国际贸易实务双语教程Chapter10-The-Conclusion-of-Sales-Contracts[精]课件.ppt
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- 国际贸易 实务 双语 教程 Chapter10 The Conclusion of Sales Contracts 课件
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1、Chapter 10 The Conclusion of Sales Contracts10.1 The procedure for the conclusion of sales contractDefinition of ContractOfferInquiryCounter OfferAcceptanceDefinition of ContractA contract is an agreement reached by two or more than two parties concerned,in order to establish,modify or terminate the
2、 civil right and obligation of the parties.OfferDefinitionThe necessary conditions for a valid offer in lawValidity time of an offerThe time for an offer coming into effectThe Withdrawal and the Revocation of an offerInvalidation of an OfferDefinitionAn offer is a proposal of terms and conditions pr
3、esented in a potential contract by one party,called the offeror,to anther party,called the offeree.The time for an offer coming into effectThe Withdrawal and the Revocation of an offer1.The withdrawal of an offer2.The revocation of an offerInvalidation of an Offer1.The expiry date2.Rejection 3.Count
4、er-offer4.Force Majeure5.In case that the offeror or offeree becomes incapable of legal transaction(such as insanity,death etc.),the offer is invalid.Inquiry The non-firm offer is legally called as invitation to for offer,referring to with an intention to purchase or sell some certain commodities,on
5、e party inquires about the trade terms to the other party,or brings about a proposal for business transaction with some terms.There are some ways to make an invitation to for offer,the inquiry is widely used.It is not with legal force,nor constituting an offer.Counter Offer Counter offer means a rep
6、ly to the offer made by the offeree,not accepting completely the terms of the offer and with the proposal to modify or change it.AcceptanceImplication of an acceptanceThe key elements constituting an acceptanceThe period for an acceptance coming into effectLate AcceptanceThe Withdrawal of An Accepta
7、nceThe key elements constituting an acceptance1.An acceptance must be made by the specific offeree.2.The contents of the acceptance must be in compliance with the offer,that is to say,the modification on the offer is usually regarded as a counter offer as stated above.3.The acceptance made and deliv
8、ered to the offeror within the effective period of the offer.4.The transmission way of the acceptance notice conforming to the requirement of the offer.5.An acceptance must be indicated.10.2 Establishment of International Business ContractEstablishment of ContractSignificance of Signing a ContractFo
9、rms of Contract in Written FormEstablishment of ContractTime of Establishment of a ContractKey Elements for an Effective Contract1.The parties concerned must be with the conduct capacity to sign a contract.2.A contract must be with Consideration or Cause.3.The objective of a contract must be legal.4
10、.A contract shall be in compliance with the stipulated form by law.5.The party concerned of a contract shall be in true willingness.Significance of Signing a Contract1.The evidence to prove a contract is established.2.The term with which a contract comes into effect.3.The basis on which a contract i
11、s fulfilled.Forms of Contract in Written FormThe form of a contract in written form is not limited.The both parties concerned may adopt anyone of these forms including Contract,Confirmation,Agreement or Memorandum.In addition,there are letter of intent,purchase order,authorization order sheet and th
12、e like to be taken as the form of a contract.General Contents of ContractHeadGeneral ClausesEndingCase Study Case 1Case 2Case 3Case 4Case 5Case 6Case 7Case 8Case 9Case 1:Our company imports from abroad a batch of agricultural products and resold them to an American company.Our company makes an offer
13、 to the American company.The next day the American company accepts our offer completely.And they request us to offer the certificate of origin.Two weeks later,the American businessman opens an L/C to us.When we are prepared to dispatch the goods,we receive the advice from the Commodity inspection bu
14、reau.The certificate of origin should not be issued because the goods are not produced by Chinese company.Then we inform the American businessman to cancel the clause which is required to offer the certificate of origin,is rejected,so controversial.We put forward that we do not agree to provide the
15、certificate of origin,so it is not our duty to offer it.However they believe that it is our duty to offer.Please try to make arbitration on this case according to the CISG.Case 2:As an exporter,we cable an American businessman to export agricultural products.Beside the necessary items stated in the
16、offer,the clause Packing in Sound bags is also added in.During the validity of the offer,the American businessman replies Refer to your telex first accepted Packing in new bags When we receive the above reply,we are ready for shipment.The international market price for the agricultural products tumb
17、led a few days ago.The American businessman replies that the contract does not established because we did not confirm when they changed the packing condition.We insists that the contract has been established.So the parties occur this argument.How to handle this case?Case 3:A Chinese International en
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