Chapter 5 Offer & Counter-offer.doc

Chapter 5 Offer & Counter-offer
Business knowledge
In response to an enquiry, an offer or quotation may be sent.
n Distinction b/w offer and quotation严格讲quote/quotation与offer不同，quote/quotation是报价，指某一商品的单价，offer是报盘，除单价外，还包括数量，交货期，付款方式等等。另外，offer一般比较固定，卖方价格报出后，一般不能轻易变动，而quote/quotation则不同，卖方报价后，不受约束，可以根据情况略加调整。尽管有区别，但各国商人则往往把这两个词混用。

Replies as quotation
1. An expression of thanks for the inquiry
2. Details of prices and discount
3. A clear indication of the terms of payment
4. An understanding as to the delivery date
5. An expression of hope that quotation will be accepted.

Practice
1. 确认我今天早上的电话谈话如下。本公司提供给贵公司400磅稻米，特别廉价，每磅80元 CIF温哥华
confirming our telephone conversation this morning, we can offer you the rice of 400 lbs, at the special low price of 80 per lb. CIF Vancouver

2. 如订购2000台以上，准备特价报盘，每台9.1美元，即给5%的折扣。
On condition that you take more than 2 000 Sets, we are prepared to offer this special price of $9.1 per set with a 5% discount

3. Terms of payment
The payment is to be effected against bill of exchange at 60 days.
We are pleased to say that we can guarantee delivery of garments within 8 weeks of your order.

Practice
1.确认你当订单后一个月内可装运.
confirming that you are guaranteed delivery of … within four weeks of your order.

Offer
An offer is a proposal of certain trade terms by the seller or the buyer and an expression of willingness to make a contract or agreement according to the terms proposed. The one who volunteers to give conditions is called offeror. The one who accepts the condition is called offeree.
报盘, 交易的一方向另一方提出买或卖某项商品的各种交易条件并愿意按所提出的条件与对方达成交易，这种口头的或书面的表示称之为报盘 (报价、发盘)。
the name of the commodity, Art. No, specification, quantity, price, packing, terms of payment and delivery time. Therefore, whenever you receive an inquiry, you must make an offer and provide all the detailed information the offeree requested.
报盘内容包括主要交易条款如货名、数量、规格、价格等内容。报盘通常是卖方在收到买方询盘之后提出的，也可由卖方主动提出

Firm Offer
A firm offer is sent when the offeree accepts the offeror’s terms and is ready to sign the contract. During the period of time stipulated in the firm offer, the offeror can not withdraw or make any changes to the offer. Once the offeree accepts his offer in the valid time, the offeror must obey the terms and conditions he made.
实盘(firm offer)主要特点是：实盘一经受盘人在实盘规定的有效期内接受就具有法律效率。发盘人在发盘有效期内不得随意撤回或修改实盘的内容，否则发盘人将承受违约的法律后果。

Non-firm Offer /Offer without engagement
A non-firm offer is the offer the offeror gives without any engagement with the offeror, and it does not necessarily contain all the things in a firm offer. It is not final, and often uses such words as “subject to prior sale” or “subject to our final confirmation.”

实盘成立条件：实盘必须同时具备三个条件才能成立：
u 内容必须是完整和明确的
u 内容必须是肯定的，无保留条件的
u 实盘必须规定有效期限
So when you make a firm offer, you must be careful of the following points:
u prompt, stating clearly your replies in due time;
u Complete, indicating all the main terms of transaction;
u The offer must state the term of validity.—validity or without engagement remarks
u Induce your customer—, favorable comments on the goods; urgent to take action: stating the present market condition
u An expression of hopes for an order

offer of a validity limit
This offer is subject to your reply reaching here on or before 19th October.
该报盘10月19日之前复到有效
This offer is subject to reply by 10 a.m. our time, Wednesday, October 3.
该报盘以我方时间10月3日星期三上午10时以前答复为有效。
We offer you firm subject to your reply here within one week from today.
以自本日起一周之内你方复到为准。
This offer is (remains, is kept, is held) firm (valid, open, good, effective) for 5 days.
本报盘５日内有效
This offer is subject to your acceptance within two weeks.
本报盘2周内有效
We can keep the offer until… 本报盘…前有效。
This offer expires（到期） on August 8.
This offer must be withdrawn if not accepted within 3 days.

