外贸英语函电,杨伶俐

单击此处编辑母版标题样式,单击此处编辑母版文本样式,第二级,第三级,第四级,第五级,*,第六章,订货和购货确认书,学习目标,了解订单，购货合同和确认书的基本内容,重点掌握购货确认书和合同形式和要求,了解订购合同信函往来书写的典型句型和表达用语,概述,如果卖方的报价（,offer,）无条件地被卖方接受，或者买卖双方经过贸易条款磋商达成一致，由买发方发出订单；或买方根据卖方报价直接发出订单，再由卖方发对订单进行函电确认以后，交易就进入了定购货物阶段。这时可由卖方寄发销售合同或者销售确认书，也可由买方在订购货物时直接把购货合同或者购货确认寄给卖方。购货合同和购货确认书是买卖双方在通过交易磋商达成交易后，是由买方出具并寄给双方加以确认的列明达成交易条件的书面证明，经买卖双方签署的确认书，是法律上有效的文件，对买卖双方具有同等的约束力。,订购和购货合同,与销售合同类似，购货合同在进出口贸易中也主要有两种形式，即正式合同,(contract),和合同确认书,(confirmation),。购货合同和购货确认书是由买方出具并寄给对方加以确认的列明达成交易条件的书面证明，虽然繁简不同，但经买卖双方签署确认后，具有同等法律效力，对买卖双方均有约束力。对于在国际贸易中大宗商品或成交额较大的交易，多采用正式合同，即购货合同；而对于金额不大，批数较多的小土特产品或轻工产品，或者已订立代理、包销等长期协议的交易多采用合同确认书，即购货确认书。,购货合同和相关函电往来,Dear Sirs,Purchase Contract No. 478,On viewing the samples and pricelist you sent us on June 1, we have the pleasure in placing with you the following trial order, which we expect your immediate and best attention.,Item Quantity CIF London,Coffee cups 3 000 US$50.00 per 100,Tea cups 2 000 US$50.00per 100,Teapots 1 000 US$5.00 each,Packing: In wooden cases, 40 pieces packed in one case,Shipment: Prompt shipment from Tianjin,Payment: By Irrevocable L/C available by draft at sight,Please note that the porcelain wares should be of the same quality as that used in the sample. We expect to find a good market for these goods and hope to place further and larger orders with you in the near future.,Enclosed are our Purchase Contracts in duplicate for signature. Please sign and return one copy for our file. Upon receipt of your confirmation, an L/C will be issued.,Sincerely yours,示例,Purchase Contract,Contract No.,Date:,Signed at:,The Buyer :,Address,：,Tel :,Fax:,E-mail:,The Seller:,Address:,Tel :,Fax:,E-mail :,The Seller and the Buyer agree to conclude this Contract subject to the terms and conditions stated below,：,示例,1. Name, Specifications and Quality of Commodity:,2. Quantity:,%more or less allowed,3. Unit Price:,4. Total Amount:,5. Terms of Delivery: FOB/CFR/CIF,6. Country of Origin and Manufacturers:,7. Packing:,The packing of the goods shall be preventive from dampness, rust, moisture, erosion and shock, and shall be suitable for ocean transportation/multiple transportation. The Seller shall be liable for any damage and loss of the goods attributable to the inadequate or improper packing. The measurement, gross weight, net weight and the cautions such as Do not stack up side down, keep away from moisture, Handle with care shall be stencilled on the surface of each package with fadeless pigment.,示例,8. Shipping Marks:,9. Time of Shipment:,10. Port of Loading:,11. Port of Destination:,12. Insurance:,Insurance shall be covered by the,for 110% of the invoice value against,Risks and,additional Risks.,示例,13. Terms of Payment:,(1) Letter of Credit: The Buyer shall in,days prior to the time of shipment /after this Contract comes into effect, open an irrevocable Letter of Credit in favor of the Seller. The Letter of Credit shall expire,days after the completion of loading of the shipment as stipulated.,(2) Documents against payment: After shipment, the Seller shall draw a sight bill of exchange on the Buyer and deliver the documents through Sellers bank and,Bank to the Buyer against payment, i.e D/P. The Buyer shall effect the payment immediately upon the first presentation of the bill(s) of exchange.,(3) Documents against Acceptance: After shipment, the Seller shall draw a sight bill of exchange, payable,days after the Buyers delivers the documents through Sellers bank and _,Bank to the Buyer against acceptance(D/A,days).The Buyer shall make the payment on date of the bill of exchange.,(4) Cash on delivery (COD): The Buyer shall pay to the Seller total amount within,days after the receipt of the goods (This clause is not applied to the Terms of FOB,CFR,CIF).,示例,14. Documents Required:,The Seller shall present the following documents required to the bank for negotiation/collection:,(1) Full set of clean on board Ocean/Combined Transportation/Land Bills of Lading and blank endorsed marked freight prepaid/ to collect;,(2) Signed commercial invoice in,copies indicating Contract No., L/C No. (Terms of L/C) and shipping marks;,(3) Packing list/weight memo in,copies issued by,;,(4) Certificate of Quality in,copies issued by,；,(5) Certificate of Quantity in _copies issued by,;,(6) Insurance policy/certificate in _copies (Terms of CIF);,(7) Certificate of Origin