商務(wù)英語談判Types of BN

1、Types of Business Negotiation lSales of Goods lInvestment lTechnology Transfer 外語教學(xué)與研究出版社外語教學(xué)與研究出版社 lBulk commodities 散裝貨lSeaworthy packing 耐航包裝lCustomary packing 習(xí)慣包裝lPromissory note 本票lMail transfer 信匯lPartial shipment 分批裝運lMultimode 多式聯(lián)運l lWhat Should Be Negotiated lQuality lQuantity lPacking lPa

2、yments lShipment lInsurance lClaim and Arbitration lTips for sales negotiationlAll terms concerning the transactionlSpecific clauses in a contractlSale by sample;lSale by description and illustration;lSale by trademark or brand;lSale by place of origin;lSale by specification, grade or standard.lSale

3、 by Description （憑說明買賣）lSale by Sample （憑樣品買賣）lSale as it is (看貨成交) 外語教學(xué)與研究出版社外語教學(xué)與研究出版社 案例案例 某公司與日本某會社簽定一單憑我樣品出口“土紙”合同。貨抵橫濱港后，經(jīng)開箱檢驗，日方即以貨品不符合同品質(zhì)約定為由，向我提出異議索賠。 我方：復(fù)驗，與樣品相符，拒付 日方：部分工序為機械操作，繼續(xù)索賠 我方：同意酌情給予賠償 1. 1. 致?lián)p原因：二個質(zhì)量標準致?lián)p原因：二個質(zhì)量標準 2. 2. 風風 險：多個標準同時存在，交叉約束險：多個標準同時存在，交叉約束 3. 3. 規(guī)避方法：樣品是表示品質(zhì)的唯一依據(jù)規(guī)避方

4、法：樣品是表示品質(zhì)的唯一依據(jù)lSale by Specification, Grade or Standard（憑規(guī)格，等級，標準）lSale by Brand Name or Trade Mark（憑品牌或商標）lSale by Name of Origin（憑產(chǎn)地名稱）lSale by Description and Illustration （憑說明書和圖樣）ContentGradeTungstenTrioxide (Min.)Tin (Max.)Arsenic (Max.)Sulphur (Max.)Superior1270%65%65%0.2%0.2%0.1%0.2%0.2%0.2%

5、0.8%0.8%0.8%lOrder a sample before committing to a purchase order lUse Pre-Shipment Inspection Services. lPacking lIn case failure to ensure that the quality of the goods delivered is in accordance with the contract or sample. lWeight: metric ton, kilogram, pound, ounce, gram,lNumbers: piece, pair,

6、set, dozen, grosslLength: meter, foot, yard, mile, inch,lArea: acre, square yard, square footlVolume: cubic meter, cubic yardlCapacity: liter, gallon, bushel, etc.lImportance of packing：Preventing or minimizing the damage of shipment;Promoting product sales;Avoiding possible rejection of the shipmen

7、t by the buyer.lThree types of commodities Bulk CommoditiesNude Packed Commodities Packed CommoditieslThree types of packinglTransport PackinglSales Packing lNeutral PackinglSpecial Request for packinglAlso called big packing or outer packinglCharacteristics of Transport PackingBe solid and durable

8、and adaptable to changing climates;Be uniformAs small and light as possible lTypes of Transport PackinglBags/SacklCarton件lCase lCrate lDrum lBale 捆lCanlCarboy大玻璃瓶lContainerlPallet運貨板l干貨集裝箱（Dry Cargo Container） 20Steel Reefer with Meat Hang System20鋼質(zhì)掛肉冷藏箱鋼質(zhì)掛肉冷藏箱 lSales packing (inner packing, small

9、packing or immediate packing) is mainly used for the purpose of promoting sales.A silent salesman lFunctions of sales packingFor Display and saleFor Identification of the commodityFor consumer convenience in uselPiling-up PatternlHanging-up PatternlSpreading-up PatternlTransparent pattern and window

10、ed patternlCustomary Packing PatternlPattern for Carrying aboutlPattern for Easy OpeninglPattern for Spraying outlPattern for Forming a Complete Set（套裝）lPattern for Showing off a GiftlAvoid using unclear terms such as seaworthy packing and customary packing lSpecial request for packingThe shipping m

11、arks Indicative markslThe importance of and consistency in using shipping marks Packing, invoice, insurance policy（保險單）, certificate, bills of lading（提貨單）, etc.lISO standard shipping marks:Simple and clearProper position, durable colorNo advertising allowedlConsignee收件人收件人 or Consigners CodeAbbrevia

12、tions: TEC, ITClReference Number Number of sales contract, L/C, etc.lPort of Destination lPackage NumberThe total number of the whole lot of consignment and individual package number e.g. NO.28/800lIndicative Marks refer to the requirements and matters which need serious attention for the process of

