These characteristics have many forms of expression, and the commonly used forms are as follows:
1). Sample refers to a small amount of physical objects originally designed, processed or extracted from a batch of goods, which can represent the quality of the traded goods. Either the buyer or the seller can submit samples. As long as both parties confirm, the seller should supply the goods consistent with the sample, and the buyer should also receive the goods consistent with the sample. In order to avoid disputes, the general samples shall be made in triplicate, one for the buyer and the seller respectively, and the other shall be kept by the commodity inspection authorities or other notarization institutions stipulated in the contract, so as to check the quality in case of disputes between the buyer and the seller. In the practice of buying and selling goods, generally, when confirming samples, the quality indicators of one or several aspects of the goods should be stipulated as the basis.
2) specification representation. Commodity specifications are technical indicators that reflect the quality of commodities, such as composition, content, purity, size, length and thickness. Due to the different quality characteristics of various commodities, the specifications are also different. If the two parties to the transaction use specifications to represent the quality of goods and use this as a negotiation condition, it is called "buying and selling by specifications". Generally speaking, buying and selling according to specifications is more accurate, and this method is mostly used in ordinary commodity trading activities.
3) Hierarchical representation. Commodity grade is a classification of the quality differences of similar commodities and one of the methods to express the quality of commodities. This representation is based on the specification representation. Because different manufacturers have different specifications, the quality connotation of the same grade expressed by numbers, characters and symbols is not the same. The negotiation of commodity quality between buyers and sellers can be expressed through the established commodity grade.
4) Standard representation. Commodity quality standards refer to the specifications or grades uniformly formulated and published by government agencies or relevant organizations. Different standards reflect the different characteristics and differences of commodity quality. In commodity trade, there are universal international standards recognized by all countries, that is, "international standards"; China has "national standards" formulated by the State Bureau of Technical Supervision and "ministerial standards" formulated by relevant state departments. In addition, there are "agreement standards" negotiated by the supply and demand sides. Clarify the quality standards of commodities to express the requirements and recognition of commodity quality put forward by both supply and demand sides.
5) Brand name or trademark representation. Brand name is the name of the commodity, and trademark is the mark of the commodity. Some products are well-known among users because of their high quality and stability, high popularity and reputation, and are familiar and praised by the majority of users. In the negotiation, as long as the brand name or trademark is stated, both parties can clarify the quality of the goods. However, when negotiating, we should pay attention to whether the goods with the same brand name or trademark come from different manufacturers, whether these goods are damaged or deteriorated for some reason, and pay more attention to the goods with counterfeit trademarks.
In actual transactions, the above methods of expressing the quality of goods can be used in combination. For example, some transactions use both brand names and specifications; Some transactions use both specifications and reference samples. In addition, we should also pay attention to:
First, when a variety of methods are used to express the quality of goods, ambiguity and ambiguity should be avoided, and sometimes the terms should indicate which method is the benchmark and which method is the supplement.
Second, when the quality of traded goods is easy to cause changes, we should try our best to collect the reasons for the changes in order to prevent them before they happen. As for the quality tolerance, that is, the quality of the goods delivered by the supplier can be higher or lower than the scope of the quality clause, and the quality tolerance recognized by the same industry can be adopted, or the limit value can be agreed upon through consultation, that is, the upper and lower tolerance range.
Third, commodity quality standards will change with the development of science and technology. When negotiating, we should pay attention to the latest provisions of commodity quality standards, and the terms should be clear about what kind, country (region), time and version the quality standards of traded commodities are based on, so as to avoid misunderstandings and disputes in the future.
Fourth, other main indicators of commodity quality, such as the negotiation terms of commodity life, reliability, safety and economy, should be made clear to facilitate the identification of testing operations.
Fifth, the negotiation of commodity quality terms should be closely related to commodity price terms and restrict each other. The quantity of commodity transactions is the main content of business negotiations. The quantity of goods sold is not only related to whether the seller's sales plan and the buyer's purchase plan can be completed, but also related to the price of goods. The more goods you buy after paying in the same currency, the cheaper the goods are, so the number of commodity transactions directly affects the economic interests of both parties.
To determine the number of commodities bought and sold, we must first make clear the units of measurement adopted according to the nature of commodities. The unit of measurement of commodities refers to tons, kilograms, pounds, etc. ; There are pieces, pairs, sets, types, etc. Representing a numerical unit. The units of area are square meters and square feet; The units of volume are cubic meters and cubic feet. In international trade, because different countries adopt different systems of measurement, the same unit of measurement represents different numbers. Therefore, it is necessary to master the conversion relationship between various weights and measures, clearly stipulate which weights and measures to use in negotiations, and avoid misunderstandings and disputes.
