Unit 8 orders andfulfilment

1、Unit EightOrders and Their Fulfillment To learn ways of submitting an order. To learn useful terms and expressions for orders. To practice writing letters for orders.Revisionn1.When are offers usually made?n2. Why should the contents of an offer be clear?n3.What is a counter-offer?n4.Does an offer r

2、emain valid after counter-offer is made? Offers are usually made after receipt of enquiries from the other parties, n2.It is because offer is an indication of purchase or sales so the contents must be clear without ambiguity. n3. A counter-offer is an indication made by the offeree to express his di

3、sagreement to the offer, partial or full, and raise his opinion to make amendments or changes. n4. An offer will become null and void once the offeree makes counter-offer. entire acceptance In this case, the acceptance means promise in international trading affairs that the enquirer is willing to ma

4、ke a contract with the offerer according to the latters terms of transaction. Thus the letter of acceptance usually repeats the following items so as to avoid misunderstanding on either side. They are commodity, specifications, quality, quantity, price, shipment, terms of payment, etc. Sample 1Dear

5、Sir/Madam,Thank you for your fax of Oct. 18th offering 5000 KGS Vitamin E at USD 7.00 per KG CIF Hamburg for immediate shipment, which is paid by irrevocable L/C at sight and effected by you for 110% of full invoice value covering All Risks.We are pleased to inform you that all the terms and conditi

6、ons are acceptable to us. So we confirm your offer and place an order with you. Please send us a copy of your Sales Confirmation for our counter-signature, and we will have our relative L/C established through ABC Bank once receive it. Please note that the goods must be shipped within the validity o

7、f the L/C. Yours faithfully,Entire Acceptance An order is a request for the supply of a specific quantity of goods. It may result from the buyers acceptance or confirmation of a firm offer made by the sellers or result from the sellers acceptance or confirmation of a counter-offer made by the buyers

8、. SALES CONTRACT (ORIGINAL) Contract No.: CE102 Date: Jun. 2, 20- Signed at: Qingdao Sellers: Sinochem Shandong Import & Export Group Corporation 20, Xianggangzhong Road, Qingdao, China Buyers: Pacific Trading Co., Ltd 1118 Green Road, New York, U.S.A. This Sales Contract is made by and between

9、the Sellers and the Buyers whereby the Sellers agree to sell and the Buyers agree to buy the under-mentioned goods according to the terms and conditions stipulated below: 签约日期合同号码签约地点卖方名称买方名称开头语1. Name of Commodity Specifications & Packing Quantity Unit Price Total Amount Lithopone ZnS content 2

10、8% min. Paper-lined glass-fibre bags 100 M/Ts USD360.00 per M/T CIFC3% New York USD36,000.00 (The Sellers are allowed to load 5% more or less and the price shall be calculated according to the unit price.) 2. Shipping Marks: PTC New York No. 1-1000 商品名称商品数量商品单价合同总额溢短装条款运输标志3. Insurance: To be covere

11、d by the Sellers for 110% of the invoice value against All Risks and War Risk as per the relevant Ocean Marine Cargo Clauses of the Peoples Insurance Company of China. If other coverage or an additional insurance amount is required, the Buyers must have the consent of the Sellers before shipment, an

12、d the additional premium is to be borne by the buyers. 4. Port of Shipment: Qingdao, China. 5. Port of Destination: New York, U.S.A. 6. Time of Shipment: During August, 20-, allowing partial shipments and transshipment. 保险条款装运港和目的港装运日期、分运和转船7. Terms of Payment: The Buyers shall open with a bank acce

13、ptable to the Sellers an Irrevocable Letter of Credit at sight to reach the Sellers 30 days before the time of shipment specified, valid for negotiation in China until the 15th day after the aforesaid time of shipment. 8. Commodity Inspection: It is mutually agreed that the Certificate of Quality an

14、d Weight issued by the State General Administration for Quality Supervision and Inspection and Quarantine of P. R. China at the port of shipment shall be taken as the basis of delivery. 9. Discrepancy and Claim: Any claim by the Buyers on the goods shipped shall be filed within 30 days after the arr

15、ival of the goods at the port of destination and supported by a survey report issued by a surveyor approved by the Sellers. Claims in respect to matters within the responsibility of the insurance company or of the shipping company will not be considered or entertained by the Sellers. 支付条款检验条款索赔条款10.

