国际贸易实务chapter 12 13.pptVIP

分析：还盘实际上是受盘人以发盘人的地位发出的一个新盘。原发盘人成为新盘的受盘人。 还盘又是受盘人对发盘的拒绝，发盘因对方还盘而失效，原发盘人不再受其约束。 Counter-offer An offer made by an offeree to an offeror, accepting some terms and changing other terms. Can be made verbally or in writing Virtually a rejection of the offer and a new offer A reply to an offer which purports to be an acceptance but contains additions, limitations or other modifications is a rejection of the offer and constitutes a counter-offer. Additional or different terms relating, among other things, to the price, payment, quality and quantity of the goods, place and time of delivery, extent of one partys liability to the other or the settlement of disputes are considered to alter the terms of the offer materially. 有关货物价格、付款、货物质量和数量、交货地点和时间、一方当事人对另一方当事人的赔偿责任范围或解决争端等等的添加或不同条件,均视为在实质上变更发盘的条件。 Acceptance The assent to the terms of an offer, required before a contract can be valid. Must be absolute and unconditional Can only be made in the form of a statement (verbal or in writing) or any other conduct by an offeree, the particular person or a group of persons, who are clearly stipulated in a firm offer. Inactivity is no acceptance Must be made within the life of a firm offer Must use the means authorized by the offeror to communicate the acceptance. An acceptance of an offer becomes effective at the moment the indication of assent reaches the offeror. An acceptance is not effective if the indication of assent does not reach the offeror within the time he has fixed or, if no time is fixed, within a reasonable time, due account being taken of the circumstances of the transaction, including the rapidity of the means of communication employed by the offeror. An oral offer must be accepted immediately unless the circumstances indicate otherwise. A reply to an offer which purports to be an acceptance but contains additional or different terms which do not materially alter the terms of the offer constitutes an acceptance, unless the offeror, without undue