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Situation
Acceptance
and Order
Be familiar with the contents of acceptance and order
Be able to make an acceptance
Be able to place an order
Be able to decline an order
Be familiar with the words and expressions used in making an acceptance and placing or declining an order
Aims Today
1.Acceptance
An acceptance is a total assent to the terms and conditions of an offer or a counter-offer. If the offer is a firm offer ,acceptance means that the offeror and the offeree have come to an agreement on the sale. It is binding on both parties. If the offer is a non-firm offer,a deal is not concluded until the acceptance is confirmed by the offeror.
2.Order
A purchase order only expresses the intention of the buyer to place an order with the seller.It functions as an offer or an invitation to offer. But if the order is accepted by the seller,it constitutes a purchase contract and is legally binding on all parties.
Background Information
1.接受
接受是完全同意发盘或还盘的条款。如果发盘是一个实盘,接受则意味着发盘人和受盘人之间就这次交易已达成协议,对双方都具有约束力。如果发盘是一个虚盘,则此接受需要由发盘人确认后交易才会达成。
2.订单
购货订单是买方向卖方表达订货的意向,相当于发盘或邀请发盘。但如果订单被卖方接受则构成购货合同,在法律上对双方都有约束力。
Background Information
Specimen Letter 1-Accepting a Counter-offer
Dear Mr. Gable,
Re: 100% Cotton Men’s Jackets Item No.7009A
Thank you for your e-mail of Nov. 30 giving us a counter-offer for the subject goods. Although your price is below our level, we have finally accepted your counter-offer with a view to initiating our business at an early date.
We now confirm our acceptance, subject to the following stipulations:
Commodity: 100% Cotton Men’s Jackets Item No.7009A
Size: M/L/XL
Quantity: 8,000 pieces
Unit price: USD29.00/pc, CIF Hamburg
Packing: Each jacket will be packed in a polythene bag and then to a paper box, 20 boxes to a seaworthy carton, solid color and solid size in each carton.
Marks: BGC/ Hamburg/ C/No.:/ C/No.:
Task 1
Specimen Letter 1-Accepting a Counter-offer
Insurance: To be covered by the seller against WPA for 110% of the invoice value as pe