An offer is a preliminary stage of concluding a contract
Offer agreement: examples and sample, offeror and acceptor, public offer
An offer is a definition
Offer-This the preliminary stage of concluding any agreement, this is a clearly stated intention to conclude concessions. Offer- this is a very specific intention, addressed to a specific person or group of persons, containing a clear willingness to conclude agreement and stipulating the necessary conditions for its signing.
Offer -This official pre-conclusion offer this conclusion, the offer preliminarily describes all the conditions for concluding the contract.
Offer-This offer(written or oral) from one person to another specific person or persons to conclude a civil contract.
Offer -This a written statement from the seller, sent to a potential buyer, about the sale of a political batch of the product with a list of certain seller conditions.
Offer is
What is an offer?
Offer is an offer to make a transaction or enter into an agreement. The most famous example The offer consists of sending letters to the home addresses of potential clients with an offer to activate a credit card of a bank. This is an offer. It meets all the requirements of Article 435 of the Civil Code of the Russian Federation. That is, the letter is addressed to one or more specific persons, clearly indicates the purpose, expresses the intention to enter into an agreement with the addressee, and contains almost all the essential terms of the proposed agreement.
Offer is
The addressee who receives it may react to such a letter in different ways. One person will be happy to sign an agreement with bank, and the other one will grin and throw it in the trash. Both will be absolutely right, since the offer entails liability only for jar who sent this letter. has no right to refuse to provide credit card to a person even if the addressee provides a passport and a written offer, but does not confirm his income. But the offer does not entail an obligation for the bank to conclude an agreement if it managed to send another letter notifying the withdrawal of the offer. If the additional letter was received by the addressee earlier or simultaneously with the offer itself, then the person has the right to refuse to provide his services to the person.
Offer is
The form of the offer can be very different: letter, telegram, fax, etc. A draft of such an agreement developed by the party proposing to conclude an agreement can also serve as an offer. At its core, an offer is not just an offer, but an offer that is distinguished by a number of individualizing features and which entails legal consequences established by law both for the one from whom it comes (the offeror) and for the addressee (the acceptor). Since the consequences in question are very significant for both the offeror and the acceptor, very strict requirements are imposed on the offer. If they are not observed, no legal consequences arise from it.
Types of offer
In international practice, there are two types of offers: firm and free.
Firm offer is a document that provides a written proposal for sale certain political party product, sent seller to one possible buyer, indicating the period during which he is bound by his offer.
The duration of the offer depends on the demand in the market of the proposed product: the larger the number, the shorter the validity period of the offer.
Offer is
If he agrees with all the terms of the offer, he sends the seller a written response to the offer or counter-offer indicating his conditions and deadline for an answer. If the seller agrees with all the terms of the counter-offer, he accepts it and notifies it in writing buyer. If he disagrees, he either considers himself free from his obligations under the offer, which is notified in writing, or sends him a new offer, taking into account the proposed buyer conditions or on new conditions different from those proposed by the buyer. Failure to receive a response from the buyer within the time specified in the offer deadline, is tantamount to his refusal to conclude a contract on the proposed terms and releases the seller from the offer he made.
Offer is
Only after the buyer’s refusal can the product be offered to another, but on the same conditions on which the first firm offer was issued. The buyer’s agreement with the conditions set out in such an offer is confirmed by a firm counter-offer. After confirmation (acceptance) of the counter-offer by the seller, the transaction is considered concluded.
Free offer- this is a document that can be issued for the same political party product to several possible buyers. He does not bind the seller with his offer and does not set a deadline for a response.
It is advisable to limit the number of free offers issued, otherwise market You may get the impression that there is a lot of product on offer and they want to sell it quickly. Essentially, this is an offer to enter into negotiations. The buyer’s agreement with the terms of the offer is confirmed by a firm counter-offer, which sets out its terms. Controferta- a response to a proposal to conclude an agreement containing additional or different conditions compared to those specified in the proposal. If the seller accepts the counter-offer and notifies the buyer in writing, the transaction is considered concluded and the parties are obliged to fulfill all the conditions set out in the counter-offer. While the contract is not concluded, the offer can be withdrawn by the seller, unless the offer indicates that it is unrequited until he has sent confirmation of acceptance. If confirmation of acceptance is sent late, it may remain valid if this suits the seller and he notifies the buyer in writing.
Distinctive features of the offer
Contents of the offer define the following elements of the proposed concession (Article 432 of the Civil code Russia):1) the subject of the transaction;2) the conditions that are named in law or other legal acts as essential or necessary for contracts of this type; 3) conditions regarding which an agreement must be reached by one of the parties. However, not any proposal to conclude an agreement is recognized as an offer. Signs of an offer:1) addressed to one or more specific persons (except for a public offer); 2) definitely; 3) expresses the intention of the party proposing the transaction to conclude an agreement.
