商务英语谈判ppt课件.ppt

Business Negotiation English,Modules of Business Negotiation,Objectives,Acceptance & Conclusion of a ContractSimulated Negotiation,Acceptance & Conclusion of a Contract,An acceptance is the unconditional agreement to an offer. A deal is concluded when the buyer accepts the sellers firm offer/ soft offer. In most of the cases, an acceptance is made in the form of a notice; acceptance can also be made by acts.,The Contract Law,An offeror is in an unfettered position to require the form of acceptance.An acceptance becomes effective upon reaching the offeror;In the case of acceptance by acts, it comes into force upon the offeree having taken the acts.,Necessary analysis after the acceptance,The statement of acceptance must be made by the offeree. No response or silence is no longer treated as a formal acceptance.The acceptance must be in full agreement with the formal offer. Reserved assent, addition or reduction of the formal offer is not a real acceptance.The acceptance must be made within the date of validity of the offer.,Written Contract,Their rights and obligationThe priceTermsConditions for the sale of goods/equipment/other products,Current Practice in China,Placing the companys chop on the contractSignatureConfirmation signed if a contract is concluded through correspondence,Guidelines for closing the negotiation professionally,Keep in mind that a proper closing of negotiation is never done in a hurry.Ask yourself the question: WHO gets HOW MUCH, of WHAT, WHEN?Key elements: payment terms , obligations of the parties representations, warranties, conditions to closing the deal, liability issues, remedies, termination rights,Guidelines for closing the negotiation professionally,3. Besides payment obligations, a business contract usually spells out various obligations of each party. * What is each party obligated to do? * By what date must the obligations be performed? * What quality standards must be met for the obligations to be deemed fully completed?,Guidelines for closing the negotiation professionally,4. Unresolved issues should not be “fudged” by producing vague or ambiguous wording in order to achieve apparent agreement.5. An agreement is not successful until it has been effectively implemented. An implementation program will define what has to be done, when and by whom.,Managing Time,Two common patterns:*The agreement comes together at the last minute.* Both parties reach agreement on some of the easier issues early on in the process while the remaining difficult issues are resolved at the last minute.,Confirm what is negotiated,Were going to draw up the contract according to what we have discussed. To avoid any mistakes, shall we review the points we have agreed on? Before the formal contract is drawn up, wed like to restate the main points of the agreement.Shipment must be made within one month after receipt of our L/C. Is that right?,4. Arbitration, if necessary, will be held in Sweden. Thats what weve agreed upon, isnt it?5. Youre going to pack the machines in strong new wooden cases, arent you?6. Lets go over the terms and conditions of the contract to see if everything is all right.,Review the terms in the contract,1. Well prepare the contract according to the results of our discussion. To avoid any possible mistakes, may I repeat what we have agreed upon?2. We have reached an agreement on the terms for the contract in general and we are going to prepare the contract according to what we have agreed upon. But to ensure that no mistakes are made, shall we repeat all the terms we have discussed?,3. Shall we go over the terms and conditions of the contract to see if we agree on all the particulars?4. Before we sign the contract, lets check the terms and conditions of the contract once more so as to avoid any dispute over some minor details in the future.,Ask the other party to go through the contract,1. Well have the contract sent to your hotel for you to go through.2. Here is the contract we have prepared. Please take a look at it before you sign.3. Heres the sales contract we drafted according to the results of our negotiation. Please have a look at the contract to see if theres anything missing.,4. Weve made a draft of the contract according to what we have discussed. Please go through the contract to see if theres anything that should be revised/modified/rewritten.,Ask to modify some of the terms,1. Everything seems to be satisfactory except that one point is missing.2. I think the shipment clause should be modified.3. I think one more provision should be added regarding commodity inspection.4. May I suggest that you put down in the contract “Shipment is to be made in 2 equal lots during June and July respectively, 2014”?,Close a negotiation,Were glad that the deal has come off nicely and hope there will be more to come.Im glad that we have brought this transaction to a successful conclusion. I hope this will be the forerunner of other transactions in future.Im glad our negotiation has come to a successful end. Lets