In trade practice, it is the weight of goods that is easy to cause controversy. Because the weight of goods will not only change due to the influence of nature, but also many goods have their own packaging and weight problems. If the two sides do not have a clear weight calculation method in the negotiation, there will be disputes over the weight when delivering.
There are two commonly used weight calculation methods: one is based on gross weight; The second is calculated by net weight. Gross weight is the total weight of goods and packaging, and net weight is the weight of goods themselves. Since the net weight does not include the weight of the package, it must be the gross weight minus the weight of the package according to the net weight.
The weight of a package is generally called tare, and there are four main methods to calculate tare:
1) calculated according to the actual tare weight. This is to measure the actual weight of all packages, not to estimate or only to calculate the weight of some packages.
2) Calculated by average tare weight. This is the average calculation of the package weight of uniform specifications.
3) Calculated by customary tare weight. This is a package of recognized specifications, calculated according to the determined unit weight. For example, determine the weight of the machine-made bag for packaging grain and the flour bag for packaging flour.
4) Calculate according to the agreed tare weight. This is the calculation based on the package weight determined by both parties in the negotiation.
In commercial activities, most of the traded goods measured by weight are priced by net weight. Therefore, in business negotiations, how to calculate the weight of the goods and how to deduct the tare weight must be clearly negotiated to avoid disputes during delivery. In commodity trading, except bulk commodities and bare goods, most commodities need to be packaged. Packaging has the functions of promoting sales, protecting goods, facilitating storage and transportation and facilitating consumption. In recent years, with the increasingly fierce market competition in China, manufacturers have changed the traditional packaging mode of "first-class products, third-class packaging" in order to improve their competitiveness and expand their sales. In the market, the packaging of goods not only changes rapidly, but also the design level is getting higher and higher. From this point of view, packaging is also an important part of commodity trading. As a business negotiator, in order to satisfy both parties, we must be proficient in packaging materials, packaging forms, decoration design, shipping marks and other issues.
In order to reasonably choose commodity packaging and avoid disputes caused by packaging problems, all trading parties should pay attention to:
First of all, according to the characteristics of the traded goods, the types, materials, specifications, costs, technologies and methods of packaging are determined. Commodity management packaging includes domestic sales, export and special commodity packaging; Commodity circulation packaging includes transportation packaging (outer packaging) and sales packaging (inner packaging); According to the quantity of goods in the package, there are single package and collective package; According to the scope of use of packaging, there are special packaging and general packaging; According to the packaging materials, there are paper, plastic, metal, wood, glass, ceramics, fiber, composite materials, other materials packaging and so on. These different packages are also different in volume, volume, size and weight, which all affect commodity trade.
Second, according to the different and special requirements of the other party or users on the packaging type, materials, specifications and decoration of similar goods and the changing trend in different periods, consultation and identification are carried out. In commodity transactions, the seller's collection of payment from the buyer is based on the delivery of the goods, so the mode of transportation, transportation costs and delivery place are still important contents of business negotiations.
1) mode of transportation. The mode of commodity transportation refers to the methods and forms used to transport commodities to their destinations. According to the mode of transportation, the modes of transportation include road transportation, water transportation, railway transportation, air transportation and pipeline transportation. According to the mode of operation, it can be divided into self-transportation, consignment and combined transportation.
At present, domestic trade mainly adopts railway transportation, road transportation, water transportation, self-transportation and consignment. Foreign trade mainly adopts shipping, shipping, consignment and leasing. In business activities, the key to how to make goods reach their destination quickly and economically is to choose a reasonable mode of transportation. To choose a reasonable mode of transportation, we should consider the following factors: first, according to the characteristics of goods, the size of freight volume, natural conditions, loading and unloading locations and other specific circumstances; Second, according to the characteristics of various modes of transportation, the choice is made through comprehensive analysis.
2) Transportation cost. The calculation standards of transportation costs include: according to the weight of goods, according to the volume of goods, according to the quantity of goods, according to the price of goods, etc. In addition, other surcharges will be charged for special reasons during transportation. During the negotiation, both parties should comprehensively consider the weight, volume, number of pieces and preciousness of the goods, make reasonable plans, change the packaging of the goods under possible conditions, reduce the volume, stack them scientifically, choose reasonable calculation standards, demonstrate and determine the rationality of the change of extra expenses, clarify the delivery conditions of both parties, and draw a clear line between the scope and boundaries of their respective expenses.
