商务交际与谈判作业答案.docx

1、商务交际与谈判作业答案商务交际与谈判作业答案平时作业：Chapter One. Please answer the following questions briefly.1. What are the major features of international business negotiation?1) In international negotiations the parties must deal with the laws, policies and political authorities of more than one nation. These laws and

2、policies may be inconsistent, or even directly opposed.2) A second factor unique to international business is the presence of different currencies.3) A third element common to international business negotiations is the participation of governmental authorities4) International ventures are vulnerable

3、 to sudden and drastic changes in their circumstances.5) International business negotiators also encounter very different ideologies.6) Cultural differences are an important factor in international negotiations.2. What problems different currencies might give rise to in the international trade?1) Ex

4、change rate varies over time, which may result in unexpected losses or gains. 2) Each government generally seeks to control the flow of domestic and foreign currencies across their national boundaries. 3. Please list some possible sudden and drastic risks that international ventures are vulnerable t

5、o in their circumstances, and then give some suggestions to combat these risks. Risks: War or revolution, changes in government, currency devaluation, Means to combat these risks: -employing political risk analysts, -by foreign investment insurance, -and by Force Majeure clauses.4. Please list the 3

6、 steps involved in practical negotiations.1) -Preparation for negotiation;2) -Process of negotiation;3) -Signing a business contract5. How to make preparations for international negotiation?1) set the target for negotiation;2）establish business relations3) get as much information as possible;4) make

7、 a feasible negotiation plan 6. What items does a complete contract usually include?title 契约名称 preamble 约首 names and statutory addresses objectives and principles text 正文 specifies the concrete rights and obligations of the parties concerned concluding clause 结尾 effectiveness, expiration, signature7

8、. What are the basic principles of negotiation? -equality principle -sincere cooperation -keep it flexible and fluid . Translate the following English sentences into Chinese.1.Thepartiesheretoshall,firstofall,settleanydisputearisingfromorinconnectionwiththe contractbyfriendlynegotiations. Shouldsuch

9、negotiationsfail,suchdisputemaybereferredtothePeoplesCourthaving jurisdictiononsuchdisputeforsettlement双方首先应通过友好协商，解决因合同而发生的或与合同有关的争议。如果协商未果，可将争议提交有管辖权的人民法院解决。2. The board meeting shall be convened and presided over by the Chairman. Should the chairman be absent, the vice-Chairman shall, in principl

10、e, convened and preside over the board meeting.董事会会议应由董事长召集、主持；如董事长缺席，原则上应由副董事长召集、主持。3. On the FOB basis, the Buyer shall book shipping space in accordance with the date of shipment specified in the contract.按照FOB条件，由买方负责根据合同规定的装运日期洽定舱位。4. Whereas Party B has the right and agrees to grant Party A th

11、e right to use, manufacture and sell the Contract Products of Patented Technology;鉴于乙方有权并同意将专利技术的合同产品的使用权、制造权和销售权授予甲方；5. Whereas Party A desires to use the Patented Technology of Party B to manufacture and sell the Contract Products;鉴于甲方希望利用乙方的专利技术制造并销售合同的产品；6. ThisSharePurchaseAgreementismadeonthe3

12、rddayofMay,1991byandbetween&： （1）ENTERPRISESHOJAECSA,acompanyorganizedandexisting&underthelawsofFranceandhavingitsregisteredoffice&at89rueAlbertThomas,75010Parisand （2）MarkGilbertHanderson,anindividualwithnationalityoftheUnitedStatesofAmerica（PassportNo.12345678）,residingat2199PalmStreet,PleasantHil

13、l,California94509,USA. 本股份收购契约订立于公元一九九一年五月三日，双方当事人为： （1）依法国法律组织设立的ENTERPRISESHOJAECSA公司，注册所在地为48rueAlbertThomas,75010Paris （2）美国籍的MarkGilbertHanderson（护照号码12345678），居住于2199PalmStreet,PleasantHill,California94509,USA.7. At the request of Party B, Party A agrees to send technicians to assist Party B t

14、o install the equipment. 应乙方要求，甲方同意派遣技术人员帮助乙方安装设备。 8. The personnel shall not to partake in any political activities in Iraq. 所有人员不得参加伊拉克国内的任何政治活动。 9. The Employer shall render correct technical guidance to the personnel. 雇主应该对有关人员给予正确技术指导。 10. Party A shall repatriate the patient to China and bear

15、the cost of his passage to Guangzhou. 甲方应将病人遣返中国并负责其返回广州的旅费。 11. This Contract shall be governed by and construed in accordance with the laws of China. 本合同受中国法律管辖，并按中国法律解释。 12. The Employer may object to and require the Contractor to replace forthwith any of its authorized representatives who is inc

