商务英语谈判Types of BN

1、Types of Business Negotiation lSales of Goods lInvestment lTechnology Transfer 外语教学与研究出版社外语教学与研究出版社 lBulk commodities 散装货lSeaworthy packing 耐航包装lCustomary packing 习惯包装lPromissory note 本票lMail transfer 信汇lPartial shipment 分批装运lMultimode 多式联运l lWhat Should Be Negotiated lQuality lQuantity lPacking lPa

2、yments lShipment lInsurance lClaim and Arbitration lTips for sales negotiationlAll terms concerning the transactionlSpecific clauses in a contractlSale by sample;lSale by description and illustration;lSale by trademark or brand;lSale by place of origin;lSale by specification, grade or standard.lSale

3、 by Description （凭说明买卖）lSale by Sample （凭样品买卖）lSale as it is (看货成交) 外语教学与研究出版社外语教学与研究出版社 案例案例 某公司与日本某会社签定一单凭我样品出口“土纸”合同。货抵横滨港后，经开箱检验，日方即以货品不符合同品质约定为由，向我提出异议索赔。 我方：复验，与样品相符，拒付 日方：部分工序为机械操作，继续索赔 我方：同意酌情给予赔偿 1. 1. 致损原因：二个质量标准致损原因：二个质量标准 2. 2. 风风 险：多个标准同时存在，交叉约束险：多个标准同时存在，交叉约束 3. 3. 规避方法：样品是表示品质的唯一依据规避方

4、法：样品是表示品质的唯一依据lSale by Specification, Grade or Standard（凭规格，等级，标准）lSale by Brand Name or Trade Mark（凭品牌或商标）lSale by Name of Origin（凭产地名称）lSale by Description and Illustration （凭说明书和图样）ContentGradeTungstenTrioxide (Min.)Tin (Max.)Arsenic (Max.)Sulphur (Max.)Superior1270%65%65%0.2%0.2%0.1%0.2%0.2%0.2%

5、0.8%0.8%0.8%lOrder a sample before committing to a purchase order lUse Pre-Shipment Inspection Services. lPacking lIn case failure to ensure that the quality of the goods delivered is in accordance with the contract or sample. lWeight: metric ton, kilogram, pound, ounce, gram,lNumbers: piece, pair,

6、set, dozen, grosslLength: meter, foot, yard, mile, inch,lArea: acre, square yard, square footlVolume: cubic meter, cubic yardlCapacity: liter, gallon, bushel, etc.lImportance of packing：Preventing or minimizing the damage of shipment;Promoting product sales;Avoiding possible rejection of the shipmen

7、t by the buyer.lThree types of commodities Bulk CommoditiesNude Packed Commodities Packed CommoditieslThree types of packinglTransport PackinglSales Packing lNeutral PackinglSpecial Request for packinglAlso called big packing or outer packinglCharacteristics of Transport PackingBe solid and durable

8、and adaptable to changing climates;Be uniformAs small and light as possible lTypes of Transport PackinglBags/SacklCarton件lCase lCrate lDrum lBale 捆lCanlCarboy大玻璃瓶lContainerlPallet运货板l干货集装箱（Dry Cargo Container） 20Steel Reefer with Meat Hang System20钢质挂肉冷藏箱钢质挂肉冷藏箱 lSales packing (inner packing, small

9、packing or immediate packing) is mainly used for the purpose of promoting sales.A silent salesman lFunctions of sales packingFor Display and saleFor Identification of the commodityFor consumer convenience in uselPiling-up PatternlHanging-up PatternlSpreading-up PatternlTransparent pattern and window

10、ed patternlCustomary Packing PatternlPattern for Carrying aboutlPattern for Easy OpeninglPattern for Spraying outlPattern for Forming a Complete Set（套装）lPattern for Showing off a GiftlAvoid using unclear terms such as seaworthy packing and customary packing lSpecial request for packingThe shipping m

11、arks Indicative markslThe importance of and consistency in using shipping marks Packing, invoice, insurance policy（保险单）, certificate, bills of lading（提货单）, etc.lISO standard shipping marks:Simple and clearProper position, durable colorNo advertising allowedlConsignee收件人收件人 or Consigners CodeAbbrevia

12、tions: TEC, ITClReference Number Number of sales contract, L/C, etc.lPort of Destination lPackage NumberThe total number of the whole lot of consignment and individual package number e.g. NO.28/800lIndicative Marks refer to the requirements and matters which need serious attention for the process of