Offer is
According to Russian law, an offer must: be sufficiently specific; express the person’s intention to consider himself as having entered into an agreement with the addressee; contain all the essential terms of the agreement. Features of the offer: the offer must contain the essential terms of the concession; the offer binds the person who sent it from the moment it is received by the addressee. If the notice of withdrawal of an offer was received earlier or simultaneously with the offer itself, the offer is considered not to have been received. An offer received by the addressee cannot be withdrawn within the period established for its acceptance, unless otherwise specified in the offer itself or follows from the essence of the offer or the situation, in which it was made.
Deadlines for response to offer
The deadline for receipt of acceptance by the party sending the offer is important; it can be made with or without indicating a deadline for a response. If the offer specifies a deadline for acceptance, the contract is considered concluded if acceptance received by the person who sent the offer within the period specified in it. It should be borne in mind that it is the date of receipt of acceptance by the offeror that is taken into account.
Offer is
In cases where a timely sent notice of acceptance is received late, acceptance is not considered late. However, the party that sent the offer has the right not to accept such an acceptance, immediately notifying the other party about the receipt of the late acceptance. If the party that sent the offer immediately notifies the other party about the acceptance of its late acceptance, the contract is considered concluded. If the offer made without specifying a deadline for a response, its legal effect depends on the form in which it is made. When an offer is made orally without specifying a time limit for acceptance, the contract is considered concluded if the other party immediately declares its acceptance. If such acceptance is not followed, then the offeror is in no way bound by the offer he made.
Offer is
When an offer is made in writing without specifying a deadline for acceptance, the contract is considered concluded if acceptance is received by the person who sent the offer before the end of the deadline established by law or other legal acts, and if such a period is not established, during the time normally necessary for this (Article 441 of the Civil Code). Normally, what is considered necessary is the time sufficient to complete this type of correspondence in both directions, familiarize yourself with the content of the proposal made and draw up a response to it. If the response arrives within this period of time, the contract is considered concluded. In the event of a dispute, this period will be determined by the court based on the specific circumstances of the case. If acceptance is received late, then the fate of the transaction depends on the offeror, who may ignore the late response and agree to enter into an agreement or refuse to enter into an agreement due to a delay in response to his proposal.
If the offeror, having received a late acceptance, immediately informs the other party of his acceptance of his late acceptance, the contract is considered concluded. Article 442 of the Civil Code also provides for the case when the response to the agreement to conclude an agreement (acceptance) arrived late, but it is clear from it that it was sent on time. In such a situation, only the offeror knows about the late arrival of the acceptance. The acceptor, believing that the response was received by the offeror in a timely manner and the contract is concluded, can proceed to its execution and incur the corresponding expenses. In order to prevent these costs, the offeror who does not want to recognize the contract as concluded is obliged to immediately notify the other party of the receipt of late acceptance. In case of failure to fulfill this obligation, the response is not considered late, and the parties are considered bound by the contract.
Signs of a public offer
A special type of offer is public offer. A public offer is understood as a proposal containing all the essential conditions of the concession, from which the will of the person making the offer is seen to conclude an agreement on the conditions specified in the proposal with anyone who responds (clause 2 of Article 437 of the Civil Code). In this case, the proposal to conclude an agreement is addressed not to an indefinite number of persons, but to anyone and everyone. Therefore, the first person to respond to a public offer accepts it and thereby withdraws the offer. Thus, the legal consequences of recognizing an offer as a public offer are that the person who has taken the necessary actions in order to accept the offer (for example, sending an application for the relevant goods) has the right to demand from the person who made such an offer the fulfillment of contractual obligations.
Offer is
Public offer differs in that it is addressed to an indefinite circle of people. It specifies the basic terms of the deal and clearly expresses the intention to conclude it with everyone who responds. For example, if an Internet provider makes a mass mailing offering its services, and all the basic conditions are indicated in it (tariff plans, speed, Discounts, etc.), then this is a public offer. He is obliged to enter into a contractual relationship and provide Internet services to all those who respond, unless otherwise provided by the offer itself. A public offer can easily be confused with advertising. However, advertising and similar offers do not constitute an offer. Advertising, as a rule, does not contain sufficiently specific conditions for concluding a contract; its purpose is to present its goods and services in a favorable light compared to competitors.
Offer is
The offer expresses the will of only one party, and, as is known, the contract is concluded by the will of both parties. Therefore, the response of the person who received the offer regarding their consent to enter into an agreement is of decisive importance in the formalization of contractual relations. A public offer is considered advertising product or service in the media, i.e. appeal to an indefinite circle of people. Thus, a public offer is: advertising and other offers addressed to an indefinite number of persons are considered as an invitation to make offers, unless otherwise expressly stated in the offer; A proposal containing all the essential terms of the agreement, from which the will of the person making the offer is discernible, to conclude an agreement on the terms specified in the proposal with anyone who responds, is recognized as an offer (public offer).
