国际商务信函写作（英文版）Unit 4 Enquiry & Reply.ppt

An offer may be made in a reply to an enquiry or made voluntarily aiming to expand business. It is usually sent from the seller to the buyer, which is a Selling Offer (售货报盘)，but sometimes the buyer sends an offer to the seller, which is a Buying Offer (购货报盘) or a Bid (递盘)。 发盘（报价、报盘）： 交易的一方向另一方提出买或卖某项商品的各种交易条件并愿意按所提出的条件与对方达成交易，这种口头的或书面的表示即称之为报盘（报价、发盘）offer. In practice, offers fall into two types: firm offer: an offer, usu. in written form, which states it may not be withdrawn, revoked, or amended for a specific period of time.实盘 non-firm offer: an offer which is not binding upon the sellers and the details of the offer may change in certain situations. 虚盘 实盘(firm offer) 即指有约束力的发盘。是发盘人有肯定订立合同的意图。实盘一旦由交易的另一方（受盘人）有效接受，发盘人对其发盘的内容，在有效期内不得随意变更或撤销，否则发盘人将承受违约的法律后果。实盘所列的交易条件必须肯定、明确，不能含糊和模棱两可；也不应有任何保留。 Firm Offer（实盘） Four indispensable conditions for a firm offer 实盘的4个要件 Validity of a firm offer 实盘的有效期 Withdrawal and revocation of a firm offer 实盘的撤回和撤销 Termination of a firm offer实盘的终止 Content of a firm offer 实盘的内容 Four indispensable conditions for a firm offer（实盘的4个要件） 1）Specific person(s) 2）Intention 3）Completeness, clearness and finality 4）Communication of offer Specific person(s) Specific person(s) means that an offer should be addressed to one or more specific person(s), rather than to the public. According to Article 14 (2) of United Nations Convention on Contracts for the International Sale of Goods (CISG), “ a proposal other than one addressed to one or more specific persons is to be considered merely as an invitation to make offers, unless the contrary is clearly indicated by the person making the proposal.” Intention Intention or contractual intent suggests that the purpose to make the offer is no other than entering an agreement with the offeree upon acceptance. Indication of contractual intent can be made either by stating “offer”, “firm offer” or by stipulating the time of validity of the offer, or implicitly with a cus