商务英语谈判Project13ContractExecution

Fujian Minfa Holdings Garments Imp. (2) Applying for an L/C by the applicant to a bank (the issuing bank);(3) The issuing bank delivering an L/C to the advising bank;(4) The advising bank examining the L/C and transferring it to the beneficiary; Letters of Credit(5) The beneficiary presenting the documents for negotiation after shipment;(6) The negotiating bank delivering the documents for reimbursement;(7) The issuing bank making payment to the negotiating bank;(8) The issuing bank notifying the buyer, and the buyer paying for documents. Pre-negotiationPractical Expressions-Common Terms1. Kinds of L/C in Common Use1) revocable L/C/irrevocable L/C 可撤销信用证/不可撤销信用证2) confirmed L/C/unconfirmed L/C 保兑信用证/不保兑信用证3) sight L/C/usance L/C 即期信用证/远期信用证4) transferable L/C (or) assignable L/C (or) transmissible L/C/untransferable L/C 可转让信用证/不可转让信用证5) divisible L/C/undivisible L/C 可分割信用证/不可分割信用证6) revolving L/C 循环信用证7) L/C with T/T reimbursement clause 带电汇条款信用证 8) without recourse L/C/with recourse L/C 无追索权信用证/有追索权信用证 Pre-negotiationPractical Expressions-Common Terms1. Kinds of L/C in Common Use9) documentary L/C/clean L/C 跟单信用证/光票信用证10) deferred payment L/C/anticipatory L/C 延付信用证/预支信用证11) back to back L/C/reciprocal L/C 对背信用证/对开信用证12) standby L/C 备用信用证 Pre-negotiationPractical Expressions-Common Terms2. Names of Parties Concerned in L/C1) applicant 开证人（申请开证人）2) beneficiary 受益人in favor of 以（某人）为受益人in ones favor 以为受益人3) drawee 付款人（或称受票人，指汇票）to drawn on (or upon) 以（某人）为付款人to value on 以（某人）为付款人to issue on 以（某人）为付款人 Pre-negotiationPractical Expressions-Common Terms2. Names of Parties Concerned in L/C4) drawer 出票人5) advising bank/the notifying bank 通知行advised through/bybank 通过银行通知6) opening/issuing/establishing bank 开证行7) negotiation/negotiating bank 议付行8) paying bank 付款行9) reimbursing bank 偿付行10) the confirming bank 保兑行 Pre-negotiationPractical Expressions-Common Terms3. Amount of the L/C 信用证金额1) amount RMB 金额：人民币2) up to an aggregate amount of HKD 累计金额最高为港币3) for a sum (or: sums) not exceeding a total of GBP 总金额不得超过英镑4) to the extent of HKD 总金额为港币5) for the amount of USD 金额为美元6) for an amount not exceeding total of JPY 金额的总数不得超过日元的限度 Pre-negotiationPractical Expressions-Common Terms4. Financial Documents 资金单据1) Bill of Exchange/Draft 汇票sight drafts 即期汇票time drafts 远期汇票2) Promissory Note 本票3) Cheque/Check 支票 Pre-negotiationPractical Expressions-Common Terms5. Commercial Documents 商业单据1) Commercial Invoice 商业发票2) Weight List/Weight Memo 重量单/磅码单3) Packing Documents 装箱单常见的有：Packing List/Packing Slip 装箱单；Packing Summary 包装提要Packing Specification 包装说明；Detailed Packing List 详细装箱Measurement List 尺码单；Assortment List 花色搭配单 Pre-negotiationPractical Expressions-Common Terms5. Commercial Documents 商业单据4) Insurance Policy/Insurance Certificate 保险单/保险凭证5) Transport Documents 运输单据常见的有：Ocean Bill of Lading 海运提单；Railway Bill 铁路运单Cargo Receipt 承运货物收据；Airway Bill 航空运单Parcel Post Receipt 邮包收据；Combined Transport Document，CTD或CTB/L 联合运输单据 Pre-negotiationPractical Expressions-Common Terms6. Official Documents 官方单据1) Inspection Certificate 商检证书2) Certificate of Origin 产地证3) Generalized System of Preference Certificate of Origin Form A 普惠制产地证/GSP Form A4) Customs Invoice 海关发票5) Consular Invoice 领事发票6) Consular Certificate of Origin 领事产地证 Pre-negotiationPractical Expressions-Common Terms7. Other Certificates 其他证明1) Beneficiarys Certificate 受益人证明2) Copy of Cable/Telex/Fax 电抄3) Certificate of Vessels Nationality 船籍证明4) Itinerary Certificate 航运路线证明5) Captains Receipt 船长收据6) Freight Receipt 运费收据 Pre-negotiationPractical Expressions-Common Terms8. the Number of Copies of Documents单据份数in duplicate 一式两份in triplicate 一式三份in quadruplicate 一式四份in quintuplicate 一式五份in sextuplicate 一式六份in septuplicate 一式七份in octuplicate 一式八份in nonuplicate 一式九份in decuplicate 一式十份 Pre-negotiationPractical Expressions-Practical Sentences1. 