Business Transactions II: Orders & Contracts Flashcards
Firm offer
=festes Angebot
If a seller makes a firm offer, he undertakes to supply the goods or services in question at the price and terms stated.
In AT you can only revoke a firm offer only if the buyer/ offeree agrees to it.
Offer without engagement
=unverbindliches Angebot
Also reffered as an offer subject to confirmation; it is not binding on the party submitting it.
“Prices are subject to change without notice”
“ … until our stock runs out”
Order (for goods)
=Warenbestellung
Request by a customer to a business firm to supply specific goods.
Trial order
Order for a small quantity for testing purposes.
Standing order
Arrangement between a buyer and a seller under which the latter undertakes to deliver certain goods in specific quantities, at predetermined intervals, until further notice.
Confirmation
= Bestätigung
Common practice to confirm an offer made orally in order to reassure the offeree and provide him with some evidence in writing.
NOT acknowledgement!
“We acknowledge reciept of your order and confirm it as follows”
Counter-offer
= Gegenangebot
Statement by an offeree to the effect that he refuses to accept the offer submitted to him, but that he is willing to enter into a contract on his own terms.
Contract of sale
=Kaufvertrag
A contractual agreement by which a seller (VENDOR) transfers, or agrees to transfer, property in goods to a buyer (VENDEE) for a consideration in cash.
Doesn’t need to be written (buying from Spar is also a contract of sale).
Sample
= Muster
Small portion or one unit of a larger quantity of goods.
PATTERN = small cuttings of textiles
Consignment
= Warensendung
Synonim = SHIPMENT
Consignee
Eg Billa cand vine produse Head&Shoulders (nu schimba numele)
A party to a consignment contract, an agreement under the terms of which he undertakes to sell goods in his own name but for the account of his principal (manufacturer or wholesaler).
Consignor
Eg Head&Shoulders fabrica
A firm sending goods to another firm, a private individual, a government angency etc.
Carrier
An individual or an organisation whose business it is to transport goods.
Forwarding agent
Acts as an intermediary btw parties wishing to send or collect goods and another who is to transport them.
The forwarding agent arranges, in his own name but on the client’s account, for carriage of the contract goods to the agreed place of destination.
Acceptance of goods
= Annahme vin Waren
Acceptance of goods should not be confused with their mere reciept.
Buyer accepta goods, si dupa ce da acceptul nu le mai poate returna; adica e de acord cu ce a primit, goods sunt conform contractului
Rejection of goods
The buyer’s refusal or neglect to accept the goods delivered under the contract; he is entitled to reject them only if the seller has failed to meet important contractual obligations, otherwise it can be a breach of contract.
Breach of contract
The unexcused non-performance of a contract => can sue for damages.
Wrong goods
= falsche Waren
Goods which are different in nature from the ones specified in the contract; legally, wrong goods entails the same consequences as non-delivery or delays bcs it is considered a failure to deliver the contract goods.
Defective goods
Items which have one or more major or minor defects; quantity is also a defect!!!
Complaint
An expression of discontent and may be made by the buyer to the seller if the goods delivered are defective, if the latter has delivered the wrong quantities, wrong goods, there is a delay in delivery etc.
+Viceversa
Damages
Remedies for breach of contract; money compensation for a loss suffered.
