进出口贸易磋商环节 译文.doc

进出口贸易磋商环节进出口贸易磋商是交易双方当事人按照一定的程序对各项交易条件表示意见的过程。交易磋商有两种基本的形式：口头磋商和书面磋商。无论是采用口头磋商的方式，还是书面磋商的方式，进出口贸易磋商的一般程序都包含询盘、发盘、还盘和接受四个环节。具体到一笔交易的洽谈上， 四个环节并非都要一一经过，但是发盘和接受是合同订立的两个必经的最基本的、法定的环节。一、询盘贸易磋商从询盘开始。询盘通常由买方发出，向卖方询问贸易条件。也可以由卖方发出，他可以通过向外商询盘，说明向买方销售某种商品的意图，开始磋商。询盘的内容可以是询问价格，也可以询问商品名称、规格、质量、数量、交货期等其他多项交易条件以及索要样品或商品目录等。(1) 买方询盘示例从美国贸易指南中看到贵公司的广告，我公司方得知贵公司出口各类中国式服装，请寄送各类产品的详细资料，包括尺码、颜色、款式与价格在内，并请附寄用各种质料制成的样品。我公司是本地最大的百货公司之一，深信市场对中国式服装的需求迅速增加，如果贵方能告知可资竟争的价格，我方希望大量订购2。复信时，请说明最早装运期及数量折扣。(2)卖方询盘示例随函附寄我方最新款式的女鞋手册。这是专门为西方顾客设计的，根据我方多年的经验，可以向贵方保证这些货定会在西方市场受欢迎。我方可在四周之内为贵方提供任何款式的样品，但鉴于此类产品的需求量大，此期限之后将无法保证。若订货超过500件以上，则在发票日期起30天内付款可以得到7%的折扣。但是询盘不是交易磋商的必经步骤，在某些特定情况下，买方可能直接收到卖方的发盘，或直接向卖方发盘，但一般来说，询盘往往是一笔交易的起点。值得注意的是不管是谁发起的询盘，都没有义务一定要购买或者销售，同时，另一方也可以置之不理。但是作为国际贸易中的惯例，收到询盘的一方会立即回复以报盘、报价或者递盘、订货等。二、 发盘 offer发盘是个人或者公司声明他或者它愿意在特定条件下，以特定价格出售或者购买一定數量的货物。一旦发盘被接受，则有关双方就受到法律的约束。清晰而准确的发盘应包括对货物的具体描述、价格、包装、数量、质量、装运日期和方式、付款方式及发盘有效期等内容。由卖方做出的发盘称为售货发盘。由买方做出的发盘称为购货发盘或称递盘。例如：为了优惠所有的客户，本公司的所有产品将打八五折，为期仅为两个月。本公司建议贵方，利用此次报价，大批订购。三、 还盘还盘是受盘人向发盘人做出的接受一些条件，并更改其他条件的发盘。事实上，还盘就是拒绝以前的发盘。因此，它是新的发盘，同时，原来的发盘也就失去效力。还盘中提出新的价格和其他新的条件。对于双方巳经同意的交易条件，一般可以不在还盘中重复列出。例如：A counter offer is an offer where some terms have been received and changed by the offer receivers . in fact, a counter offer is a refuse of the previous offer adnd the starting point of a new offer and the invalid of the old offer. A counte roffer contians new prices and other ner terms. As for the terms agreed by the two parties as a rule, are not relisted in the couner offer.关于灯泡的订单已经收到。由于我方承约过多，很遗憾不能接受贵方要求三月装船的订单。但是鉴于我们长期的合作关系，而且所订购数量很少，若贵方接受5月装船，我们准备以每只2美元履行贵方订单。该装船运期可能有点长，但这是我们目前所能做的。若贵方接受该报盘，请在本月底电告，以便我方最后确认。感谢贵公司在此方面的密切合作。四、 接受贸易磋商的最后一步是接受。接受就是同意发盘或者还盘的条件，它意味着双方缔结了合同关系。现在即使双方没有签订书面合同也可以开始交易了， 虽然大多数贸易活动中他们都会签订合同。例如：贵方9月15日来电收悉，感谢贵方的合作。我方得知500件总价为1万5 千美元 CIF伦敦价。本公司同意贵方报价并盼望贵方接受本函作为洽谈货物中的正式订单。(1438字)English VersionProcedures of Import and Export Trade NegotiationImport and export trade negotiation is the process whereby the two parties involved in a transaction express their different opinions of the terms of a sale according to certain procedures. Trade consultation generally falls into two forms: oral consultation and written consultation. No matter which form is adopted, inquiry, offer, counter-offer and acceptance are generally included in the import and export trade negotiation process. A certain negotiation does not necessarily go through these steps one by one. However, offer and acceptance are two fundamental and legally required steps which are necessary for concluding a contract.1. InquiryBusiness negotiation commences with inquiry. Inquiry is usually made by the Buyer, inquiring the Seller about the terms of a sale. It can also be made by the Seller, who may initiate the negotiation by making an inquiry to a foreign Buyer, stating his intention of selling a certain kind of goods to the buyer. An inquiry may include inquiry of price, as well as other terms of trade such as name of goods, specifications, quality, quantity, time of delivery, and requirement for samples and catalogues, etc.1) An example of an inquiry from the Buyer may be:Seeing your advertisement in the American Trade Directory, we know that you are exporters of Chinese garments in a variety of styles. Would you please send us details of your various ranges, including sizes, colors, styles and prices, and also samples of different qualities of materials used.Were one of the largest department stores here and believe there is growing demand for Chinese garments in our market. We expect to be able to place substantial orders with you provided you can quote fully competitive prices.When replying, please state the earliest delivery date and quantity discount.2) An example of an inquiry from the Seller may be:Attached please find the brochure of the latest designs of our womens shoes. They are for western customers and we can assure you that these goods will be popular in western markets, of which we have had much experience. We can offer you any of these samples in four weeks but cannot promise anything definite beyond that period in view of the heavy demand for this type of goods. In case of an order for more than 500 pieces we would grant a special discount of 7% for settlement within 30 days from date of invoice,However, an inquiry is not a necessary step in