in,copies issued by,;,(8) Shipping advice:,The Seller shall, within,_hours after shipment effected, send by courier each copy of the above-mentioned documents No.,.,示例,15. Terms of Shipment:,(1) FOB,The Seller shall, 30 days before the shipment date specified in the Contract, advise the Buyer by,of the Contract No., commodity, quantity, amount, packages, gross weight, measurement, and the date of shipment in order that the Buyer can charter a vessel/book shipping space. In the event of the Seller,s failure to effect loading when the vessel arrives duly at the loading port, all expenses including dead freight and/or demurrage charges thus incurred shall be for the Seller,s account.,(2) CIF/CFR,The Seller shall ship the goods duly within the shipping duration from the port of loading to the port of destination. Under CFR terms, the Seller shall advise the Buyer by,of the Contract No., commodity, invoice value and the date of dispatch two days before the shipment for the Buyer to arrange insurance in time.,示例,16. Shipping Advice:,The Seller shall, immediately upon the completion of the loading of the goods, advise the Buyer of the Contract No., names of commodity, loading quantity, invoice values, gross weight, name of vessel and shipment date by,within,hours.,17. Quality Guarantee:,The Seller shall guarantee that the commodity must be in conformity with the quality, specifications and quantity specified in this Contract and Letter of Quality Guarantee. The guarantee period shall be _months after the arrival of the goods at the port of destination, and during the period the Seller shall be responsible for the damage due to the defects in designing and manufacturing of the manufacturer.,示例,18. Inspection:,（,1,）,The Seller shall have the goods inspected by,days before the shipment and have the Inspection Certificate issued by,. The Buyer may have the goods re-inspected by,after the goods arrival at the destination.,(2) The manufacturers shall, before delivery, make a precise and comprehensive inspection of the goods with regard to its quality, specifications, performance and quantity/weight, and issue inspection certificates certifying the technical data and conclusion of the inspection. After arrival of the goods at the port of destination, the Buyer shall apply to China Commodity Inspection Bureau (hereinafter referred to as CCIB) for a further inspection as to the specifications and quantity/weight of the goods. If damages of the goods are found, or the specifications and/or quantity are not in conformity with the stipulations in this Contract, except when the responsibilities lies with Insurance Company or Shipping Company, the Buyer shall, within,days after arrival of the goods at the port of destination, claim against the Seller, or reject the goods according to the inspection certificate issued by CCIB. In case of damage of the goods incurred due to the design or manufacture defects and/or in case the quality and performance are not in conformity with the Contract, the Buyer shall, during the guarantee period, request CCIB to make a survey.,示例,19. Claim:,The buyer shall make a claim against the Seller (including replacement of the goods) by the further inspection certificate and all the expenses incurred thereafter shall be borne by the Seller. The claims mentioned above shall be regarded as being accepted if the Seller fail to reply within _,days after the Seller received the Buyers claim.,示例,20. Late delivery and Penalty,Should the Seller fail to make delivery on time as stipulated in the Contract, with the exception of Force Majeure causes specified in Clause 21 of this Contract, the Buyer shall agree to postpone the delivery on the condition that the Seller agree to pay a penalty which shall be deducted by the paying bank from the payment under negotiation. The rate of penalty is charged at,% for every,_days, odd days less than,days should be counted as,days. But the penalty, however, shall not exceed,_% of the total value of the goods involved in the delayed delivery. In case the Seller fail to make delivery,days later than the time of shipment stipulated in the Contract, the Buyer shall have the right to cancel the Contract and the Seller, in spite of the cancellation, shall nevertheless pay the aforesaid penalty to the Buyer without delay.,The buyer shall have