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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,*,*,Offer,Programme Eight,Contents,Programme Content,1,Programme Objective,2,Warming-up,3,Passage One,4,Passage Two,5,Programme Content,R,ead a passage on offers;,R,ead a passage on making an offer on an item;,L,earn,the,common expressions on business offer;,L,earn how to make a firm offer and non-firm offer in the business activities.,Programme Objective,Talk about the advantage and disadvantage of firm offer;,Talk about the advantage and disadvantage of non-firm offer;,Express clearance offer in the business activities;,Communicate with foreign business partners on the matters of offer.,Part one,Warming-up,Challenge Yourself,Can you tell us the Chinese meaning of the following words immediately?,1,.,binding,2,.,validity,3,.,expire,4,.,withdraw,5,.,lapse,6,.,omission,7,.,exceed,8,.,confirmation,9,.,reservation,10,.,interpretation,Short Survey,Have you got some idea of the following terms before reading the passage?,1.,agreement,2.,selling offer,3.,buying offer,4.,a firm offer,5.,a non-firm offer,Passage One,Offers,An offer is a reply to an enquiry from a customer. It is a proposal of terms and conditions presented in a potential contract by one, called the offeror, to another party, called the offeree. For the sake of the agreement to be binding, the offeree must first accept the offer, otherwise there is no legal contract.,Like an enquiry, an offer can be made either by a seller or by a buyer. The offer made by the seller is customarily called,“,selling offer,”,in which such expressions as,“,can supply,”,“,supply,”,“,offer,”, or,“,offer firm,”,is mostly used. If the offer is made by the buyer, it is commonly called,“,buying offer,”,. In it,a different wording is used, such as,“,book,”,“,order,”,or,“,bid,”,. In general, it is the seller, the offeror, who,offers the sale of certain commodities to the buyer,The offeree.,Firm Offer,An offer may either be a firm offer or a non-firm,offer. A firm offer is made when a seller promises to,sell goods at a stated price usually within a stated,period of time. It must be clear, complete and final.,To be clear means that offeror,s intention and,terms in the offer should be clearly stated without,ambiguity. The main trading terms including those about the name of the foods, quality, specifications, quantity, packing, price, delivery, and payment should be completely denoted. To be final signifies that the offeror intends, without reservation, to enter into a contract with the offeree if all the terms offered are accepted by the offeree. As to the completeness of the main terms in a firm offer, it is understood that not all the terms specified above are required in every offer. If a usual practice has been formed between the traders through long business relationships established in the past or some general business terms have been agreed upon, there is no need to repeat them every time in the offer. It is important that the omission of certain understood terms should lead to no misunderstanding or ambiguity. Otherwise all main items should rather be completely stated in the offer.,A firm offer usually provides a term of validity. In this case the offer remains valid until the validity ends. The acceptance made by the offeree before the validity expires is legally effective. It has to be noted that a firm offer, although does not have a contractual obligation, cannot be withdrawn by the seller within its validity because no reputable seller would risk his reputation by withdrawing his offer before the stated or agreed time.,However, there are different interpretations concerning this problem in different countries. Some hold that so long as the acceptance is made within the validity of the offer, it is having legal force. While others maintain that an acceptance is binding under the law only when it reaches the offeror before the expiry date of the offer. Anyhow, in order to avoid misunderstanding, it is advisable to state in the firm offer the validity term and, in particular, the definite date and time at the offeror,s end, before which the offeror should have received the acceptance. Basically, expressions like,“,for acceptance within 15 days,”,“,this offer is valid for 31 days,”,or similar qualifying words are stated in a firm offer.,A firm offer lapses when it exceeds the time limit because of expiry of time, or when it is rejected or counter-offered. The lapsed offer, under such circumstances, is no longer binding on the offeror.,To be brief, a firm offer with clarity and precision should contain the following points:,A detailed description of the item;,Price, currency;,Minimum or maximum quantity;,Quality;,Shipping date, mode;,Terms of payment;,A time frame during which your offer is available.,Non-firm