Different

1. Inquiry

It means that one party to the transaction is preparing to buy or sell a certain commodity and inquires from the other party about the transaction of buying or selling the commodity. condition.

The content of the inquiry can involve: price, specifications, quality, quantity, packaging, shipping and request for samples, etc., but most of them just ask about the price. Therefore, inquiry is often called inquiry in business.

In international trade business, sometimes one party sends an inquiry expressing its desire to trade with the other party. It is hoped that the other party will issue a valid offer in time after receiving the inquiry so that it can consider whether to accept it or not. There are also inquiries that just want to inquire about the market price, and the inquiry is not limited to one person. The party issuing the inquiry hopes that the other party will issue an estimate. This kind of valuation document does not meet the conditions for an offer, and the quoted price is for reference only

Therefore, the document is only a reference for legal efficiency,

2; Offer == Legal An offer

According to Article 14, paragraph 1, of the United Nations Convention on Contracts for the International Sale of Goods (hereinafter referred to as the Convention), the interpretation of an offer is:

"To one or more specific A proposal to conclude a contract made by a person is an offer if it is sufficiently definite and expresses the intention of the offeror to be binding upon acceptance. A proposal refers to the goods and expressly or implicitly stipulates the quantity and price or how they are to be determined. Quantity and price are very certain." An offer must meet the following four conditions:

a. It is made to one or more specific persons: the offer must specify a recipient who can express acceptance. There can be one offeree, or multiple recipients can be specified. An offer without specifying an offeree shall be regarded merely as an invitation to make an offer, or an invitation to make an offer.

b. Express the intention to enter into a contract: The offer must express serious intention to enter into the contract, that is, the offer should indicate that the offeror will enter into a contract with the offeree in accordance with the terms of the offer when accepted. legal liability. This kind of meaning can be expressed by terms such as "offer" or "offer". It can also be expressed according to the negotiation situation at the time or the relationship between the parties without using the above or similar terms and sentences. Determined by past business interactions between the parties or established customary practices of both parties.

c. The content of the offer must be very certain: The certainty of the content of the offer is reflected in whether the conditions listed in the offer are complete, clear and final.

d. Deliver to the offeree. An offer becomes effective when it is delivered to the offeree.

The above four conditions are the basic requirements for an offer under the Convention, and can also be called the four elements that constitute an offer.

3. Counteroffer

After receiving the offer, the offeree cannot fully agree with the content of the offer. In order to further negotiate the transaction, he orally proposes modifications to the offer. Or expressed in writing, it constitutes a counteroffer.

The forms of counter-offers can be different. Some explicitly use the word "counter-offer", while others do not. Modifications to the offer expressed in the content also constitute counter-offers.

A counteroffer is a rejection of an offer. Once a counter-offer is made, the original offer becomes invalid and the offeror is no longer bound by it.