Offeror and acceptor, acceptance of offer
The person making the offer is called offeror, the person who accepted the agreement - acceptor.In the case when the acceptor accepts the invitation, a written notice is sent to the offeror and the offer is considered accepted, the agreement takes on bilateral force and implies the fulfillment of obligations. Any offer contains a certain validity period during which the acceptor has the right to accept the agreement, thereby binding himself to the offeror bilateral obligations.
Acceptance- this is a response to the offer. Acceptance is the response of the person to whom the offer is addressed regarding its acceptance. Acceptance must be complete and unconditional. Silence is not acceptance unless otherwise follows from the law, business custom or from previous business relations sides The performance by the person who received the offer, within the period established for its acceptance, of actions to fulfill the terms of the agreement specified in it (shipment of goods, provision of services, performance of work, payment of the appropriate amount, etc.) is considered acceptance, unless otherwise provided by law, other legal acts or not specified in the offer.
It is also worth noting that: If the notice of withdrawal of acceptance was received by the person who sent the offer before or simultaneously with the acceptance, the acceptance is considered not received. When the offer specifies a period for acceptance, the contract is considered concluded if the acceptance is received by the person who sent the offer, within the period specified therein. When a written offer does not specify a period for acceptance, the contract is considered concluded if acceptance is received by the person who sent the offer before the end of the period, established by law or other legal acts, and if such a period is not established - within the time normally required for this. When an offer is made orally without specifying a time limit for acceptance, the contract is considered concluded if the other party immediately declares its acceptance.
In cases where timely notice of acceptance is received late, the acceptance is not considered late unless the party sending the offer immediately notifies the other party of the late receipt of acceptance. If the party that sent the offer immediately notifies the other party about the acceptance of its acceptance received late, the contract is considered concluded. A response about consent to conclude a contract on conditions other than those proposed in the offer is not acceptance; such a response is recognized as a refusal of acceptance, and in that case same time with a new offer. If the contract does not indicate the place of its conclusion, the contract is recognized as concluded at the place of residence agreement danina or location of the legal entity. the person who sent the offer.
In accordance with paragraph 1 of Article 438 of the Civil Code, acceptance is the response of the person to whom the offer was addressed regarding its acceptance. Such acceptance must be complete and unconditional. Acceptance expresses the will of the person to the same extent as the proposal. The requirements for acceptance arise from its characteristics as a reflex expression of will. The standard situation is that acceptance acquires legal force, if it is full i.e. expresses approval of everything stated in the offer and unconditional, i.e. does not contain any additional conditions. If the response is given on conditions other than those proposed in the offer, it does not constitute acceptance. This is only a counter offer (Article 443 of the Civil Code). However, the actions of the acceptor can be considered as a counter-offer only if they have the specified characteristics of an offer.
Since this kind of counter-offer is sent to the original offeror, it is necessary to preserve all the essential terms of the concession in such a counter-offer. Consequently, a response to an offer in which at least one of the essential conditions is excluded from it cannot be considered as a counter offer. Such a response constitutes a refusal to conclude the transaction proposed by the offeror and an invitation to conclude another agreement. Acceptance on other terms is usually formalized in a protocol of disagreements, which is sent to the other party. The contract is considered concluded only after all disagreements between the parties have been resolved. The rules of the law governing the offer are fully applied to the protocol of disagreements sent to the counterparty. Lack of response to an offer (silence of the addressee of the offer) is not acceptance, unless otherwise follows from the law, business custom or from previous business relations of the parties.
Silence is subject to a special regulation. By its very nature it can only be an acceptance. At the same time, there is a single civil law the presumption that silence is not a legal fact at all. This presumption is included in the general rule on the meaning of silence. This refers to Art. 158 of the Civil Code on the form of transactions. This article, like Art. 438 of the Civil Code, provides for those exceptional cases when silence acquires a law-forming (law-altering or law-terminating) meaning. From clause 3 of Art. 158 of the Civil Code it follows that silence can be recognized as an expression of the will to complete a transaction only in cases where this is provided for by law or agreement of the parties, while according to paragraph 2 of Art. 438 Civil Code, silence becomes valid if agreement renalized either by law, or by business custom, or follows from the previous business relations of the parties. In this case, clause 2 of Art. 438 of the Civil Code means that in these three cases we are talking only about acceptance. This removes the question of the possibility of using silence as an offer.
In their legal structure, acceptance and offer coincide in certain parts. In this regard, some of the provisions that apply to an offer also apply to acceptance. This means that the acceptor may revoke the acceptance made before the offeror receives notice of the acceptor’s refusal to enter into an agreement or simultaneously with such notice. In this case, the acceptance is considered not received. Accordingly, refusal of acceptance is not considered made even when the moments when the offeror receives the acceptance itself and the notice of its refusal coincide. After the offeror receives acceptance, the contract is considered concluded. Revocation of acceptance after receipt by the offeror is actually a unilateral refusal to fulfill contractual obligations, which is unacceptable in accordance with from Art. 310 GK. A special case is acceptance on other terms.
