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Ex-Import Procedure(to Way of Payment) |
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Export-Import procedure according to the Irrevocable Documentary Credit method
Offer
[1] Business proposal
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| | - When a company seems possible for further business after credit inquiry, then propose
specific business details.
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[2] Offer & Acceptance
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| | - Offer : Product selling condition of Seller. Usually the useable sentence would be "We offer~~" to differentiate from a simple Quotation of Price and invitation invoice.
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| | - Acceptance : Agreeing to the Offer contents unconditionally. Conditional agreement is called Counter Offer and regarded as a new offer.
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| | - Trade practice : More use in proforma invoice instead of a offer presented by a seller, a purchase order or indent order instead of a order presented by a debtor.
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| | - Offer : To make sure the details, exactly made out to send through Mail Conformation.
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| | - Acceptance : Enclose Sales Note or Purchase Note when sending mail conformation for a signature to be made on the original documents.
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| | | (1) Offer condition
- Specify others
- Indicate the product
- Clearly or Implicitly settle the quantity and the amount.
- Settle Validity for approval period - Mark irrevocable
- it begin validity when arrived to the other party - Confirming details
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| | | (2) Acceptance condition
- Organized by a statement of Offeree and other deed
- If supplement, delete other changes are possible with Offer ; It may be regarded as a
rejection to the offer and a new offer which is a counter offer.
- Actual transaction : If general conditions such as quantity, price and shipping terms
and conditions are agreed, it may be regarded as a contracted transaction
regardless disagreement on other things.
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| | | (3) Effective period
- Vienna Convention : Select receipt rule
- Common law system : In case with Offer case Acceptance of receipt rule case :
Post-mail rule is principle
- Germany and Continental law : Offer, Acceptance are receipt rule principle
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| | | (4) The kinds of Offer
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<1> Depends in the issuers
1. Selling Offer(Original Offer)
2. Buying Offer(Original Order)
<2> Depends in the issuers
1. Local issue Offer
2. Abroad issue Offer
<3> Depends on the issuing period
1. Original Offer--Offer by Offerer
2. Counter Offer--Offer corrected the offer items by a person received offer
<4> Depends on the decision
1. Firm Offer
- Price, transaction condition, validity period instituted Offer
- Changing offer, cancellation, withdrawal notice : Changes, cancellation and
withdrawal is possible before Offeree of concerned offer arrives or arrives together.
- validity expiration : Automatically deprive validity
Ex)- We offer(you) firm subject to reply(being) received(here) by september 10, 1996.
- We are pleased to offer you subject to your reply reaching us by the end of september. - We take pleasure in offering you subject to reply here by the 10th of this month.
- We make a firm offer subject to immediate acceptance by cable.
2. Free Offer (Undetermined Offer)
- Price, transaction condition, validity period are not determined
- Although Offeree accepts, Offeror has to make final Conformation to materialize
the contract.
<5> Special Offer
1. Offer without Engagement(Non confirmed Offer)
- The price in Offer can be changed according to the Market Fluctuation
Ex)- We are pleased to off you without engagement as follows.
2. Offer subject to being unsold or Offer subject to prior sale
- When there are stocks left, Acceptance is the valid conditional Offer(First come-First served condition)
3. Offer on Approval
- Send products with Offer, and if have intend to purchase the products, then
send payment otherwise, return the products.
Ex)- You can keep it for a week. If you like it, send us US$5, if not you may return it to us without any obligation on your part.
4. Offer on sale or return
- Send products with Offer, and arrange the products of Offeree that are left from
sales. (Books, miscellaneous or use with Consignment)
5. Offer Subject to Final Confirmation
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| | | (5) Things to be cautious when preparing Offer
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| <1> commodity name
- Clearly state to prevent confusion that might arise because of similar name or
similar commodity name.
Ex)- Pen---Fountain Pen or Ball Pen
<2> Grad or Specification
- Detail indication of quality and specification Ex)- Gold---24K or 14K
<3> Origin
- Detail indication of country and region Ex)- Wine---Spain or France
<4> Validity
- On the Offer, indicate validity for only Resonable Period of Time.
- Allow within one week period time to the Items that fluctuates by International rate. - Validity expressing method
A. The given date expressing method
Ex)- We offer firm for your reply within seven days
B. Expressing method by period
Ex)- We offer firm for your reply reaching us by the 23th July,1994
C. Expressing method describing a short period
Ex)- We offer firm for your reply reaching us by tomorrow(within 24hours)
- We offer firm for immediate(prompt urgent) reply
<5> Shipping date (Delivery Date)
- There must be a date for "Until when could the products ship?" in the Offer.
<6> Packing method
- Each in a vinyl bag, 100 pieces in a carton box.
- Standard export packing.
- Export standard packing, completely free from moisture and water
<7> Quantity
- Be cautions with using units for quantity.
Ex)- Weight, Length, Measurement, Piece
<8> Unit Price
- Make sure which currency they are.
Ex)- Dollar---U.S. Dollar or Australian Dollar
<9> Payment Condition
- Decide wether to choose from remitting paying method, payment by credits, or by
collect method. |
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