16、ompetent. 雇主认为承包人委派的授权代表不合格时，可以反对并要求立即撤换。 13. The Chairperson may convene an interim meeting based on a proposal made by one-third of the total number of directors. 董事长可以根据董事会过1/3董事的提议而召集临时董事会议。 14. In case one party desires to sell or assign all or part of its investment subscribed, the other party

17、 shall have the preemptive right. 如一方想出售或转让其投资之全部或部分，另一方有优先购买权。 15. In processing transactions, the manufacturers shall never have title either to the materials or the finished products. 加工贸易中，厂方无论是对原料还是成品都无所有权。 16. The term Effective date means the date on which this Agreement is duly executed by t

18、he parties hereto. “生效期”指双方合同签字的日子。Chapter Two and Three Price negotiation . Please answer the following questions briefly.1. Please give some suggestions that are helpful in price negotiation.a. Be aware that the negotiation starts when you say hello.b. Dont lead with your wallet and leave yourself

19、 room to negotiate some more.c.Think like the buyer. d. Be brutally honest with yourself as to what your added value is really worth. (value-added analysis sheet)e. Finally, and most important, be patient.2. What do inquiries usually involve? The supply of commodities The price The catalogue The pac

20、king The delivery date Terms of payment Other terms concerned3. What is a firm offer? And what does it usually include?A firm offer is a promise to sell goods at a stated price, usually within a stated period of time. It must be clear, definite, complete and final.It usually includes:the name, price

21、, quality and quantity of the goods;the date of delivery and/or the time of shipmentthe terms of paymentthe validity of the offerother things concerned, such as packing, discount, insurance, etc.4. What are the differences between quotations and firm offers?1) Quotation can be withdrawn by the selle

22、r without previous notice.2) A firm offer, although not a contractual obligation, cannot be withdrawn by the seller within its validity. It is the buyers option to accept or reject or counter-offer during the validity period. 3) If the buyer accepts an offer, then it is a contractual obligation. So

23、no reputable seller would risk his reputation by withdrawing his offer before the stated or agreed time. 5. What points should a letter of rejection cover?1) Thank the seller for his offer.2) Express regret at inability to accept.3) Make a counter-offer if it is appropriate. 4) Suggest other opportu

24、nities to do business together. 6. What is a good order?An order should be accurate and clear. It should: include all details of description, quantities and prices and quote article numbers, if any; state mode of packing, port of destination and time of shipment; confirm the terms of payment as agre

25、ed upon in preliminary negotiations.7. What is a good first order expected to convey? express pleasure at receiving the order; add a favorable comment on the goods ordered; include an assurance of prompt and careful attention; draw attention to other products likely to be of interest; hope for furth

26、er orders.8. What are price terms? Price terms , also called trade terms or delivery terms, are an important component of a unit price in international trade, representing specific obligations of the buyer and the seller. Price terms are those English abbreviated letters used to represent relevant f

27、ormalities, expenses, risks and obligations between sellers and buyers during the period of delivery of goods. 9. Please briefly explain the price term EXW. EXW - Ex Works 工厂交货（指定地点） EXW means that the seller delivers when he places the goods at the disposal of the buyer at the sellers premises or a

28、nother named place (i.e. works, factory, warehouse, etc.) not cleared for export and not loaded on any collecting vehicle. - Title and risk pass to buyer including payment of all transportation and insurance cost from the sellers door. Used for any mode of transportation. 10. Please briefly explain

29、the price term FCA. FCA - Free Carrier 货交承运人 - Free Carrier means that the seller delivers the goods, cleared for export, to the carrier nominated by the buyer at the named place. The seller is obligated to load the goods on the Buyers collecting vehicle if the delivery occurs at the sellers premise

30、. Used for any mode of transportation. 11. Please briefly explain the price term FAS. FAS - Free Alongside Ship 船边交货 -Title and risk pass to buyer including payment of all transportation and insurance cost once delivered alongside ship by the seller. The export clearance obligation rests with the se

31、ller. Used for sea or inland waterway transportation. 12. Please briefly explain the price term FOB. FOB - Free On Board 船上交货 FOB means that the seller delivers when the goods pass the ships rail at the named port of shipment. The FOB term requires the seller to clear the goods for export. Used for sea or inland waterway transportation.13. Please briefly explain the price term CFR. CFR - Cost and Freight 成本加运费 CFR means that the seller delivers when the goods pass the ships rail at the named