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外贸函电与写作_Chapter SixOrders and Contracts Aims you can recommend the buyer to try to buy some substitutes. Of course, when you make recommendation of substitute letter, you should consider if the substitute may match the goods the buyer required. 1) Express your thanks of the order. 2) State your regret for being short of the stocks. 3) Recommend substitutes. 4) Ask for the prompt confirmation.Order letter (1) Opening Paragraph: Express the source of your order (from the catalogues, price list, samples). (2) Transitional Paragraph: A. Ask for confirming the order. B. Some terms asks forQuality. C. Some terms ask forPacking, Shipment. D. Some term ask forInvoice, Payment. (3) Closing Paragraph: Asks for their attention for the order(1) Opening Paragraph: Express your thanks for the order and State your acceptance for the order. (2) Transitional Paragraph: State an assurance of prompt and careful attention. (Quality, Packing, Shipment, Invoice, Payment.) (3) Closing Paragraph: Give your hope for further order. Acknowledgment of OrderDecline of Order and Recommendation of Substitute(1) Opening Paragraph: Express your thanks for the order. (2) Transitional Paragraph: Express having no stocks and recommend substitute. A. Out of stock. B. Recommend Substitute. C. Other Reason of Decline. (3) Closing Paragraph: Express your regret of unable to supply the order and hope to do business in future.Contract is an agreement when a seller or a buyer agrees completely with the terms and conditions of an offer, order or a counter-offer. He will send a Sales Contract (Confirmation) or a Purchase contract (Confirmation) to the other side to ask for counter-signature. In sending out the above contracts or confirmations, special attention should be paid to the price, terms of payment, specifications, quality, time of delivery, port of destination, etc. ContractThe Forms of ContractThere are several forms of contract for trade business with enforceable by law in China. 1) Purchase Contract (Importer. Buyer) 2) Sales Contract (Exporter. Seller) 3) Purchase Confirmations (Short form contract for import.) 4) Sales Confirmation 5) Order (signed by importer or end-user) 6) Indenture agreement (Used by agents) 7) Memorandum (Memo attached to contract, indicating that both parties agree on the correction of certain points of the contract.) 8) Agreement (1) Agency Agreement (2) Exclusive Sales Agreement (3) Distributive Sales AgreementThe Structure of Contracts 1) Heading (preamble) It includes title, number of the contract, date and place for signing the contract, parties and preface, etc. 2) Body It includes definition clause, general terms and conditions and the basic clause of the contract, reflecting duties and obligations of both parties. 3) Ending (witness) It includes copies, in the presence of, annex, signature, seal, etc.Purchase Contract 1) Specialized terms (1) Name of Commodity and Specification (2) Quantity. (3) Price. Unit price; Total value (4) Packing (5) Country of Origin & Manufacture (6) Terms of Payment. (7) Insurance (8) Time of shipment (9) Port of Loading (10) Port of Destination (11) Shipping Mark (12) Other terms. 2) General Terms and Conditions Overleaf(1) Shipping Documents (2) Terms of Shipment (3) Shipping Advice (4) Inspection (5) Validity of Claims (6) Arbitration. (7) Other TermsSales Contract 1) Specialized Terms (1) Name of commodity and Description of Commodities (2) Quantity (3) Price (Unit Price and Total Value) (4) Mark(5) Insurance(6) Port of Shipment (7) Port of Destination (8) Time of Shipment (9) Terms of Payment 2) General Terms and Conditions (1) Shipping Documents (2) Terms of shipment (3) Shipping Advice (4) Inspection (5) Force Majeure (6) Claims (7) Arbitration (8) Other TermsSample 1 Repeat Order Dear Sirs:Contract No. BL025-Yiyun Brand Womans T-Shirts We have received the captioned shipment ex s.s. “Dongfeng” and are very pleased to inform you that we find the goods quite satisfactory. As we believe we can sell additional quantities in this market, we wish to book with you a repeat order for 1,000 dozen of the same style and size. If possible, please arrange early shipment of this repeat order, as we are badly in need of the goods. In case the said goods are not available from stock, we shall be very grateful if you will advise us with full particulars of the specifications of those which can be shipped from stock. Yours faithfully,Sample 2 Decline of Order and Recommendation of SubstituteDear Sirs: Your Order No. 237 Referring to the 60 metric tons of Silicon Steel Sheet under your Order No. 237, we regret to tell you that we have no stock of the goods you require for the time being and do not expect further deliveries for at least another two months. Before then you may have been able to obtain the goods elsewhere, but if not we will revert to this matter as soon as our new supplies come up. We are enclosing 2 copies of our catalog covering all the articles available at present. If you need any of the items please inform us. We assure you that your requirement will receive our prompt attention at all times. Yours faithfully,Sample 3 Acknowledgment of Order Dear Sirs:Thank you for your letter of March 28, 2007 for 1,000 tons of our Bleached Softwood Pulp. Though the prevailing quotations are somewhat lower than