项目四 业务磋商信函 任务 2 业务磋商（ 2 ） Offer and counter-offer(1)  商务英语写作

objectives Be familiar with terms and conditions involved in offer Understand the difference between firm offer and non-firm offer

introduction: 1. introduction: Though often used interchangeably, quotations and offers are not the same. A quotation is not an “offer” in the legal sense. It mainly includes an indication of price without contractual obligation and subject to change without previous notice. While an offer is generally a proposal made by sellers to buyers in order to enter into a contract. There are two kinds of offers: firm and non-firm offer.

发盘： 在国际贸易实务中，发盘也称报盘、发价、报价。法律上称之为 “ 要 约 ” 。发盘可以是应对方询盘的要求发出，也可以是在没有询盘的情况下，直 接向对方发出。发盘一般是由卖方发出的，但也可以由买方发出，业务称其为 “ 递盘 ” 。 Introduction

seller offeror buyer offeree Ｗｈａｔ ｉｓ ａｎ ｏｆｆｅｒ Makes offers to Counter offer

A firm offer is a definite promise to sell goods at a fixed price within a stated period of time which is legally binding upon the seller and usually includes 8 parts: 1) the name of commodity 2) specifications/quality 3) quantity 4) unit price 5) packing 6) date of delivery/shipment 7) payment terms 8) validity

Unlike a firm offer, a non-firm offer usually contain certain reservation clauses such as: “We offer without engagement…” or “The offer is subject to our final confirmation” etc. In other words, the company withholds the right to revise or withdraw the offer at any time.

Non-firm offer Without engagement firm offer Once it has been accepted, it can not be withdrawn 1 2

Contents of firm offer Name of commodities, quality and specification Details of prices, terms of trade, discounts and terms of payments Packing, date of delivery, port of shipment The period for which the offer is valid

A firm offer is invalid in case that the offeree 1. accept it not within validity 2. refuse or alter it 3. make a counter-offer to it

Non-firm offer Non-firm offer is a quotation subject to final confirmation and is not legally binding. a. …for your reference… b. …subject to our final confirmation… c. …subject to unsold… d. …subject to market fluctuation… The offeror can withdraw it anytime before the offeree accepts it.

How to write a letter to make an offer? 1.expression of thanks for the enquiry, if any 2.make an offer States name of commodity, quality and specification, price, terms of trade, discounts, terms of payment, packing, delivery date, shipment port, etc. 3.stipulate validity if it’s a firm offer 4.hope for reply

Specimen Letter 1 Dear Sirs Thank you very much for your enquiry of April 1 for our 100% CashmereSweaters. We are now making you a firm offer subject to your reply reaching us before April 30, 2005: 山羊绒 · Subject to: 以 --- 为准 4 月 30 日前复到有效

Men’s largeUS $ per piece ditto medium US $ per piece ditto smallUS $ per piece Women’s large US $ per piece ditto medium US $ per piece ditto small US $ per piece The above prices are based on CIF Vancouver basis net. 同上同上 净价

Payment: By confirmed irrevocable L/C payable by draft at sight. Shipment: June/July, 2005 We are glad to inform you that our products are selling fast because of their unique design and superior quality. We suggest you place your order as soon as possible. We are looking forward to hearing from you soon. Yours faithfully, 凭即期汇票付款

译文 敬启者： 感谢你方 4 月 1 日对我方羊绒衫的询盘。现向你方报价如下， 4 月 30 日前你方复到有效。 男式：大号 50 美元 / 件 中号 48 美元 / 件 小号 45 美元 / 件 女式：略 以上报价为 CIF 温哥华净价。 付款： 保兑的不可撤销的即期信用证。 装运： 2005 年 6 、 7 月 很高兴告知你方，我方产品款式新颖，质量上乘，非常畅销。 因此建议你方尽早下订单。 早复为盼！

Useful expresstions 1. Subject to : 以 ---- 为准， 以 ---- 为条件 Eg: We are quoting you the following,subject to our final confirmation. 我方报价如下，以最终确认为准。 Trying your hands 我方报价以货未售出为条件 Our prices are subject to goods being unsold

2 Do --as soon as possible 请对方尽早做什么事情 ① Do sth promptly ② Do – the soonest possbile ③ Do ---at your earliest convienence ④ do --- without delay

3 、请对方尽早回复的说法 ① We are looking forward to hearing from you soon. ② We are looking forward to your early reply. ③ We await your early reply. ④ Your early reply will be appreciated.

2. how to write an offer. Thanks for the enquiry, if there’s any. Indicating prices, discounts, terms of payment, packing, delivery or shipping date. If it’s a firm offer, add validity. Show your expectation to the coming business.

