第3部分課件：談判以及外貿(mào)業(yè)務(wù)基本程序

1、2021/8/212021/8/222021/8/232021/8/242021/8/252021/8/26InquiryOfferCounter-offerAcceptanceSales Contract2021/8/272021/8/28 Offer2021/8/292021/8/210 2021/8/211 CISG Article 20: A period of time for acceptance fixed by the offeror in a telegram or a letter begins to run from the moment the telegram is

2、handed in for dispatch or from the date shown on the letter or, if no such date is shown, from the date shown on the envelope. A period of time for acceptance fixed by the offeror by telephone, telex or other means of instantaneous communication, begins to run from the moment (1) that the offer reac

3、hes the offeree.2021/8/212 CISG Article 20(2) Official holidays or non-business days occurring during the period for acceptance are included in calculating the period. However, if a notice of acceptance cannot be delivered at the address of the offeror on the last day of the period because that day

4、falls on an official holiday or a non-business day at the place of business of the offeror, the period is extended until the first business day which follows.2021/8/213When an offer becomes invalid？2021/8/2142021/8/215Revocability of an offerCISG Article 16(1) Until a contract is concluded an offer

5、may be revoked if the revocation reaches the offeree before he has dispatched an acceptance. (2) However, an offer cannot be revoked: (a) if it indicates, whether by stating a fixed time for acceptance or otherwise, that it is irrevocable; or (b) if it was reasonable for the offeree to rely on the o

6、ffer as being irrevocable and the offeree has acted in reliance on the offer.2021/8/216 Counter offer2021/8/2172021/8/218 Acceptance2021/8/2192021/8/220Late Acceptance2021/8/221Acceptance with modifications2021/8/222 3) Additional or different terms relating, among other things, to the price, paymen

7、t, quality and quantity of the goods, place and time of delivery, extent of one partys liability to the other or the settlement of disputes are considered to alter the terms of the offer materially. 2021/8/223Manner for indicating assent(1) A statement made by or other conduct of the offeree indicat

8、ing assent to an offer is an acceptance. Silence or inactivity does not in itself amount to acceptance. (3) However, if, by virtue of the offer or as a result of practices which the parties have established between themselves or of usage, the offeree may indicate assent by performing an act, such as

9、 one relating to the dispatch of the goods or payment of the price, without notice to the offeror, the acceptance is effective at the moment the act is performed, provided that the act is performed within the period of time laid down in the preceding paragraph.2021/8/224When acceptance becomes effec

10、tive?(2) An acceptance of an offer becomes effective at the moment the indication of assent reaches the offeror. An acceptance is not effective if the indication of assent does not reach the offeror within the time he has fixed or, if no time is fixed, within a reasonable time, due account being tak

11、en of the circumstances of the transaction, including the rapidity of the means of communication employed by the offeror. An oral offer must be accepted immediately unless the circumstances indicate otherwise. 2021/8/225CISG Article 22 An acceptance may be withdrawn if the withdrawal reaches the off

12、eror before or at the same time as the acceptance would have become effective.2021/8/226 Conclusion of a contract CISG Article 23 A contract is concluded at the moment when an acceptance of an offer becomes effective in accordance with the provisions of this Convention. CISG Article 11 A contract of

13、 sale need not be concluded in or evidenced by writing and is not subject to any other requirement as to form. It may be proved by any means, including witnesses. 2021/8/227 Conclusion of contract 2021/8/228CISG Article 29 (1) A contract may be modified or terminated by the mere agreement of the parties. (2) A contract in writing which contains a provision requiring any modification or termination by agreement to be in writing may not be otherwise modified or terminated by agreement. However, a party may be precluded by his conduct from assert