Internationaltradepractice04.pptx

ContentLaunching a Profitable TransactionBusiness Negotiation and Establishment of ContractImplementing the ContractLaunching a Profitable TransactionMarket ResearchSourcing ContactsBusiness Negotiation and Establishment of ContractEnquiryOfferValidation,Withdrawal and Revocation of an Offer CounterOfferAcceptanceConclusion of a ContractEnquiryInquiry upon the terms of trade Can be made by either the seller or the buyer Not binding upon either party Can be made to more than one client A sales opportunity to foster a potential long-term relationshipEnquiryAn enquiry includes the commoditys name,quality,mode,the desired quantity and delivery date etc.e.g.:One of our clients in Odense is in the market for a parcel of 50 metric tons Bitter Apricot Kernels of 2002 crop and we,therefore,would ask you to make us your best possible firm offer on CIFC2%Odense basis,stating terms of payment and the earliest date of shipment.OfferA proposal of terms and conditions presented in a potential contract by one party called the offeror,to another party,called the offeree.Can be made by either party.Buying offer;book;order;bid Offer with engagement and offer without engagementOffer with EngagementThe kind of offer in which the offerors intention of making a contract is definitely indicated,and under which the offeror cannot revoke or amend when he has offered during the validity of the offer.Once unconditionally accepted by the offeree within its validity,it is binding upon both parties.Also called“firm offer”,“irrevocable offer”An offer with engagement must be clear,complete and final.It should include:A detailed description of the item Price,currency Packaging Minimum or maximum quantity Quality Shipping date,mode Terms of payment A timeframe during which the offer is available.Offer without EngagementAn offer which is unclear,incomplete or with reservations.It is not binding upon both parities.Indicative expressions:“reference price”,“subject to our final confirmation”,“subject to being unsold”,“subject to change without notice”,etc.Validation,Withdrawal and Revocation of an Offer According to CISG:An offer becomes effective when it reaches the offeree.An offer,even if it is irrevocable,may be withdrawn if the withdrawal reaches the offeree before or at the same time as the offer.Until a contract is concluded an offer may be revoked if the revocation reaches the offeree before he has dispatched an acceptance.However,an offer cannot be revoked:(a)if it indicates,whether by stating a fixed time for acceptance or otherwise,that it is irrevocable;or(b)if it was reasonable for the offeree to rely on the offer as being irrevocable and the offeree has acted in reliance on the offer.An offer,even if it is irrevocable,is terminated when a rejection reaches the offeror.Counter-offerAn 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.AcceptanceThe 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.A statement made by or other conduct of the offeree indicating assent to an offer is an acceptance.Silence or inactivity does not in itself amount to 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.However,if,by virtue of the offer or as a result of practices which the parties have established between themselves or of usage,the offeree may indicate assent by performing an act,such as one relating to the dispatch of the goods or payment of the price,without notice to the offeror,the acceptance is effective at the moment the act is performed,provided that the act is performed within the period of time laid down in the preceding paragraph.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 delay,objects orally to the discrepancy or dispatches a notice to that effect.Conclusion of a ContractAn agreement that creates an obligation,which is a binding,legally enforceable agreement between two or more competent parties Based on the offer and acceptance of both parties.Formal in writing,signed,made in duplicate Sales contract vs.purchase contract Main Clauses of a ContractQuantity Packing Marking Price Payment Shipment:port of loading and port of discharge Insurance Commodity inspection Claims Arbitration Force majeure Implementing the ContractImport ProcedureExport ProcedureImport ProceduresImport License Trade Negotiation L/C Booking Shipping Space or Ship Insurance Document Examination and Payment Customs Clearance Taking Delivery and Inspection Claim Settlement of Disputes Export ProcedureExport License Trade Negotiation Cargo Readiness L/C Customs Clearance Shipping Insurance Document and Payment