第一篇 section 11（课件）-《外贸英语函电》同步教学（大连理工大学出版社）

/11 Situation Contract and Confirmation Be familiar with the contents of a contract or confirmation Be able to send a contract Be able to countersign a contract Be familiar with the words and expressions used in sending or signing a contract Aims Today Once a firm offer is accepted or an order is confirmed,a contract is established.There is no legal requirement for the form of a contract. Nevertheless, a written contract is widely used in international trade practice.Written contracts usually take the form of contract , confirmation，agreement and memorandum. In China，the forms more commonly used are contract and confirmation，which are usually printed，for most of the details are identical. A sales contract is a written agreement between a seller and a buyer stating the terms and conditions for a sale. While a purchase contract is a contract stating the terms of purchase. The major difference between a sales contract and a purchase contract is that a sales contract is drafted by the seller and a purchase contract by the buyer. A contract is very formal. It consists of not only such items as the name of commodities，specifications，quantity，price,packing，marking，shipment and payment，but also covers insurance, inspection, claims, arbitration and force majeure, etc. Background Information Like sales contract and purchase contract，a sales confirmation and a purchase confirmation are drafted by the seller and the buyer respectively. The major difference between a contract and a confirmation is that a contract is more formal and complete while a confirmation covers several main items only. Therefore a contract is more appropriate to transactions in large amount or substantial quantities. But the yare equally binding on the parties legally. Background Information 一旦实盘被接受,或者订单被确认,合同即告成立。法律上对合同的形式没有特别的要求。但对外贸易一般签订书面合同。书面合同主要有合同、确认书、协议和备忘录。在中国,进出口公司大多使用合同和确认书，—般事先印好,因为大部分内容是相同的。 销售合同是买卖双方就货物的销售条件而达成的书面协议﹐购货合同则是买卖双方就货物的购买条件而达成的书面协议。两者之间的区别在于前者由卖方起草，而后者由买方起草。合同非常正式,它不仅包含商品名称、规格、