Dalian Business Institute

Teaching plan

Department : Foreign language department

Major : Business English

Course : Foreign Trade Conversation

Contents

•  Lesson 1 Meeting

•  Lesson 2 Inquiry and Offer

•  Lesson 3 On Price

•  Lesson 4 Order

•  Lesson 5 Terms of Payment

•  Lesson 6 Time of Shipment

•  Lesson 7 Packing

•  Lesson 8 Insurance

•  Lesson 9 Commodity Inspection

•  Lesson 10 Signing and Execution of the Contract

•  Lesson 11 Complaints Claims and Settlements

•  Lesson 12 Arbitration

•  Lesson 13 Trade Forms

•  Lesson 14 Quota

•  Lesson 15 Import License

•  Lesson 16 Registration of Trademarks

•  Lesson 17 In the Restaurant

•  Lesson 18 Airport departure

Introduction

　　As a significant social activity, negotiation is a means of dealing with human relationships and resolving conflicts and has never been non-exist. On the other hand, as a product of social competition, negotiation has got its different meaning and content with the development of the times.

　　Generally speaking, negotiation is a bargaining situation in which two or more players have a common interest to cooperate, but at the same time have conflicting interests over exactly how to share. In other words, the player can mutually benefit from reaching an agreement on an outcome from a set of possible outcomes, but have conflicting interests over the set of outcomes.

Lesson 1 Meeting

　　Lead-in : It is always necessary to pay attention to the formalities on various occasions when you have to make introductions of yourself or someone else. If you bump into an old friend on the street, you may say “Long time no see, Jack. What's happening?” On the other hand, in business situation, you are expected to greet your business partners by saying “Hello! Mr. Jackson. How are you doing?” Learning how to introduce and greet people appropriately is a basis for effective communication.

Part I At the airport

A: Business formalities

•  Business attire---business suit

•  Greetings---introduction and handshake, academic and professional titles are preferably used

•  Conversation---safe topic like journey, weather and rest

B: Useful expressions

•  Nice\glad\pleasant to see you. How do you do?

•  Enjoy one's trip\how's your flight?

•  Go through custom formalities.

•  Fresh up a bit and a rest to overcome the jet lag

Part II Establishments of business relations

A: The establishment of business relations is one of the important undertakings in the field of foreign trade. In the first meeting, the following aspects should be considered:

•  Present oneself in terms of one's job

•  Find points of common interest so that the conversation can run smoothly

•  Introduce the company or the business

•  Show interests in buying or selling a certain product

B: Useful expressions

•  I'll show you around . We have all kinds of products displayed there.

•  …enhance the relationship between us and bring about substantial business to our mutual benefit .

•  I hope our cooperation will be further promoted by your visit.

Part III negotiation Idioms

at stake : something to be lost or gained 关系得失与利害

There was a lot at stake during the negotiation between the nurses and the government.

back down : give up a claim; not follow up in a threat 后退

The state government backed down on their threat to stop giving money to the city government.

back out : get out of an agreement; fail to keep a promise 退出

The real estate developer backed out of the negotiations for building the new city wall.

Part IV Negotiation link---Culture

　　When meeting people, both your verbal and non-verbal behavior show your social skills. People use effective handshakes, good eye contact, and proper introduction to show proper etiquette.

•  Handshakes are vital in social situations

The host or the person with the most authority usually initiates the handshake. Make sure your hand is not sweating. A firm and consistent handshake, not too hard though, often gives a good impression.

•  Eye contact is also crucial when meeting people.

Eye contact arouses trust and shows respect for the other person. It also shows confidence and good inter-personal skills.

•  Proper introductions guarantee a good meeting.

Always say the name of the most important person first, and then the name of the person being introduced. For example, “Mrs. Anderson, I'd like you to meet my son.”

Remember to introduce people in the following order:

•  the young to the old

•  non-official to official

•  junior to senior

•  colleague to customer

•  female to male

You should also provide some basic information about the person you are introducing so as to clarify your relationship with that very person.

Lesson 2 Inquiry and offer

Lead-in: In foreign trade, inquiry and offer are two important steps to begin the business. Inquiries are usually made by the buyers without engagement to get information about the goods to be ordered, such as price, catalogues, delivery date and other terms. In response to an inquiry, an offer or quotations may be sent. In making a firm offer, the time of shipment and the node of payment should be mentioned. In addition, and exact description of the goods should be given, if possible, sample or pattern be sent.