Offer,What is stated in a non-firm offer, contrary to the firm offer, is unclear, incomplete and with reservation. This kind of offer is not binding on the offeror. Such expressions as,“,reference price,”,and,“,subject to our final confirmation,”,are often used. The following cable, for example, is an offer of this kind.,OFFER APPROXIMATELY TWENTY THOUSAND METERS CHINESE HANGZHOU BROCADE REFERENCE PRICE U.S. DOLLARS SIXTEEEN PER METER CIF NEW YORK IRREVOCABLE L/C SUBJECT TO OUR FINAL CONFIRMATION.,From the above, we can see that the quantity, specifications and price terms are not clear or definite, and nothing is told about the packing and shipment. Furthermore, the offeror makes the offer with reservations,the offer is subject to his final confirmation.,Generally speaking, quotation sheets and price lists serve as non-firm offers because they only include part of the terms, such as names, descriptions, specifications and unit prices. They do not include those terms about shipment, payment, etc. The main terms are not completely listed. Besides, the statements like,“,The prices are subject to change without notice,”,and,“,Subject to our final confirmation,”,are commonly inserted in quotation sheets and price lists, thus making the offer not final.,Words & Expressions,1),proposal,n.,提议,2) offeror,n.,发价人；发盘人,3) for the sake of,为了,利益着想,4) binding,adj.,有约束力的,5) customarily,adv.,习惯上的,6) selling offer,卖方发盘,7) wording,n.,用词，措词,8) state,v.,规定，陈述,9),intention,n.,意图；目的,10) ambiguity,n.,模糊,11),denote,v.,表示,12) reservation,n.,保留，预订,13),enter into a contract 签订合同,14) completeness,n.,完全；完全性,15),omission n. 遗漏,16) validity,n.,有效期，有效性,17),expire,v.,截止,18) contractual obligation,合同义务,19),withdraw,v.,撤销，取出,20) interpretation,n.,解释,21),legal force 法律效力,22) lapse,v.,失效,n.,失误,23),exceed,v.,超出,24) reference price,参考价格,25),specification,n.,规格，说明,26) confirmation,n.,确认,Notes,(1),For the sake of the agreement to be binding, the offeree must first accept the offer, otherwise there is no legal contract.,为了协议具有约束力，受盘人必须首先接受报盘，否则就没有具有法律效力的合同。,其中，短语,for the sake of,的意思是,“,为了,”,，例如，短语,for the sake of the customers,的意思是,“,为了客户的利益着想,”,，短语,for the sake of your health,的意思是,“,为了你的健康,”,，又如，句子,For the sake of the country, he has devoted his life to the science.,（他为了祖国的科学事业付出了一生。）,(2),To be final signifies that the offeror intends, without reservation, to enter into a contract with the offeree if all the terms offered are accepted by the offeree.,最终的意思是指如果受盘人接受了所有报盘条件，报盘人打算与受盘人毫无保留的签订合同。,其中，单词,reservation,的意思是,“,保留，余地,”,，例如，短语,have the reservation about,的意思是,“,对,有所保留,”,， 又如，,All the members agreed on the proposal without reservation.,（所有成员对这项提议都毫不质疑，达成了一致意见。）短语,enter into a contract,的意思是,“,签订合同,”,，,enter into,的意思是,“,开始从事,”,，例如，短语,enter into the question,的意思是,“,开始讨论问题,”,，又如，,Lets enter into the matter right now.,（让我们马上开始解决这个问题。）,(,3),It has to be noted that a firm offer, although does not have a contractual obligation, cannot be withdrawn by the seller within its validity because no reputable seller would risk his reputation by withdrawing his offer before the stated or agreed time.,需要注意的是，实盘虽然不具有合同义务，但它不能在有效期内撤销。因为任何一个有声誉的卖方都不愿意因在规定时间内撤销报盘而破坏自己的声誉。,其中，短语,contractual obligation,的意思是,“,合同义务,”,即合同当事人约定的义务。动词,withdraw,的意思是,“,撤销,”,，例如，,withdraw a statement,的意思是,“,撤销声明,”,，短语,withdraw an application,的意思是,“,撤销申请,”,。名词,validity,的意思是,“,有效期，有效性,”,，例如，短语,the validity of products,的意思是,“,商品的有效期,”,，短语,the validity of contract,的意思是,“,契约效力，合同效力,”,。,Business Link:,Business link,Offer and Acceptance,10/5/2024,Offer and acceptance are elements required for the,formation,of a legally binding contract: the expression,of an offer to,contract on certain terms by one person,(the “offeror”) to,another person (the “offeree”),and,an indication by the,offeree of its acceptance of,those,terms.,A promise or act on the part of an offeree indicating a,willingness to be bound by the terms and conditions,c,ontained,in an offer. For the acceptance, the,essential,requirement is that,the parties had each,from a,subjective perspective engaged in,c,onduct,manifesting,their assent. Under this meeting of the,minds theory of,contract, a party could resist a claim of,breach by,10/5/2024,proving that he had not,intended to be bound by the,agreement, only if it appeared,subjectively that he had,so intended. This is unsatisfactory, as,one party has no,way to know another,s undisclosed,intentions. One,party can only act upon what the other party,reveals,objectively to be his intent. Hence, an actual meeting,of,the minds is not required. Indeed, it has been argued,that,the “meeting of the minds” idea is entirely a,modern error:,19th century judges spoke of,“consensus ad idem” which,modern teachers have,wrongly translated as “meeting of,minds”, but,actually means “agreement to the (same) thing”.,Read and Think,After Reading,10/5/2024,Task 