督促对方开立信用证1) In order to execute your order No. 200, please urgently open an irrevocable L/C for the amount of USD100,000 in our favor, available until April 30.2) As the shipping time is near, we ask you to instruct your bankers to open it so that we can receive it within this week.3) We are pleased to confirm your fax order today and inform you that your order No. 100 is now ready for shipment. Therefore we are anxious to receive your L/C against this order.4) We need a period of three months for production in order to execute this order and request your immediate arrangement for opening an L/C two months before the time of shipment. Pre-negotiationPractical Expressions-Practical Sentences1. 督促对方开立信用证5) The letter of credit covering your order No. 500 has not yet reached us in spite of our repeated requests. Therefore we request you open an L/C in good time so that we can make the shipment stipulated.6) We are pleased to confirm your order for electric typewriters amounting to USD100,000. As requested, we are preparing to make shipment by the end of October and would request you open an irrevocable L/C in our favor as soon as possible, valid until November 20. Pre-negotiationPractical Expressions-Practical Sentences2. 通知卖方已经开立/寄出信用证1) We have made fax instructions to our bank to establish an L/C in your favor to the amount of USD100,000.2) As you have confirmed the order, we have arranged with the Bank of China to open an L/C in your favor for the amount of USD200,000 in accordance with the trade terms stipulated. Pre-negotiationPractical Expressions-Practical Sentences2. 通知卖方已经开立/寄出信用证3) According to your request for opening L/C, we are pleased to inform you that we have airmailed today through the Bank of China, London an irrevocable L/C for USD100,000 in favor of your company on the following terms and conditions.4) We hasten to inform you that we have today been advised by the Bank of China of the establishment of an L/C in your favor to the amount of USD100,000 available on or before April 30, 2013. We believe it will be in your hands within this week. Pre-negotiationPractical Expressions-Practical Sentences2. 通知卖方已经开立/寄出信用证5) We have asked the Bank of China here to open a credit for USD50,000 in your favor and this will remain in force until March 31, 2013. The bank will honor your draft at sight for the amount of your invoice drawn under the L/C.6) We have instructed the Bank of China to open an irrevocable letter of credit for USD30,000. This will be advised by the bankers correspondents, Beijing City Commercial Bank. They will accept your draft on them 30 days after sight for the amount of your invoices. The credit will be valid until September 30. Pre-negotiationPractical Expressions-Practical Sentences3. 通知对方已收到信用证1) Thank you very much for your L/C covering your order No. 100. The goods you have ordered are being prepared for shipment. As soon as the shipment has been executed, you will be advised by fax.2) Your letter of credit No. 234 issued by the Bank of Barclays has arrived.3) We have received your L/C No. 7788 covering the above-mentioned contract with thanks. Pre-negotiationPractical Expressions-Practical Sentences4. the Stipulations for the Documents Required 单据要求1) available against surrender of the following documents bearing our credit number and the full name and address of the opener 凭交出下列注名本证号码和开证人的全称及地址的单据付款2) drafts to be accompanied by the documents marked () below 汇票须随附下列注有（）的单据3) accompanied by the following documents marked () in duplicate 随附下列注有（）的单据一式两份4) drafts are to be accompanied by 汇票要随附（指单据） Pre-negotiationPractical Expressions-Practical Sentences5. Draft and Drawn Clauses 出票条款（注：即出具汇票的法律依据）1) available by drafts at sight 凭即期汇票付款2) draft (s) to be drawn at 30 days sight 开立30天的期票3) All drafts drawn under this credit must contain the clause “Drafts drawn under credit No.datedissued by (Bank)”. 本证项下开具的汇票须注明“本汇票系凭银行年月日第号信用证下开具”的条款。 Pre-negotiationPractical Expressions-Practical Sentences5. Draft and Drawn Clauses 出票条款（注：即出具汇票的法律依据）Drafts are to be drawn in duplicate at sight to our order bearing the clause “Drawn under（issuing bank）L/C No.dated.”