贸易实务Unit 02.

1、国际贸易实务双语教程国际贸易实务双语教程（第三版）（第三版）(INTERNATIONAL Business Practice)清华大学出版社清华大学出版社Review1 What is international trade?2 What are the major motivations for firms to operate international business?3 What measures do most companies usually adopt to avoid wild swings in the sales and profits?4 Please give th

2、e four major operation forms chosen by most companies.5 What limits a firms sales?6 What does “royalties” mean?7 Please try to finish all the exercise in the text book.Chapter 2 General Procedures of Export and Import Transaction Main Points in this UnitSection One Procedures of Export and Import Tr

3、ansaction（进出口贸易的步骤）Section Two Business Negotiation（交易的磋商）Section Three Basic Qualities for Good Negotiators （优秀谈判人员基本素质）1 What is Exporting 2 Procedures of Export 1) Making market research 2) Marketing and Promotion 3 What is Importing 4 Parties involved in export and import transaction 5 Specialis

4、ts involved in export and import transactions 6 Basic Documents needed in Export and Import Transaction Please look at the following draft (Export Procedures under CIR on the side of Seller)Section One Procedures of Export and Import TransactionExport Procedures under CIR on the side of Seller Accep

5、tanceSigning ContractApplying Import LicenseOpening L/CChartering Space ShipDeliveryChecking L/CArrivalDeclare and DischargeConclusionDischargeTrack GoodsInsuranceSettlementClaims, AdjustmentProcedures of Import Transaction Market Research Any exporter who wants to sell his products in a foreign cou

6、ntry or countries must first conduct a lot of market research. Market research is a process of conducting research into a specific market for a particular product. Export market research, in particular, is a study of a given market abroad to determine the needs of that market and the methods by whic

7、h the products can be supplied. The exporter needs to know which foreign companies are likely to use his products or might be interested in marketing and distributing the products in their country. * the exporters * the importers* the port authority * the shipping company (for sea freight)* the airl

8、ine (for air freight) * the insurance company or brokers* the exporters bank * the importers bank* the railways (in some cases) in the importer country* the road hauler ( in some case) in the importer country* the shipping agent at the port or airport of discharge* the shipping agents at the port or

9、 airport of loading* the railway (in some cases)in the exporters country* the road hauler (in some cases) in the exporters countryParties involved in export and import transactionParties Involved in Exp. & Imp. Transaction* the exporters* the importers* the port authority* the shipping company (

10、for sea freight)* the airline (for air freight)* the insurance company or brokers* the exporters bank* the importers bank* the railways (in some cases) in the importer country* the road hauler ( in some case) in the importer country* the road hauler ( in some case) in the importer country* the shipp

11、ing agent at the port or airport of discharge* the shipping agents at the port or airport of loading* the railway (in some cases)in the exporters country* the road hauler (in some cases) in the exporters countrySpecialists involved in export and import transactionsA shipping agent and /or foreign fo

12、rwarder (forwarding agent) will take responsibility for the documentation and arrange for the goods to be shipped by air, sea, rail or rail. Theses services may be carried out by the suppliers own export department, if they have the expertise. Airlines, shipping lines, railway companies or haulage c

13、ontractors will actual transport the goods.Both the importers and exporters banks will be involved in arranging payments if a letter of credit or bill of exchange is used.Customs and Excise officers may need to examine the goods, check import or export licences and charge duty and /or VAT.A chamber

14、of Commerce may need to issue a certificate of origin, if this is required by the importers country.An insurance company insures goods in transit. A lawyer if a special contract has to be drawn up. An import/export transaction usually requires a lot of complicated documents because it is difficult t

15、o make many different arrangements when one firm is dealing with another on the other side of the world. The number and type of documents needed depend on the specific requirements of the exporter and importer. Generally, the documents needed include: 1). Bill of Lading 2). Commercial Invoice 3). Pr

16、oforma Invoice 4). Consular Invoice 5). Packing List 6). Weight Memo 7). Certificate of Inspection 8). Certificate of Origin 9). Insurance Policy (Certificate) 10). Sales Contract 11). Sales ConfirmationBasic Documents needed in Export and Import Transaction Review 1 General Procedures of Export and