the right to lodge a claim against the Seller for the losses sustained if any.,示例,21. Force Majeure:,The Seller shall not be responsible for the delay of shipment or non-delivery of the goods due to Force Majeure, which might occur during the process of manufacturing or in the course of loading or transit. The Seller shall advise the Buyer immediately of the occurrence mentioned above and within,days thereafter the Seller shall send a notice by courier to the Buyer for their acceptance of a certificate of the accident issued by the competent Government Authorities under whose jurisdiction the accident occurs as evidence thereof. Under such circumstances the Seller, however, are still under the obligation to take all necessary measures to hasten the delivery of the goods. In case the accident lasts for more than,days the Buyer shall have the right to cancel the Contract.,示例,22. Arbitration:,Any dispute arising from or in connection with the Contract shall be settled through friendly negotiation. In case no settlement is reached, the dispute shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC), for arbitration in accordance with its rules in effect at the time of applying for arbitration. The place of arbitration is in,. The arbitral award is final and binding upon both parties.,23. Notices:,All notice shall be written in,and served to both parties by fax/courier according to the following addresses. If any changes of the addresses occur, one party shall inform the other party of the change of address within,days after the change.,示例,24. The terms in the Contract are based on INCOTERMS 1990 of the International Chamber of Commerce.,25. Additional clause:,Conflicts between Contract clause here above and this additional clause, if any, it is subject to this additional clause.,26. This Contract is executed in two counterparts each in Chinese and English, each of which shall deemed equally authentic. This Contract is in,copies, effective since being signed/sealed by both parties.,Representative of the Buyer,(Authorized signature):,Representative of the Seller,(Authorized signature):,购货确认书和相关函电往来,Dear Sirs,Thank you for your samples and pricelist of 11th June. We are pleased to find that your red beans appear to be of high quality and thus meet our requirements.,As a trial order we would like to give you a small order for 800 metric tons of red beans. Please note that the goods are to be supplied in accordance with your samples.,We are sending you the Purchase Contract No. 478 in duplicate. Please return to us one of them by airmail, complete with your signature. The particulars are detailed in the enclosed purchase contract. We are eager to obtain the goods, so please fax us your acceptance, upon receipt of which we will open an irrevocable cable L/C through HCSB.,If the initial order turns out satisfactory, you can expect regular orders from us with large quantities in the near future.,Yours Sincerely,购货确认书,购货确认书中应包括以下条款：,1.,Commodity and Specifications,2,.,Quantity,3,.,Price,4,.,Payment,5,.,Shipment,6,.,Shipping Documents,7,.,Packing,8,.,Insurance: to be covered by the Buyer/ Seller,9,.,Inspection,10. Special Terms& Conditions,特别条款里要写明：,The general terms and conditions set forth on the back hereof are incorporated in and made an integral Part hereof.,一般条款,General Terms and Conditions,1,.,The Buyer will take necessary steps to obtain Import license and to arrange letter of credit for performance of the contract with reasonable business practices. The Buyer shall not be responsible for any failure or delay in obtaining such import license, if caused by reason beyond the control of the Buyer. If the terms of credit do not conform to the terms of this contract, the Seller shall immediately request the Buyer in writing to amend the letter of credit so tat it will conform to this contract or shall be deemed to have waived such variance.,2,.,All customs duties, taxes and other charges incurred on the merchandise and / or containers and/ or documents including the certificate of origin shall be the responsibility of the Seller and for the Sellers account.,一般条款,3,.,The merchandise shall be carried, by the usual route or routes in an ocean-going vessel well equipped and high-powered of type normally used for the transport of merchandise described in this contract. Bill of lading