内容正文:
Chapter Ten
Business Negotiation
Learning objectives
Know the preparations for business negotiation and the principles followed.
Familiar with the procedures of business negotiation.
Master the necessary conditions for a valid offer and acceptance in law.
Contents
Case study
1
Section 1 The General Process of Export/Import
Transaction
2
Section 2 Enquiry (Inquiry)
3
Section 3 Offer
4
Section 4 Counter offer
5
Section 5 Acceptance
6
Key Terms
7
Case Study
A Chinese importer received an offer form a French trader on July 16, 2013, “400 METRIC TONS TINPLATE USDOLLARS 540 CFR CHINA PORT AUGUST SHIPMENT SIGHT L/C SUBJECT TO YOR REPLY REACHING US BY JULY 20”. The Chinese importer replied on July 17 stating “We can accept the offer if the unite price is USD500.00 CFR China port. If there are some disputes, arbitration in China.” The French trader replied “The market is firm, the price cannot be reduced, the arbitration can be accepted, please reply as soon as possible.” There was really an upward tendency in the tinplate price at the same time. So the Chinese importer replied immediately “We accept your firm offer of 16th. The L/C has been established through the Bank of China, please confirm.” However the French trader did not confirm and returned the L/C. Question: weather the contract is established? Does the Chinese importer make any mistakes during the negotiation?
Analysis
The contract is not established. The reason is that the French trader made an offer on July 16th, the Chinese importer made a counter-offer on July 17th, and then the offer of July 16th was invalid. The Chinese importer made two mistakes in the case: One is that he should not accept the French trader’s offer of July 16th. He had better accept the offer of July 18th. The other is that he should not use the wording or the sentence such as pleas confirm when making acceptance.
Inquiry
An enquiry is a request for information concerning the avail