《国际经济与贸易教学讲义》Chapter_13.pptVIP

Chapter 13Trade Negotiation and Formation of the Contract Learning Objectives 1. To understand the constitution of an offer; 2. To learn the withdrawal and revocation of an offer; 3. To learn the constitution and withdrawal of an acceptance; 4. To understand the importance of contract in written form. Trade Negotiation 交易磋商 Forms of trade negotiation： 口头（面谈、电话） 书面（信函、电报、电传、传真、电子邮件等） Contents of trade negotiation： 交易条件（即合同条款） Procedures of trade negotiation： Enquiry (询盘) Offer(发盘) Counter-Offer(还盘) Acceptance(接受) 1. Enquiry 询盘 Enquiry is also known as invitation to offer. Both importers and exporters can make use of this step to initiate a potential transaction. 询盘, 又称询价，是指交易的一方为购买或出售某种商品，向对方口头或书面发出的探询交易条件的过程。 法律上称“邀请要约”，不具有法律约束力，也不是交易磋商的必经程序，但往往是一笔交易的起点。 1. Enquiry 询盘 表示询盘的术语： Please advise/ quote/ offer… Interested in … please… E.g. (by cable): “INTERESTED IN BUTTERFLY BRAND SEWING MACHINE PLEASE QUOTE.” Please make us a cable offer for 5 metric tons of walnut. 请电报5吨核桃仁的价格。 Sample Letter of Enquiry Dear Sirs, We are interested in buying large quantities of steel screws in all size. We would be obliged if you would give us a quotation per kilogram CF Liverpool, England. It would also be appreciated if you could forward samples and your price list to us. We used to purchase these products from other sources. We may now prefer to buy from your company because we understand that you are able to supply larger quantities at more attractive prices. In addition, we have confidence in the quality of your products. We look forward to hearing from you by return. Yours faithfully, 2. Offer 发盘 An offer is a proposal that is made to a certain individual or legal entity to enter into a contract, which is definite in its terms, and which indicates the offeror’s intent to be bound. 发盘, 又称发价，是指交易的一方向另一方提出一定的交易条件，并表示愿意以这些条件达成交易并签订合同的一种口头或书面的表示。法律上称“要约”，在其有效期内对发盘人具有法律约束力，是交易磋商的必经程序之一。 2. Offer An offer may be made by the seller (selling offer) or the buyer (buying