16、 Force Majeure: If shipment of the contracted goods is prevented or delayed in whole or in part due to Force Majeure, the Sellers shall not be liable for non-shipment or late shipment of the goods under this Contract. However, the Sellers shall notify the Buyers by fax or E-mail and furnish the latt

17、er within 15 days by registered airmail with a certificate issued by the China Council for the Promotion of International Trade attesting such event or events. 11. Arbitration: All disputes arising out of the performance of or relating to this Contract shall be settled amicably through negotiation.

18、In case no settlement can be reached through negotiation, the case shall then be submitted to the Foreign Economic and Trade Arbitration Commission of the China Council for the Promotion of International Trade, Beijing, China, for arbitration in accordance with its Provisional Rules of Procedure. Th

19、e award of the arbitration is final and binding upon both parties. 12. Other Terms: THE SELLERS THE BUYERS (Signature) (Signature) 不可抗力条款仲裁条款买卖双方签字销销售售合合同同（正正本本） 合同号：CE102 日期：20年6 月2 日 签订于：青岛 卖方：中化山东进出口公司 中国青岛，香港中路20号 买方：太平洋贸易有限公司 美国纽约，格林路1118号 本合同由买卖双方签订。 根据下列条件和条款， 卖方同意出售、 买方同意购买下述货物： 1. 品名、规格和包装

20、数量 单价 总值 锌贝白 氧化锌含量最低 28% 用衬纸的玻璃纤维袋包装 100 公吨 每公吨 360 美元 CIFC3%纽约 36,000.00 美元整 (允许卖方溢短装 5%，货值按单价计算。) 2. 运输标志 PTC New York No. 1-1000 3. 保险：由卖方根据中国人民保险公司的海洋运输货物保险条款的相关条款， 按照发票金额的110%投保一切险和战争险。 如果买方要求额外险别或增加保险金额，须在装运前取得卖方同意，并且支付额外保费。 4. 装运港：中国青岛 5. 目的港：美国纽约 6. 装运时间：20-年8月，允许转船和分批装运 7. 付款条件：买方将通过卖方接受的银行

21、开立一张不可撤销的即期信用证，装船前 30 天送达卖方，装船后 15 天之内在中国议付有效。 8. 商品检验： 双方同意以中国国家质量监督检验检疫总局在装运港签发的品质和重量检验证书作为交货的依据。 9. 异议和索赔：买方对货物的任何索赔应于货物抵达目的港后 30 天之内提出，并提供由卖方认可的检验机构出具的检验报告。对于应由保险公司或轮船公司负责的索赔，卖方将不予考虑和受理。 10. 不可抗力：如因不可抗力使合同货物全部或部分未能交付或延迟交付，卖方将不对此负责。 然而， 卖方须用传真或电子邮件通知买方并于15日内用挂号航空邮件向买方提供由中国国际贸易促进委员会出具的不可抗力证明。 11.

22、仲裁：因履行该合同或与该合同有关的一切争议均通过友好协商解决。如友好协商不能解决，则提交中国北京中国国际贸易促进委员会的对外经济贸易仲裁委员会按其暂定程序规则进行仲裁，仲裁裁决对双方都是终局的和有约束力的。 12. 其他条款： 卖方 买方 （签名） （签名） An order or an order letter should include:Name of commodity, article number, specifications, etc.;Quantity;Delivery date, port of shipment and port of destination;Unit p

23、rice, total amount, and price terms;Terms of payment and packingnAccording to commercial law the buyers order is an offer to buy and the arrangement is not legally binding.nOnly when the seller accept the order, both parties are legally bound to honor their arrangement.nDeliver the goods exactly the

24、 kind ordered, and at the agreed timenGuarantee that the goods to be supplied are free from any faults.The Sellers obligation1. Use direct language in the first paragraph to tell the seller of the buyers intention to place an order.2. Describe what is being ordered in great detail. Indicate the cata