our expectation, we will still accept the order on the same terms as you mentioned in view of encouraging our mutual business. As requested in your previous letter, we have made out and send you out Sales Confirmation No.0135 in duplicate and shall be grateful should you send back one copy duly countersigned. We are pleased to learn that a letter of credit will be immediately opened in our favor. Meanwhile, in order to avoid subsequent amendments, here we would like to draw your attention to the fact that the stipulations in the relative credit should conform strictly to the terms in our Sales Confirmation. We are appreciative of your cooperation and assure that the shipment to be dispatched after our receipt of the letter of credit will turn out to your entire satisfaction. Yours faithfully, Words and Expressions 1. trial order 试订 2. in accordance with 根据,按照 3. particulars n. 细则 4. hereto adv. 至此,关于这个 5. in duplicate 一式两份 6. indent n. 订货单 7. transact v. 交易 8. prompt adj. 及时的 9. captioned adj. 标题项下的 10. as per 按照 11. irrevocable adj. 不可撤销的 12. in your favor 以你方为抬头 13. dispatch v. 发货,发送 14. revert v. 回复 15. bleached adj. 漂白了的 16. prevailing adj. 流行的 17. mutual adj. 双方的,相互的 18. previous adj. 先前的,前面的 19. countersign v. 会签 20. stipulation n. 规定,条约Words and Expressions 1. accordance n. =according to ,be exact to eg: The quality must be in strict accordance with the sample. In accordance with the principle of equality and mutual benefit, foreigners are welcome to invest in China.Words and Expressions 2.enclose v.把 附在信中,随函寄去 eg: We are enclosing a price list of our products. We take pleasure in enclosing the catalogue asked for in your letter of Mar.23. enclosein/with eg: We enclosed price list in our letter of March 25. Enclosed Enclosed is our price list. Enclosed please find our inquiry sheet.Words and Expressions 3.countersign. v. 回签 A check countersigned on the back Please countersign the purchase confirmation. 4.herewith eg: Please fill in the form enclosed herewith. I am sending you herewith a cheque. 5. case, in case eg: The seller may cancel the contract and reserve the right to claim in case the buyer is in breach of the contract.Words and Expressions 6.confirm: v.确认,证实 e.g. (1) We are pleased to confirm your order of Dec.10,2002 inquiring for Chinese Silk Textiles. (2)We confirm with thanks the receipt of the October shipment of toys. Confirmation: n. e.g. The offer is subject to our final confirmation.Words and Expressions Confirmation of Purchase 购货确认书 c.f. Confirmation of Sales 售货确认书 在国际贸易中,买卖双方往往要经过多次函电磋商,才能对全部交易条件取得一致意见,达成交易。金额较小的交易,大多不再签订正式合 同,历次往来的函电在法律上就起着合同的作 用。 但为了避免争议,也可采用确认书的形式来代替 合同,即在确认书中重申主要交易条件,经双方签署确认,作为履约的依据。Words and Expressions 7.put through: complete, finish 完成 eg: We can put through the work, You can trust me . 8. in due course=in due time, duly按时 eg: Your request will be dealt with in due course.Words and Expressions 9. Acknowledge 告之已经收到 . We acknowledge your letter of Apr.19 as well as your faxes of Apr.5 and 18. He has still not acknowledged our letter of the 24th for alarm clocks.Words and Expressions 10. in duplicate一式两份 We are pleased to confirm the above order from you and are sending you our Sales Confirmation No. HZ 1034 in duplicate.,one copy of which is to be countersigned and returned for our file We will send you our Sales Confirmation No. 3426 in duplicate, one copy of which is to be countersigned and returned for our file.Words and Expressions 11. upon receipt of 一经收到 Upon receipt of your L/C we will ship the goods without delay. Useful Sentences -Order Letter 1) We send you the following trial order on the basis of your terms of May.10: 2) Thank you for your letter of May 10 enclosing your latest illustrated catalog. We would like to order 50 units of Model AZ10 shown on P25 of the catalog. 3) We would like you to immediately send us your acknowledgment of this order. 4) We would appreciate your greatest care in selecting good quality. 5) We may reject the goods if there are any marks or blemishes on the surface. 6) Our customers require the goods for the summer vacation. So please send the goods by the end of June. 7) Please follow our shipping instructions when you pack the order. 8) Three copies of the invoice, a copy each of the packing list and other necessary documents should be sent to us by air mail. 9) Your early attention to this order will be appreciated. 10) This is a trial order. If the quality proves to be satisfactory, we will give you larger orders in the future.Acknowledgment of Order. 1) Thank you for your Order No. 123 of April 4, which we accept on your terms. 2) We acknowledge with thanks your order of May 2 for 50 units of Motorcycle M 105. 3) We are pleased to confirm your order of June 1 for 1000 dozen Silk Handkerchiefs. 4) We thank you for your letter of April 2 enclosing your Order No.213, acceptance of which was faxed you as in the attached copy. 5) We will do all we can to fill your order so that the goods will be shipped before October 15. 6) We will let you know the exact date of shipment and the name of the steamer as soon as possible. 7) We will check the goods carefully so they will reach you in good condition. 8) You may rely on us to carry out your instructions in every detail. 9) Thank you again for your order, and we promise you to pay our best atten
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