1. An offer is a proposal to conclude a contract with one (or several) specific offerees.

Specific person refers to the offeree who must be specified in the offer. The offeree can be a legal person such as a company or a natural person. The offeree may designate one or more. The purpose of this provision is to distinguish the offer from ordinary commercial advertisements made in various media and commodity price lists distributed to the public.

2. The content of the offer must be very clear.

According to the provisions of the United Nations Convention on Contracts for the International Sale of Goods, it is certain that the proposed contract proposal should include at least three basic elements:

1) indicate the commodity name.

2) Explicitly or implicitly specify the quantity of goods or the method of specifying the quantity.

3) expressly or implicitly agree on the price of goods or the method of determining the price. Any contract proposal containing these three basic conditions can constitute an offer.

The offeror must show that he is bound by his intention to conclude a contract with the other party according to the terms of the offer.

An offer must clearly indicate the intention of the offeror to conclude a transaction and contract with the other party, that is, to conclude a contract. The expression of bound intention means that the offeror explicitly or implicitly indicates in the offer that once the offer is accepted by the offeree, the offeror will conclude a contract according to the terms of the offer. The contract intention of the offeror is usually expressed in terms of "offer" and "delivery", and can also be determined according to the negotiation situation at that time, the past business relationship between the two parties or the established customary practices of the two parties.

However, if the offeror adds some reservations or restrictive conditions in the contract proposal, such as "subject to the final confirmation of the offeror", "subject to the acquisition of import license", "subject to unsold goods" or "trading conditions are for reference only", it means that even if the other party accepts it, the party making the proposal is not bound. Such a contract proposal is not an offer, but can only be regarded as an invitation to the other party to make an offer.

4. The offer must be delivered to the offeree. According to the United Nations Convention on Contracts for the International Sale of Goods, an offer takes effect when it reaches the consignee. If the offer is lost in transit and the offeree fails to receive it, the offer is invalid.

Extended data

1, withdraw the quotation

The withdrawal of an offer refers to the withdrawal of the offer by the offeror after the offer is issued and before the offer reaches the offeree, that is, before the offer takes effect, so that the offer does not take effect. As the offer is invalid, it can be withdrawn in principle. The Convention stipulates: "As long as the withdrawal notice reaches the offeree before or at the same time, an offer, even an irrevocable one, can be withdrawn." In business, if we find that the offer made is wrong, we can take measures to withdraw it according to the spirit of the convention (the offer has not yet reached the offeree) through faster communication.

2. Cancellation of offer

The revocation of an offer means that the offeror cancels the offer after it reaches the offeree, that is, under the condition that the offer has already taken effect, and the validity of the offer is also abolished. On the issue of revocation of offer, there are differences in principle between common law countries and civil law countries. In order to coordinate and solve the contradiction between the two legal systems on this issue, the convention stipulates that the offer can be revoked on the one hand, and restricts the revocation of the offer on the other.

Article 16, paragraph 1 of the Convention stipulates: "Before the contract is established, the offer may be revoked, but the notice of revocation must reach the offeree before it is accepted by the offeree"; Paragraph 2 of Article 16 of the Convention stipulates: "Once an offer becomes effective, it shall not be revoked in the following two cases:

1) The acceptance period has been stated in the offer or is otherwise irrevocable.

2) The offeree has reason to believe that the offer is irrevocable and has acted in accordance with the trust in the offer.

These provisions of the convention are mainly to safeguard the interests of the offeree and ensure the security of the transaction. China is a contracting party to the Convention, which is generally applicable when China enterprises conduct transactions with enterprises in other contracting parties where their places of business are located. Therefore, we must pay special attention to and understand the above provisions of the Convention.

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Baidu Encyclopedia-United Nations Convention on Contracts for the International Sale of Goods