Exclusive sales is one of the customary ways in international trade. In China's export business, according to the characteristics of certain commodities and the need to expand exports, in the appropriate market, select the appropriate customers, or use the exclusive sales method. Exclusive sales（ client ）The trade practice of granting the operation right of a certain commodity or a certain type of commodity in a certain region and within a certain period of time to a foreign customer or company through an agreement. Although underwriting is also Selling However, underwriting is different from the usual unilateral transaction by transaction export. In addition to the sales contract signed by both parties, an exclusive sales agreement must be signed in advance. The rights and obligations of the buyer and the seller are determined by the underwriting agreement. The sales contract signed by both parties must also comply with the provisions of the underwriting agreement. primary coverage
1、 Name, signing date and place of the underwriting agreement
2、 The foregoing of the underwriting agreement
Generally, in the preceding clause, it is clear that the relationship between the underwriter and the principal is the principal to principal, that is, the relationship of sale and purchase.
3、 Scope of exclusive selling goods
Client（ Exporter ）There are many kinds of goods in business. Even the same kind or the same kind of goods, there are different brands and specifications. Therefore, in the exclusive sale agreement, both parties must agree on the scope of the goods to be underwritten.
4、 Underwriting region
The exclusive selling region refers to the geographical scope within which the exclusive seller exercises sales.
Generally, there are the following agreed methods:
1. Identify a country or countries;
2. Identify several cities in a country;
3. Determine a city, etc.
The following factors should be taken into consideration when determining the size of the exclusive sales area:
1. The scale and capacity of underwriting;
2. The sales network that the underwriter can control;
3. The nature and type of the exclusive sale commodities;
4. The degree of market differentiation;
5. Topographic location of the underwriting area, etc.
5、 Underwriting period
The underwriting period can be long or short. In China's export business, the term is usually specified when signing the exclusive sales agreement, usually one year. The customary practices of other countries' markets do not stipulate the term in the underwriting agreement, but only the termination or renewal terms.
Franchise refers to the right of exclusive sale and purchase exercised by the underwriter, which is an important part of the underwriting agreement. The franchise includes monopoly and franchise. The former refers to the right that the consignor (exporter) gives the exclusive sales right to the underwriter in the specified area and within the specified period of time. Exporters have the obligation not to sell goods directly to customers in the region. The latter is the obligation of the underwriter to purchase goods from the exporter, but not from a third party.
VII Underwriting Quantity or amount In addition to the above contents, the underwriting agreement shall also specify the quantity or amount. This quantity and amount are equally binding on both parties. Sometimes the quantity and amount are specified in the agreement, the underwriter must assume the obligation to purchase the specified quantity and amount from the exporter, and the exporter must assume the responsibility to export the above quantity and amount to the underwriter.
8、 Pricing method
There are different ways of pricing exclusive merchandises. One way is to price once within the specified time limit. That is, no matter whether the price of the exclusive selling goods in the agreement rises or falls, the price specified in the agreement shall prevail. Another approach is to price in batches within the specified underwriting period. Because the price of international commodity market is changeable, it is common to adopt batch pricing.
9、 Advertising, publicity, market reporting and trademark protection The parties to the underwriting agreement are buyers and sellers, so the trustor (exporter) does not actually set foot in the sales business in the underwriting area, but he is very concerned about developing overseas markets. In order to publicize the trademark used for its products, the client often requires the underwriter to be responsible for publishing certain advertisements for his goods. For example, some underwriting agreements stipulate that: "The buyer is responsible for and pays for holding exhibitions for the seller's machinery and equipment in its underwriting area, soliciting orders, and publishing advertisements in local newspapers." Some agreements stipulate that the underwriter should visit customers who hope to conclude transactions or the seller should request the underwriter to provide market reports as much as possible.
Agency refers to the agent signing a contract or doing other legal acts with a third party on behalf of the principal according to his authorization. The rights and obligations arising therefrom shall be directly effective to me.
