商务英语谈判Types of BN

1、Types of Business Negotiation lSales of Goods lInvestment lTechnology Transfer 外语教学与研究出版社外语教学与研究出版社 lBulk commodities 散装货 lSeaworthy packing 耐航包装 lCustomary packing 习惯包装 lPromissory note 本票 lMail transfer 信汇 lPartial shipment 分批装运 lMultimode 多式联运 l lWhat Should Be Negotiated lQuality lQuantity lPack

2、ing lPayments lShipment lInsurance lClaim and Arbitration lTips for sales negotiation lAll terms concerning the transaction lSpecific clauses in a contract lSale by sample; lSale by description and illustration; lSale by trademark or brand; lSale by place of origin; lSale by specification, grade or

3、standard. lSale by Description （凭说明买卖） lSale by Sample （凭样品买卖） lSale as it is (看货成交) 外语教学与研究出版社外语教学与研究出版社 案例案例 某公司与日本某会社签定一单凭我样品出口“土纸” 合同。货抵横滨港后，经开箱检验，日方即以货品不符合 同品质约定为由，向我提出异议索赔。 我方：复验，与样品相符，拒付 日方：部分工序为机械操作，继续索赔 我方：同意酌情给予赔偿 1. 1. 致损原因：二个质量标准致损原因：二个质量标准 2. 2. 风风 险：多个标准同时存在，交叉约束险：多个标准同时存在，交叉约束 3. 3. 规

4、避方法：样品是表示品质的唯一依据规避方法：样品是表示品质的唯一依据 lSale by Specification, Grade or Standard （凭规格，等级，标准） lSale by Brand Name or Trade Mark （凭品牌或商标） lSale by Name of Origin （凭产地名称） lSale by Description and Illustration （凭说明书和图样） Content Grade Tungsten Trioxide (Min.) Tin (Max.) Arsenic (Max.) Sulphur (Max.) Superior

5、1 2 70% 65% 65% 0.2% 0.2% 0.1% 0.2% 0.2% 0.2% 0.8% 0.8% 0.8% lOrder a sample before committing to a purchase order lUse Pre-Shipment Inspection Services. lPacking lIn case failure to ensure that the quality of the goods delivered is in accordance with the contract or sample. lWeight: metric ton, kil

6、ogram, pound, ounce, gram, lNumbers: piece, pair, set, dozen, gross lLength: meter, foot, yard, mile, inch, lArea: acre, square yard, square foot lVolume: cubic meter, cubic yard lCapacity: liter, gallon, bushel, etc. lImportance of packing： Preventing or minimizing the damage of shipment; Promoting

7、 product sales; Avoiding possible rejection of the shipment by the buyer. lThree types of commodities Bulk Commodities Nude Packed Commodities Packed Commodities lThree types of packing lTransport Packing lSales Packing lNeutral Packing lSpecial Request for packing lAlso called big packing or outer

8、packing lCharacteristics of Transport Packing Be solid and durable and adaptable to changing climates; Be uniform As small and light as possible lTypes of Transport Packing lBags/Sack lCarton件 lCase lCrate lDrum lBale 捆 lCan lCarboy大玻璃瓶 lContainer lPallet运货板 l干货集装箱（Dry Cargo Container） 20Steel Reefe

9、r with Meat Hang System 20钢质挂肉冷藏箱钢质挂肉冷藏箱 lSales packing (inner packing, small packing or immediate packing) is mainly used for the purpose of promoting sales. A silent salesman lFunctions of sales packing For Display and sale For Identification of the commodity For consumer convenience in use lPilin

10、g-up Pattern lHanging-up Pattern lSpreading-up Pattern lTransparent pattern and windowed pattern lCustomary Packing Pattern lPattern for Carrying about lPattern for Easy Opening lPattern for Spraying out lPattern for Forming a Complete Set（ 套装） lPattern for Showing off a Gift lAvoid using unclear te

11、rms such as seaworthy packing and customary packing lSpecial request for packing The shipping marks Indicative marks lThe importance of and consistency in using shipping marks Packing, invoice, insurance policy（保险单）, certificate, bills of lading（提货单）, etc. lISO standard shipping marks: Simple and cl

12、ear Proper position, durable color No advertising allowed lConsignee收件人收件人 or Consigners Code Abbreviations: TEC, ITC lReference Number Number of sales contract, L/C, etc. lPort of Destination lPackage Number The total number of the whole lot of consignment and individual package number e.g. NO.28/8

