外贸英语函电5.ppt

1、外贸英语函电,International Trade Correspondence,Definition of Contract,In its broad sense, a contract means a formal written document signed by both parties; letters, faxes, telegrams or telexes used in business correspondence. In its narrow sense, it refers to the formal written document signed by both p

2、arties.,Confirmation,A contract in a simplified form. It has all the terms listed in the contract except the clauses covering claims, force majeure and arbitration.,Form of a sales contract,Title 合同名称 Preamble 前文/序言/约首 Date of signing 定约日期 Signing parties 定约双方或当事人 Place of signing 定约地点 Recitals of W

3、HEREAS clause 定约事由,Form of a sales contract,3. Body 文本 Definition clause: specific conditions Name, specifications, packing, unit price, loading and unloading port, time of delivery, terms of payment, shipping marks, insurance, commercial inspections, etc.,Form of a sales contract,3. Body 文本 Definit

4、ion clause: general conditions Force majeure(不可抗力), claim(索赔), arbitration(仲裁), duration(有效期), termination(终止), assignment(合同让与), governing law(基本法或管制法例).,Form of a sales contract,Price clause,Unit price,Employed currency,Unit price,Remark about the commission,Price adjustment,Unit price,Unit quanti

5、ty,The trade term,Forms of a sales contract,4. Witness clauses 结尾条款 Concluding sentences (结尾语，包括分数，使用的文字和效力等) Signature 签名 Seal 印章,Content of the letter,Confirmation of selling or buying Restatements of the key terms and conditions Stress the key pointsshipment, packing, payment terms etc. Sending S

6、/C and asking for counter-signature,Language features,Wording: shall be legal, formal, serious and accurate e.g. upon payment of the agreed sum, all of Buyers rights and obligations shall terminate.,Language features,2. An expression may contain two synonyms or more repeating each other in meaning.

7、Repetition e.g. The contractor shall fulfill all of its duties and obligations in carrying out its work and services hereunder.,Language features,3. Some contractual norms: 1) adv. Used: here, there, where 2) Legal term “shall”: “shall” is one of the most frequently-used words in international busin

8、ess contract and accurate legal word. 3) Definition words: if you need to state precisely the meaning of the key words in the contract, then “to mean” and “to be” can be used; and if common definition is needed, then “shall mean” and “shall be ” can be used.,Language features,3. Some contractual nor

9、ms: 4) whereas: it is used at the beginning of the sentence stating the purpose, intention and the reasons why the principles are signing the contract. 5) In witness whereof / thereof, in testimony whereof 特立此据，以此为证 6) Unless otherwise 除非有外 e.g. Unless otherwise specified in the contract, the suppli

10、ed goods shall be packed by standard measures.,Language features,3. Some contractual norms: 7) In respect of/in respect thereof 涉及，至于 in respect of payment 8) Subject to 在条件下；在规定的范围内;须经;服从于 subject to the terms of this agreement,Place an order,An order is an offer to buy. It is a written notificatio

11、n of purchase from the buyers to the sellers, demanding sellers to supply the goods and services in accordance with the order. It should be obey the following three essential principles: accuracy, clarity and completeness.,Procedure of placing an order,Placing an order should include the following s

12、teps: 1. Refer to the previous contact 2. Give the description in great detail of the order 3. State the other terms clearly 4. Expect an early reply,The contents of an order,Full details of description (specifications), quantities and prices State mode of packing, port of destination and time of sh

13、ipment Confirm the terms of payment as agreed upon in preliminary negotiations And sometimes “penalties” should the contract terms not be fulfilled,Pay attention to,According to commercial law the buyers order is an offer to buy and the arrangement is not legally binding. Only when the seller accept

14、 the order, both parties are legally bound to honor their arrangement.,The buyers obligation,Accept the goods supplied, provided they comply with the terms of the order Pay for them according to the terms agreed upon 3. Check the goods as soon as possible (fail to make complaints promptly will be ta

15、ken as acceptance of the goods),The sellers obligation,Deliver the goods exactly the kinds ordered, and at the agreed time Guarantee that the goods to be shipped are free from any faults,The first order,If you are lucky enough to receive a first order from a new customer, youd better acknowledge it

16、by telling him that:,1. You are much honored 2. The quality of your products and service are assured 3. You also handle other similar products of the same high quality as the goods ordered 4. You hope to establish a long-term business relation with him on the basis of equality and mutual benefit.,De

17、clining an order,Sometimes an exporter may decline an order because he is unable to supply the goods right now or he is unsatisfied with the terms and conditions set forth in the order.,How to decline an order Thank the buyer for the order Express regret at inability to accept it Explain concisely t

18、he main reason Make a counter-offer if necessary, or contact him if there is an opportunity in the future,Letter of acceptance,Letters of acceptance should include the following specific information: Referring to the order number Message thanking the customer for the order Time and method of delivery Promise a satisfactory fulfillment Message offering help and contract information,Repeat order,A repeat order is an order for a further or additional quantity