17、 Import Transaction 2 What is export? 3 What is import? 4 Parties involved in export and import transaction 5 Specialists involved in export and import transaction 6 Basic documents needed in export and import transactionSection Two Business NegotiationWhat is business negotiation? Business Negotiat

18、ion Business Negotiation is a bargaining situation in which two or more players have a common interest to cooperate, but at the same time have conflicting interests over exactly how to share. Features of Business NegotiationIn negotiations, both parties should know the following Why they negotiate;

19、为什么谈判为什么谈判 Who they negotiate with; 与谁谈判与谁谈判 What they negotiate about; 谈判的内容谈判的内容 Where they negotiate; 谈判的地方谈判的地方 When they negotiate; 谈判的时间谈判的时间 How they negotiate; 谈判的方式谈判的方式Business Negotiation Inquiry Offer Counter-offer Acceptance Conclusion of Contractindispensable linkindispensable link Off

20、er, and acceptance are two indispensable links for reaching an agreement and concluding a contract.The ways of Negotiation: Oral Written (letter, fax, email, telex, cable, etc.)Contents to be NegotiatedAll the transactions conditions and terms should be negotiated: PricePacking InsurancePayment Ship

21、mentArbitration and so onContract出出口口发发盘盘所所包包含含的的信信 息息 商品规格 价格 包装 船期支付条件发盘有效期 支付工具支付方式发盘流程Enquiry What is an enquiry? An enquiry is a request for business information, such as price lists, catalogue, samples, and details about the goods or trade terms. It can be made by either the importer or the ex

22、porter. On receiving the enquiry, it is a regular practice that the exporter should reply to it without delay. The seller and the buyer both can make an inquiry. Usually, the inquiry made by the buyer is also called bid, and the inquiry made by the seller is also called selling inquiry. Inquiry will

23、 not bind upon both parties, but usually when you receive an inquiry, you should reply it as soon as possible 询盘的种类 买方询盘请报中国松香请报中国松香5/6月装运月装运100公吨公吨CIF伦敦伦敦。 PLS QUOTE LOWEST PRICE CFR SINGAPORE FOR 500 PCS FLYING PIGEON BRAND BICYCLES MAY SHIPMENT CABLE PROMPTLY (请报请报500辆飞辆飞鸽牌自行车成本加运费至新加坡的最低价，五月装运，鸽

24、牌自行车成本加运费至新加坡的最低价，五月装运，尽速电告尽速电告) 卖方询盘可供中国绿茶可供中国绿茶8月装运，如有兴趣请递盘（电告）。月装运，如有兴趣请递盘（电告）。CAN SUPPLY ALUMINIUM INGOT 99 PCT JULY SHIPMENT PLS CABLE IF INTERESTED （可供（可供99%铝锭，七月份装运，如有兴趣请电告）铝锭，七月份装运，如有兴趣请电告）Specimen letters (an inquiry)Dear Sirs, Messrs. Brown & Clark of this city inform us that you are e

25、xporters of all cotton bed-sheets and pillowcases. We would like to send us details of your various ranges, including sizes, colors and prices, and also samples of the different qualities of material used. Specimen letters (an inquiry) We are large dealers in textiles and believe there is a promisin

26、g market in our area for moderately priced goods of the kind mentioned. When replying , please state your terms of payment and discount you would allow on purchase of quantities of not less than 100 dozen of individual items. Prices quoted should include insurance and freight to Liverpool. yours fai

27、thfully,Offer（1）The meaning of an offer* An offer is a proposal made by sellers to buyers in order to enter into a contract. In other words, it refers to trading terms put forward by offerers to offerees, on which the offerers are willing to conclude business with the offerers. There are two kinds o

28、f offers, one is the firm offer, the other, non-firm offer. * The party who makes an offer is called an offeror, in the case of the seller, the offer is called a selling offer, while in the case of the buyer, and it is called a buying offer or a bid.firm offernon-firm offerhttp:/（2）The basic conditi

29、ons of an offer I ) The offer shall be made to one or more specific persons The offer shall be the definite representation in which the offeror expresses that he shall conclude transaction on the terms and conditions stipulated therein.II) Contents of the offer shall be sufficiently definite, i.e.,