13、00 lIndicative Marks refer to the requirements and matters which need serious attention for the process of transporting, loading, unloading and storing goods. lTypical Marks: 外语教学与研究出版社外语教学与研究出版社 外语教学与研究出版社外语教学与研究出版社 lPayment Terms lHow to Protect Yourself Against Payment Risk lAmount of payment lTi

14、me of payment lConditions of payment lMethods of payment lRemittance汇款汇款 mail transfer (M/T) telegraphic transfer (T/T), remittance by bankers demand draft（即期 汇票）, D/D lCollection Documents against payment (D/P)付款交单 Documents against acceptance (D/A)承兑交 单 lLetter of credit (L/C) 信用证信用证 Beneficiary收款

15、人 Remitting Bank 汇出行 Paying Bank付 款行 Remitter汇款人 1 2 3 Workflow of M/T ,T/T 1 application and payment 2. telegraph or mail the order 3. payment 14 3 Workflow of D/D 1. Application and payment（申请及付款） 2. Draw the Bankers Demand Draft 3. Send the Draft 4. Demand for payment of draft 2 Remitter Remittin

16、g Bank Paying Bank Beneficiary 3 Documentary collection is a method of effecting payment for goods whereby the seller ships goods to the buyer, but instructs his bank to collect a certain sum from the buyer in exchange for the transfer of relevant documents. Drawee/importer Remitting bank Collecting

17、 bank 1 2 3 Workflow：D/P (1) shipment (2) present documents (3) send documents and Instructions (4) advise the importer 745 6 (5) make payment or acceptance and get documents (6) send funds (7) pay the exporter Principal/exporter lPrincipal is the one who draws the bill of exchange and authorizes hi

18、s bank to effect the collection. lRemitting bank is the bank authorized by the drawer of the draft to effect collection from the buyer. Usually at the sellers place. lCollecting bank is the bank authorized by the remitting bank to collect the payment from the drawee. Usually in buyers country. lDraw

19、ee is usually the buyer of the goods who should make payment of the goods in time. lDocumentary lCollection lDocuments against lpayment at sight l(D/P at sight) lDocuments against lpayment lafter sight/date l(D/P after sight/date) lDocument against lAcceptance (D/A) lThe seller hands the shipping do

20、cuments with a draft to the remitting bank, which will present them to the buyer. lThe buyer upon sight makes the payment and get the documents. lThe collecting bank get the payment and notifies the remitting bank to pay the seller. lThe shipping documents to be delivered against payment only. lThe

21、buyer will pay the draft amount on the specified time. XX days after sight XX days after date of B/L XX days after date of the draft lThe documents will be released until the payment is made. lThe seller has to wait for a period of time to get the payment. lUnder D/A, the buyer can get the documents

22、 from the collecting bank after he has duly accepted the draft. lIn some countries, D/P after sight/date is regarded as D/A. lThe issuing bank has primary liability for payment. 开证银行负第一付款责任。 lL/C is a self-sufficient instrument. 信用 证是一项自足文件。 lDocumentary credit is a pure documentary transaction. 信用证

23、方式是 纯单据业务 lA A A A Applicant Advising bank Beneficiary Issuing bank 1. The buyer and seller conclude a sales contract specifying documentary credit as the method of payment. 2. The buyer instructs his bank, the issuing bank to issue a credit in favor of the seller. 3. The issuing bank opens the cred

24、it and sends it to the advising bank. 4. The advising bank informs the seller that the credit has been issued. As soon as the seller receives the credit and is satisfied with the terms and conditions, he is in a position to load the goods and dispatch them. 5. the seller then send the documents evid

25、encing the shipment to the negotiating bank and the bank will negotiate according to the terms of the credit. 6. The bank sends the documents to the issuing bank. 7. The bank effects payment in accordance with the credit if the documents meet the requirements. 8. The issuing bank releases the docume

26、nts to the buyer upon payment of the amount due, or upon other agreed terms between the buyer and the issuing bank. lAvoid open-account with new partner and a letter of credit is suggested. lSufficient background checks. lIf the seller seems more focused on payment than any other issue, or indicates

27、 that cash payment must be made urgently, more caution should be given to the transaction. lTo develop a long-term relationship with our customers based on mutual trust. lShipping documents compared to domestic ones the name of the exporting carrier the latest allowed arrival date at the port of exp

28、ort. instructions for the inland carrier to notify the international freight forwarder on arrival. 运输方式运输方式 国际联运国际联运 航空运输航空运输 多式联运多式联运多式联运经营人多式联运经营人 民航公司或民航公司或 外运外运 铁路始发站铁路始发站 签发人签发人 海运提单（海运提单（B/L） 船长或船公司船长或船公司 或其代理或其代理 外运公司外运公司 邮局邮局邮政运输邮政运输 港、澳港、澳 海洋运输海洋运输 送银行办理议付的运输凭证送银行办理议付的运输凭证 货物收据（货物收据（Cargo R

