第一篇 section5（课件）-《外贸英语函电》同步教学（大连理工大学出版社）

/05 Situation Offers Be familiar with the two types of offers. Be able to make an offer and make a reply to an offer. Be familiar with the words and expressions used in making and replying to an offer. Aims Today Offer is a major process in business negotiation. It is a definite indication of the willingness, either in writing or orally, from one party to another to contract for selling (in the case of a selling offer) or buying (in the case of a buying offer) a specific commodity on terms set out in the offer. The party who makes the offer is called the “offerer” while the opposite party is the “offeree”. There are two kinds of offer : offer with engagementand offer without engagement. An offer with engagement is also called “firm offer” or “irrevocable offer”. In this kind of offer, the offerer’s intention to make a contract is definitely indicated and the offerer cannot revoke or amend what he has offered during the validity of the offer. Once it is unconditionally accepted by the offeree within the validity, the transaction is completed and a contract is concluded right away. So it is binding on the offerer within its validity. Background Information An offer without engagement is also called “non-firm offer” or “free offer”. What is stated in an offer without engagement, contrary to the one with engagement, is unclear, incomplete and with reservation. This kind of offer is not binding on the offerer. Such expression as “reference price”, “subject to our final confirmation”, etc., are often used. A quotation is not an " offer”in the legal sense.A quotation is merely a notice of the price of certain goods at which the seller is willing to sell. It is not legally binding on the seller. The price is subject to change without previous notice. However , if a quotation is made together with all necessary terms and conditions of a sale,it equals to an offer. Background Information 发盘是交易磋商的主要步骤。它是交易的一方向另一方提出出售（售货发盘)或购买(购货发盘)某种商品的各项交易条件,并愿意按这些条件达成交易、订立合同的一种书面或口头的肯定表示。