However, if the person who received the offer within the period established for its acceptance took any actual actions to fulfill the conditions of the concession specified in it (shipment of goods, provision of services, performance works, payment of the appropriate amount, etc.), the offer is considered accepted unless otherwise provided by law, other legal acts or indicated in the offer itself. The response of the person to whom the offer is addressed (acceptor) regarding its acceptance is called acceptance of the offer. Acceptance must be complete and unconditional, as well as definite. It must clearly indicate the party’s intention to conclude an agreement on the terms proposed to it. In practice, acceptance of an offer consists of words or corresponding actions (shipment of goods, provision of services, performance works, payment of the appropriate amount, etc.), made in the manner prescribed or specified by the offeror.
When concluding a transaction, the acceptor's intention to accept the offer must be expressed in such a way that there is no doubt either about the fact of acceptance or about the coincidence of the terms of acceptance with the terms of the offer. That is, for a contractual obligation to arise, it is necessary that the offer not only be accepted, but also that the acceptance be communicated obligations who has received an offer and agrees to enter into an agreement on terms different from those set out in the offer must report any disagreements. In particular, if she was sent a draft agreement, she returns it with a statement of disagreements. The protocol of disagreements drawn up by the addressee of the proposal is in fact a counter-offer (counteroffer), which must be unconditionally accepted in order to conclude an agreement. If the party that sent the offer does not indicate its agreement with the change in the terms proposed by it, the contract is considered not concluded
Sample offer agreement
The contract published below is simple example of writing a concession offer.
Offer is
Requirements for the offer
The first requirement is sufficient certainty of the offer. This presupposes that from it the addressee is able to draw a correct conclusion about the will of the offeror. Any uncertainty regarding various elements of the future transaction - the indication of the parties, their rights and obligations, as well as the subject of the agreement raises the possibility different understanding contents of the offer. This may result in the offer losing its purpose. The second requirement relates to the intent of the offer: it must express the intention of the person making the offer to consider himself to have entered into an agreement on the terms specified in the agreement with the addressee if the latter accepts the offer. This requirement means that the offer must be drawn up in such a way that the recipient of the agreement can conclude: to conclude an agreement, it is sufficient to express the will of the addressee himself, which coincides with the offer.
The third requirement relates to the content of the offer: Art. 435 of the Civil Code suggests that the offer must cover all such conditions that are clearly defined as essential in Art. 432 of the Civil Code or follow from it. The set of conditions specified in the offer is the maximum. Therefore, once the offeree accepts the offer, the offeror will not be able to change the set of conditions contained in the offer. Ultimately, the meaning of this most important requirement for an offer is that it must be so specific that it is possible to reach an agreement on the entire agreement by accepting it. The fourth requirement is related to the targeting of the offer. In other words, it should be clear from it to whom exactly it is addressed.
In the absence of any of the above characteristics, an offer can only be considered as a call for an offer (an invitation to make an offer). An offer becomes binding for the person who sent it from the moment such an offer is received by the addressee. general rule the offer received by the addressee is irrevocable, that is, it cannot be withdrawn during the period stopped for its acceptance, unless otherwise provided for by the offer itself or follows from the essence of the offer or the situation in which it was made (Article 462 of the Civil Code). However, if the notice of withdrawal of the offer was received earlier or simultaneously with the offer itself, then the offer is considered not received (clause 2 of Article 435 of the Civil Code.
Offer guarantee
offers — guarantee issued by the bank at the request of the trading participant (principal) in favor of the party that announced bargaining(beneficiary), by virtue of which the guarantor undertakes to pay the beneficiary the amount agreed upon in guarantees a sum of money in the event of the principal’s refusal to fulfill the terms of the tender he won. Providing a tender guarantee in favor of the organizers bidding is often one of the conditions for consideration of a bidder's proposal. The tender usually ensures that the participant fulfills the following obligation: the proposal will not be changed or withdrawn before the deadline determined by the terms of the tender; In case of winning the tender, the participant will sign an agreement obligations contract and the guarantee of its performance and other guarantees, if any, are provided.
The use of guarantees may be recommended for: organizations participating in auctions (competitions) for work or supply; organizations working on a contract basis (possibly with the condition of deferred payment or deferment supplies goods (works, services)). The offer guarantee is presented together with the offer and ensures payment of the guaranteed amount: if the offer is withdrawn before the expiration date; if the order, after receiving it at the auction, is not accepted by the person submitting the offer; if this guarantee, after receiving the order at the auction, is not replaced by a performance guarantee. Typically, the amount of the offer guarantee is 1-5% of the offer amount. The guarantee period is until the concession is signed.