business negotiations. In certain circumstances, a Buyer may receive the Sellers offer without an inquiry or he can make one directly to the Seller. But generally speaking, inquiry is often the starting point of a transaction.It is worth noting that whoever makes an inquiry is not obliged to buy or sell, and the other party, at the same time, can make no reply at all. But as is the general practice in international trade, the receiver of an inquiry will respond without delay with an offer, quotation, or bid and order.2. OfferAn offer from one individual or company to another is a declaration that he or it is willing to sell or buy a certain amount of specified goods, at a specified price, under specified terms. An offer becomes legally binding upon the parties involved upon its acceptance. A clear and accurate offer should include detailed descriptions of the goods, price, packing, amount, quality, time of delivery, mode of delivery, mode of payment and the time of validity of an offer, etc. An offer made by the seller is called “selling offer”, and an offer made by the buyer is called “buying offer or bid. For example:In order that all of our customers may enjoy the advantage, we are offering a special offer of a 15% discount on all our products to our customers for only two months. We suggest that you take advantage of this offer and make a large order.3. Counter-offerA counter offer is an offer made by an offeree to an offeror, accepting some terms and changing others. A counter-offer, in fact, is a rejection of the offer. Hence, it is a new offer and at the same time, the original offer lapses. In a counter-offer, a new price as well as other new terms is suggested. Those terms of trade that have been accepted by both parties are usually not reiterated in the counter-offer. For example：Your order on bulbs is appreciated.Owing to heavy commitments, we regret being unable to accept orders for a March shipment.However, in view of our long connection and as the quantity involved is rather small, we are prepared to entertain your order at $ 2 each, provided you accept a May shipment. The date may appear somewhat extended but it is the best we can do under the circumstances. If you find our offer acceptable, please telex us your acceptance before the end of this month for our final confirmation.We thank you for your close co-operation in this respect.4. AcceptanceThe final step for business negotiation is acceptance. An acceptance is an assent to the terms of an offer or counter-offer. An acceptance means the formation of the contracted relationship of the two parties. They can begin their business now even if they have not signed a written contract or a sales confirmation though in most business practice they do. For example:We are in receipt of your letter of September 15 and appreciate your cooperation very much. We note that the total cost of the 500 units is $ 15, 000 CIF London. We agree to this price, and would ask you to accept this letter as our official order for the goods in question.(961words)In-class Translation materialPassage 1Confirming an OrderWe are appreciative of your cable responses dated June 3 and June 12 to our request for an 8% reduction in price and through your full co-operation we have been able to confirm the following order with you at your revised price:Fifty long tons of Tin Foil Sheets at 124. 20 per long ton CFR Shanghai for shipment during July, for which we are sending you our Purchase Confirmation No. HXAS 4748 in duplicate. Please sign and return one copy for our file at your earliest convenience.We are arranging for the establishment of the relative L/C with the Bank of China, Shanghai and shall let you know as soon as it is opened.As we are in urgent need of the goods, we hold it necessary to stress the importance of making punctual shipment within the validity of the L/C; any delay in shipment would be detrimental to our future business.译文确认定货感谢你方答复我方关于减价8免的要求。由于你方的通力合作，我方才能按你方修正价确认你方订货如下：锡箔50长吨，每长吨成本加运费到上海价124.20英磅，七月份交货。我们将寄去有关此定货的第HXAS 4748号购货确认书一式两份，请尽快签退一份，以备我方存查。我方正与中国银行上海分行安排开立有关信用证。信用证一开出，当即电告你方。由于我们急需此货，我们认为有必要强调一下在信用证有效期内按期装运的重要性， 装运方面的任何延误将不利于双方今后的业务。Passage 2询盘我奥登色一客户欲购2004年产50公吨苦杏仁，特请你方开报奥登色到岸价最惠实盘，含2%佣金在内，并请告付款条件及最早交货期。货若能直达奥登色，则非常感谢。请早日办理，预致谢意。催开信用证关于我方第C215号售货确认书项下四千打衬衫，拟提请注意交货期日益迫近，但至今我们仍未收到有关信用证。请尽速开立信用证