30、trade terms of the offer shall be complete, clear and final* The “Convention” stipulates that a sufficiently definite offer should include three basic elements: name, quantity and price * In our foreign trade practice, a complete offer shall include the quality, quantity, packing, price, terms of de

31、livery of the goods and terms of payment and so on.III) The offer shall indicate the intention of the offeror to be bound in case of acceptance* This intention may be indicated by terms as “firm” offer, “offer with engagement”, etc.* If the offer has a restrictive condition, i.e., “subject to our fi

32、nal confirmation”, then its a non-firm offer regarded as an invitation for offer.The term of validity is not an indispensable condition of an offer （1）Stipulate the latest date for acceptance. For example: OFFER SUBJECT TO REPLY HERE FIFTEENTH, JULY（2）Stipulate a period of time for acceptance As to

33、this method, there is a question of computing validity time. See article 20 of “Convention” (3) Time of Validity or Duration of Offer(4) Time that an offer becomes effectiveDifferent views of the time that a written form offer becomes effective ：1. Despatch Theory2. Arrival TheoryBoth “convention” a

34、nd our “contract law” adopt arrival theory.(5) Withdrawal or revocation of an offerA.Withdrawal （撤回）（撤回）Definition of the withdrawal of an offer:The withdrawal of an offer means the offerors intent indication to make an offer invalid before the offer gets its effectiveness.B. Revocation（撤销）（撤销） Defi

35、nition of the revocation of an offer: The revocation of an offer means the offerors intent indication to make an offer invalid after the offer gets its effectiveness.(6) Termination of an offer In the following cases, an offer is terminated:The time validity stipulated in the offer becomes due;The o

36、fferee rejects or makes a counter offer;The offerer revokes the offer before acceptance.发盘流程发盘流程发盘送达生效发盘失效撤回撤消发盘无效NONOYESYESq 实盘示例“兹发盘1000打运动衫，规格按3月1日样品，每打CIF纽约80美元，标准出口包装，5-6月装运，以不可撤销信用证支付，限4月20日复到有效。”Specimen letters (a firm offer) Dear Sirs, We are very pleased to receive your enquiry of 15th Jan

37、uary and enclose our illustrated catalogue and price list giving the details you ask for.Also by separate post we are sending you some samples and feel confident that when you have examined them you will agree that the goods are both excellent in quality and reasonable in price.Specimen letters (a f

38、irm offer) On regular purchases in quantities of not less than 100 dozen of individual items we would allow you a discount of 2%. Payment is to be made by irrevocable L/C at sight. Because of their softness and durability, our all cotton bed-sheets and pillowcases are rapidly becoming popular and af

39、ter studying our prices you will learn that we are finding it difficult to meet the demand.Specimen letters (a firm offer) But if you place your order not later than the end of this month, we would ensure prompt shipment. We invite your attention to our other products such as table-cloth and table n

40、apkins, details of which you will find in the catalogue, and look forward to receiving your first order. Yours Faithfully,Case 1 Case Description: One Chinese export enterprise made a firm offer to an Italian customer. The offer is subject to be replied before May 10th. On May 9th the Italian custom

41、er informed the Chinese export enterprise with express letter that the offer could be accepted. But the express was delayed by the express deliverer. Before the Chinese export enterprise received the express letter, they got news that the market price for the goods was going upward. Question: What s

42、hould the Chinese export enterprise do in this situation? Case Description:Company C of China received an offer from Company D in Paris, France on date July 16th, 2009: “500 metric tones of tinplate, 545 U.S. dollars per metric ton CFR China port, shipment in August, with sight letter of credit, the

43、 offers opening day is within 20 days.”Company C replied on date 17th “If the unit price is 500 U.S. dollars CFR Chinese port, then we can accept 500 metric tones of tinplate, arbitration will be claimed in China in case of a contract dispute.” Company D replied: “The market is strong so the price c

44、an not be reduced, arbitration conditions is acceptable and reply ASAP.” At that time tinplate prices did trend up. On 19th Company C replied : “Weve accepted the offer you sent on 16th and the L/C has opened by the Bank of China, please confirm it.”But the French Company had not identified it and r