25、log numbers, sizes, colors, prices, specifications and all other relevant information that will enable the seller to fill the order without any further questions.3. Close the letter by expressing willingness to cooperate or suggesting future business dealings.nAccept the goods supplied, provided the

26、y comply with the terms of the ordernPay for them according to the terms agreed upon.nCheck the goods as soon as possible (fail to make complaints promptly will be taken as acceptance of the goods.)The buyers obligation1. Express appreciation for the order received.2. Assure the buyers that the good

27、s they have ordered will be delivered in compliance with their request. It is also advisable for the sellers to take the opportunity to resell their products or to introduce their other products to the buyers. 3. Close the letter by expressing willingness to cooperate or suggesting future business d

28、ealings. Initial order This is an order placed according to the sellers quotation, pricelist and samples.Forms of an order (1)Sample 1Dear Sir/Madam, Thank you for your letter of March 20th. We are pleased to find that your products are of excellent quality.As a trial order, we are delighted to give

29、 you a small order for 100 sets of your Air Conditioners BC-163. Please note that the goods are to be supplied in accordance with your samples.Enclosed you will find Order Sheet No. 137. As we are in an urgent need of the commodity for the coming season of sales, please fax your acceptance. Upon rec

30、eipt of which, we will open an irrevocable L/C through the Bank of China.Yours faithfully,Initial OrderForms of an order (1) Order sheet An order sheet is a ready-made form for placing an order, the contents of which are somewhat like that of an offer, including all the terms and conditions concerni

31、ng the transaction.Forms of order (2)Sample 2Dear Sir/Madam,We have the pleasure of placing the following order with you on the terms and conditions as set forth.Article: Haier Brand Air ConditionersDescription: Exactly the same as Sample 103Quantity: 100 setsUnit Price: US $805 per set CIF Los Ange

32、les Ca. USAAmount: US $80,500Shipment: During MarchPacking: One set in a cardboard carton, ten cartons in a wooden caseShipping Marks: (omitted) Insurance: All RISK for full invoice amount plus 10%Payment terms: Draft at 30 d/s under an irrevocable L/CRemarks: Certificate of quality and shipment sam

33、ples to be sent by air mail prior to shipment.Yours faithfully,Order SheetForms of order (2)nSales Contract or Export Contract, which is usually drafted by the seller.nPurchase Contract or Import Contract, which is usually drafted by the buyer. Two kinds of contractsMain clauses in a contract(1) Com

34、modity Name of commodity Quantity of commodity Quality of commodity Packing of commodityMain clauses in a contract(2) Price Unit price: currency unit, unit price figure, measurement unit and delivery terms. Total amountMain clauses in a contract(3) Payment (omitted)Main clauses in a contract(4) Ship

35、ment Time of shipment Port of shipment and port of destination Shipping advice Partial shipment and transshipmentMain clauses in a contract(5) Shipping Marks Loading & Discharging Insurance Main clauses in a contract(6) Kinds of certificate can be issued after inspection: Inspection certificate

36、of quality; Inspection certificate of weight; Inspection certificate of quantity; Inspection certificate of origin; Inspection certificate of value; Inspection certificate of damaged cargo; Inspection certificate of health, etc.Sample ContractNo. A. S. 102-99 Buyers: Anderson Trading Company, Denmar

37、k Sellers: Guangdong Native Produce Imp. & Exp. Co. This contract is made by and between the Buyers and the Sellers, whereby the Buyers agree to buy and the sellers agree to sell the under-mentioned goods according to the terms and conditions stipulated below: Commodity: Wuyi PeanutsSpecificatio

38、ns: FAQ 2004 CropQuantity: 100 m/t.Unit Price: US $500.00 per m/t, CIF Aarhus DenmarkTotal value: US $50,000.00Packing: In 3-ply gunny sacks of 50 kg eachShipping marks: Insurance: to be effected by the seller for 100 % of invoice value plus 10% against All RisksTerms of shipment: During July, 2004

39、with transshipment at Copenhagen Port of shipment: Huangpu, ChinaPort of destination: Aarhus, DenmarkTerms of payment: By irrevocable L/C payable by draft at sight. The L/C shouldreach the seller 30 days before the time of shipment and to remain valid for negotiation in China until the 15th day afte

