国际贸易实务双语教程(第三版)Unit 02.ppt

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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 Tran

3、saction（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 Specialists in

4、volved 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 AcceptanceS

5、igning 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 country or

6、 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 which the produ

7、cts 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 airline(for air freight

8、)*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 airport of loading*the railway(i

9、n 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(for sea freight)*the airline(for air freight)*the

10、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 shipping agent at the port or airport of discharge*the shipping agents a

11、t the port or airport of loading*the railway(in some cases)in the exporters country*the road hauler(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 forwarder(forwarding

12、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 contractors will actual trans

13、port 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 of Commerce may need to issue

14、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 to make many different arrangement

15、s 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).Proforma Invoice 4).Consular Invoice 5).Pa

16、cking 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 Import Transaction 2 What is export?3 What is imp

17、ort?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 Negotiation Business Negotiation is a bargaining situation in

18、 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 followingWhy they negotiate;为什么谈判为什么谈判Who they negotiate with;与谁谈判与谁谈判What they negoti

19、ate 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 InquiryOfferCounter-offerAcceptanceConclusion of Contractindispensable linkindispensable linkOffer,and acceptance are two indispensable links for reaching an agreement a

20、nd 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 ShipmentArbitration 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

21、支付方式发盘流程EnquiryWhat 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 exporter.On receiving the enquiry,it is a regular practice that the exporter should reply t

22、o 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 not bind upon both parties,but usually when you receive an inquiry,you should reply it as soon

23、as possible 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 of

24、 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 conditions of an

25、offerI)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.,trade terms of t

26、he 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 delivery of the goods and terms

27、 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 final confirmation”,then its a non-firm

28、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 this method,there is a question of computin

29、g 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”and our“contract law”adopt arrival theory.(5)Withdrawal

30、 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）Definition of the revocation of an offer:The revocation of an of

31、fer 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 offeree rejects or makes a counter offer;The offerer revokes the

32、 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NONOYESYESCase 1Case 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 customer informed the Chinese export enterprise with express letter tha

33、t 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 should the Chinese export enterprise do in this situation?Case Descript

34、ion: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 offers opening day is within 20 days.”Company C replied on date 17th“If the un

35、it 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 can not be reduced,arbitration conditions is acceptable and reply ASAP.”At that time t

36、inplate 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 returned the L/C.Questions:(1)Whether the contract was established,and why?(2)Whether its Co

37、mpany Cs misplay?Case 22Company 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 received the offer.When replying,Company B agreed to accept all the terms in the offer.But Company A fou

38、nd 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 morning of May 8th company A received Company Bs reply.Question:According to the CISG,is there any business r

39、elation 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 Chinese company to accept the offer by express mail.Because of the delay of the transfer,the Chinese company rece

40、ived 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 Chinese company do in this case?Case 4A reply to an offer which purports to be an acceptance but contains additions,limitati

41、ons 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 counter-offer (2)An acceptance with restrictive conditions is another form of counter-offer,such as“subject to our final confirmat

42、ion”.(3)If offeree accepts the original offer after he made a counter-offer,the contract is invalid.3.Counter-Offer4.Acceptance An acceptance or a confirmation is an unreserved assent of the buyers or the sellers,who after mutual negotiations are willing to enter into a contract in accordance with t

43、erms 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 be 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 cle

44、arly 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 and unconditional.2.It can be made by an offerees act.3.It must be clearly expressed by an offerees verbal or written statement

45、.4.It must be made by offeree within the valid period of a firm offer.Questions1.What are the essential conditions of an offer?2.According to the regulation of convention,when the offer can be withdrawal and revoked?3.When an offer is terminated?4.Try to analyze the effectiveness of a late acceptanc

46、e.5.What are the essential conditions of a contract established?Summary:NEGOTIATION OF CONTRACT第八章第八章 国际货物买卖合同的订立国际货物买卖合同的订立 询盘询盘(Inquiry)发盘发盘(Offer)递盘递盘(Bid)还盘还盘(Counter-offer)接受接受(Acceptance)订立合同订立合同(Sign a contract)buyerseller合同成立的时间（Effective time of contract）合同生效的要件（Effective conditions of cont

47、ract）合同的形式（Forms of contract ）合同的内容（Contents of contract）ExercisePlease finish the exercise in the text bookCase Study:Please read your case book（Unit 1Unit 2）Additional ExerciseI 判断题判断题1一般地说，交易磋商有四个环节，其中达一般地说，交易磋商有四个环节，其中达成交易不可缺少的两个基本环节和必经的法成交易不可缺少的两个基本环节和必经的法律步骤是询盘与接受。律步骤是询盘与接受。2一项接受由于电讯部门的延误，发盘人收

48、一项接受由于电讯部门的延误，发盘人收到此项接受时已超过该发盘的有效期，那么到此项接受时已超过该发盘的有效期，那么除非发盘人及时提出异议，该逾期接受有效，除非发盘人及时提出异议，该逾期接受有效，合同成立。合同成立。3一项接受由于电讯部门的延误，发盘人收一项接受由于电讯部门的延误，发盘人收到此项接受时已超过该发盘的有效期到此项接受时已超过该发盘的有效期，那么，那么该逾期接受丧失接受效力，合同未成立。该逾期接受丧失接受效力，合同未成立。4对外报货号对外报货号10005柳筐柳筐500打，每打打，每打CIF伦敦伦敦4英镑，每英镑，每5打一纸箱，打一纸箱，11/12月装船，月装船，限限8月月10日复到。这

49、是一项有效的发盘。日复到。这是一项有效的发盘。5我某公司我某公司10月月2日向美商发盘，以每打日向美商发盘，以每打8450美元美元CIF纽约的价格提供全棉男纽约的价格提供全棉男衬衫衬衫500打，限打，限10月月15日复到有效。该盘日复到有效。该盘于于10月月7日抵达美商，日抵达美商，10月月8日我发现问日我发现问题，向美商发传真要求撤销该发盘，该题，向美商发传真要求撤销该发盘，该发盘不能撤销。发盘不能撤销。6公司周一对外发盘，限周五复到，客户公司周一对外发盘，限周五复到，客户周二回电还盘，邀我电复，我未处理。但周二回电还盘，邀我电复，我未处理。但是，周四客户又来电接受我周一的发盘。是，周四客户

50、又来电接受我周一的发盘。则这笔交易达成。（则这笔交易达成。（）7公司对外发盘，国外的客户在发盘的有公司对外发盘，国外的客户在发盘的有效期内回电接受，但在同一电文中要求将效期内回电接受，但在同一电文中要求将装运期提前一个月。这是有效接受。装运期提前一个月。这是有效接受。8还盘是对发盘的拒绝，还盘一经作出，还盘是对发盘的拒绝，还盘一经作出，原发盘即失去效力，发盘人不再受其约束。原发盘即失去效力，发盘人不再受其约束。II Short Answer Questions1 What should have in order to constitute an effective acceptance?II