1、 Relationship between agent and principal
The relationship between the agent and the principal belongs to Consignment Relationship. Agent in Agency business In, he only acts on behalf of the client, such as soliciting customers, orders, signing sales contracts on behalf of the client, handling the client's goods, and receiving payment for goods. He does not participate in the transaction as a party to the contract. 2、 Agents usually use entrusted funds for business activities
3、 The agent does not sign a contract with a third party in its own name
4、 The remuneration earned by the agent is the commission.
5、 Agency type
stay Capitalist market There are usually the following agents: 1. General agency
The general agent is the sole agent of the principal in the designated area.
In addition to the right to sign sales contracts and handle goods and other business activities on behalf of the client, he can also carry out some non-commercial activities. He has the right to appoint a sub agent and can share the commission of the agent.
2. Exclusive agent
（theexclusive agency or soleagency）
3. Commission agency
Commission agency, also known as general agency, refers to the agency in which several agents act on behalf of the principal in the same agency area, time and period. The commission agent shall collect commission from the client according to the actual amount of goods sold and the method and percentage specified in the agreement.
Consignment (Consignment) is a trade mode of consignment and one of the customary practices in international trade. In China's import and export business, consignment is not widely used, but in some commodity transactions, consignment can also be flexibly and appropriately used to promote the transaction and expand exports. Consignment is different from Agency sales The way of trade. It refers to a trade practice in which an entrusted (consignor) first transports the goods to the place of consignment, entrusts a foreign consignor (consignee), and the consignor replaces the consignor according to the conditions specified in the consignment agreement. After the goods are sold, the consignor settles the payment for the goods to the consignor. Consignment mode
The consignment mode used in international trade has the following characteristics compared with the normal outright sale mode:
1、 Responsibilities of Consignee
Consignment People first transport the goods to the destination market (the place of consignment), and then sell them to local buyers at the place of consignment through the consignee. Therefore, it is a typical spot transaction based on physical goods. 2、 Relationship between Consignee and Consignee
The relationship between the consignor and the consignor is a relationship of consignment, not a relationship of purchase and sale. The Consignee shall dispose of the goods only in accordance with the Consignee's instructions. The ownership of the goods shall remain with the consignor until they are sold at the place of consignment.
3、 Risks to be borne by consignment
Consignment goods The consignor shall bear all costs and risks before the sale, including those incurred during the transportation and after the arrival at the consignment place. After consignment goods are shipped for export, they can also be sold first by selling road goods before arriving at the consignment place, that is, when the goods are still in transit, they can be sold if conditions permit, and if they cannot be sold, they will still be transported to the original destination.
Invitation to tender refers to the time, place Tender announcement Or a tender form, proposing the variety and quantity of the goods to be purchased and the relevant purchase and sale conditions, and inviting the seller to bid. To submit tender means that the bidder, at the invitation of the tenderee, according to the conditions specified in the tender notice or the tender order, submits to the tenderee within the specified time Bid act. Actually, bidding bid It is two aspects of a trade mode. There are three or four bidding methods adopted internationally, namely
1、 Competitive bidding
Competitive bidding (ICB) refers to that the tenderee invites several or even dozens of bidders to participate in the bidding, and selects the most favorable bidder for the tenderee through the competition of most bidders.
There are two approaches to international competitive bidding:
1. Open bidding. Open bidding is an unlimited Competitive bidding （nlimited competitive）。 When adopting this approach, the tenderee shall publish bidding advertisements in major newspapers and periodicals at home and abroad. Anyone interested in the bidding content will have the opportunity to purchase bidding materials for bidding. 2. Selected bidding. Alternative bidding is also called Invitation for Bids , it is Limited competitive bidding （limited competitive bidding）。 In this way, the tenderee will not advertise in newspapers, but invite the customers according to their specific business relationship and information, and then bid after prequalification. 2、 Negotiation bidding
Negotiated bidding
Negotiation bidding It is also called bid negotiation. It is not open Non competitive Bidding for. This kind of bidding is directly negotiated by several merchants of the bid inviter. The negotiation is successful and the transaction is concluded. 3、 Two stage bidding Two stage bidding refers to the comprehensive way of unlimited competitive bidding and limited competitive bidding Open bidding And then the selective bidding will be conducted in two stages. Most of the government purchases materials through competitive public bidding.