40、r the day of shipment. Done and signed in Guangzhou on this twentieth day of April, 2004.Repeat OrdernDear Sirs,n Contract No 78 Tiantan Brand Mens Shirtn We have received the captioned shipment ex S.S. “East Wind”and are very pleased to inform you that we find the goods quite satisfactory. As we be

41、lieve we can sell additional quantities in this market, we wish to place with you a repeat order for 1000 doz. Of the same style and sizes. If possible, please arrange early shipment of this repeat order, as we are badly in need of the goods.n In case the said goods are not available from stock, we

42、shall be very grateful to you, if you will advise us as to the specifications of those which can be shipped from stock, stating full particulars.nYours faithfully, Declining a Repeat OrderDear Sirs, Tiantan Brand Mens Shirts We have the pleasure of acknowledging your letter of November 6, in which y

43、ou inform us that you are satisfied with our mens shirts shipped to you per S/S “East Wind”. We also note that you wish to book a repeat order. Much to our regret, we cannot at present entertain any new orders for Tiantan Brand Mens Shirts, owing to heavy commitments. However, we are keeping your in

44、quiry before us and, as soon as we are in a position to accept new orders, we will contact you. Regarding stock shirts, we are enclosing a list for your perusal. If you are interested in any of our stock goods, please let us know your detailed requirements, stating quantity, size, style, etc.Yours f

45、aithfully,Shipping documentsnCommercial invoicenPacking listnInsurance policynBill of ladingnCertificate of originnCertificate of inspection nOpen L/CnEstablish L/CnIssue L/C1. refer to 向向咨询，参阅咨询，参阅 If you want to investigate our financial standing, you may refer to the Bank of China.如果你们想调查我方财务状况，请

46、咨询中国银如果你们想调查我方财务状况，请咨询中国银行。行。As to the prices of our products, you may refer to our pricelist.关于我们产品的价格，你可你参阅我们的价目关于我们产品的价格，你可你参阅我们的价目表。表。2. accept orders 接受订货接受订货 enter orders book your orders3. commit v.t. 承担任务，接受订单，答应负责承担任务，接受订单，答应负责 As we are fully committed, we are not in a position to entertai

47、n any further orders.由于我们订货已满，所以不能接受新的订单。由于我们订货已满，所以不能接受新的订单。We wish to be able to ship the goods well ahead of the shipping schedule, but we cannot commit ourselves.我们希望能做到早于装运日起交货，当不能保证做到。我们希望能做到早于装运日起交货，当不能保证做到。You are committed to open the L/C within this month.你方答应在本月开出信用证。你方答应在本月开出信用证。We canno

48、t commit ourselves to meet your requirement.我们不能保证一定能满足你们的要求。我们不能保证一定能满足你们的要求。 The manufacturers are very heavily committed for many months to come.4. regarding prep. 关于关于 Regarding the terms of payment, we wish to stress that the relative L/C must be opened not later than 30 days before the time of

49、 shipment.关于支付方式，我们想强调：有关信用证最迟关于支付方式，我们想强调：有关信用证最迟必须在装运期前必须在装运期前30天开出。天开出。Regarding your request to advance shipment to the end of this month, we have to say that we are not able to comply with it.关于你方要求提前到本月末装运的要求，我们关于你方要求提前到本月末装运的要求，我们不得不说我们无法满足你们的要求。不得不说我们无法满足你们的要求。 As regards/ referring to/ with

50、 reference to/ as to/ regarding/ concerning/ in connection with / with regard to 关于关于Referring to your inquiry of May 15, we very much regret that we are unable to make you an offer for the above-mentioned goods, mainly owing to low stock of this commodity in our market.5. notify v. 通知，通告，告知通知，通告，告知

51、 We are glad to notify you that the goods you ordered were dispatched this morning.我们高兴地通知你们，你们定的货物已于今晨我们高兴地通知你们，你们定的货物已于今晨发出。发出。Please notify us of the specific time of shipment.请告知我们具体的装运时间。请告知我们具体的装运时间。6. handle with 处理处理 We can assure you that we will handle with your order without delay.我们向你们保证