. 即期汇票一式两份，以我行为抬头，并注明“根据银行年月日第号信用证下开具”。4) Draft (s) drawn must be in scribed with the number and date of this L/C. 开具的汇票须注上本证的号码和日期。 Pre-negotiationPractical Expressions-Practical Sentences6. Commercial Invoice发票1) Beneficiarys original signed commercial invoices at least in 8 copies issued in the name of the buyer indicating (showing/evidencing/specifying/in declaration of) the merchandise, country of origin and any other relevant information. 以买方的名义开具、注明商品名称、原产国及其他有关资料，并经签署的受益人的商业发票正本至少一式八份。 Pre-negotiationPractical Expressions-Practical Sentences6. Commercial Invoice发票2) Signed attested invoice combined with certificate of origin and value in 6 copies as required for imports into Cambodia. 已经签署的，连同产地证明和货物价值的，输入柬埔寨的联合发票一式六份。3) Beneficiary must certify on the invoice “. has/have been sent to the accountee”. 受益人须在发票上证明“已将寄交开证人”。4) 5% discount should be deducted from total amount of the commercial invoice. 商业发票的总金额须扣除5%折扣。 Pre-negotiationPractical Expressions-Practical Sentences7. Bill of Lading提单1) Full set of clean on board ocean bill of lading consigned to order, blank endorsed, marked freight payable at destination, notifying ABC company. Showing invoice value, unit price, trade terms, contract number and L/C number is unacceptable.整套清洁已装船提单，空白抬头，并注明 ABC 公司作为通知人，运费到付。不能将发票价值、单价、价格术语、合同号码和信用证号打在提单上。 Pre-negotiationPractical Expressions-Practical Sentences7. Bill of Lading提单2) Full set of clean on board B/L issued to our order, notifying applicant and marked freight prepaid and showing full name and address of the relative shipping agent in Egypt.全套清洁已装船提单，做成以我方（开证行）指示为抬头，通知开证人，注明“运费预付”，并显示相关在埃及船代的全称和详细地址。 Pre-negotiationPractical Expressions-Practical Sentences7. Bill of Lading提单3) Full set of clean on board port to port B/L, made to the order and blank endorsed to our order, mark freight prepaid dated no later than the latest date of shipment nor prior to the date of this credit. Plus three non-negotiable copies.全套港至港清洁已装船提单，空白抬头并背书给开证行，注明运费预付，日期不迟于最迟装运日期，也不得早于开证日期，加上三份不可议付的副本。 Pre-negotiationPractical Expressions-Practical Sentences7. Bill of Lading提单4) Full set of clean on board ocean bill of lading to order of ABC Bank marked freight prepaid plus two non-negotiable copies notifying applicant.整套清洁已装船海运提单，做成ABC银行抬头，注明运费预付，加上三份不议付提单副本，通知开证人。 Pre-negotiationPractical Expressions-Practical Sentences7. Bill of Lading提单5) Full set of clean shipped on board marine B/L, made out to our order, marked freight prepaid, notifying opener, indicating L/C number and S/C number. Received for shipment B/L is not acceptable.全套清洁已装船海运提单，做成以开证行指示的抬头，注明运费预付，通知开证人，并标明信用证号码和合同号码，不接受备运提单。 Pre-negotiationPractical Expressions-Practical Sentences8. L/C Amendment 信用证修改1) 延展信用证的有效期Please extend the validity/expiry date of the L/C to.2) 延展信用证的最晚装船期Please extend the latest shipment date to.3) 修改商品名称Please amend the commodity name to read “.”. The commodity name should be “.”. Pre-negotiationPractical Expressions-Practical Sentences8. L/C Amendment 信用证修改4) 修改合同商品数量/总价值Please increase/decrease the quantity/amount to “USD.”.The quantity/amount should be “.” instead of “.”.5) 删除某些条款Please delete the clause/term “.”.6) 增加某些文字/条款Please insert/add the wording/clause “.”. In Negotiating- Negotiating by Letter Sample Letter 1 A letter of urging establishment of L/C Dear Ms. More, We write to inform you that the goods under S/C No. MF15/101 have been ready for quite some time. As contracted, the relative L/C covering the above should have reached us before the end of last week. But to our disappointment, we have not received it up to now. We would be grateful if you would expedite establishment of the L/C so that we can arrange the shipment in time. In Negotiating- Negotiating by Letter Sample Letter 1 A letter of urging establishment of L/C To avoid any possible delay in shipment, please make sure that the L/C stipulations are in strict accordance with the terms of the contract. We look forward to receiving your reply at an early date. Yours faithfully, Lin