13、 transporting, loading, unloading and storing goods. lTypical Marks: 外语教学与研究出版社外语教学与研究出版社 外语教学与研究出版社外语教学与研究出版社 lPayment Terms lHow to Protect Yourself Against Payment Risk lAmount of paymentlTime of paymentlConditions of paymentlMethods of paymentlRemittance汇款汇款 mail transfer (M/T) telegraphic trans

14、fer (T/T), remittance by bankers demand draft（即期汇票）, D/DlCollection Documents against payment (D/P)付款交单Documents against acceptance (D/A)承兑交单lLetter of credit (L/C) 信用证信用证Beneficiary收款人 Remitting Bank汇出行 Paying Bank付款行Remitter汇款人123Workflow of M/T ,T/T1 application and payment 2. telegraph or mail t

15、he order3. payment 143Workflow of D/D1. Application and payment（申请及付款）2. Draw the Bankers Demand Draft3. Send the Draft4. Demand for payment of draft2Remitter Remitting Bank Paying BankBeneficiary3Documentary collection is a method of effecting payment for goods whereby the seller ships goods to the

16、 buyer, but instructs his bank to collect a certain sum from the buyer in exchange for the transfer of relevant documents.Drawee/importerRemitting bank Collecting bank123Workflow：D/P(1) shipment (2) present documents(3) send documents and Instructions(4) advise the importer7456(5) make payment or ac

17、ceptance and get documents(6) send funds(7) pay the exporterPrincipal/exporter lPrincipal is the one who draws the bill of exchange and authorizes his bank to effect the collection.lRemitting bank is the bank authorized by the drawer of the draft to effect collection from the buyer. Usually at the s

18、ellers place.lCollecting bank is the bank authorized by the remitting bank to collect the payment from the drawee. Usually in buyers country.lDrawee is usually the buyer of the goods who should make payment of the goods in time.lDocumentary lCollection lDocuments against lpayment at sightl(D/P at si

19、ght)lDocuments against lpayment lafter sight/datel(D/P after sight/date)lDocument against lAcceptance (D/A)lThe seller hands the shipping documents with a draft to the remitting bank, which will present them to the buyer.lThe buyer upon sight makes the payment and get the documents.lThe collecting b

20、ank get the payment and notifies the remitting bank to pay the seller.lThe shipping documents to be delivered against payment only.lThe buyer will pay the draft amount on the specified time.XX days after sightXX days after date of B/LXX days after date of the draftlThe documents will be released unt

21、il the payment is made.lThe seller has to wait for a period of time to get the payment.lUnder D/A, the buyer can get the documents from the collecting bank after he has duly accepted the draft.lIn some countries, D/P after sight/date is regarded as D/A.lThe issuing bank has primary liability for pay

22、ment. 开证银行负第一付款责任。lL/C is a self-sufficient instrument. 信用证是一项自足文件。lDocumentary credit is a pure documentary transaction. 信用证方式是纯单据业务lAA AAApplicantAdvising bankBeneficiaryIssuing bank1. The buyer and seller conclude a sales contract specifying documentary credit as the method of payment.2. The buye

23、r instructs his bank, the issuing bank to issue a credit in favor of the seller.3. The issuing bank opens the credit and sends it to the advising bank.4. The advising bank informs the seller that the credit has been issued. As soon as the seller receives the credit and is satisfied with the terms an

24、d conditions, he is in a position to load the goods and dispatch them.5. the seller then send the documents evidencing the shipment to the negotiating bank and the bank will negotiate according to the terms of the credit.6. The bank sends the documents to the issuing bank.7. The bank effects payment

25、 in accordance with the credit if the documents meet the requirements.8. The issuing bank releases the documents to the buyer upon payment of the amount due, or upon other agreed terms between the buyer and the issuing bank.lAvoid open-account with new partner and a letter of credit is suggested.lSu

26、fficient background checks. lIf the seller seems more focused on payment than any other issue, or indicates that cash payment must be made urgently, more caution should be given to the transaction. lTo develop a long-term relationship with our customers based on mutual trust.lShipping documents comp

27、ared to domestic onesthe name of the exporting carrier the latest allowed arrival date at the port of export. instructions for the inland carrier to notify the international freight forwarder on arrival.运输方式运输方式国际联运国际联运航空运输航空运输多式联运多式联运多式联运经营人多式联运经营人民航公司或民航公司或外运外运铁路始发站铁路始发站签发人签发人海运提单（海运提单（B/L）船长或船公司船