1:,After the passage, you will find 5 questions. For each question there are 4 choices marked A,、,B,、,C and D. You should make the correct choice.,1. For the sake of the agreement to be binding, the offeree must first _ the offer, otherwise there is no legal contract.,A. accept B. reject C. avoid D. promise,2. The offer made by the seller is customarily called “_”.,buying offer,B. selling offer,C. bidding offer,D. booking offer,10/5/2024,3. _ is made when a seller promises to sell,goods at a stated price usually within a stated period,of time.,A non-firm offer B. A buying offer,C. A firm offer D. A selling offer,4. In order to _ , it is advisable to state in the firm offer the validity term.,A. enter into a contract B. sell the goods,C. effect an offer D. avoid misunderstanding,5. In a non-firm offer, the offer is subject to _ final confirmation.,A. offerees B. banks C. offerors D. lawyer,10/5/2024,Task 2: Fill in the blanks with the words and expressions given in the box. Change the form if necessary.,expire proposal,be binding on customarily,promise ambiguity,denote reservation,validity confirmation,10/5/2024,1. The contract should be written without _ to avoid any misunderstanding.,2. The price is subject to our _.,3. _, we have a get-together of the whole family on the Mid-Autumn Day.,4. He _ to build the new school for the needy communities at the meeting.,5. His _ of carrying out a research on high-tech product has been unnoticed.,6. All the rights are _ to our company and sponsors.,7. The agreement should _ both sellers and buyers.,8. Dark clouds _ a coming storm.,9. There is no question about the _ of the enterprise.,10. When does your driving license _?,Read and Translate,After Reading,10/5/2024,Task 1: Translate the following phrases into English.,对,有约束力,2.,参考价格,3.,签订合同,4.,报价单,5.,截止日期,6.,在,情况下,7.,期限,8.,法律效力,9.,价目单,10.,合同义务,10/5/2024,Task 2: Translate the following sentences into Chinese.,1. He has made an offer subject to prior sale.,2. They accepted the proposal without reservation.,3. You should give up smoking now, for the sake of your own health.,4. A lawfully formed contract is legally binding on the parties.,5. She allowed her membership to lapse after the first year,.,After Reading,Read and Speak,10/5/2024,Task 1: Discuss the following questions with your partner after reading the passage.,Explain a firm offer and a non-firm offer in your own words.,What should be paid attention to when making an offer?,10/5/2024,Task 2: Recite the following paragraph.,Like an enquiry, an offer can be made either by a seller,or by a buyer. The offer made by the seller is,customarily called “selling offer” in which such,expressions as “can supply” , “supply”, “offer”, or “ offer,firm” is mostly used. If the offer is made by the buyer, it,is commonly called “buying offer”. In it, a different,wording is used, such as “book”, “order” or “bid”. In,general, it is the seller, the offeror, who offers the sale,of certain commodities to the buyer, the offeree.,Passage Two,You Can Always Make an Offer on an Item,Q 1,Have you ever made an offer? If you have, what kind of offer youve made and what was the result of it?,Q 2,Which points should be aware of when making an offer?,There are some points to be aware of when making an offer. We reserve the right to reject, counter or accept any offer. Acceptance of an offer or a counter-offer may have conditions on it,such as the speed or method of payment required. While rejection of an offer is usually simply because the offer is too low (at the present time), it could also because we have a better offer or we have reservations with regard to the offer maker. While the amount we are willing to accept for any given item can vary day-to-day depending on our mood and cash-flow needs, we seldom feel we need to move something more than we,need a reasonable price for it. Thus, the farther an offer is from the listed price, the less likely we will accept it. Since we are in the business of buying items to resell, it is really unlikely that we will accept an offer that is below,what we paid for the item. We have many places in town to sell scrap metal so it is unlikely we are going to sell something for less than what we can get from one of the local scrap dealers.,If you make an offer that we consider ridiculously low, don,t expect a response., If you make an offer that looks sincere to us but is considerably below the minimum we would accept,we will simply decline your offer., If you make an offer that is somewhere in the ballpark of what we would accept, we will make a counter-offer., If you make an offer that equals what we are willing to accept at that time, we will respond accepting your offer.,The points above are very subjective. There is no exact formula or algorithm. There is a great deal of variability item-to-item and some