PAMM account offer for traders
PAMM account offer is an agreement between an investor and a trader, which defines the terms of cooperation of both parties. In most cases, the offer agreement includes such parameters as the minimum investment amount, manager’s remuneration, and withdrawal of funds. In addition, the offer may determine the protected time during which investor does not see transaction details manager in the report. The offer may also stipulate for early withdrawal of funds investor. The minimum investment amount is the amount required by the investor to conclude a transaction. In addition, the offer may provide for a minimum allowable amount for withdrawal of funds. For his work, the trader receives from the profit - the higher the level, the less manager
Offer is
Manager's offer, offer agreement The offer agreement fully regulates the terms of the cooperation rate. Determining the terms of an offer may be an exclusive right trader or investor. In the first case, the agreement will be called the manager's offer, and in the second - the investor's offer. After drawing up the agreement, you must find a manager who is satisfied with the terms of the manager’s offer. PAMM account offers can be public or non-public. An offer that is available for viewing by investors and allows you to create new accounts, as well as top up existing ones, is a public offer. Unlike a public offer, a non-public offer does not provide the opportunity to create new accounts. It is important to know that one PAMM account can have many non-public offers and only one public one.
Offer is
In most cases, the offer agreement is multi-level. When creating a multi-level offer, the following rules must be observed: the amount of investment of each subsequent level must be greater than the previous one; percent remuneration at the next level cannot be greater than at the previous level; the protected period can be less than or equal to the value of the previous level; the transition to the next level should be made automatically - as soon as the balance corresponds to this level. We can say that the offer agreement is an authorized document the parties who enter into it, in order to regulate and regulate the relationship between the parties, and in particular, the manager and the investor in the field of trust management of the foreign exchange market.
Offer is
Bond offers
A very interesting strategy for working on bonds market is the use of offers for bond cash issues. In world practice, there are two main types of offers, which can conventionally be called “issuer’s offer” (repurchase of bonds occurs on the initiative of issuer bonds) and “investor’s offer” (the investor initiates the redemption of securities). In our country, “offers issuer» are practically not used: as a rule, the redemption of bonds occurs at the initiative of the bond holder. In this case, the offer for the investor is the opportunity to demand that the issuer repurchase bonds at a predetermined price within a predetermined period.
Offer is
It is worth paying attention to the fact that the investor has a real choice: he can either take advantage of the offer or leave the bonds in his investment portfolio. In addition, he can present for redemption all the bonds he owns or only part of the securities. Key parameters of the offer (offer date, price redemption of bonds, list and deadlines for submitting documents, etc.) are determined in the process money issue and cannot be changed in the future. The bond owner can find information about the terms of the offer in the issue documents - the decision on release bonds or prospectus (electronic versions of these documents are available on the website of the bond issuer or on specialized resources, in particular, www.cbonds.ru or www.rusbonds.ru).
Offer is
With independent exchange trading, the offer procedure, in contrast to the payment of coupons and the redemption of nominal cost bonds, implies that the investor must take certain actions. First, the investor pre-blocks securities and receives an extract from the depositary confirming this transaction. Secondly, he fills out a request for redemption of bonds (sometimes notarization of this document is required) and sends it by mail along with an extract from the depositary to the issuer or his authorized representative. Thirdly, on the date offer, the investor (through his broker) submits an application for sale bonds at the offer price. With trust management, all necessary actions in order to present bonds for offer on behalf of the investor can be performed by the trustee.
Offer is
In any case, the cost of presenting bonds for an offer will be from 500 to 2000 rubles and will take about 2-4 days, so the use of this strategy is justified if there is sufficient large amounts investment (from 1 million rubles or more). The use of offers for bond issues of securities gives investors the opportunity to “enter” and use new investment opportunities opening up in the stock and bond markets. If an investor prefers to work primarily in the bond market, then inclusion in the composition of the bond portfolio for which an offer is provided allows for a quick response to changes in the level of interest rates on money market. The point is that between the level interest rates and bond prices there is an inverse relationship (when interest rates rise, bond prices fall, and vice versa).
Offer is
When forming investment portfolio a private investor cannot accurately predict the future interest rates s rates, however, he has a real opportunity to quickly revise the structure of his investment portfolio taking into account market realities. Let’s assume that an investor purchased a bond exactly in 2 years, and it provides for an offer in 1 year (at a price equal to 100% of the face value paper). At the time of purchase of the bond, the offer was 12% per annum. If in a year (by the time of the offer) interest rates rise (and bond prices, accordingly, decrease), then the investor can submit the bonds for offer and use the freed-up funds to buy debt instruments with a higher yield .If interest rates remain at the same level or if they fall (in the first case, bond prices will remain unchanged, and in the second they will increase), the investor will not take advantage of the offer and will own the bond until maturity.
Offer is
An investor who follows a moderate strategy and distributes his funds between stocks and bonds can act in a similar way, but in this case the decision to implement the offer will be made by him depending on the market situation of the shares. When decreasing stock market the investor will present the securities for the offer and gradually increase the share of shares in the portfolio, and when positive dynamics stock exchange the share of bonds in the portfolio will increase (in this case, the investor most likely will not present bonds for an offer). An investment strategy that involves the active use of bond offers certainly has its pros and cons. The main advantage of this strategy is the low the level of risk that an investor accepts, especially if he prefers to deal with intermediate-term bonds, and high level predictability of investment results.
