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1、Exercise of lesson 7,很遗憾获悉我方市场价格与市场行情不符。考虑到产品质量，我们认为我们的价格是很合理的。我们要指出的是我方所报价格已是最低价，这已使我方利润很薄。鉴于你方市场特殊性，我们接受你们提出的3%折扣的建议。为帮助你方开若市场，我们打算给予你方5%的折扣，条件是订货量不得低于4000美元。,Exercise of lesson 7,这是我方最低价格。我们不能再降价了。因我方的价格已降到极限，所以无法满足你方进一步降价的要求。用不可撤销的即期信用证付款是我们的一贯做法。待做了更多的业务后，我们会考虑更有利的付款方式。希望修改后的报价能促使你方下订单。这是我们做出的最
2、大让步。,Lesson 8 Acceptance with Conditions and Actual Acceptance,1.Definition,Acceptance refers to an oral or written confirmation,indicating an unreserved assent of a deal.接受指口头或书面的确认，表示完全赞同某项交易的条款。,More information,An acceptance means the formation of the contracted relationship of the two parties.T
3、hey can begin their business now even if they have not signed a written contract or sales confirmation.Acceptance can be given to the counterpart by either the buyer or the seller according to the specific conditions agreed after mutual negotiation.When,More information,the buyer presents an offer a
4、nd the seller makes a counteroffer,and if the buyer agrees,he can give acceptance to the seller,and thus the deal is concluded.But,when the buyer has made a counter offer,or takes the initiative by placing a firm bid with the sellers,then it is a sellers acceptance to conclude the deal.,2.Requiremen
5、ts,1).The acceptance must be made by the offeree.接受必须由特定的受盘人做出,2.Requirements,2)Acceptance must be shown either by words or action or in written forms.接受必须表示出来。Acceptance by action means that the buyer,upon receiving the letter,opens an L/C makes the payment makes the delivery of the goods,2.Require
6、ments,NOTE:Silence or inactivity does not constitute acceptance.Eg.“will ship 400 units$29 per unit CIF New York unless we hear from you by Feb 28,2009.”,2.Requirements,3)Acceptance must reach the offeror within the time of validity.接受必须在发盘的有效期内送达到发盘人。If the acceptance reaches the offeror after the
7、offer has expired,it becomes a new offer from a legal point of view,which can be rejected by the offeror.,2.Requirements,4)Acceptance should not be conditional.接受必须与发盘相符。An acceptance should be an unconditional assent to all the terms designated in the offer.,3.Acceptance with condition and actual a
8、cceptance,A reply to an offer which purports to be an acceptance but contains conditions,limitations,or other modification is a rejection of the offer and constitutes a counter-offer.有条件接受2）A reply to an offer may purport to be an acceptance.It can contain additional or different terms which do not
9、materially after the terms of the offer.有效接受,3.Acceptance with condition and actual acceptance,3)Additional or different terms relating to the prices,payment,quality and quantity of the goods,place and time of delivery extent of one partys liability to the other or the settlement of disputes are con
10、sidered to alter the terms materially.Eg.“your offer is accepted but we hope the shipment can be made in July.”,4.Late Acceptance(逾期接受),Definition A late acceptance is the one arrives at an offeror after the expiring of the time of validity.接受通知超过发盘通知的有关期限。,4.Late Acceptance(逾期接受),2)Relative rules:a
11、.A late acceptance is nevertheless effective as an acceptance if the offeror orally informs so to the offeree or dispatches a notice to that effect without delay.,4.Late Acceptance(逾期接受),2)Relative rules:b.if a letter or other writing containing a late acceptance shows that it has been sent in such
12、circumstances that if its transmation had been normal it would have reached the offeror in due time,the late acceptance is effective as an acceptance unless,without delay,the offeror orally informs the offeree that he considers his offer as having elapsed or dispatches a notice to that effect.,5.The withdraw if an acceptance 撤销接受,An acceptance becomes effective when it has reached the offeror and a contract is thereupon concluded.So an acceptance can be withdrawn only if the acceptance would have become effective,