hope its the beginning of a rich and fruitful cooperation.,4. Im glad that our talk is very fruitful. Lets hope its the beginning of a long-term relationship.5. Congratulations! I hope this will be the prelude to better cooperation.6. Lets hope that everything will go smoothly during the execution of the contract.7. Im looking forward to more cooperation in future and further expansion of our trade relation.,Congratulations,1. Lets congratulate ourselves on having brought this transaction to a successful conclusion.2. Im glad that our negotiation/ talk has come to a successful conclusion.3. I hope everything will be satisfactory during the execution of the contract.,4. Im so glad that our negotiation has been very fruitful.5. I think the success of this first deal will pave the way for future business.,Sample negotiation,L: Good morning, Mr Smith.S: Good morning, Mr. Li.L: Any good news for us?S: Yes, I have succeeded in persuading my boss to give you a 15% discount. He made an exception in this case with an eye to future business.L: Thank you for your efforts.S: Now let me repeat our offer: 30 sets of XS 307 toposcope, specifications as shown in the sales literature, at 25000 US dollars, FOB New York.,L: Quite right. If theres nothing else, I think weve settled everything.S: Im very glad we have brought this transaction to a successful conclusion. I hope this is the beginning of a long and prosperous relationship.L: Before preparing the contract, shall we go over the other terms and conditions again to see if theres any misunderstanding or if there is anything missing?,S: Thats just what Im thinking of.L: As I understand it, payment will be made by confirmed, irrevocable L/C payable against shipping documents and the L/C is to be opened 30 days before shipment. Am I right?S: Yes. And we would like to make it clear that the letter of credit must be valid until the 15th day after shipment, because we usually need a week or so to get all the shipping documents ready for presentation and negotiation.,L: No problem.S: As to delivery, we have agreed that the medical instruments will be delivered not later than the end of June. And you will inform us 15 days before shipment of the ships name and the sailing date.L: Absolutely. What about packing?S: The medical instruments will be packed in cartons.L: Cartons? Im afraid cartons may not be strong enough for such a heavy load and they may not stand shock and rough handling.,S: Oh, you dont have to worry about that. We use metal angles to reinforce the four corners of each carton and reinforce them with metal straps outside. Inside the cartons, we use hard fermented plastic paddings to fix the instruments. So I think theyll be quite seaworthy.L: Then please see to it that the cartons are stenciled with “Fragile” and “ handle with care”.S: You can rest assured of that. As for inspection, it is to be carried out by one of our surveyors. Their report will be part of the documents to be presented for negotiation.,L: The buyer has the right of reinspection. If they find the quality or quantity of the goods not in conformity with those stipulated in the contract, they will lodge a claim against the seller.S: Yes, but the claim must be lodged within 30 days after the arrival of the goods at the port of destination.L: And any disputes, if unsettled, will be referred to the Foreign Trade Arbitration Commission of the China Council for the Promotion of International Trade.S: Yes, but I hope there will be no occasion for arbitration at all.,L: Well, we have agreed on all the major points. When shall we sign the contract?S: How about tomorrow afternoon at 5? Ill have a copy sent to you tomorrow morning for you to go through. After signing the contract, well have dinner together.L: Thats fine. You have been very considerate. See you tomorrow afternoon.S: See you.,Simulated Negotiation,Offer: XCI 120 machine tools , 50 sets, at US $4500 per set, CIF LouisPaymentDeliveryPackingInspectionDisputesClaim Signing the contract,Simulated Negotiation:S: Im very glad that we have agreed upon all the major points.L: So am I. Im going to prepare the formal contract according to what we have discussed. To avoid any misunderstanding or mistake, shall we review the points weve discussed to see if everything is all right?S: Ive no objection.L: Our final offer is XCI 120 machine tools , 50 sets, at US $4500 per set, CIF Louis. Is that right?,S: Right. And shipment will be made by the end of May.L: Absolutely. Payment is to be made by confirmed, irrevocable sight L/C. Isnt it?S: Yes. And what about packing?L: The machines will be packed in strong new wooden cases suitable for long-distance ocean transportation.S: Good. Please see to it that the machines must be well protected against dampness, moisture and rust and be able to stand shock and rough handling.,S: Well, then, weve agreed on all the major points.L: Yes. Im very glad that our negotiation has come to a successful conclusion. Lets hope its the beginning of a long-term relationship.,