45、eturned the L/C. Questions:(1) Whether the contract was established, and why?(2) Whether its Company Cs misplay? Case 2 2Company A from Britain offered Company B from Germany, in which Company A sold a batch of goods to Company B. Company B replied to Company A the next morning (May 6th) when he rec

46、eived the offer. When replying, Company B agreed to accept all the terms in the offer. But Company A found that after he sent out his offer, the price for the goods that he was going to sell was in the rise. So he telephoned Company B on the afternoon of May 7th, hoping to cancel the offer. On the m

47、orning of May 8th company A received Company Bs reply. Question: According to the CISG, is there any business relation between Company A and Company B? Case 3 The offer made by a Chinese company to Company A was subject to Company As reply by April 10th. On April 9th, Company A made his reply to the

48、 Chinese company to accept the offer by express mail. Because of the delay of the transfer, the Chinese company received the acceptance on April 11th. Before the Chinese company received the acceptance, they had got the news that the price of the goods would go upward. Question: What should the Chin

49、ese company do in this case? Case 4A 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. (1) A reply to an offer which alter the terms of the offer materially constitutes a counte

50、r-offer (2) An acceptance with restrictive conditions is another form of counter-offer, such as “subject to our final confirmation”. (3) If offeree accepts the original offer after he made a counter-offer, the contract is invalid.3. Counter-Offer还盘示例n你10日电收悉，还盘每打70美元CIF纽约。n你10日电收悉，装运期5月D/P远期30天。nYOU

51、R CABLE 10TH COUNTER OFFER USD 70 PER DOZEN CIF NEW YORK （你10日电收悉，还盘每打70美元CIF纽约）nYOUR CABLE 10TH MAY SHIPMENT D/P 30 DAYS （你10日电收悉，装运期5月D/P远期30天）Specimen letter (a counter-offer)Dear Sirs,“D.D” RaincoatsThank you for your letter of June 25 offering us your “D.D” brand raincoats.To be candid with you

52、, we like your raincoats, but your prices appear to be on the high side as compared with those of other makes. It is understood that to accept the prices you quoted would leave us little or no margin of profit on our sales. As you know Kuwait Specimen letter (a counter-offer)is a developing country;

53、 its principal demand is for articles in the medium price range.We appreciate your prompt response to our enquiry and would like to take this opportunity to conclude some transactions with you. We would therefore, suggest that you make some allowance, say 10% on your quoted prices so as to enable us

54、 to introduce your products to our customers. If, however, you cannot do so, then we shall have no alternative but to leave the business as it is. Specimen letter (a counter-offer)for your information, some parcels form Hong Kong have been sold here at a much lower price. We hope you will consider o

55、ur counteroffer favorably and let us have your acceptance by fax. It may interest you to know that once you have opened up a market here, you would have every advantage of developing a beneficial trade in the Gulf. Yours sincerely,4. Acceptance An acceptance or a confirmation is an unreserved assent

56、 of the buyers or the sellers, who after mutual negotiations are willing to enter into a contract in accordance with terms and conditions agreed upon. What is an acceptance In light of the usual practice in foreign trade, an acceptance should abide by the following requirements: An acceptance must b

57、e absolute(完全地完全地) and unconditional. An acceptance can be made by an act performed by an offeree. An acceptance must be clearly expressed by the offerees verbal or written statement. An acceptance must be made by offeree within the valid period of a firm offer. In conclusion: 1. It must be absolute

58、 and unconditional. 2. It can be made by an offerees act. 3. It must be clearly expressed by an offerees verbal or written statement. 4. It must be made by offeree within the valid period of a firm offer. Specimen letter (an acceptance) Dear Sirs, We are glad to know from your letter of July 10th th

59、at you have accepted our offer dated July 4th. In reply, we confirm having sold to you 15,000 metric tons of small red beans on the following terms and conditions:Specimen letter (an acceptance) Price: at US$ 400 per metric ton CFR Seattle. Packing: in gunny bags of about 50 kilograms net each. Quality: FAQ 1998. Shipment: to be effected from Shanghai to Seattle during December 1998. Payment: by a confirmed and irrevocable letter of credit in our favor, payable by draft at sight.Specimen letter (an acceptance) We are pleased to have transacted this first business with you and look forwa