Juan In Negotiating- Negotiating by Letter Sample Letter 2 A letter of reply to the aboveDear Miss Lin, We would like to draw your attention to our Order No. MF15/101 for 622 pcs of FR 9-71323 “Furong” Brand Mens T-Shirts. On 9th August, an irrevocable, confirmed L/C, which expires on 15 October, has been opened in your favor for an amount of USD24,195.80 with CommonwealthBankof Australia in Sydney. In Negotiating- Negotiating by Letter Sample Letter 2 A letter of reply to the above We shall appreciate it if you will expedite the shipment of our order as much as possible, thus enabling them to catch the peak season. We must stress that any delay inshipping the order will involve us in problems with our buyers, which could affect our future business. Thank you in advance for your cooperation. Yours faithfully, Katherine More In Negotiating- Negotiating by Letter Sample Letter 3 A letter of asking for L/C amendmentDear Ms. More, We have received your L/C No. CBA-1218, but regret to say that we have found some discrepancies to the above mentioned L/C. Please make the following amendments to the L/C. 1) The beneficiary should be Fujian Minfa Holdings Garments Imp. CMr. Chen)C:We refer to our S/C No. 6869 for S/2208pcs, M/6306pcs, L/4108pcs of T-shirts.S:Yes? C:We wish to remind you that the date of delivery is approaching and we have not yet received the related L/C.S:Sorry. Actually we have applied for the issuance of the L/C 7 days ago. In Negotiating- Face-to-face NegotiationSample Dialogue 1C:According to my experience, generally speaking, it takes only 1 or 2 days for the bank to open an L/C. S:Well, I asked for less deposit and put our office building in pledge. And it takes time for the issuing bank to examine our financial situation.C:Then when do you think your L/C will reach us? If you fail to open the covering L/C in time, we shall have the right to terminate the contract.S:Do not be nervous. I am sure you will receive the L/C soon. We wish you can ship the goods once receiving the related L/C. In Negotiating- Face-to-face NegotiationSample Dialogue 1C:According to the contract, we will deliver the goods 15 days after the arrival of the L/C. So if you need an early delivery of goods, you should tell your bank to open the L/C as soon as possible.S:Sure, we will urge our bank and give you an exact reply. C:Great. Be sure to confirm that the stipulations in the L/C strictly conform to the terms of the contract.S:Please rest assured. In Negotiating- Face-to-face NegotiationNotes1. terminate v. 结束；终止terminate contract 终止合同；解除合同You have no right to terminate the contract. 你无权终止合同.2. the covering L/C 相关信用证3. financial situation 财务状况4. conform v. 符合；遵照 adj. 一致的conform to 遵守；依照；符合；遵照 In Negotiating- Face-to-face NegotiationSample Dialogue 2Now, Mr. Chen is calling Mr. Smith to tell him about the discrepancies and the amendments.(CMr. Chen; SMr. Smith)C:Hello, Mr. Smith. This is Chen Xin speaking.S:Hi, Mr. Chen. Glad to hear your voice again. How is everything going?C:Quite well, thank you. Mr. Smith, I am calling to tell you that we have just received your L/C.S:Oh, I am glad to hear that.C:But I have to tell you that there are some discrepancies in the above mentioned L/C after checking it. In Negotiating- Face-to-face NegotiationSample Dialogue 2S:Oh, really? I am sorry to hear that. Would you please tell me what they are?C:Yes. The sum in words and figures should comply with each other. The expiry place should be revised to “at beneficiarys country”. S:Ok.C:Whats more, we are not allowed to send 1/3 set of original bill of lading directly to you. Please delete. Another one is that the clause “the inspection certificate presented to the negotiation bank by the seller shall be signed by the applicant” should be amended to “the inspection certificate presented to the negotiation bank by the seller shall be issued by a third party”. In Negotiating- Face-to-face NegotiationSample Dialogue 2S:Sorry, I just want to check the quality