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1、3.2 Offer发盘,发价,要约An offer, a promise of the seller to supply goods on the terms and conditions stated, indicates all the other necessary terms of sales for the buyers consideration and acceptance as well as the price of the goods he wishes to sell. Offeror,offerer:发盘人 Offeree :受盘人13.2.1 Constitution

2、s of an effective offerThe offer shall be made to one or more specific persons. A proposal other than one addressed to one or more specific persons is to be considered merely as an invitation to make offers, unless the contrary is clearly indicated by the person making the proposal.Notes: invitation

3、 to make offers要约邀请Main forms of invitation to make offers: Catalog, Pricelist, Auction announcement, Tender notice, Prospectus, Advertising2The content of an offer must be sufficiently definite.In trade practice, the main trade terms should be completely denoted : Name of Commodity; Quality; Quanti

4、ty; Packing; Price; Delivery; Payment and so on.3The offeror intends, without reservation, to enter into a contract with the offeree if all the terms offered are accepted by the offeree.An offer is a proposal indicating the offeror to be bound in case of acceptance by the offeree.43.2.2 TypesFirm of

5、fer(实盘)offer with engagementA seller promises to sell goods at a stated price within a stated period of time(validity period). It can develop into a contractual obligation; Once it is accepted by a buyer, the seller cannot revoke it. 5Ways to determine the validity period of an offerFixing the lates

6、t date for acceptance.e.g. Our offer is subject to your reply reaching us before August 20.The offer is valid till June 10 our time.Fixing a period of timeE.g. our offer remains effective for 10 days from June 1, inclusive of June 1.Fixing in general terms, such as “prompt reply”,“immediateley reply

7、”, etc. (shoule be avoided)6Non-firm offer(虚盘)offer without engagementThe offer is subject to change/alteration without notice.The offer is subject to the sellers final confirmationThe offer is subject to prior sale.The offer is subject to being unsold.The offer is subject to buyers inspection or ap

8、proval.The offer is subject to shipping space availabel.The offer is subject to safe arrival of goods at port of shipment.The offer is subject to import licence.The offer is subject to market fluctuation.7Dear Sirs,You will be interested to hear that we can offer a further supply of the best quality

9、 diamond at the lowest price. The total amount is 4,000 carats and 200 pieces. We are pleased to supply it to you at US$140.00 per carat.With the increase of the general retail costs, which became conspicuous this spring, the next consignment will be much dearer, so we recommend you to take prompt a

10、dvantage of this offer which is firm for a week only. Yours faithfully,Sample offer(1) 8September6,2001Messrs Healy&Co.73Hyde Road,Antwerp,BelgiumDear Sirs,Mens Leather ShoesThank you for your enquiry of September5 for the captioned goods.As requested, we are offering you 7500pairs of HeroBrand Mens

11、 Leather Shoes at US$12.5 PER PAIR CFR Antwerp for shipment in November,2002.Payment is to be made by an irrevocable,confirmed L/C payable by draft at sight. The offer is firm, subject to your reply reaching here before September15,2002.We have airmailed you under separate cover some of our illustra

12、ted catalougues showing exactly sizes,designs and workmanship of our goods.There is every indication that the market is tending upwards.It is in view of our long and friendly relations that we have quoted you the most favorable price and no counter-offer is anticipated.Yours faithfully,Shun Da Impor

13、t & Export CorporationSample offer(2)9July,32001James Brown&sons#304-310Jalan Street,Toronto,CanadaDear Sirs,We confirm having receiceived your enquiry of July 2 for our bicycles.In compliance with your request, we are making you an offer, subject to our final confirmation as follows:Commodity:Eagle

14、 brand BicyclesSpecifications:FSE-26,black and gray colorsQuantity:5000 piecesPrice:US$37.50 per piece CFR VancouverShipment: in two equal lots of 2500 pieces each, beginning from August,2002.Packing:in wooden casesPayment: by an irrevocable,confirmed L/C payable by draft at sight.On an order for mo

15、re than 10 000pieces, a 5%discount is allowed.Please fax us without delay if you find the above satisfactory, We assure you our prompt and careful attention to all of your future orders.Yours faithfully,China Trading CompanySample offer(3)10USEFUL EXPRESSIONS (1) Thank you for your recent enquiry. W

16、e have a large quantity of in stock, and are pleased to offer them as follows:(2)We can offer you a price of $_ per item, firm 30 days, after which the price will be subject to change.(3)We can quote you a price of $_, though we can only hold this price for six weeks because of exchange fluctuations