variability day-to-day. On occasion, we might accept an offer of 25% of the listing price. Another item with a listing price right at our cost, we might not accept anything less than our listing price.,If there is an item you really need, you might want to be careful with offers. Someone could come along and make a better offer or buy at the listed price while you are in the offering process. We see this,h,appen surprisingly often. There is a phenomenon we have observed but don,t understand. An item will have been listed for a long time with no one expressing interest. Out of the blue, we will get a query about it. Then, within hours we will get additional contacts from person,s interested in buying the item. One of those interested parties typically buys the item for the listed price or a value close to it.,10/5/2024,If you are making an offer, please be sure to make it very clear that it is an offer, what the offer is for and what the offer is. We get a surprising number of e-mails making an offer that we have no idea what item the offer is in relationship to,or offers we are not sure if they are offers or comments or questions.,Offers need to be made by e-mail. The persons who review offers are hard to reach by phone and can,t usually consider an offer,“,live,”,as they typically don,t have computer access (with the information they need to make decision) when you do reach them by phone.,Words & Expressions,1) reject an offer,拒绝报盘,2) counter an offer,还盘,3),with regard to,考虑到,4),vary,v.,变化,改变,5),mood,n.,情绪,6),reasonable,adj.,合理的,7),considerably,adv.,数量大地,8),sincere,adj.,真诚的,9),decline,v.,委婉拒绝,10),ballpark,n.,棒球场,11),be willing to,愿意,12),subjective,adj.,主观的,13),formula,n.,公式,程式,14),occasion,n,.,时刻，场合,15),at ones cost,由,付款,16),phenomenon,n,.,现象,17),out of the blue,出乎意外的，突然,18),query,n.,查询，问题,19),typically,adv.,典型地,20),close to,接近，近乎,21),have no idea,不知道，不了解,22),comment,v.,评论,23),address,n.,地址,24),review,v.,审查,25),be hard to,难于,26),reach,v.,联系到,Notes,(1),Thus, the farther an offer is from the listed price, the less likely we will accept it.,因此，报盘与所列价格相差越大，我们就越没有可能接受。,其中，,the farther, the less,是,“,the+,比较级，,the+,比较级,”,的句型，意思是,“,越,越,，例如，,The harder you work, the more you learn.,（你越努力，你学到的越多。）又如，,The more you paid, the more you gained.,（你付出的越多，收获的就越多。）,(2) Out of the blue, we will get a query about it.,出乎意料的，我们会收到关于商品的询价。,其中，短语,out of the blue,的意思是,“,出乎意料，突然,”,。名词,query,的意思是,“,查询,”,， 例如，短语,a query about products,的意思是,“,对商品信息的询问,”,，,a query about the publisher of the book,的意思是,“,查询书籍的出版商,”,。,10/5/2024,(,3,),We have many places in town to sell scrap metal, so it is unlikely we are going to sell something for less than what we can get from one of the local scrap dealers.,我们在城中有很多地方销售非金属，所以我们将不可能以低于我们从废品收购商处得到的报价来出售商品。,其中，,it is unlikely,是,“,不可能,”,的意思，其后可引导句子，例如，,It is unlikely that we give up this project.,（我们不可能放弃这个项目。） 句子,what we can get from one of the local scrap dealers,是宾语从句，用在比较词,than,之后，表示比较的内容。,(4) If you are making an offer, please be sure to make it very clear that it is an offer, what the offer is for and what the offer is.,如果你在进行报价，请一定确认这是一个报价，并非常清晰地了解为什么进行报价，以及你的报价是什么。,其中，句子,that it is an offer, what the offer is for and what the offer is,是宾语从句，作,make,的宾语，,it,是形式宾语。,(5) The persons who review offers are hard to reach by phone and can,t usually consider an offer,“,live,”,as they typically don,t have computer access (with the information they need to make a decision) when you do reach them by phone.,审查报盘的人是难于通过电话联系的，且即使当你确实通过电话联系上此人，他们通常也不能认为报盘是真实的，因为他们并没有从计算机上获得信息（得到他们需要做出决定的信息）。,其中，动词,review,的意思是,“,审查，复查,”,，例如，短语,review a contract,的意思是,“,复查合同,”,，短语,review the candidates,的意思是,“,审查候选人,”,。,Business Link:,Business link,Terms of,an Agreement,10/5/2024,The terms of a proposed agreement must include,enough detail for a person to accept and perform the,task or obligation. Generally, and in particular with,respect to consumer and commercial transactions, this,means that certain material terms must be present in the,offer. Material terms typically include the price and the,subject of the contract, such as goods or services,rendered.,10/5/2024,Depending on the subject of the contract, the quantity,of goods and timeframe for delivery may also be,considered material terms. Terms may also include,whether a person can accept through promise or,performance.,Comprehension Check,10/5/2024,Task 1: Tell whether each of the following statements is true (T) or false (F) according to the passage.,( ) 1. Acceptance of an offer or a counter offer may have no conditions on it.,( ) 2. The amount we are willing to accept for any given item can change day-to-day.,( ) 3. We only accept an offer of the listing price right at our cost.,( ) 4. If there is an item you really need, you might want to be careful with offers.,( ) 5.
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