29、eceipt） 邮包收据（邮包收据（Parcel Post Receipt） 铁路运单副本铁路运单副本 航空运单（航空运单（MAWB或或HAWB） 多式联运单据（多式联运单据（MTD）或）或 集装箱联运提单（集装箱联运提单（CTB/L） 铁铁 路路 Transportation mode Air International MT MTO Airlines or Freight forwarder Departing Railway station issuer Ocean B/LShipping company Sino-trans Post officeParcel post HK, Mac

30、ao Marine Shipping document for bank negotiation Cargo Receipt Parcel Post Receipt Copy of railway bill MAWB or HAWB MTD Rail way International combined lA through bill of lading under a multimode contract lConsult with a freight forwarder when determining the method of international shipping, lCons

31、idering the cost of shipment, delivery schedule, and accessibility to the shipped product lA free-trade zone or a free port lWho is responsible for delivering the goods lPlace of shipment and destination lThe date and time of delivery lWho is responsible if the goods are lost or damaged during deliv

32、ery, or if the goods are delayed? lPartial shipment and transshipment lExport shipments are usually insured against loss, damage, and delay in transit by cargo insurance. lFor air shipment, air waybill serves as insurance certificate; for sea shipment, insurance certificate is issued as evidence of

33、the existence of the marine insurance policy. lThe marine insurance policy is a contract between the insured and the insurer, and its principal purpose is to define the terms of the agreement between the insured and the insurer. lWho buys insurance a buyer should strive to sign a contract in FOB and

34、 CFR terms and a seller should strive to sign a contract in CIF terms. lWhat kind of insurance lThe amount to be insured 基本险别基本险别 Basic Risks 附加险别附加险别 Additional Risks 一切险（一切险（AR） 平安险（平安险（FPA） 水渍险（水渍险（WPA/WA） 一般附加险一般附加险 General additional risks 特殊附加险特殊附加险 Special additional risks lTheft, Pilferage,

35、and Non-Delivery (T.P.N.D) (偷窃， 提货不着) lFresh water and/or rain damage （淡水雨淋险） lShortage （短量险） lIntermixture and contamination （混杂、玷污险） lLeakage （渗漏险） lClash and breakage （碰损、破碎险） lTaint of odor （串味险） lHook damage （钩损险） lBreakage of packing （包装破裂险） lRust （锈损险） lHeating and sweating （受潮、受热险） lBreach o

36、f a contract arises where any party does not abide by the stipulations of the contract. lClaim（索赔） refers to that in international trade, one party breaks the contract and causes losses or damages to the other party directly or indirectly, the injured party may ask for compensation for the losses or

37、 damages. lMake clear what the claim is lDo not let anger show and avoid sarcasm lGive the facts calmly, specifically and thoroughly lRequest action: a replacement, repair, refund or compensation l协商 Consultation (two parties) l调解 Mediation (a third party as mediator ) l仲裁 Arbitration l诉讼 Litigation

38、 lArbitration is a means of settling a dispute between two parties through the medium of a third party whose decision on the dispute is final and binding. lThe place of arbitration lOrganization of arbitration lApplicable rules of arbitration lThe binding force of arbitration lReduce the buyers powe

39、r with differentiation lTake a strategic viewfrom both sides lManage Power with a SWOT (strengths, weaknesses, opportunities and threats) analysis. lEvaluate the priorities lTrade; dont make unilateral concessions lDiscussion lSimulated Negotiation lOn Arbitration 1.Do you think it necessary to add

40、arbitration clause to the contract? 2.What are the specific elements that need to be negotiated in this clause? 3.What are the other resorts to solve disputes? What are the advantages of arbitration over the other solutions? lJoint venture Advantages To expand resources, export experience and market

41、 knowledge while spreading the risk and laying a distribution framework. Tax advantages or waivers offered by foreign countries for joint ventures. lNegotiation problems Joint venture contract has much more potential for causing difficulties and disputes Joint venture involves more resources commitm

42、ent and higher mutual dependence. lTotal investment and registered capital lLabor management lLand use lForeign exchange controls lTerm and Termination lRegistered capital lTotal investment lRatio of capital distribution: the foreign party holds no less than 25% of the registered capital of the join

43、t venture with no maximum. lThe capital contributions may take a variety of forms. lThe composition of the board of directors is to be determined by discussion between the parties. lThe distribution of seats is to be fixed by reference to the ratio of capital contribution. lProvisions regarding employment terms, dismissal