3) Time and place of shipment and time and place of delivery. These not only directly affect whether the buyer can receive the goods on time, meet the demand or put them on the market, and recover the funds, but also cause price fluctuations and possible economic benefits differences due to changes in delivery time and space. During the negotiation, comprehensive analysis should be made according to the transportation conditions, market demand, transportation distance, transportation tools, docks, stations, ports, airports and other facilities, as well as the natural attributes and climatic conditions of the goods, so as to make clear the delivery place and specific delivery date. Insurance refers to a method that the insurance fund consists of the insurance premium paid by the insured to compensate the economic losses caused by accidents or natural disasters, or to provide material security for the deceased or disabled individuals. The insurance we refer to here mainly refers to cargo insurance. The main contents of cargo insurance include: the insurance liability of both parties to the trade, and specifying the undertaker who handles the insurance formalities and pays the insurance expenses.
China's commodity trade does not expressly stipulate who should bear the insurance liability, and only through consultation, the two sides can solve it through consultation. However, in international trade, after the price clause in the commodity price clause is determined, the insurance responsibilities of both parties are clarified. For example, FOB price and CIF price in foreign trade, after the goods are shipped and delivered, the seller does not bear the insurance, and the responsibility is borne by the buyer. Cif price means that the insurance liability during the transportation of the goods after shipment is still borne by the seller. In foreign trade business, try to use CIF when exporting, and try to get insurance in China, and the insurance premium will be collected in China. For similar commodities, the common practices of countries in terms of insurance risks, insurance methods, insurance amount, etc., or the special requirements and provisions on commodity insurance must be made clear by both parties to the negotiations. The relevant provisions of major insurance companies in the world in terms of insurance procedures and methods, scope of protection, types of insurance documents, insurance rates, payment methods of insurance premiums, period and scope of insurance liability, insurance compensation principles and procedures are considered and screened, and finally determined. Attention should be paid to the differences in insurance business terms and different interpretations of terms and concepts to avoid disputes. Commodity price is the most important content in business negotiation, and its level directly affects the economic interests of both sides of trade. Whether the commodity price is reasonable or not is an important condition to determine the success or failure of business negotiations.
Commodity prices are determined according to different pricing bases, pricing objectives, pricing methods and pricing strategies. The composition of commodity prices is generally influenced by many factors, such as commodity cost, commodity quality, transaction volume, supply and demand, competitive conditions, mode of transportation, price policy and so on. Only by deeply understanding the market situation, grasping the facts and paying attention to the changes of the above factors can the negotiations succeed.
Price is the monetary expression of value. If you are familiar with cost accounting, you can grasp the price level and determine the other party's profit, so as to bargain in a targeted manner.
Pricing by quality is a common method in price negotiation. Negotiators should shop around and determine a reasonable price according to the quality of the goods.
The quantity of goods is a bargaining chip. At present, most buyers and sellers have batch pricing. Generally speaking, if the quantity of goods is large, the price will be low. If the quantity is small, the price will be high.
Commodity prices are also affected by market supply and demand. When the supply of goods exceeds demand, the price falls; On the contrary, commodity prices will rise. In the negotiation, we should analyze the current and future demand of the market for goods. In addition, negotiators should also consider the market life cycle, market positioning, market purchasing power and other factors, judge the changing trend of market supply and demand and the possible price changes after signing the contract, so as to determine the transaction price of the goods and determine the treatment methods of price changes. Generally speaking, delivery within the delivery date stipulated in the contract, no matter how the price changes, is still carried out according to the contract pricing (in national prices, it is carried out according to the regulations after adjustment). If the delivery is overdue and the market price rises at the time of delivery, the contract price shall prevail; If the market price falls, it shall be implemented according to the market price at the time of falling. In short, the losses caused by price changes should be borne by the wrong party to urge the contract to be fulfilled on schedule.
The business strategy of competitors will also directly affect the price of commodity trading. In market competition, sometimes in order to obtain supply, commodity prices will be higher; Sometimes in order to seize the market and increase market share, the price will be lower. Negotiators must pay close attention to market competition when negotiating prices.
Policies, decrees and pricing principles of different countries in different periods will also affect the price negotiation between the two sides. When negotiating, buyers and sellers should abide by the national price policies and decrees, and determine the price form, price fluctuation range and profit rate according to the policies and decrees.