The second significant “plus” is the ability to quickly respond to changes in market conditions, including by including bonds with different Offer Periods in the portfolio. Another advantage of this strategy is low trading activity and, accordingly, low time costs required to implement this strategy. A private investor can form a bond portfolio in such a way as to be able to present bonds for the Offer with a certain frequency (for example, once a quarter). Among the disadvantages of the strategy, one should note its relative labor intensity (regardless of the number of bonds presented for the Offer, the Investor’s procedure remains practically unchanged) and the need to timely provide documents to the Issuer or paying agent and submit an application for the Sale of Bonds (thus, if the Investor violates the Deadlines for Submitting Documents, he has the right not to execute the offer).
Sources for the article "Offer"
accounting-edu.ru - basics of accounting
ucheba.ru - educational portal №1
ru.wikipedia.org - free encyclopedia Wikipedia
youtube.com - YouTube video hosting
images.yandex.ua - Yandex pictures
google.com.ua - Google images
dictionary-economics.ru - economic dictionary
dic.academic.ru - dictionaries and encyclopedias on Academician
setadra.ru - site for people
financial-lawyer.ru - information agency Financial lawyer
advokat-avtomonov.ru - website of the Bar Association
pammforex.org - all about pamm investments
gaap.ru - theory and practice of management accounting
Investor Encyclopedia. 2013 .
Synonyms:- - (from the Latin offero offer) a written or oral offer from one person (the offeror) made to another person (the acceptor), containing a message about the desire to conclude an agreement with him. If the offer is accepted (accepted), the acceptor must notify ... Economic dictionary
OFFER- [lat. offertus proposed] econ. a formal offer to a certain person to conclude a transaction, indicating all the conditions necessary for its conclusion. Dictionary foreign words. Komlev N.G., 2006. offer (Latin olfertus proposed) formal... ... Dictionary of foreign words of the Russian language
Offer- - an offer to one or more persons to enter into an agreement on predetermined conditions. In Russia, the offer is regulated by Art. 435 449 Civil Code. According to the current legislation, “an offer is considered to be addressed to one or... Banking Encyclopedia
Offer- (offer) an offer addressed to one or more specific persons, which quite clearly expresses the intention of the person who made the offer to consider himself to have entered into an agreement with the addressee if he accepts it. The offer must ... ... Economic-mathematical dictionary
Offer- a tender proposal sent by the bidder, containing an agreement to participate in the tender on the terms set out in the tender documentation, and registered by the tender committee.
Beginning businessmen, and especially those who are professional activities face foreign trade activities, you are probably familiar with the term “offer”. But due to lack of information, they may misunderstand its meaning.
Let's turn to the exact definitions of the concept, and also find out the details and nuances of this type of agreement from the point of view of the legislation of the Russian Federation and international law. The article will describe the main features of the offer and indicate those points that are worth further studying using regulations.
So, reference books For budding businessmen, the UN Vienna Convention of 1980 and the Civil Code should be the starting point.
Differences in the legislation of the countries of the two counterparties do not allow the use of domestic rules for drawing up contracts. Therefore, countries that have signed the Vienna Convention use its articles as the legal basis for contractual relations in foreign trade activities.
Since the USSR was among the signatories, the Russian Federation, as the legal successor of the Union, can also use this legal act to regulate contractual relations with foreign counterparties.
What is an offer
The concept of an offer includes an offer that the seller makes to a person or a limited circle of possible counterparties regarding the conclusion of a transaction or the signing of a cooperation agreement.
What conditions should the offer contain?
The main feature of the offer is the signs of the contract contained in it. So, by accepting the offer, the recipient agrees to cooperate with the seller precisely on the terms of this offer.
The main features of the agreement are specificity and certainty of intentions set out in the paragraphs:
- Subject of the agreement
- Product cost,
- Due date,
- Rights of the Parties
- Fines, etc.
It is important to immediately determine which regulations will govern the relations of the parties to the contract.
After all, the Vienna Conventions have a number of nuances that can be interpreted differently in the Civil Code of the Russian Federation.
The issue of determining legal relations also concerns the recognition of the moment of conclusion of the contract:
- According to the laws of the Russian Federation– this is the moment of receiving acceptance from the counterparty;
- According to Anglo-American law– after sending confirmation of acceptance to the acceptors.
It is a generally accepted principle, unless otherwise stated in the offer, that silence is not a sign of acceptance.
Types of offers
In international law, there is a classification of offers by type.
- Public. An agreement that is distributed among a certain circle of people, or among an unlimited number of them, for example - a public offer for the provision of television and Internet services or an offer for lending.