Part I Making an inquiry

A “first inquiry”, that is, an inquiry to a supplier whom you have not previously dealt with, should begin by some details of your own business, such as the kind of goods handled, quantities needed, usual terms of trade. Remember the following expressions:

1. They will find a ready market in Canada . popular\salable on the market
2. We expect to place regular orders for fairly large numbers.
3. Here is our latest quotation sheet.
4. competitive price
5. There's nothing available because we have sold out all the stock.
6. Demand is going up drastically. Production can't keep pace with it.
7. We used to do business with your sister corporation in the neighboring provinces.
8. It seems that your prices are on the high side.
9. Costs of labor and raw materials have gone up tremendously during the past several months.
10. You must be experienced in the line of garments
11. You should not only listen to price, but must take the quality into consideration.

l. start the ball rolling

Part II Making an offer

A: A satisfactory quotation will include the following:

•  An expression of thanks for the inquiry in writing.

•  Details of prices, discounts and terms of payment.

•  A statement or clear indication of what the prices cover (e.g. freight and insurance, etc.)

•  An undertaking as to the date of delivery or time of shipment.

•  The period for which the quotation is valid.

B: Useful expressions

•  All the quotations on the list are subject to our final confirmation .

•  Our offer remains\is good\open\valid\firm for 3 days.

•  We may adjust our export price before long since there is every indication of a further rise in price in the near future.

•  The price we quoted you is really the lowest and the margin of profit is very small.

•  a gesture of goodwill… in view of our friendly relations, …

Part III Negotiation Idioms

back to the drawing board : get back to the start 从头开始

The negotiations for the contract failed so we had to go back to the drawing board.

ball is in someone's court : be someone else's turn 把球踢到对方

The ball was in the union's court after the company made their final offer.

beat around the bush : talk about things without giving a clear answer 绕弯子

The manager spent the meeting beating around the bush and nerve really said anything important.

Part IV Negotiation link---Culture

As you may have well known, there are obvious differences in greetings among cultures. The following passage introduces multicultural differences in greetings.

•  People form Asian cultures bow in greeting, such as Japan , Korean and Laos .

•  Some cultures naturally greet by hugging. Native Hawaiians hug each other, exchanging breaths. The custom is called “aha”.

•  Kiss! If a Cuban male client kisses you on the cheek, you know you've made the short list.

•  Pakistanis (largely Muslims) greet with salaam that is the equivalent for “hello”. The salaam is done by bowing with the palm of the right hand on the forehead. Salaam means “peace” or “peace be with you.”

•  Posture. Don't sit back in your chair and cross your legs before a Middle East client cause showing the bottom of your foot means you are looking for a fight!

•  Different hand-shaking

Brits prefer a brief but firm handshake.

The French--- a light grip.

Germans will give a firm handshake---“pump” then quick withdrawal.

Italian---shake hands, hug and then kiss on both cheeks.

Lesson 3 On Price

buyer wants to buy cheap; on the contrary, the seller wants to sell deal. In order to conclude the business, the buyer, when has a disadvantage over the seller, has to accordingly compromise on terms such as lowing the price, allowing discounts and so on. It is usually a useful for those manufacturers and wholesalers to give some discounts to help sell their products. The most important of these are cash, trade, and quantity discount.

Part I On Price

Negotiating price is a skill needing nerves of steel, and haggling is a common occurrence. Remember the following expressions:

•  Our price is different according to the size of the order.

•  Let me be frank\to be frank with you , our primary concern is price.

•  leading manufacturer

•  the quality of your samples well up to the standard and suitable for our requirements

•  Business depends very much on your prices

•  Taking everything into consideration , you'll find that our prices compare favorably with the quotation you can get elsewhere.

•  This is the lowest price in reference to the price on the world.

•  How about meet ing each other half way with the price gap ?

•  Don't let us get stuck over the question of price.

•  Take it or leave it .( 要就要，不要就算了。 )

•  That will be difficult. But as you have been so accommodating over the question of price, I think we can arrange that.

Part II Discount

A: three most important terms in relating to discount:

•  Cash discount: it is a reduction in price given to a purchaser for paying his bill within a specified time period.

•  Trade functional discount: a price reduction offered to various classes of customer.

•  Quantity discount: the price per unit is determined by the number of units purchased. The more units purchased, the lower the price per unit charged.

•  In addition, to encourage buyers to stock inventory earlier than their normal demand would require, manufacturers often use seasonal discounts. They encourage wholesalers and retailers to stock up products before the seasonal demand by ultimate consumers.

B: Useful expressions

•  I can give you a 1 0% discount off to promote our relations.

•  At present the demand for our products still exceeds the supply.

•  We might as well call the whole deal off .

•  In order to get the business done, we are quite willing to make some concessions .

•  For the sake of friendship , we're prepared to offer a discount of 3% if you double the value of your order.

•  exceptional case\make an exceptional to

•  Your prices are sky-high.

•  If you commit to buy more, then I could consider a larger discount.

