外贸实务英文版 第一部分.docVIP

CHAPTER 1 1 .THE INTERNATIONAL TRANSACTION ON THE SALE OF GOODS 1.1 The sale contract The outcome of an international transaction is a contract of sale, in which goods are intended to move across the border. It constitutes an agreement, also referred to as a contract, in which the seller undertakes to deliver something and the buyer agrees to pay the agreed price. The agreement must include all elements that are important to the two parties. As we shall see, international transactions are much more complex than domestic transactions. 1.2 The offer or quotation Upon inquiry of the prospective buyer, the transaction usually starts with an offer or quotation, in which the seller specifies the terms and conditions under which, and the price at which, he is prepared to supply particular goods. The buyer may then decide whether or not to place the order. If the quotation is firm, this represents an unconditional undertaking on the part of the seller. If the buyer accepts, a sale contract has been concluded. Since he does not wish to be tied for an indefinite period, the seller normally specifies a period of validity for the quotation: ‘firm until…’. If he fails to do so, under most legal systems he will be tied for a reasonable period. The length of this period depends on the type of trade and can vary from a few hours which is common in international bulk trade, to a few months in less hectic sectors such as that of engineering works. Nevertheless, failure to state the time of validity of a quotation is vague and leads to uncertainty. Bulk trade is also referred to as commodity trade, commodities being homogeneous or generic goods like grain, which are traded in minimum quantities at standard qualities. A quotation that includes the clause `without engagement is really a kind of option or price listing: if the customer accepts, the seller can still decide not to deliver. If the customer places the order, the seller must first confirm the order before a contract of sa