Anyone who has access to a public offer, for example, on a lending website, can, after reading the offer, accept the agreement online and receive credit funds to their account.
If to accept an offer it is necessary to perform some action - for example, submit an application, then the person who performed this action has the right to demand that the person who sent the offer fulfill the obligations specified in it. - Free. In world practice, there is the concept of a free offer, and this is considered a document that is issued to several buyers for consideration.
The validity period of such an offer does not have clear time limits and does not bind the offeror with obligations. The number of such documents is designed for a certain circle of people.
A free offer invites you to respond for further negotiations. - Hard. The letter of offer contains all the significant clauses of the contract and is sent to a specific buyer, usually only one. It indicates the timing of the sale, as well as the time for the buyer to accept the agreement.
If the buyer does not respond within the specified time frame or refuses to conclude the contract, then the goods can be offered to a new client under the same conditions. - Irrevocable. Provides that the offeror cannot cancel an offer made unless by sending notice of cancellation along with the offer.
An example of an BO (irrevocable offer) is an offer from companies that issue shares or other securities to their shareholders.
In the Russian Federation, offers are regulated by the Civil Code, and in global law – by the UN Vienna Conventions.
Offer or commercial proposal
The concepts of offer and commercial proposal are often confused, but, in fact, not all commercial proposals are offers. Only if the commercial document indicates that it is an offer, then the recipient who accepts it automatically becomes a party to the contract.
An additional difference between a commercial proposal (commercial proposal) and an offer may be its free form of presentation, the absence of significant signs of a contract, etc.
The prices in the commercial proposal may also become irrelevant at the time of concluding the contract, therefore, in order not to be obliged to supply goods even at a loss, the commercial proposal must indicate that “this proposal is not an offer.”
The Civil Code of the Russian Federation quite aptly points out the main distinctive feature of the offer (Article 435) “... the intention of the person... to consider himself to have entered into an agreement with the addressee.” That is, if you are ready to fulfill every point of your proposal, you can safely call it an offer and wait for acceptance.
Offer agreement
The process of concluding an offer agreement has a standard mechanism. One party proposes, in the form of an offer, to conclude an agreement, and the other accepts the offer as is, sends a counter-offer with its own conditions for signing the agreement, or rejects it.
The inability of the parties to be present at the place where the contract was signed immediately led to the need to use acceptance as a method of concluding a transaction.
This overcomes the time period between the submission of an offer and the response from the buyer.
The word comes from the Latin “offero”, which translates as “I offer” - so the second option would be correct. This is an offer made to a person or several persons regarding a transaction concluded on certain contractual terms. In order for the offer agreement to be considered concluded, the addressee must receive acceptance (consent) to these actions. So, we have learned that it is correct to say “offer”, now let’s find out all the details about it.
What is an offer?
In Articles 435 - 449 of the Civil Code of the Russian Federation, which are specifically devoted to issues related to the offer, there is a direct indication that the contract will be considered concluded only if the condition is met that a specific offer made by one person must be accepted by another. One of important conditions An offer is considered to contain mandatory contractual terms that are essential.
As for the format of the offer, it can be different: written, oral, or in the form of a fax, telegram, or draft agreement.
The offer is especially popular in business circles.
What kind of offer is there?
There are several types of offers. The most common in legal practice:
- public;
- non-public;
- hard;
- free.
In addition to the listed options, there are also irrevocable offers and bonds with an offer, which ordinary citizens encounter much less frequently.
Public is addressed to an indefinite number of persons. In this case, the offer contains the essential terms of the contract (Article 437 of the Civil Code of the Russian Federation), which anyone can agree to. For example, an example of a public offer can be offers received from online stores. On their official websites you can find all the necessary information about the product (service) they offer: type, price, terms of purchase, etc. A person, having responded to the offer and taking the actions provided for in the public offer agreement, can make demands on the offeror in order to fulfill the terms of the agreement . It is also used by banking institutions.
A non-public offer can be offered to one person (or a limited number of persons). In particular, in this case, an invoice (invoices) may be issued for payment for services, work, goods, indicating all the necessary details.
If we talk about a firm offer, then it can be offered only to one buyer and only for a certain period, during which the offeror is bound by obligations with the potential buyer. And from the moment the latter accepts the conditions stipulated by the offer (after his acceptance follows), the transaction will be considered completed.
If the proposal (offer) is intended simultaneously for a certain number of buyers, and its purpose is largely to monitor the market, then it is called free.
The offer and the consequences it entails
By sending an offer, the person by whom this was made automatically imposes on himself the obligatory fulfillment of all the conditions stated in the offer in relation to the person who accepted it. This condition is enshrined in clause 2 of Art. 435 of the Civil Code of the Russian Federation. Otherwise, the offeror will face adequate legal consequences.