17、.(4)All list prices are quoted f.o.b. London and are subject to a 5% trade discount with payment by letter of credit.(5)We usually offer an 5% trade discount on f.o.b. prices, and would prefer payment by irrevocable letter of credit .11(6)Normally we allow a 5% trade discount off net prices with pay

18、ment on a document against payment basis.(7)We thank you for your enquiry of July 6 and are sending you, under separate cover, a specimen of together with our price list.(8) We can quote you a gross price, including delivery charges.(9)With reference to your letter of , enquiring for , we enclose ou

19、r Quotation No for your consideration and trust you will find our prices acceptable.(10)Our best offer is given below subject to our final confirmation.12EXERCISE1.Translate the following sentences into English.我们确认已向你方电报下列商品实盘,以9月20日前复到有效。你方6月3日来电要求我们报第33号毯子。现确认我方于6月6日电报向你方报盘如下,该盘不受约束。我们的报盘三天有效。 我的

20、报价以合理利润为依据,不是漫天要价。 132.Letters Writing 敬启者:感谢你方11月30日询函,现随函附寄我方窗帘材料( curtain materials )的报价单。我们精心挑选了一些样品寄给你们。相信其优良的品质,具有吸引力的设计以及合理的价格会让你们觉得物有所值。由于目前各地对我们的产品的需求非常旺盛,以致于我们难以满足。但是如果我们能够在10天之内收到你们的订单,我们将优先尽快为你方发货。盼早日回复,不胜感激。谨上143.3 Counter-Offer还盘 and Counter-counter Offer 反还盘Counter-offer means that th

21、e offeree doesnt accept the offer wholly and put forward some additions, modification,limitations,etc. as to the basic terms and conditions contained in the offer.Once the counter-offer is made, the original offer will be invalid, and the business will be on the basis of the counter-offer.15When rec

22、eiving the buyers counter-offer and finding some terms and conditions unsatisfactory and even unacceptable to him, the seller will state his own opinions in a letter, which is called counter-counter offer.In international trade practice, the finalization of a business has to go through a series of c

23、ounter-offers and counter-counter offers.16Useful Expression 如果你方接受我们的还盘,我们就劝用户向你方购买。If you accept our counter-offer, well persuade the end-user to place an order with you.我方认为你方报价不合适,因为该原料价格正在下跌。We feel that your quotation is not proper because the price for such material is on the decline at prese

24、nt.希望你方重新考虑此事,并尽快告知你方决定。Its our hope that you would consider the matter and let us know your decision as quickly as possible.在质量方面, 其他牌子的商品很难和我们的相比。In respect to quality, I dont think that the goods of other brands can compare with ours.17结合质量考虑,我认为这个价格是合理的。Taking the quality into consideration, I t

25、hink the price is reasonable.为了使这笔生意成交,我认为你方应至少降价10。To have this business concluded, I should say a reduction of at least 10% would help.但是降价10是不可能的。 But to make a 10% reduction is out of question.恐怕我们无法接受5的减价。Im afraid 5% reduction in price is unacceptable to us.18如果你们订货数量大,我们准备减价百分之二。We are prepar

26、ed to make a 2% reduction if your order is big enough.你方价格上涨了,几乎比去年上涨了25。Your price has soared. Its almost 25% higher than last years.如果你们仍然坚持原报价,我们就只好放弃这笔生意。Im afraid we have to call the whole deal off if you still insist on your original quotation.我们同意以每吨五千美金的价格成交。We agree to conclude the transact

27、ion at the price of US$ 5000 per ton.19Exercises-Translation1) 我们愿意以此价格为你报实盘。 2) 我们可以按国际市场价格给您报价。3) 好吧,我给你一个特别优惠价。4) 我们将优先向你们报盘。 5)此报盘着眼于扩大销路而且很有竞争性。 6)This is our rock-bottom price, we cant make any further concession.7)Our price is fixed at a reasonable level.8)Our counter-offer is in line with th

28、e international market.9)The price we have given is a fair price.10)Lets meet each other halfway.203.4 Acceptance接受(1)DefinitionIt is actually an unreserved assent or commitment of the buyers or sellers who are willing to enter into a contract in accordance with the terms and conditions agreed upon after preliminary mutual negotiations.In international trade, the acceptance is indispensable for the conclusion of a business and the signing of a contrace.

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