Major Forms:
Exclusive Sales 包销
Agency 代理
Consignment 寄售
Invitation to Tender & Submission of Tender招投标
Counter Trade 对销贸易
Barter 易货贸易
Buyback Trade 回购贸易
Counter Purchase 互购贸易
(1) Exclusive Sales 包销
Exclusive Sale involves an exporter (client) by way of agreement granting one foreign customer or company exclusive right to trade one commodity or one type of commodities in a certain area and within a time limit.
包销指出口人(委托人)通过协议把某一种商品或某一类商品在某一个地区和期限内的经营权给予国外某个客户或公司的贸易做法。
通常包销协议包括下列主要内容:
包销协议的名称、签约日期与地点
包销协议的前文
包销商品的范围
包销地区
包销期限
专营权
包销数量或金额
作价办法
Exclusive Sales contract include:
The name, date and venue of the agreement.
The preamble of the agreement, in which relationship between exclusive distributor and client are clarified as principal to principal.
The scope of the commodity, which must be defined in the agreement, for reasons of different types of commodity or different trademark and specification.
The sales territory, the determination of which involves considering factors such as the scale and capability of exclusive distributor, the sales network under the control of the distributor, the nature and type of the commodity, market differentiation, topographic position of the sales territory, and so on.
The sales duration, also called validity period.
Franchise. Franchise refers to the exclusive right of the distributor’s to purchase and sell the commodity, which is a key content of the agreement. It includes exclusive selling right and exclusive purchasing right. The former entitles the distributor to exclusively sell one commodity in regulated territory and duration, with exporter’s responsibility of not selling directly to other customers in that territory. The latter provides that the distributor is liable for purchasing commodity from the exporter, not anybody else.
The quantity and amount, which is equally binding to both parties.
Pricing method.
Other obligations of distributor
(2) Agency 代理
Agency involves an agent, at the authorization of a principal, entering into contract with a third party or conducting other legal activities on behalf of the principal, with principal directly sharing consequent rights and assuming corresponding obligation.
代理是指代理人(Agent)按照委托人(Principal)的授权,代表委托人与第三人订立合同或做出其他法律行为,而由委托人直接享有由此而产生的权利与承担相应的义务。
classified into 3 categories
General Agent 总代理
A general agent is legally authorized to represent principal on all kinds of commercial or sometimes even noncommercial activities. They are empowered to act on the basis of agreements made with the principal they represent and to appoint sub-agents and share their commission.
Exclusive agent (also called Sole Agent)独家代理
Exclusive agent is one that within certain duration and territory exclusively represents the principal to conduct relative business provided in the agreement. No other agent should be named in the same territory by the principal.
Commission Agent 一般代理(佣金代理)
Within the same duration and territory, the principal may designate several agents to act in his name, no exclusive right is regulated. The commission agent, after successfully conducting activities within authorization, collects commission from the principal.
(3) Consignment 寄售
In consignment, goods are sent to the agent for purpose of sale. The ownership of these goods remains with the sender (the consignor). The agent (the consignee) sells the goods on behalf of the sender upon his instructions.
寄售是指将货物送抵代理人处进行销售,而货物的所有权仍属于送货人(委托人)。代理人(受托人)根据送货人的指示代其销售货物。
The features of consignment lie in that: 寄售的特点
The relation between the two parties is that of consignor and consignee, not that of buyer and seller.
The consignor is entitled to bear all the expenses in connection with consignment.
The consignee is not responsible for damage of goods during transport or any other procedure.
Goods are sold at the risk of the consignor with profit or loss belonging to the consignor only.
(4) Invitation to Tender & Submission of Tender 招标和投标
An invitation to tender (ITT, often called tender for short) is a special procedure for generating competing offers from different bidders looking to obtain an award of business activity in works, supply, or service contracts.
招标是从不同的想从工程、供应和服务中获得回报的投标人处获得竞争性报价的特定过程。
Submission of Tender, also called bidding, is a recognized way of competing with other businesses for a contract.
投标是与其他企业竞争以获取合同的一种方式
The tendering company examines and compares bid proposals from the different businesses to choose the firm with the best overall proposal. Tender and bidding are two sides of a trade method.
Four steps in a tender and bidding:
Tender 招标
Bidding 投标
Bid opening and evaluation 开标评标
Signing of contract 签约
International tender includes open tender and restricted tender. Open tender, also called competitive tender or public tender, is open to all qualified bidders in which the sealed bids are opened in public for scrutiny and are chosen on the basis of price and quality.
国际招标主要有公开招标和选择性招标两种。公开招标也叫竞争性招标或公共招标,对所有的符合条件的投标人开放,封好的标书被当众打开以供审查,并依据投标价格与质量从中选择。
(5) Counter Trade 对销贸易
Counter trade means exchanging goods or services which are paid for, in whole or part, with other goods or services, rather than with money.
对销贸易是指用货物或服务而非钱财,部分或全部地去交换其他货物或服务。
Counter trade also occurs when countries lack sufficient hard currency, or when other types of market trade are impossible. There are six main variants of counter trade: barter, switch trading, counter purchase, buyback, offset, and compensation trade.
(6) Barter 易货贸易
Barter is trading in which goods or services are exchanged without the use of cash.
易货贸易是指相互交换商品或服务,而非以现金结算。
(7) Buyback Trade 回购贸易
Buyback occurs when a firm builds a plant in a country-or supplies technology, equipment, training, or other services to the country and agrees to take a certain percentage of the plant's output as partial payment for the contract.
回购贸易是指一方在一个国家建立工厂,或提供技术、设备、培训或其他服务给该国家,并同意收购该工厂所生产的一定比例的产品作为部分的合同款项的方法。
(8) Counter Purchase 互购贸易
Counter purchase, also called reciprocal or parallel trade, means sale of goods and services to one company in other country by a company that promises to make a future purchase of a specific product from the same company in that country.
互购贸易(Counter Purchase),又称互惠贸易(Reciprocal)和平行贸易(Parallel Trade),是指一家公司出售产品和服务给其他国家的另一公司并承诺于将来从该公司购买一定数量的特定产品。