Auction is a kind of auction in which the exclusive auction house accepts the entrustment of the owner of the goods, and at a certain place and time, according to the prescribed articles and rules, bids by public bidding Auctioneer A stock that gives goods to the highest bidder transaction mode 。 Most of the commodities traded through auction are those that are easy to standardize in quality, or difficult to survive, or are customarily auctioned. Such as tea, tobacco, rabbit hair, fur, wood, etc. Some commodities, such as mink and Australian wool, are mostly traded through international auctions.
Auction is generally conducted by a special organization engaged in auction business in a certain auction center market and within a certain period of time in accordance with local specific laws and regulations.
The auction procedure is different from the general export transaction. The transaction process generally involves preparation, inspection, bidding and Payment delivery Wait for four stages. Bidding method
1、 Incremental auction
An incremental auction is also called a bid auction by the buyer. This is the most commonly used auction method. At auction Auctioneer The auctioneer puts forward a batch of goods, announces the predetermined minimum price, and after evaluation, the bidders bid one after another to increase the price, sometimes specifying the amount of each price increase until the auctioneer thinks that no one will offer a higher price. 2、 Sale auction
Auction at reduced price, also known as Dutch Auction (dutch auction), in which the highest price is first offered by auction, and then the bidding price is gradually reduced until a bidder believes that the price has been reduced to an acceptable price, which means buying. Sealed bids; closed bids auction is also called bidding auction. When using this method Auctioneer Publish the specific conditions and auction conditions of each batch of goods, and then each Xi Fang will seal their bids to the auctioneer within the specified time for the auctioneer to review and compare, and decide which bidder to sell the goods to. This method is not open bidding, and the auctioneer sometimes needs to consider other factors besides price. In some countries, the government or customs often use this auction method when dealing with inventory or confiscating goods. Futures transaction is a large number of buyers and sellers of major commodities exchange According to certain rules, it is a kind of trade way to negotiate with shouting and gesture and reach a deal through fierce competition. Futures trading is different from spot trading in commodities. As we all know, in the case of spot transaction, the buyer and the seller can reach a physical transaction in any way, at any place and time. The seller must deliver the actual goods, and the buyer must pay for the goods. While futures trading is in a specific futures market at a certain time, that is Commodity Exchange According to the "standard" formulated by the Exchange in advance Futures contract ”Futures trading. After the transaction, the buyer and seller do not transfer the ownership of the goods. Because futures trading has the following characteristics: 1、 The futures transaction does not require both parties to provide or accept actual goods;
2、 The result of the transaction is not the transfer of actual goods, but the difference between the price paid or taken on the date of signing the contract and the date of performing the contract;
3、 The futures contract is a standard futures contract formulated by the Exchange, and can only be in accordance with the provisions of the Exchange Commodity standard And types of transactions; 4、 The delivery date of futures trading is exchange The specified delivery date is determined. Different commodities have different delivery dates; V Futures contract Must be set up in each exchange Clearing House Register and settle accounts. Transaction type
Futures trading, according to the purpose of traders, has two kinds of different natures: one is pure speculation that uses futures contracts as gambling chips, buying and selling, and chasing profits from the difference between price fluctuations; One is done by people who are really engaged in physical transactions Hedging 。 The former is called "short selling" in business custom, which is speculator Gambling speculation based on one's own judgment of market prospect. The so-called“ Buy short ”, also known as“ long position ”It means that speculators buy futures when they estimate that the price will rise; once Lead time Increase the price and then sell the futures to earn the difference. The latter is called "hedging" in business customs, also known as "Haiqin". Countertrade (counter trade) in China“ Reverse trade ”、“ Mutually offsetting trade ”、“ Reciprocal trade ”Some people also call it general“ barter ”Or "big barter". We can generally understand counter trade as including barter Bookkeeping trade 、 Mutual purchase , product repurchase Transfer trade It is a general term for all kinds of trade modes that belong to the category of goods sales and are characterized by combination of import and export and offset import by export. General trade