In almost everyone's work commercial enterprise purchase and sale agreements are used. Of course, in order to conclude a certain agreement with the buyer, one should offer him mutually beneficial cooperation. In particular, an offer serves this purpose, the correct drafting of which plays a significant role in the positive decision of the counterparty to enter into an agreement.
Offer to conclude a contract, important details
The offer can be made either orally or in writing. There is also a public type of document, when samples of goods are exhibited at places of sale. Before you start drawing up a document, you need to carefully think through all the details and sketch them out in the form preliminary agreement, on which the offer will be drawn up.
The offer can be expressed in the form:
- an expanded draft agreement that contains all the details of possible cooperation;
- letters expressing a direct proposal to conduct activities on the stated conditions. It can be sent both at the initiative of the offeror, i.e. the person making the offer, and the opposite party;
- messages that indicate only the most necessary terms of the transaction.
If we are talking about an offer letter (), the offer is usually drawn up on a special enterprise letterhead.
The order is as follows:
- document header. In the upper right corner information about the addressee, his position or the name of the organization is indicated. For example: the head of Vostorg LLC, Alexey Ivanovich Ivanov. Below on the left you need to put the date and the outgoing document number. If the offer is a response to someone else's offer to conduct joint activities, the details of the incoming letter are indicated.
- This is followed by the title and body text, which expresses a commercial proposal to conclude an agreement according to certain conditions. This important information, the content of which may affect further cooperation. Here the name of the product, GOST number, and cost are usually indicated. In addition, the terms of delivery, removal of goods using vehicle one of the parties. Of no small importance is the designation of the conditions and method of payment. This may be the possibility of making an advance payment using non-cash/cash payments or deferring payment for a longer period.
- The last point is that the addressee can make a request to send a response proposal before a specific date.
The head of the enterprise signs the proposal.
An offer letter is sent using the post office services or by fax.
Draft offer agreement, how to draw it up
The conclusion of the offer agreement is carried out in accordance with the procedure established at the legislative level. This procedure is provided if the participants are not able to meet in one place to sign a contractual agreement.
The offer involves the implementation of the following actions:
- one party to the process puts forward a proposal regarding certain conditions;
- the second party has the right to express its consent or reject the offer, having previously sent its recommendations on the conditions put forward.
By its nature, drawing up an offer agreement () is reminiscent of drawing up a regular document of agreement between the parties on a contractual basis.
Its distinctive features are:
- concreteness;
- mandatory reference to the current legislation regarding the interaction of the parties;
- mandatory information about the subject, price of the contract and the procedure for payment, transfer of goods and acceptance of ownership.
When listing a document, you can use the following possible titles:
- Purchase and sale agreement;
- Offer;
- Public offer;
- Terms/rules of sale;
- other.
According to the Civil Code, a contract should be interpreted based on its content, not its name. Therefore, you can name the document at your own discretion. The main thing is that the content meets the relevant regulations and goals.
When drawing up an agreement, it is recommended not to skip the clause on terms and definitions in order to avoid double interpretation of certain points. Especially if we are talking about a specific product or complex systematic work with the buyer. Here such concepts as “Product/Order”, “Buyer/Seller”, “Person who carries out delivery”, “Rules of sale” are traditionally indicated.
In the section on the subject of the agreement, it is necessary to indicate directly what agreement both parties have reached. For example, the Seller transfers the goods, and the Buyer accepts and pays for them in accordance with the terms of the current Agreement. The “Acceptance of the offer” clause may correctly look like this: Acceptance of this agreement can be considered the Buyer’s placing an order for the Goods, in accordance with the terms of this offer.
It is considered incorrect when it is indicated that the order is formed on the basis of information received by telephone, email or fax.
Return rules, as a rule, can be written in different ways. The buyer has the right to refuse products before/during/after delivery of the goods for a certain amount of time. The return method is also indicated here (): by postal or bank transfer. If the return to a specific collection point is made in cash, prerequisite is the presence of a passport, as well as a corresponding application filled out according to the sample.
According to the law, the rule for returning goods also applies to remote forms of cooperation. Therefore, it would be wrong to indicate here that the product cannot be exchanged or returned.
Delivery of goods
An important point is delivery of goods. It can be formulated as follows: Delivery of the Goods to the Buyer is carried out according to the terms that are verbally agreed upon by the parties when confirming the Order by the Seller or his employee and the conditions that are set out in the Sales Rules. Or another option. The conditions for delivery of the Goods, namely its time and cost, can be established by the Seller and outlined to the Buyer using the Site. A similar spelling occurs when it comes to an online store.
You can also indicate that the client confirms that there are no complaints about the configuration, quantity and appearance products when he puts his signature next to those items of the product that he purchased for himself.
As already mentioned above, the clause on the procedure for payment for goods indicates its method of implementation: using bank card or transfer, cash during a personal meeting with the buyer, electronic money system. The document also stipulates the rights and obligations of the parties, their responsibilities, and the procedure for resolving controversial issues, force majeure circumstances, other provisions, the signatures of the parties are affixed.