offer (发盘).doc

OFFER Team 5 阿拉依-1111081101 鲍嫚迪-1111081102 陈美惠-1111081104 刘雅仙-1110650104 1. What is an offer? 1.1 Definition An offer is a proposal to sell or buy a specific product or service under specific conditions. Offer can be made by seller or buyer .(If it made by buyer , it is called bid(递盘).) The expression of an offer may take different forms, such as a letter, newspaper advertisement, fax, email and even conduct, as long as it communicates the basis on which the offeror is prepared to contract. 1.2 Conditions of the effective offer 1) The offer should be sent to one or more than one particular person. if it doesnt specify the offeree, it will be regarded as an offer of invitation only, or invitation to offer. 2) The contents of the offer must be specific . It means an offer must be clear, definite, complete and final. 3) An expression of hope that want to make a contract with offeree. Offeror should mention that when the offeree accepted the offer, whice means offer terms and conditions entered into a contract . he will the undertake the legal responsibility togethere with offeree. 4) The offer must delivery to offeree. an offer will be effective when it reach to offeree. 1.3 Type of the offer An offer may either be a firm offer or a non-firm offer. 1.3.1 Firm offer A firm offer is made when a seller promises to sell goods at a stated price usually within a certain time limit. It must be clear, definite, complete and final. It is irrevocability . But As a general rule, all offers are revocable at any time prior to acceptance, even those offers that purport to be irrevocable on their face. In a firm offer the following should be given: the description of the commodity, the unit price, quantity, specifications, the time of shipment ,the mode of payment, the detailed information of the goods etc. If possible, samples will be provided. 1.3.2 Non-firm offer A non-firm offer may contain fewer items than firm offer. It doesn