Practice
1. 我方保留该报盘有效至本月底.
2. 按照你们的要求，我方报2000件白鸽牌30*50厘米的双面绣的实盘如下：成本加运费（包括佣金在内）到汉堡港，每件57美元，2013年10月发货.
The offer is valid until the end of this month.
Complying with your request, we are making an offer for 2,000 pieces “White Dove” Brand Double-faced embroideries 30*50cm at US 57.00 per piece CFRC2% Hamburg for shipment in November 2013.

Non-firm offers
a. This offer is subject to the seller’s final confirmation.
b. This offer is made without engagement.

虚盘的表示方法：
n to offer subject to seller’s confirmation
以卖方确认为准
n to offer subject to our approval
以我方认可为准
n to offer subject to prior sale; to offer subject to being unsold
有权先售；以未售出为准
n subject to change without notice
我方报价如有变更，不另通知。
n The offer is subject to market fluctuations.
该盘按市价增减。
n The offer is subject to our written acceptance.
该盘以我方书面接受为准。
n The offer is subject to shipping space available.
该盘以有舱位为准 。
Shipping terms1.in three equal monthly installments “分三个月，每月平均装运”
(1) equal monthly installments==>
每月数 量一样的分批装运
(2) In one lots: 整批装运
(3) Total quantity to be delivered by three
equal monthly
n Packing instructionShirting are to be packed in bales or in wooden case, at the sellers’ option
n the items are packed in paper boxes, 10 pieces to (in) one box.
n 16 packets of 4 KG, to a carton, 6 carton to a wooden case
n Urgent to take action: stating the present market conditionadvancing market 行市上涨– with market recovery 市场恢复
§ The market advances/rises/soars. 行市上涨
§ The market stiffens/hardens. 行市坚挺
§ Market is strong/firm/steady/strengthening. 行市坚挺
§ Market is brisk/active. 行市活跃
§ Market is declining. 行市下跌
§ Market is weak/easy. 行市疲软
§ Market is inactive/dull/heavy. 行市呆滞
§ Market is irregular/uncertain 行市涨落不定
§ The market fluctuates 行市波动

Counter-offer
If the offeree finds that the price is not suitable or other terms are not satisfied, he/she can refuse the offer or suggests his/her own terms and conditions to the offeror. The terms and conditions the offeree puts forward are called a counter-offer. The word “counter-offer” more often implies an alteration in the price or other terms and conditions.

Reason—price
1.We regret to inform you that your
price is rather on the high side though we appreciate the good quality of your products
Notes: on the high side / be stiff/excessive
be high / big / small “偏高、大、小等”
2.We very much regret that your price is out of line with the prevailing market.
Notes: be out of line with
In line with…..
现行价 Current Price, Ruling Price,
Prevailing Price
3. Although we are desirous of doing business with you, we regret to say that your price is unacceptable to us.
Notes: unacceptable

Reason—price（comparison）
1.When comparing with the other suppliers’ prices , your price is almost 10% higher than theirs.
2. Your price compares much higher than that we can get from elsewhere.

Exercise
兹复，我们非常遗憾的说明我方本地客户发现你方价格太高与现行市场价格水平不一致
In reply, we very much regret to state that our native client here find your price too high and out of line with the prevailing market.

据了解，接受你方所报的价格会让我们在销售上没有利润或者赚的很少。
It’s understood that to accept your prices quoted would leave us little or no margin of profit.

坦率讲，我们喜欢你们的雨衣，但你方的价格与其他生产商的比较而言似乎偏高。
Frankly speaking, we like your raincoat, but your prices appear to be on the high side compared with other makers.

A counter-Counter-offer from seller

1. We regret to say that …(much to our regret, we find ), we are regretful to say E.G.: We regret to say that we are not in a position to reduce the price to the level you mentioned.
2. We wish to draw your attention to the fact that … 请注意
We wish to draw your attention to the fact that we will not accept the payment by D/P for orders of $10,000 or more.
3. The best we can do…
The best we can do is to give you a discount of 20%.