The Process Of Negotiation
paction
Consultations can be oral (face-to-face or telephone), or written (fax, telex or letter).
The process of paction negotiation can be divided into four parts: inquiry, offer, counter offer and acceptance. The offer and acceptance are essential and the necessary legal steps to achieve the exchange.
A.
Enquiry
Enquiry (Inquiry) is a behavior in which the other party inquires into the terms of a paction and indicates the desire to trade.
Enquiries are mostly made by the buyer, or can be made by the seller.
If buyer enquiries: "interested Northeast soybean, please offer", or "interested in Northeast soybean, shipment in November, please quote".
Enquiry is not binding on both parties.
B.
Offer
The offer (Offer) is also called the offer price, which means one side of the paction (the offeror) presents the terms of paction to the other party (the offeree), and is willing to make a paction according to these conditions.
The offer is legally known as an offer. During the validity period of the offer, the contract is set up when the holder accepts the contract unconditionally, and the offeror assumes the legal responsibility for fulfilling the contractual obligations according to the terms of the offer.
The offer is mostly for the seller (Selling Offer).
It can also be proposed by the buyer (Buying Offer), also known as Bid.
In practice, the seller usually makes an offer after buyer's enquiry, but it can also make an offer without inquiries.
C. counter offer
The offeree disagrees with the trading conditions in the offer and proposes changes or changes, called Counter Offer.
It is called a counter offer in law.
The counter offer is actually a new disk issued by the offeror in the position of the offeror.
The original offeror becomes the offeree of the new disk.
A counteroffer is also a refusal of the offeree to make an offer, and the offer is invalidated because of the counteroffer, and the original offer is no longer subject to its restraints.
The counter offer can be repeated between the two sides. The contents of the counter offer usually only state the conditions for changes or additions, and there is no need to repeat the terms and conditions agreed upon by both parties.
D. acceptance
Within the validity period of the offer, the offeree unconditionally agrees to the terms and conditions of the offer, and is willing to conclude a paction according to these conditions.
Acceptance (Acceptance) is legally known as a "promise", and the contract will be established once it is served on the offeror.
Both parties shall fulfil their obligations under the contract and have corresponding rights.
If the paction conditions are simple, there is no need to repeat all conditions in the acceptance.
If the two sides repeatedly counter each other, the conditions change greatly, and only the paction conditions that need to be changed in the counter offer, then, when accepting, it is necessary to repeat all the conditions, so as to avoid omissions and misunderstandings.
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