3.Typical sentences and expressions As requested, we are offering you… at … per… for shipment…, payment is to be made by… At your request, we make you an offer as follows: In view of our long and friendly relations, we quote you the most favorable price as below:

indicating a firm offer: subject to the receipt of your reply before … subject to your reply (acceptance) reaching us within …days. This offer is firm (open, valid) for … days.

indicating a non-firm offer:  without engagement (obligation)  subject to prior sale ( 有权先售 )  subject to the goods being unsold  subject to our final confirmation  subject to change without notice

Terms of quality 1.sales by sample quality as per seller’s sample quality as per buyer’s sample quality as per counter sample ( 对等样本 ) counter sample: the sample made by the seller and confirmed by the buyer. eg. 500 Christmas Bear Art. No.235, as per the sample dispatched by the seller on …

2) a non-firm offer Dear Sirs, Thank you for your enquiry of …for our soybeans. To start a concrete transaction between us, we are making you a special offer, subject to our final confirmation, as follows:

Art.No. …… Specifications: Quantity: 1800 M/Ts. Price: US$260 per MT, CIFC5%, Lagos. Packing: In cartons or in wooden cases, at seller’s option. Shipment: To be made in three equal monthly installments, beginning from May,2008. Payment: By confirmed irrevocable L/C payable by draft at sight, to be opened 30 days before the time of shipment.

As you know, recently it has been a heavy demand for soybeans and this has resulted in increased prices. You may, however, take advantage of the strengthening market if you send us an immediate reply. We look forward to your trial order. Yours faithfully,

2. how to write an offer. Thanks for the enquiry, if there’s any. Indicating prices, discounts, terms of payment, packing, delivery or shipping date. If it’s a firm offer, add validity. Show your expectation to the coming business.

3.Typical sentences and expressions As requested, we are offering you… at … per… for shipment…, payment is to be made by… At your request, we make you an offer as follows: In view of our long and friendly relations, we quote you the most favorable price as below:

indicating a firm offer: subject to the receipt of your reply before … subject to your reply (acceptance) reaching us within …days. This offer is firm (open, valid) for … days.

indicating a non-firm offer:  without engagement (obligation)  subject to prior sale ( 有权先售 )  subject to the goods being unsold  subject to our final confirmation  subject to change without notice

2. Choose the best answer: 1) Could you make us a firm offer_________ shoes? a. of b. for c. off d. at 2) The seller may cancel the contract and reserve the right to claim _________buyer’s breach of contract. a. in case about b. in case c. in event of d. in event 3) In reply, we are making you the following offer: 10,000 pieces of T-shirt _________US$ 5 per piece, CFR 2% Copenhagen. a. about b. to c. at d. in 4) The above offer is _________ engagement. a. without b. on c. in d. according 5) We shall appreciate it if you will see to it that amendment is cabled _________ delay. a. in b. out of c. within d. without b c c a d

6) We offer these goods subject _________ their being unsold on unsold on receipt of your order. a. in b. with c. on d. to 7) _________ the above, we would suggest that you accept our original offer without any delay. a. Because b. As c. In case of d. In view of 8) We hope you will quote us competitive _________ Liverpool _________ Printed Shirting. a. of CIF, for b. CIF,for c. of CIF, on d. of CIF,on 9) We are pleased to inform you that the item you requested can be supplied _________. a. from stock b. in stock c. out of stock d. of stock 10) Shipment is to be made _________ 3 months on receipt of the relative L/C. a. in b. by c. during d. within d d b a d

II. Improving Training Translate the following sentences into English: 1) 我方不能接受你方的条件，因为我方的报盘是很合理的。 (acceptable, offer) 2) 我们的产品质量符合国际水平。 (be up to) 3) 价格要依据你们打算订购的数量而定。 (subject to, purchase) 4) 在你方订购之前，我们很乐意提供样本以便你们熟悉产品的质地和工 艺。 (be prepared to, acquaint…with) Your terms and conditions suggested is not acceptable to us as the offer we made is quite reasonable. The quality of our goods measures (is) up to the international level. The price of the goods is subject to the quantity you intend to purchase. Before you place an order, we are prepared to provide some samples to acquaint you with the material and workmanship.

III. Letter-writing practice: Please write a firm offer covering the following contents: a. Commodity: Sweaters in different colors b. Size: Large (L) Medium (M) Small (S) c. Package: Sweaters are wrapped in plastic bags and packed in standard export cardboard cartons d. Price: CIF 5% London per dozen in US$ L: 180 M: 160 S: 140 e. Shipment: October f. Payment: By confirmed irrevocable L/C payable by draft at sight. g. Validity: before June 5, 2006.

Dear Sirs, We are very pleased to have received your letter of enquiry d dd dated April 9, showing your interest in our sweaters in different colors. In reply, we would like to make you, subject to your reply reaching us by June 5,the following offer: Commodity: Sweaters in different colors Size: Large (L) Medium (M) Small (S) Price: CIF 5% London per dozen in US$ L: 180 M: 160 S: 140 Shipment: October Payment: By confirmed irrevocable L/C payable by draft at sight. Package: Sweaters are wrapped in plastic bags and packed in standard export cardboard cartons. We are willing to allow a 5% discount for all orders over 1,000 pieces. You can rely on us to give your order immediately attention. Yours faithfully,