【文章內(nèi)容簡(jiǎn)介】 Enquiries詢價(jià) ? An enquiry is usually made by an importer to an exporter, asking for prices lists, catalogues, samples, and details about the goods or trade terms. ? However, the exporter, on receiving the enquiry, will make a reply to, thus getting the negotiation started. Business negotiations in foreign trade usually mence with an enquiry by an overseas buyer to a seller to inquire about the terms of the sale. Offers 報(bào)盤 ? Definition ? An offer is a good proposal that is made to a specific individual or entity to enter into a contract. The proposal must contain definite terms and must indicate the offeror’s intent to be bound by an acceptance. ? The party that sends the offer is called the offeror and the another party that receives the offer is called the offeree. Definition of an offer ? A proposal for concluding a contract addressed to one or more specific persons constitutes an offer if it is sufficiently definite and indicates the intention of the offeror to be bound in case of acceptance. (CISG Art 141) ? CISG: United Nations Convention on Contracts for the International Sale of Goods 《 聯(lián)合國(guó)國(guó)際貨物銷售合同公約 》 Withdrawal of offer撤回發(fā)盤 ? The withdrawal of offer means that the offeror, for some reason, withdraw his offer before it reaches the offeree or before it bees effective. ? This may happen when the offeror finds that the offer he makes contains some mistake, or that the situation has changed which makes his offer unfavorable to him. Revocation of offer撤盤 ? To revoke an offer means that when the offer has reached the offeree, it has bee effective, the offeror acts to revoke the offer thus to kill its effectiveness. ? The Convention agrees in principle that an offer is revocable before the note of acceptance is dispatched but provides that on the following two occasions, an offer is irrevocable. A. It indicates, whether by stating a fixed time or otherwise, that it is irrevocable. B. if it was reasonable for the offeree to rely on the offer as being irrevocable and the offeree has acted in reliance on the offer. Termination of offer 終止發(fā)盤 ? “An offer, even if it is irrevocable, is terminated when a rejection reaches the offeror” (CISG ). Offers ? According to different criteria, offers can be classified into various kind: ? Selling offers—offers made by the seller ? Buying offers—offers made by a buyer ? Firm offers or offers with engagement ? Indefinite offers or offers without engagement Firm offers實(shí)盤 ? A firm offer or an irrevocable offer or an offer firm, is intended to make a contract with the offeree. ? The terms or conditions put forward in the offer can not be revoked or amended without consents from the other party. Once it is unconditionally accepted by the offeree within its validity, the transaction is pleted and a contract is concluded immediately. Until this time, the offer has legally binding force on the both parties. ? Such offer usually has phrases like: “we offer firm, or we make a firm offer for the following goods”. Indefinite offers虛盤 ? An indefinite offer is not binding on the offeror, and is stated unclear, inplete and with reservation. Some expressions can help the reader to identify this nature of the offer, such as, reference price, subject to our final confirmation, subject to being unsold. ? Actually, quotation sheets and price lists can serve as offers without engagement because they only include part of the terms, such as descriptions, specifications and unit prices. They do not include those terms about shipment, payment etc. Counteroffers 還盤 ? Definition ? A counteroffer is a reply to an offer that materially alters the terms of the offer. ? The party who has received the offer is not in a position to fully accept the business terms offered. He may make a counteroffer, in which some alternations have been made about the business trade terms, such as, the price or other terms with the purpose of bargaining. ? There are also two kinds of counteroffer: one with engagement and the other is without engagement. Acceptance (Accept) 接受 ? Definition ? An acceptance is an unconditional assent to an offer, or an assent conditioned on minor changes that do not affect material terms of the offer. ? The acceptance, in practice, serves to conclude the business transaction. It must be absolute and unconditional, otherwise, it is not an acceptance but a counteroffer. ? An acceptance may be tendered only by the person to whom the offer is directed. ? It is a regular practice in international trade that a written contract is usually signed to bind both the seller and the buyer. ? A formal contract should be prepared in duplicate. Both parties should sign each copy, and each party should keep a sign of it. ? Some of the contracts monly used in foreign trade are available in printed forms, so that only the date, price, name of modities, names of parties, and similar particulars are needed to be filled in. Formation of contracts 合約形成 Definition of contracts ? A contract is simply an agreement that defines relationship between one or more parties. A mercial contract, in the simplest term, is merely an agreement made by two or more parties for the purpose of transacting business. ? If the seller works out a contract, it is called a sales contract。 or if the buyer works it out, it is called a purchase contract. Business procedures ? enquiry → offer → counteroffer → acceptance → formation of contract. ? Apply for opening a letter of credit through a bank→ receive a plete set of shipping documents→ check or examine the documents in strict conformity with each other → apply for the modity inspection and quarantine → apply for customs entry amp。 customs formalit