13、 transporting, loading, unloading and storing goods. lTypical Marks: 外語教學(xué)與研究出版社外語教學(xué)與研究出版社 外語教學(xué)與研究出版社外語教學(xué)與研究出版社 lPayment Terms lHow to Protect Yourself Against Payment Risk lAmount of paymentlTime of paymentlConditions of paymentlMethods of paymentlRemittance匯款匯款 mail transfer (M/T) telegraphic trans

14、fer (T/T), remittance by bankers demand draft（即期匯票）, D/DlCollection Documents against payment (D/P)付款交單Documents against acceptance (D/A)承兌交單lLetter of credit (L/C) 信用證信用證Beneficiary收款人 Remitting Bank匯出行 Paying Bank付款行Remitter匯款人123Workflow of M/T ,T/T1 application and payment 2. telegraph or mail t

15、he order3. payment 143Workflow of D/D1. Application and payment（申請及付款）2. Draw the Bankers Demand Draft3. Send the Draft4. Demand for payment of draft2Remitter Remitting Bank Paying BankBeneficiary3Documentary collection is a method of effecting payment for goods whereby the seller ships goods to the

16、 buyer, but instructs his bank to collect a certain sum from the buyer in exchange for the transfer of relevant documents.Drawee/importerRemitting bank Collecting bank123Workflow：D/P(1) shipment (2) present documents(3) send documents and Instructions(4) advise the importer7456(5) make payment or ac

17、ceptance and get documents(6) send funds(7) pay the exporterPrincipal/exporter lPrincipal is the one who draws the bill of exchange and authorizes his bank to effect the collection.lRemitting bank is the bank authorized by the drawer of the draft to effect collection from the buyer. Usually at the s

18、ellers place.lCollecting bank is the bank authorized by the remitting bank to collect the payment from the drawee. Usually in buyers country.lDrawee is usually the buyer of the goods who should make payment of the goods in time.lDocumentary lCollection lDocuments against lpayment at sightl(D/P at si

19、ght)lDocuments against lpayment lafter sight/datel(D/P after sight/date)lDocument against lAcceptance (D/A)lThe seller hands the shipping documents with a draft to the remitting bank, which will present them to the buyer.lThe buyer upon sight makes the payment and get the documents.lThe collecting b

20、ank get the payment and notifies the remitting bank to pay the seller.lThe shipping documents to be delivered against payment only.lThe buyer will pay the draft amount on the specified time.XX days after sightXX days after date of B/LXX days after date of the draftlThe documents will be released unt

21、il the payment is made.lThe seller has to wait for a period of time to get the payment.lUnder D/A, the buyer can get the documents from the collecting bank after he has duly accepted the draft.lIn some countries, D/P after sight/date is regarded as D/A.lThe issuing bank has primary liability for pay

22、ment. 開證銀行負第一付款責任。lL/C is a self-sufficient instrument. 信用證是一項自足文件。lDocumentary credit is a pure documentary transaction. 信用證方式是純單據(jù)業(yè)務(wù)lAA AAApplicantAdvising bankBeneficiaryIssuing bank1. The buyer and seller conclude a sales contract specifying documentary credit as the method of payment.2. The buye

23、r instructs his bank, the issuing bank to issue a credit in favor of the seller.3. The issuing bank opens the credit and sends it to the advising bank.4. The advising bank informs the seller that the credit has been issued. As soon as the seller receives the credit and is satisfied with the terms an

24、d conditions, he is in a position to load the goods and dispatch them.5. the seller then send the documents evidencing the shipment to the negotiating bank and the bank will negotiate according to the terms of the credit.6. The bank sends the documents to the issuing bank.7. The bank effects payment

25、 in accordance with the credit if the documents meet the requirements.8. The issuing bank releases the documents to the buyer upon payment of the amount due, or upon other agreed terms between the buyer and the issuing bank.lAvoid open-account with new partner and a letter of credit is suggested.lSu

26、fficient background checks. lIf the seller seems more focused on payment than any other issue, or indicates that cash payment must be made urgently, more caution should be given to the transaction. lTo develop a long-term relationship with our customers based on mutual trust.lShipping documents comp

27、ared to domestic onesthe name of the exporting carrier the latest allowed arrival date at the port of export. instructions for the inland carrier to notify the international freight forwarder on arrival.運輸方式運輸方式國際聯(lián)運國際聯(lián)運航空運輸航空運輸多式聯(lián)運多式聯(lián)運多式聯(lián)運經(jīng)營人多式聯(lián)運經(jīng)營人民航公司或民航公司或外運外運鐵路始發(fā)站鐵路始發(fā)站簽發(fā)人簽發(fā)人海運提單（海運提單（B/L）船長或船公司船

