An offer is also known in international trade practice as a quotation.The offer is legally called an“offer” and is valid for the duration of the offer,once accepted unconditionally by the offeree,the contract is formed,and the offeror assumes legal responsibility for the performance of the contractual obligations in the terms of the offer.An offer can be made in response to an enquiry or directly to the other party.It is usually sent by the seller,but can also be sent by the buyer,and is referred to in the business as a“delivery”.
There are two types of offers:a firm offer and a void/non-firm offer.A firm offer is a commitment by the seller to be bound by the contents of the offer within a certain period of time and cannot be withdrawn or changed without the consent of the receiver;if the receiver accepts within the effective period,the transaction is concluded and the contents of the firm offer become part of the contract of sale.A complete firm offer should include clear and certain conditions of the transaction,such as the name of the commodity,specifications,quantity,price,payment method,shipment period,etc.There should also be a valid period of the firm offer and should be clear that the offer is a firm offer.A void offer is a reservation by the offeror that he is willing to conclude the transaction on certain terms,without being bound by the content of the offer and without making any commitment,usually using the phrase“subject to my final confirmation” to show the reservation.
A counter-offer is one of the ways in which an offer is accepted by the recipient,but with changes to its content.A counter-offer essentially constitutes a rejection of the original offer to some extent and is a new offer made by the receiver in the position of the offeror.As a result,once the offer has been returned,the original offer becomes invalid and the new offer replaces it as the basis for negotiation of the transaction.If the company does not agree with the content of the counter-offer,a counter-offer(or re-offer)may be made.The counter-offer can be repeated between the parties,and the content of the counter-offer usually only states the conditions that need to be changed or added to,without repeating the terms of the transaction agreed by both parties.In international trade,it is often necessary to make several counter-offers and counter-offerings before an agreement is finally reached.