51--国际贸易与实务第6章案例 Case study.ppt

Case 1 One Chinese company A made an offer to a Japanese company, saying: Our company can sell you 50 sets of H-type machine at USD 3500 per set CIF Tokyo. Shipment is to be made within two months after the contract is concluded. Payment is to be made by L/C at sight. Please reply as soon as possible, Company B replied to the offer at the time when it received the offer: Your offer has been accepted by our company．But the delivery should be made within one month after the contract is entered into. Company A didn’t reply the counter-offer. QUESTION Can the contract between Company A and Company B come into force? Why? Analysis No, the contract between Company A and Company B cannot be established．If there is a substantive change to the offer, that is. a denial of the primary offer, counter-offer is made, that is to say. a new offer is made．Company A did not make a further counter-offer, and then the contract cannot be established． 中国《合同法》第30条对实质性变更的规定：“有关合同标的、数量、质量、价格或者报酬、履行期限、履行地点和方式、违约责任和解决争议方法等的变更，是对要约内容的实质性变更。”除此之外的变更为非实质性变更。 Case 2 Company A from Britain offered Company B from Germany, in which Company A sold a batch of goods to Company B. Company B replied to Company A the next morning (May 6th) when he received the offer. When replying, Company B agreed to accept all the terms in the offer. But Company A found that after he sent out his offer, the price of the goods that he was going to sell was in the raise. So he telephoned Company B on the afternoon of May 7th, hoping to cancel the offer. On the morning of May 8th Company A received Company B’s reply． QUESTION According to the CISG, is there any business relation between Company A and Company B? Analysis There exits business relation between Company A and Company B． According to the CISG，this offer is an offer that has been received by the offeree．If the cancel notification reaches the offeror before the offeree sends out his acceptance，the offer can be canceled．In this case, the time when the cancel not