进出口合磋商.ppt

进出口合同的磋商和履行 Negotiation of Contracts  1. Mode of negotiation Oral negotiation Negotiation by writing 2. Procedure of negotiation INQUIRY OFFER COUNTER-OFFER ACCEPTANCE 2.1 Inquiry（询价） invitation to offer（买方询价、邀请发盘） invitation to bid（卖方询价、邀请递盘） pay attention to the contents, purpose and effectiveness of an inquiry e.g. (1) Please offer Chinese rosin ww grade 100 M/T August shipment CIF Antwerp. (2) We can supply Chinese rosin ww grade shipment Aug./Sept. please firmbid. 2.2 Offer（发盘／发价） offer with engagement (firm offer，实盘) offer without engagement（虚盘） 2.2.1 Meaning and terms of the offer According to United Nations Convention on Contracts for the International Sale of Goods(Vienna, 1980)（联合国国际货物销售合同公约） 含义：向一个或一个以上特定人提出的订立合同的建议，如果内容十分确定，且包含一旦受发价人接受即承受其约束的意旨，即构成发价。 Validity terms： Specifically offeree The contents of the offer must be sufficient definite Indicates the intention of the offeror to be bound in case of acceptance Becomes effective when it reaches the offeree 2.2.2 Duration of Offer（发盘的有效期） Offer subject reply May fifteenth. Offer subject reply reaching us fifteenth our time. This offer is valid for five days. In reasonable time. 2.2.3 Withdrawal of a firm offer（撤回） An offer, even if it is irrevocable, may be withdrawn if the withdrawal reaches the offeree before or at the same time as the offer. 2.2.4 Revocation of a firm offer（撤销） Conditions of a firm offer which cant be revoked Indicates, whether by stating a fixed time for acceptance or otherwise, that it is irrevocable Using the word of irrevocable although not stipulate the validity time 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 2.2.5 Failure of a Firm Offer（实盘的失效） Counter-offered by the offeree Offeror has revoked the offer effectively Expiry of the validity time stipulat