国际贸易习题概要.pptVIP

* * * * * 案 例 我一进出口公司向国外某商人询问一商品，不久，我方收到对方8月15号的发盘，有效期至8月22号。我方8月20日向对方复电：若价格能降至56美元/件，我方可接受。对方未答复。8月21日，我方得知国际市场行情有变，于当日又向对方去电表示完全接受对方8月15日的发盘。问我方的接受能否使合同成立？为什么？ （四）接受的撤回或修改（withdrawal） 《公约》第22条：接受撤回的条件－－撤回的通知不晚于接受通知到达发盘人。 接受一旦生效，合同即告成立，不再存在撤销问题。 以行为表示接受时，不涉及接受的撤回问题。 采用传真、EDI、电子邮件等形式订立合同，发盘和接受都不可能撤回。 SEIB OF GDUFS * Example: Price Communication E 30/6 Your fax dated 29th: we offer until 4/7 here 200M/T CIF USD1950,immediate shipment and payment by sight L/C. I 2/7 your fax dated 30th: client is interested. But discussion takes time and we need offer to be valid for 10 days. Any possibility to increase quantity and to decrease price? E 3/7 Your fax dated 2nd: quantity can be increased to 300M/T, offer valid until 15/7 here I 9/7 your fax dated 3rd: please airmail 2KG samples and consider further increase of quantity and decrease of price. E 10/7 your fax dated 9th: samples have been sent. We offer you a special price of 1900. Please reply promptly. SEIB OF GDUFS * I 14/7 your fax dated 10th: please further defer the firm offer of 300M/T USD1900 since the samples are not received yet. Decision will be available one week after the receipt of samples. E 17/7 Your fax dated 14th: we agree to extend the validity period to 25/7. I 22/7 your fax dated 17th: we accept your offer of 300M/T CIF 1900. Please arrange immediate shipment, payment by L/C. Certificate of Origin and seaworthy packing should be provided. E 24/7 your fax dated 22nd: market changed. Goods had been sold before we received your fax. Example: Price Communication SEIB OF GDUFS * I 25/7 your fax dated 24th: difficult to accept your apology. Your fax dated 17th agreed to extend the validity period to 25th. Your withdrawal of firm offer goes against practice. If you want to adjust your price we can negotiate with client with no guarantee of acceptance. E 29/7 Your fax dated 25th: we are sorry but the 300M/T have been sold already. The best we can do now is to provide 200M/T@2650, shipment during Au