52、，我们将毫不迟疑地处理你我们向你们保证，我们将毫不迟疑地处理你们的订单。们的订单。We hope that you will be satisfied with our prompt handling with your request.我们希望，我们及时的处理你们的要求，能我们希望，我们及时的处理你们的要求，能够令你们满意。够令你们满意。7. press v.t. 劝说，催促，敦促劝说，催促，敦促 Our customer pressed us to fulfill his order at an early date.我们的客户催促我们早日履行订单。我们的客户催促我们早日履行订单。The

53、buyer is pressing us for the goods they have ordered. 买方催我们交货。买方催我们交货。8.enable v. 使能够，使能够， 有助于有助于 Enable sb. To do sthWe hope our favorable prices will enable you to find a good market for our products.希望我们优惠的价格有助于贵方为我们的产希望我们优惠的价格有助于贵方为我们的产品找到好的销路。品找到好的销路。Your cooperation in this respect will enable

54、 us to get out of the present difficulty.贵方的合作将使我们能够摆脱目前的困境。贵方的合作将使我们能够摆脱目前的困境。9. rest assured that 确信无疑，放心确信无疑，放心 Please rest assured that the goods will be satisfactory to your customers.请放心，货物一定能让你们的客户满意。请放心，货物一定能让你们的客户满意。You may rest assured that we will execute our agreement punctually.你们可以放心，我

55、们一定如期履行合约。你们可以放心，我们一定如期履行合约。10. at ones end 在在处，在处，在地地 Please open the relevant L/C through a well-known bank at your end.请通过贵地知名银行开立信用证。请通过贵地知名银行开立信用证。Our representative at your end will go to visit your factory shortly.我们驻贵地的代表不久将去参观你方工厂。我们驻贵地的代表不久将去参观你方工厂。812. acceptable adj. 可接受的可接受的sth. be acce

56、ptable to sb. or sb. find sth. acceptable某人认为某物可以接受。某人认为某物可以接受。Should the design and workmanship be acceptable to our clients, large orders will follow. 如果款式和工艺能为我方的客户接受，他们将会如果款式和工艺能为我方的客户接受，他们将会大量订购。大量订购。If you compare our price with that from others, you will find our price acceptable.如果将我方的价格与其他客

57、户的相比较，你将会如果将我方的价格与其他客户的相比较，你将会发现我方的价格是可以接受的。发现我方的价格是可以接受的。Your offer is not acceptable. 你方的报盘是不可接你方的报盘是不可接受。受。13. conclude v. 达成，缔结达成，缔结( (条约等条约等) )；决定；决定Britain concluded a trade agreement with China. 英国和中国签署了贸易协定。英国和中国签署了贸易协定。Once the price had been agreed, a deal was quickly concluded. 价格一经商定，交易很

58、快就达成了。价格一经商定，交易很快就达成了。We have concluded a transaction with ABC Company on a wide variety of light industrial products. 我们与我们与ABC公司就多种轻工业品达成了交易。公司就多种轻工业品达成了交易。conclusion n. 结束，议定，结论结束，议定，结论They decided to bring the negotiation to a speedy conclusion. 他们决定尽快结束谈判。他们决定尽快结束谈判。We have come to the conclusi

59、on that it would be unnecessary to import a machine at such a high price. 结论是没有必要进口价格如此高的机器。结论是没有必要进口价格如此高的机器。 We are pleased to say that we can supply you with all the goods listed in your letter of April 7. 欣然告知你方四月七日来函中所列的各种商品，我欣然告知你方四月七日来函中所列的各种商品，我方均可供应。方均可供应。If you can supply us with the produ

60、cts within one week, please fax us immediately.如能在一周内提供这种产品，请即传真告知。如能在一周内提供这种产品，请即传真告知。supplier n. 供应商，供货商供应商，供货商Supplier and purchaser are the two counter parts in a transaction.供货方与购货方是一笔交易中两个不同的当事人。供货方与购货方是一笔交易中两个不同的当事人。 15. Per S.S./m.v./m.s. +name of the vessel 运往你处 ex（运来） via by on board （承运）e.g.We find the