General trade refers to the goods unilaterally imported or exported by enterprises with import and export operation rights in China. Import and export goods aided by payment for goods, materials and parts imported by foreign-funded enterprises for processing domestic products, finished products processed by foreign-funded enterprises for export or self purchased products for export, catering food imported by hotels and restaurants, domestic fuel, materials and spare parts for foreign ships or aircraft, In the overseas labor service cooperation project, the goods imported by the other party's physical products to offset the wages of our labor service personnel (such as steel, timber, fertilizer, seafood), and the equipment and materials brought out by our domestic enterprises in the part of overseas investment in physical investment, are all counted as general trade.
Compensation trade
Compensation trade refers to the transaction form in which foreign manufacturers provide or use overseas exported credit goods to import production technology or equipment, and our party produces them, and repays the other party's technology, equipment price or principal and interest of payment for goods in installments by way of selling back their products. If approved, other products produced by the enterprise (including enterprise consortium) can also be used to sell back to the other party for indirect compensation.
The trade of processing and assembling with supplied materials refers to the form of transaction in which foreign businessmen provide all or part of the raw materials, auxiliary materials, parts, components, supporting parts and packaging materials, and provide equipment when necessary. Our party processes and assembles according to the requirements of the other party, and the finished products are sold to the other party. We collect the labor payment, the price of the pricing equipment provided by the other party, and our labor payment is repaid.
Processing trade with imported materials refers to the transaction form in which we purchase imported raw materials, materials, auxiliary materials, components, parts, accessories and packaging materials with foreign exchange, and process finished or semi-finished products for export. The import processing and assembly trade can also take the form of counterpart contract, that is, the buyer and the seller sign import and export counterpart contracts respectively. When importing materials, we will pay for the materials in advance, and then collect the finished products from the other party when exporting the processed products.
Consignment and consignment trade
Consignment trade is a kind of trade in which the consignor delivers the goods to the consignor agreed in advance, and the consignor sells the goods on behalf of the consignor in the local market according to the conditions agreed in advance or stipulated in the consignment agreement. After deducting the commission and other fees of the consignor from the proceeds, the consignor pays the balance to the consignor in the manner stipulated in the agreement. The relationship between the consignor and the consignee is not a buying and selling relationship, but an entrustment relationship. The consignee has no ownership of the goods.
Small border trade refers to the trade activities, including barter trade, between the enterprises approved to operate small border trade in border counties (banners) and border city districts (hereinafter referred to as border areas) along the land border line and the enterprises or other trade institutions in border areas of neighboring countries through the land ports designated by the state, Easy cash trade and other forms of trade.
Imported equipment for processing trade
Imported equipment for processing trade refers to the machinery and equipment imported by the other party with or without pricing under processing with supplied materials and processing with imported materials, including the equipment that is repaid with the payment (or price difference) for work and the equipment imported by foreign-invested enterprises under processing trade without deduction of investment quota.
For the equipment imported by foreign-invested enterprises under processing trade, if the amount of investment is deducted, the statistics shall be made according to "equipment imported by foreign-invested enterprises". Whether the amount of investment is deducted or not shall be subject to the results of the examination and approval department of the customs in charge of the enterprise.