date shall be proof of date of shipment in the absence of evidence to the contrary.,Notice of particular s of shipment shall be sent to the Buyer at such time and by such means that said notice shall; be received by the Buyer within_days after shipment.,4,.,The Seller warrants the quality, merchantability and fitness of the merchandise. Any claim by the Buyer, excerpt for latent defects, shall be made in writing within 30 days after arrival of the merchandise at the final destination specified herein. The Seller shall be responsible for latent defects of merchandise at ant time after taking delivery, inspection, and acceptance of merchandise regardless of any delay or failure of the Buyer to give such notice of claim.,一般条款,5.,Time of shipment is of the essence of this Purchase Confirmation but if shipment is delayed for more than thirty (30) days as a result of any cause or causes beyond the control of the Seller, the Buyer shall have the option of cancelling unconditionally such proton of this purchase confirmation remains unperformed at the end of such thirty (30) days, or of maintaining it, in which case each party undertakes to perform this Purchase Confirmation as soon as practicable, should shipment not be possible within _months from the date of shipment originally stipulated, the Purchase Confirmation shall become avoid as to undelivered portion. In the event if such cancellation or the Purchase Confirmation becoming void for such reason, the Seller shall promptly refund to the Buyer any and all money paid for such undelivered portion.,一般条款,6,.,In the event of any breach by the Seller of any of the terms, conditions or warranties of the Purchase Confirmation, or in the event of the death, dissolution, bankruptcy or insolvency of the Seller, the Buyer shall have the right to terminate this Purchase Confirmation or any unperformed portion of this Purchase Confirmation, and the Seller is bound to reimburse the Buyer for any loss or damage sustained therefrom, including, but not limited to, loss of profits obtainable from resale by the Buyer.,7,.,The Seller shall be responsible for any infringement with regard to patent, utility model, trademark, design or copy right of the merchandise, whether in the Buyers country or any other country or place. In the event of any dispute with regard to any of the above rights, The Buyer shall have the right to cancel this contract at the Buyers discretion and shall be under no liability arising therefrom; the Seller shall be responsible for, if any, liabilities, claims, expenses and/ or losses caused thereby.,一般条款,8.,Any dispute or difference arising out of relating to this Purchase Confirmation, or the breach thereof which cannot be settled amicably shall be arbitrated in Beijing, China, in accordance with the Provisional Rules or Procedure of the Foreign Trade Arbitration Commission of the China Council for the Promotion of International Trade, Beijing. The award shall be final and binding upon both parties. Arbitration fees shall be borne by the losing party, unless otherwise awarded.,9,.,This purchase Confirmation shall be governed by and constructed under the laws of the Peoples Republic of China.,常用语句,1. The Buyer shall open an irrevocable Letter of Credit in favor of the Seller in 30 days after this Contract comes into effect.,2.,In order to avoid subsequent amendments, here we would like to draw your attention to the fact that the stipulations in the relative credit should conform strictly to the terms in our Sales Contract.,3. All customs duties, taxes and other charges incurred on the merchandise and / or containers and/ or documents including the certificate of origin shall be the responsibility of the Seller and for the Sellers account.,常用语句,4. We place this order on the clear understanding that you can guarantee shipment at Tianjin to London by Aug. 1, and we reserve the right to cancel it and refuse delivery after this date.,5. The Seller shall, 20 days before the shipment date specified in the Contract, advise the Buyer the Contract No., commodity, quantity, amount, packages, gross weight, measurement, and the date of shipment in order that the Buyer can charter a vessel/book shipping space.,6.We expect to find a good market for these goods and hope to place further and larger orders with you in the near future.,