Decline. (3) Closing Paragraph: Express your regret of unable to supply the order and hope to do business in future. Contract is an agreement when a seller or a buyer agrees pletely with the terms and conditions of an offer, order or a counteroffer. He will send a Sales Contract (Confirmation) or a Purchase contract (Confirmation) to the other side to ask for countersignature. In sending out the above contracts or confirmations, special attention should be paid to the price, terms of payment, specifications, quality, time of delivery, port of destination, etc. Contract The Forms of Contract There are several forms of contract for trade business with enforceable by law in China. 1) Purchase Contract (Importer. Buyer) 2) Sales Contract (Exporter. Seller) 3) Purchase Confirmations (Short form contract for import.) 4) Sales Confirmation 5) Order (signed by importer or enduser) 6) Indenture agreement (Used by agents) 7) Memorandum (Memo attached to contract, indicating that both parties agree on the correction of certain points of the contract.) 8) Agreement (1) Agency Agreement (2) Exclusive Sales Agreement (3) Distributive Sales Agreement The Structure of Contracts 1) Heading (preamble) It includes title, number of the contract, date and place for signing the contract, parties and preface, etc. 2) Body It includes definition clause, general terms and conditions and the basic clause of the contract, reflecting duties and obligations of both parties. 3) Ending (witness) It includes copies, in the presence of, annex, signature, seal, etc. Purchase Contract 1) Specialized terms (1) Name of Commodity and Specification (2) Quantity. (3) Price. Unit price。 Total value (4) Packing (5) Country of Origin amp。 Manufacture (6) Terms of Payment. (7) Insurance (8) Time of shipment (9) Port of Loading (10) Port of Destination (11) Shipping Mark (12) Other terms. 2) General Terms and Conditions Overleaf (1) Shipping Documents