Offer

In international trade practice, offer is also known as offer, offer and quotation.

It is called "offer" in law.

The offer may be issued to the enquiry party, or directly to the other party without enquiry.

The offer is generally issued by the seller, but it can also be issued by the buyer. The business is called the definition and conditions of the offer. The proposal is made in accordance with the United Nations Convention on Contracts for the international sale of goods (hereinafter referred to as the covenant), "14:" to make a contract to one or more specific persons, if it is very definite and indicates that the offeror has the intention of binding when it is accepted, it will constitute an offer. 1

A proposal is "very sure" if it states the goods and explicitly or implicitly stipulates the quantity and price or how to determine the quantity and price.

For this declaration, we can see that the composition of an offer must have the following four conditions: a, to one or more close ups: the offer must specify the recipient who can accept it.

The offeree can be one or more.

The offer of the offeree shall not be deemed to be an invitation to offer or an invitation to make an offer.

b, indicating the meaning of concluding a contract: the offer must state the meaning of serious contract, that is, the offer should indicate that the offeror will accept the legal liability of the offeror when he accepts the contract.

This meaning can be expressed in terms such as "offer" or "delivery", and it may not be determined by the above or similar terms and statements, and in accordance with the negotiation at that time, or the past business contacts between the parties or the customary practices established by both sides.

c, the contents of the offer must be very clear: the content of the offer is determined by whether the conditions listed in the offer are complete, clear and final.

d, serving the offeree.

The offer is effective when it is served on the receiving party.

The above four conditions are the basic requirements of the covenant for the offer, or the four elements that constitute the offer.

(2) the withdrawal and cancellation of the offer, the fifteenth article of the Convention clearly stipulates the effective time of the offer: "the offer is effective when it is served on the receiving party".

Then, before the offeree has been delivered to the offeree, if the offeror changes his mind or the situation changes, this will inevitably result in the withdrawal and cancellation of the offer. In the law, "withdrawal" and "revocation" belong to two different concepts.

Withdrawal means that the offeror has not taken effect, and the offeror has taken action to prevent its entry into force.

The withdrawal means that the offeror will release the effect of the offer in a certain way after the offer has come into effect.

The second clause of the fifteenth article of the Convention stipulates: "an offer, even if it is irrevocable, may be withdrawn if the notice of withdrawal is reached before the offer arrives at the offeree or at the same time."

According to the provisions of the covenant, the offer can be revoked on condition that the notice revoked by the offeror must be pmitted to the offeree before the recipient receives the notice of acceptance.

However, in the following circumstances, the offer cannot be revoked: a, the offer indicates the validity period, or otherwise indicates that the offer is irrevocable.

b, the offeree has reason to believe that the offer is irrevocable and has acted in reliance on the offer.

There are two irrevocable circumstances in this paragraph: first, the offeror stipulates the period of validity, that is, it can not be revoked within the validity period.

If the period of validity is not provided, otherwise, the offer is irrevocable. If the words "irrevocable" are used in the offer, it can not be withdrawn within a reasonable time.

Two, the offeree has reason to believe that the offer is irrevocable and has taken certain actions.

Regarding the failure of offer, the seventeenth provision of the Convention stipulates: "an offer, even if it is irrevocable, shall be terminated when the refusal is served on the offeror.

That is to say, when the offeree does not accept the contents of the offer and sends the notice of rejection to the offeror, the original offer will lose its effectiveness and the offeror will no longer be bound by it.

Besides, in the practice of trade, there are three situations that result in the invalidation of the offer: a. the offeror cancels the offer before the offeree accepts it.

The expiry date stipulated in the b. offer.

c. other problems cause the offer to fail.

This includes the government's release of prohibitions or restrictions, resulting in the invalidation of offer.

It also includes special circumstances such as the death of the offeror, the bankruptcy of the legal person and so on.