外贸函电unit9.ppt

Unit Nine
Acceptance and Contract
1
Definitions of Acceptance and Contract
2
Forms of Contract
4
Composition of contract
5
Language features of contract
6
Specimen Letters
Contents
Background information
An acceptance or an confirmation is an unreserved assent
of the buyer or the sellers who after mutual negotiation are
willing to enter into a contract in accordance with the terms
and conditions agreed on.
Acceptance
After acceptance and confirmation, a contract is made out, and signed by both parties.
A contract is an agreement, enforceable by law, by which
two parties mutually agree to carry out a trade reached after
exchange of correspondences.
A contract may be formal, oral or written; but according to
relative Chinese economic laws, the contract of an import/
export trade is effective only if it is in written form.
Contract
Usual forms of contracts
Purchase/sales contract
Purchase/sales confirmation
Agreement
Order
Indent
memo (memorandum)
Joint venture contract
Special trade contract
…
Composition of a formal business contract
Preamble (heading) 前文、约首
Body 正文 definition /basic/general clauses
Witness (ending) clauses 结尾条款、约尾
Definitions clause
Is used to define some terms that are controversial
Functions:
(1) to make the language more exact so to avoid misunderstanding
(2) to replace plicated terms with very simple words so to make the contract concise.
(1) “stock certificate” includes “stock certificate ” and “stock certificates”
本合同所用“股票”包括单复数
(2) “He” includes “he” and “she”.
本合约所称「他」,包括「他」与「她」。
(3) “Person”
(i) a natural person& and any corporation or other entity which is given, or is recognized as having, legal personality by the law of any country or territory;
(ii) any unincorporated association or unincorporated body of persons, whether formed in the United Kingdom or elsewhere, including a partnership, joint venture or consortium.
本合约所称「人」包括-
(i) 自然人、法人、或依照任何国家或领域之法律,享有法人格之主体。(ii) 在英国或其它地域所组成之非法人组织,例如合伙组织、合资组织