The export goods of foreign contracted projects refer to the equipment and materials exported by companies with the right to operate foreign contracted projects approved by the Ministry of Foreign Trade and Economic Cooperation for contracting foreign construction projects and carrying out labor cooperation and other foreign cooperation projects, However, it does not include the engineering equipment and materials exported under the project contracting and labor service cooperation between enterprises in border areas that have the right to operate foreign economic and technological cooperation with China's neighboring countries approved by the Ministry of Foreign Trade and Economic Cooperation.
renting trade
Leasing trade refers to the leasing of import and export goods with a lease term of one year or more that an enterprise undertaking leasing business signs an international leasing trade contract with a foreign investor.
Imported equipment and articles
The equipment and articles imported by foreign-invested enterprises as investment refer to the machinery, equipment, spare parts and other materials (other materials refer to the materials needed for plant construction, installation and reinforcement of machines) imported by foreign-invested enterprises with the capital within the total investment (including Chinese investment), as well as the reasonable number of transportation vehicles imported by the enterprises for their own use according to the national regulations Production vehicles and office supplies (equipment).
Outgoing processing trade
Outgoing processing trade refers to the transaction form in which raw and auxiliary materials, spare parts, components or semi-finished products in China are delivered to foreign manufacturers for processing or assembly as required by us, and finished products are re shipped for import, and we pay the labor fees, excluding "processing with materials for export".
"Processing export with materials" means that we invest in and set up enterprises overseas to transport our domestic raw and auxiliary materials, parts, components or semi-finished products to overseas for processing or assembly, and the goods shipped out of the country under the item of processing export with materials for finished products sold overseas shall be counted according to the actual way, such as the export of machinery, equipment, raw materials, etc. shall be counted according to "general trade"; Exports of finished products processed with imported and imported materials shall be counted as "processing trade with imported and imported materials"; leased exports shall be counted as "leasing trade".
Barter trade
Barter trade refers to the trade in which export goods are directly exchanged for import goods without monetary media.
Inbound and outbound goods in bonded warehouse
Inbound and outbound goods in bonded warehouses refer to goods directly stored in bonded warehouses from abroad and goods from Export supervised warehouse Goods transported out of the country do not include warehouse and transit goods in the bonded area. The goods in export supervised warehouses and their statistical measures are in accordance with the Interim Measures of the Customs of the People's Republic of China for the Administration of Export Supervised Warehouses (Order No. 22 of the General Administration of Customs on March 18, 1992) and the Notice of the General Administration of Customs on Amending the Provisions on the Administration of Export Tax Rebates for Goods Stored in Export Supervised Warehouses (SJ [1995] No. 440), The export supervised warehouse refers to the special warehouse for storing the goods that have received the export goods license or approval according to the regulations, have been sold out and settled in foreign exchange, and have gone through all export customs formalities with the customs. The goods stored in the warehouse are "goods in export supervision warehouse". Warehousing transit goods in the bonded area
Warehousing transit goods in the bonded area refer to goods stored from abroad bonded area The warehousing and transit goods stored in the non bonded area from abroad and the warehousing and transit goods transported out of the bonded area do not include the warehousing and transit goods stored in the non bonded area from abroad and transported out of the non bonded area. improvement trade
Processing trade mainly includes processing with supplied materials, assembling with supplied parts, processing with supplied materials, processing with supplied materials and compensation trade. It is similar to the "three processing and one compensation" (namely, processing with supplied materials, assembling with supplied parts, processing with supplied samples Small and medium-sized compensation trade ）The difference is that processing with supplied samples belongs to general export trade and is not within the scope of processing trade. Processing with supplied materials and assembling with supplied parts are collectively referred to as processing and assembling. The main content of processing trade is to remove the processing of samples from the "three processing and one compensation", and add the processing of incoming materials and outgoing materials. Overseas trade processing
Overseas trade processing refers to the international economic and trade cooperation mode in which domestic enterprises mainly invest in existing technologies and equipment, provide raw materials, spare parts or product design technology, set up factories abroad, process and assemble, and sell finished products on the spot.