28、长或船公司或其代理或其代理外运公司外运公司邮局邮局邮政运输邮政运输港、澳港、澳海洋运输海洋运输送银行办理议付的运输凭证送银行办理议付的运输凭证货物收据（货物收据（Cargo Receipt） 邮包收据（邮包收据（Parcel Post Receipt）铁路运单副本铁路运单副本 航空运单（航空运单（MAWB或或HAWB）多式联运单据（多式联运单据（MTD）或）或 集装箱联运提单（集装箱联运提单（CTB/L）铁铁路路TransportationmodeAirInternationalMTMTOAirlines orFreight forwarderDepartingRailway stationi

29、ssuerOcean B/LShipping companySino-transPost officeParcel postHK, MacaoMarine Shipping document for bank negotiationCargo ReceiptParcel Post ReceiptCopy of railway bill MAWB or HAWBMTDRailwayInternational combinedlA through bill of lading under a multimode contract lConsult with a freight forwarder

30、when determining the method of international shipping, lConsidering the cost of shipment, delivery schedule, and accessibility to the shipped product lA free-trade zone or a free port lWho is responsible for delivering the goods lPlace of shipment and destinationlThe date and time of deliverylWho is

31、 responsible if the goods are lost or damaged during delivery, or if the goods are delayed? lPartial shipment and transshipmentlExport shipments are usually insured against loss, damage, and delay in transit by cargo insurance. lFor air shipment, air waybill serves as insurance certificate; for sea

32、shipment, insurance certificate is issued as evidence of the existence of the marine insurance policy. lThe marine insurance policy is a contract between the insured and the insurer, and its principal purpose is to define the terms of the agreement between the insured and the insurer. lWho buys insu

33、rance a buyer should strive to sign a contract in FOB and CFR terms and a seller should strive to sign a contract in CIF terms. lWhat kind of insurance lThe amount to be insured 基本险别基本险别Basic Risks附加险别附加险别Additional Risks一切险（一切险（AR）平安险（平安险（FPA） 水渍险（水渍险（WPA/WA）一般附加险一般附加险General additional risks特殊附加险特

34、殊附加险Special additional riskslTheft, Pilferage, and Non-Delivery (T.P.N.D) (偷窃，提货不着)lFresh water and/or rain damage （淡水雨淋险）lShortage （短量险）lIntermixture and contamination （混杂、玷污险）lLeakage （渗漏险）lClash and breakage （碰损、破碎险）lTaint of odor （串味险）lHook damage （钩损险）lBreakage of packing （包装破裂险）lRust （锈损险）lHea

35、ting and sweating （受潮、受热险）lBreach of a contract arises where any party does not abide by the stipulations of the contract. lClaim（索赔） refers to that in international trade, one party breaks the contract and causes losses or damages to the other party directly or indirectly, the injured party may ask

36、 for compensation for the losses or damages.lMake clear what the claim islDo not let anger show and avoid sarcasmlGive the facts calmly, specifically and thoroughlylRequest action: a replacement, repair, refund or compensationl协商 Consultation (two parties)l调解 Mediation (a third party as mediator )l仲

37、裁 Arbitration l诉讼 LitigationlArbitration is a means of settling a dispute between two parties through the medium of a third party whose decision on the dispute is final and binding. lThe place of arbitrationlOrganization of arbitrationlApplicable rules of arbitrationlThe binding force of arbitration

38、lReduce the buyers power with differentiation lTake a strategic viewfrom both sides lManage Power with a SWOT (strengths, weaknesses, opportunities and threats) analysis. lEvaluate the priorities lTrade; dont make unilateral concessions lDiscussion lSimulated Negotiation lOn Arbitration 1.Do you thi

39、nk it necessary to add arbitration clause to the contract? 2.What are the specific elements that need to be negotiated in this clause?3.What are the other resorts to solve disputes? What are the advantages of arbitration over the other solutions?lJoint venture Advantages To expand resources, export

40、experience and market knowledge while spreading the risk and laying a distribution framework. Tax advantages or waivers offered by foreign countries for joint ventures.lNegotiation problemsJoint venture contract has much more potential for causing difficulties and disputes Joint venture involves mor

41、e resources commitment and higher mutual dependence. lTotal investment and registered capital lLabor management lLand use lForeign exchange controls lTerm and Termination lRegistered capital lTotal investment lRatio of capital distribution: the foreign party holds no less than 25% of the registered

42、capital of the joint venture with no maximum. lThe capital contributions may take a variety of forms. lThe composition of the board of directors is to be determined by discussion between the parties. lThe distribution of seats is to be fixed by reference to the ratio of capital contribution. lProvisions regarding employment terms, dismissal and resignation, wages