Firm Offer and Non-firm Offer

作者：佚名  来源：本站整理  发布时间：2009-3-16 17:53:15

An offer may either be a firm offer or a non-firm offer.
A firm offer is a kind of offer which is made to a specific person or persons to express or imply(明示或暗示) a definite intention 明确意图of the offeror to make a contract under a clear, complete and final trade terms（明确、完整和最终的交易条件下）. Once it is unconditionally accepted by the offeree within its validity, this firm offer cannot be revoked or amended and is binding on（对――－具有约束力） both offeror and offeree. Then the transaction is completed and a contract is concluded right away. A firm offer lapses(失效) when it exceeds the term of validity. The lapsed offer is no longer binding on the offeror. At this moment, even if the offeree expresses his acceptance, the offeror is entitled to refuse it.
Contrary to a firm offer, a non-firm offer is an offer without engagement（诺言、承诺）. It is unclear, incomplete and with reservation. It has no binding force upon the offeror. The trade terms are not indicated clearly and definitely. The content is not so completed as that of a firm offer. It has no term of validity. Moreover, the offeror makes the offer with reservation: the offer is subject to（受制于――） his final confirmation. So a non-firm offer often bears（带有、具有） such wording（措辞） “this offer is subject to our final confirmation”, or “the prices are subject to change without notice”.
Firm offer can encourage offerees to make decision and thus close business(达成交易).Non-firm offer is more flexible to the offeror as he can make decision of closing business according to the market situation. However, offerees often regard it as ordinary business dealings and pay little attention to it, which does no good to the conclusion of business.
[1] An example of firm offer letter is shown as follows:
Dear Sirs,
Re（reason事由）:Groundnuts & Wal nutmeat（核桃仁）
We confirm your cable of 18th inst [（用于商业书信中）本月的 (of this present month)]. Asking us to make you firm offers for both groundnuts and Walnutmeat CFR Amsterdam. We cabled back this morning, offering you 360 metric tons Shandong groundnuts, hand-packed(人工摘取的), shelled and ungraded at RMB 1800 per metric ton, CFR Amsterdam or any other European Main port for shipment during July/August, 1998. This offer is firm, subject to （――有效）your reply reaching us within one week. We wish to point out that this is the best price we can quote and that we are unable to entertain(接受) any counteroffers.
As regards walnutmeat, we would inform you that the few parcels we have at present are under elsewhere（已向别处报盘）. However, if you should make an acceptable bid, there is a possibility of your obtaining these.
Yours faithfully,
[2]An example of non-firm offer letter
Dear sirs,
We thank you for your letter of July 10,1998 and have pleasure in offering you the following:
Commodity: embroidered（绣花的） satin（绸缎） mini（迷你） skirts.
Quantity:10 000 dozens.

Price: $50 per dozen CFR New York.
Packing:in see-through plastic bags.
Shipment: in August 1998.
Payment:by irrevocable L/C,payable by draft at sight.
This offer is subject to our confirmation. If you find it acceptable, let us have your reply as soon as possible.
Yours faithfully,