before payment. C:You can rest assured about the quality. By the way, please do not forget to extend the presentation time to 21 days as stipulated in our sales contract. S:Mr. Chen, Im sorry for making mistakes. I will see to it.C:I will send you a fax about the amendments. Please make the amendment reach us in a week. Otherwise, shipment will be postponed.S:I will do my best to instruct my bank to amend it right now.C:Good. We appreciate your close cooperation, goodbye. In Negotiating- Face-to-face NegotiationNotes1. rest assured 放心2. extend the presentation time to 交单期延展至3. at beneficiarys country 受益人国家Expiry date: March 7, 2004 in the country of the beneficiary for negotiation. 此信用证的有效期：2004年3月7日前，在受益人国家议付有效。Expiry date 15th August, 2015 in the country of the beneficiary unless otherwise. 除非另有规定，（本证）于2015年8月15日受益人国家满期。 Post-negotiationExercise 1 Phrase translation.1. 不可撤销信用证 2. 保兑信用证 3. 开证人（申请开证人） 4. 受益人 5. 开证行 6. 付款行 7. Inspection Certificate 8. Certificate of Origin 9. in duplicate 10. Ocean Bill of Lading 11. negotiation/negotiating bank 12. establish an L/C Post-negotiationKeys for Exercise 1.1. irrevocable L/C 2. confirmed L/C3. applicant 4. beneficiary 5. opening/issuing/establishing bank 6. paying bank 7. 商检证书8. 产地证9. 一式两份10. 海运提单11. 议付行 12. 开立信用证 Post-negotiationExercise 2 Sentence translation.1. 请加快开立信用证以便我方顺利执行订单。2. 请修改信用证，允许分批装运。3. 请指示你方银行对信用证进行必要的修改。4. 我们仅要求信用证有效期为装船日后15天。5. 我方可以把兴业银行作为开证行吗?6. 请注明信用证在我国可议付。 Post-negotiationExercise 2 Sentence translation.7. Please see to it that the L/C stipulations conform strictly to the terms of the contract so as to avoid subsequent amendment.8. We have received your L/C No. 731 and, on checking up the clauses, have found the following discrepancies in it.9. Please delete the clause “by direct steamer” and insert the wording “Transshipment and partial shipments are allowed”. Post-negotiationExercise 2 Sentence translation.10. Your L/C No. 8986 is short established to the amount of USD8,900. Please increase it according to the contract.11. It would be advisable for you to open the L/C covering your Order No. 751 as early as possible so as to enable us to effect shipment within the time stipulated.12. We write to inform you that today we have established with Citibank an irrevocable documentary L/C in your favor for the amount of .covering . Post-negotiationKeys for Exercise 2.1. Please expedite the L/C establishment so that we may execute the order smoothly.2. Please amend the L/C as allowing partial shipments.3. Please instruct your bank to make the necessary amendments to the L/C.4. We only require the L/C to remain valid 15 days after shipment.5. Can I choose Industrial Bank as the issuing bank?6. Please indicate that the L/C is negotiable in our country. Post-negotiationKeys for Exercise 2.7. 请注意信用证条款与合同条款严格一致以免日后改证。8. 我方已收到贵公司的731号信用证。经审核，发现条款中有以下不符点。9. 请删除“直达轮运输”的条款，加入“允许分装和转船”字样。10. 你方8986号信用证金额少开了，只有8 900美元。请根据合同增加金额。11. 敬请贵方尽快开立与751号订单相关的信用证以便我方在规定时间内装船。12. 特致信告知今日我方已收到由花旗银行开出的关于的不可撤销信用证，金额为 Post-negotiationExercise 3 Situational writing. The delivery date is approaching, but Chen Feng from Fuzhou Hongfa Import & Export Co. has not received any information about the relevant L/C from Steve from Jason Trade Co. Now please write an e-mail on behalf of Chen Feng to urge the establishment of the L/C. Post-negotiationExercise 4 Dialogue interpretation.A:Your L/C NO. 567 covering wool material has been received. But unfortunately, we found some terms unacceptable in it.B:有不符点?A:The bill of lading is made out to order instead of a named consignee.B:提单应该空白抬头，空白背书。A:Whats more, as there is no direct steamer to your port these two months, please amend the L/C to allow transshipment.B:好，我会留意的。 Post-negotiationExercise 4 Dialogue interpretation.A:Another question. According to the L/C, the latest day of shipment is May 1st. We can not make up the order in time owing to your delay in opening the L/C and now it also takes time for you to apply for the amendment of the L/C. So would you