28、長或船公司或其代理或其代理外運公司外運公司郵局郵局郵政運輸郵政運輸港、澳港、澳海洋運輸海洋運輸送銀行辦理議付的運輸憑證送銀行辦理議付的運輸憑證貨物收據(jù)（貨物收據(jù)（Cargo Receipt） 郵包收據(jù)（郵包收據(jù)（Parcel Post Receipt）鐵路運單副本鐵路運單副本 航空運單（航空運單（MAWB或或HAWB）多式聯(lián)運單據(jù)（多式聯(lián)運單據(jù)（MTD）或）或 集裝箱聯(lián)運提單（集裝箱聯(lián)運提單（CTB/L）鐵鐵路路TransportationmodeAirInternationalMTMTOAirlines orFreight forwarderDepartingRailway stationi

29、ssuerOcean B/LShipping companySino-transPost officeParcel postHK, MacaoMarine Shipping document for bank negotiationCargo ReceiptParcel Post ReceiptCopy of railway bill MAWB or HAWBMTDRailwayInternational combinedlA through bill of lading under a multimode contract lConsult with a freight forwarder

30、when determining the method of international shipping, lConsidering the cost of shipment, delivery schedule, and accessibility to the shipped product lA free-trade zone or a free port lWho is responsible for delivering the goods lPlace of shipment and destinationlThe date and time of deliverylWho is

31、 responsible if the goods are lost or damaged during delivery, or if the goods are delayed? lPartial shipment and transshipmentlExport shipments are usually insured against loss, damage, and delay in transit by cargo insurance. lFor air shipment, air waybill serves as insurance certificate; for sea

32、shipment, insurance certificate is issued as evidence of the existence of the marine insurance policy. lThe marine insurance policy is a contract between the insured and the insurer, and its principal purpose is to define the terms of the agreement between the insured and the insurer. lWho buys insu

33、rance a buyer should strive to sign a contract in FOB and CFR terms and a seller should strive to sign a contract in CIF terms. lWhat kind of insurance lThe amount to be insured 基本險別基本險別Basic Risks附加險別附加險別Additional Risks一切險（一切險（AR）平安險（平安險（FPA） 水漬險（水漬險（WPA/WA）一般附加險一般附加險General additional risks特殊附加險特

34、殊附加險Special additional riskslTheft, Pilferage, and Non-Delivery (T.P.N.D) (偷竊，提貨不著)lFresh water and/or rain damage （淡水雨淋險）lShortage （短量險）lIntermixture and contamination （混雜、玷污險）lLeakage （滲漏險）lClash and breakage （碰損、破碎險）lTaint of odor （串味險）lHook damage （鉤損險）lBreakage of packing （包裝破裂險）lRust （銹損險）lHea

35、ting and sweating （受潮、受熱險）lBreach of a contract arises where any party does not abide by the stipulations of the contract. lClaim（索賠） refers to that in international trade, one party breaks the contract and causes losses or damages to the other party directly or indirectly, the injured party may ask

36、 for compensation for the losses or damages.lMake clear what the claim islDo not let anger show and avoid sarcasmlGive the facts calmly, specifically and thoroughlylRequest action: a replacement, repair, refund or compensationl協(xié)商 Consultation (two parties)l調(diào)解 Mediation (a third party as mediator )l仲

37、裁 Arbitration l訴訟 LitigationlArbitration is a means of settling a dispute between two parties through the medium of a third party whose decision on the dispute is final and binding. lThe place of arbitrationlOrganization of arbitrationlApplicable rules of arbitrationlThe binding force of arbitration

38、lReduce the buyers power with differentiation lTake a strategic viewfrom both sides lManage Power with a SWOT (strengths, weaknesses, opportunities and threats) analysis. lEvaluate the priorities lTrade; dont make unilateral concessions lDiscussion lSimulated Negotiation lOn Arbitration 1.Do you thi

39、nk it necessary to add arbitration clause to the contract? 2.What are the specific elements that need to be negotiated in this clause?3.What are the other resorts to solve disputes? What are the advantages of arbitration over the other solutions?lJoint venture Advantages To expand resources, export

40、experience and market knowledge while spreading the risk and laying a distribution framework. Tax advantages or waivers offered by foreign countries for joint ventures.lNegotiation problemsJoint venture contract has much more potential for causing difficulties and disputes Joint venture involves mor

41、e resources commitment and higher mutual dependence. lTotal investment and registered capital lLabor management lLand use lForeign exchange controls lTerm and Termination lRegistered capital lTotal investment lRatio of capital distribution: the foreign party holds no less than 25% of the registered

42、capital of the joint venture with no maximum. lThe capital contributions may take a variety of forms. lThe composition of the board of directors is to be determined by discussion between the parties. lThe distribution of seats is to be fixed by reference to the ratio of capital contribution. lProvisions regarding employment terms, dismissal and resignation, wages