In international business negotiations, the two sides should also clearly agree on which currency and monetary unit to use. Generally speaking, we should strive to adopt "hard currency" in export trade and "soft currency" or a currency that will not appreciate during the settlement period in import trade. In short, we should pay attention to the safety of using currency and the stability and convertibility of currency value.
In addition, in international business negotiations, negotiators should try their best to understand the different explanations or provisions of countries and international organizations on price-related issues, and make it clear in the contract that they should choose the price terms that are beneficial to them (price terms, also known as price terms, are the terms formed and recognized by trade habits of various countries in international trade, representing different price compositions, representing the responsibilities, expenses and risks that buyers and sellers should bear respectively, and dividing the transfer line of currency ownership. Common FOB, also known as FOB port of shipment; FOB freight price, also known as cost and freight price; CIF, also called cost plus insurance plus freight. There are also FOB prices at the port of delivery and destination, dock prices at the port of delivery and destination, factory prices, border prices, etc. In commodity trade, the settlement and payment of payment for goods is an important issue, which is directly related to the interests of both parties and affects their survival and development. In business negotiations, we should pay attention to the way, time limit and place of payment.
Domestic trade payment and settlement methods are divided into cash settlement and transfer settlement. Cash settlement, that is, first-hand delivery, first-hand payment and direct cash payment. Transfer settlement is a non-cash settlement in which a bank transfers money to two accounts. There are two payment methods for non-cash settlement: one is to pay the goods in advance, including collection in different places, entrusted collection in different places and collection in the same city; The other is to pay the payment in advance, including remittance, limit settlement, letter of credit, check settlement and so on. According to state regulations, commodity transactions between various units must be settled by bank transfer, in addition to complying with cash management measures. The purpose of this regulation is to save cash, facilitate currency circulation, strengthen economic accounting, accelerate commodity circulation and accelerate capital turnover.
Transfer settlement can be divided into off-site settlement and city settlement. The former mainly includes collection and acceptance, letter of credit and remittance. , while the latter mainly includes checks, payment orders, limit settlement, etc. In commodity trading, buyers and sellers often have disputes over each other's rights and obligations, resulting in claims and arbitration. In order to handle the dispute smoothly, the buyer and the seller should fully discuss the claims raised by the dispute and the arbitration method to solve the dispute in advance, and make clear provisions. In addition, provisions should also be made on force majeure and its impact on contract performance.
1) claim. Claim is a claim made to the other party when one party thinks that the other party has failed to fulfill all or part of the responsibilities stipulated in the contract. In addition to the breach of contract by the buyer and the seller, there is also the ambiguity of the terms of the contract. One party's understanding of some terms of the contract is inconsistent with that of the other party, and the other party thinks that the other party has breached the contract. Generally speaking, buyers and sellers should discuss the basis, duration and amount of the claim when negotiating the claim.
The basis of claim refers to the evidence that must be possessed to file a claim and the testing institution that presents the evidence. The false breach clauses provided by the claimant must be consistent with the quality and inspection clauses, and the issuing authority must comply with the contract provisions, otherwise it will be rejected by the other party.
The claim period refers to the effective period for the claimant to file a claim. The length of the claim period should be reasonably agreed according to the characteristics of the traded goods.
The amount claimed includes liquidated damages and compensation. As long as the breach is confirmed, the breaching party will compensate the other party, and the breach is punitive. Compensation is compensatory. If the liquidated damages are insufficient to make up for the losses caused to the other party due to breach of contract, compensation shall be made.
2) arbitration. Arbitration refers to the act that both parties reach an agreement through consultation, and in case of any dispute during the performance of this contract, if negotiation or mediation fails, they voluntarily submit the dispute to a third party (arbitration institution) agreed by both parties for arbitration. The contents to be discussed in the arbitration negotiation include the arbitration place, arbitration institution, arbitration procedure rules and the effectiveness of the award.
3) Force majeure. Force majeure is also called force majeure. Usually, it means that after the contract is signed, all or part of the contract can't be fulfilled as scheduled because of unexpected events that the parties can't foresee and take preventive measures in advance, such as natural reasons such as earthquake, flood and drought or social reasons such as war, government blockade, embargo and strike. In this case, the party suffering from the accident can be exempted from the responsibility of performing the contract or delaying the performance of the contract, and the other party has no right to ask it to perform the contract or claim compensation. The contents of the force majeure negotiation mainly include the scope of the force majeure accident, the consequences of the accident and the remedial methods and procedures after the accident, the institution issuing the certificate and the time limit for notifying the other party.