Part III Negotiation Idioms

bog down : slow to a stop 停顿；卡壳

The negotiations bogged down when the union said they would not negotiate about the part-time workers.

bone of contention : the subject or reason for a fight 争论的焦点

The length of the project was a major bone of contention during the talks between the city and the developer.

break off : stop or end suddenly 中止

The government decided to break off talks about extending the free trade agreement.

Part IV Negotiating skills---Moving into a higher price niche

You can learn to raise the price of your products inconspicuously or price a new product higher initially. To actually INCREASE your income, the following seven tips will help get on your way:

•  Realize that there are going to be several people that will reject your higher prices. Get the buyers to look at the cost in terms of long-term investment—not initial out of pocket cost( 初期现金投入的成本 ) 。

•  Know when to call it quits( 适可而止 ) 。 Convince those “hard sell” customers that your product is definitely worth its price.

•  Don't get stuck in the middle. Either your prices are “inexpensive”—or they aren't. Don't get caught in between.

•  Be sure your ‘re able to back up the high price of your products with quality. If you can't find a way to add on the products to increase its value, don't charge an unreasonable price.

•  Re-evaluate your marketing strategies to attract the right kind of customers.

•  Know the difference between “high priced” products… and “ridiculously priced” products.

•  Just do it. Be a strong advocate of ACTION.

Lesson 4 Order

Lea d-in : An order is a request to supply a specified quantity of goods. It may result from an offer or an inquiry with subsequent quotations. An order may be given by letter or memorandum, by telex or telegraphic message, or orally at a meeting. The essential qualities of an order are accuracy and clarity. An order should include:

•  full details of description, quantities and prices and quote article numbers;

•  state mode of packing, port of destination and time of shipment;

•  confirm the terms of payment as agreed upon in preliminary negotiations.

Part I Useful expressions

•  If the sales volume is large enough, we will give you larger orders in the future.

•  The item is out of stock at the moment.

•  best selling items\best seller

•  If the business terms are satisfactory, I'd like to place a trial order for the raincoat so that we may test the market .

•  I suggest that you cut down the quantity of your order by half

•  stand the competition

Part II Negotiation Idioms

call the shots : be in charge 主持；掌握

During the meeting it looked like the vice-president was calling the shots.

card up one's sleeve : another plan or argument saved for later 秘而不宣的备用方案

I thought that the negotiations would be unsuccessful but my boss had another card up his sleeve that we didn't know about.

cave in : weaken and be forced to give up 被迫放弃

The company was forced to cave in to the demands of the workers for more money.

Part III Principles for negotiation

When negotiating, it's important to have the most information possible, preferably more than the other side. It helps to know where the other side's negotiating power is weak. Here are some suggestions:

•  Don't get personal.

•  Control your emotions. If you feel you've come out a winner, don't show it. No one likes to feel they've lost and maybe you'll have to face them again.

•  Don't talk out of school( 在外面；不要谈及与谈判有关的内容 ). The wall has ears.

•  Don't be afraid to take a risk. Don't run bluffs or let yourself be bluffed, or your credibility is shot.

•  Don't attribute more strength to the other side than it possesses. Remember, in any negotiation, both sides are under pressure to perform

Lesson 5 Terms of Payment

Lead-in : Payment is of great importance in international trade. the final result of business activities is to get the amount of money for goods supplies or services renders. Otherwise, all would be meaningless. So proper terms of payment should be chosen to ensure the payment.

emphasis on L/C, D/P and D/A. In China , we usually require confirmed, irrevocable L/C payable by sight draft against presentation of shipping documents and besides, we require that the L/C should reach 15- 30 days before the month of shipment.

Part I Revision of three kinds of payment

•  Remittance: the buyer should remit the money to the seller on his own initiative and the seller should send the goods to the buyer according to the terms and time stipulated in the contract, because remittance belongs to commercial credit. It includes: M/T (Mail Transfer), T/T (telegraphic transfer), Demand Draft (D/D)

•  Collection: D/P and D/A

•  Letter of Credit: it is a tool or an instrument of payment, which is guaranteed by the bank.

Part II Useful Expressions

•  Now that the price has been settled down , let's move on to the terms of payment.

•  In our general (regular) practice , we only accept documents against payment.

•  Paying a deposit to the bank will tie up our money .

•  It makes no difference to you, but it does a lot to us.

•  We would prefer you to pay for your imports in US dollars.

•  Could you accept the terms of payment by installments for our present transaction?

•  with an eye to …

•  Make sure that the first installment reaches us 15 days before the delivery.

•  Many banks in North America carry accounts with the Bank of China.

Part III Negotiation Idioms

cover ground : talk about the important facts and details of something 应对所涉及的问题

The number of questions seemed endless and we were unable to cover much ground during the meeting.

cut a deal : arrange a deal, make an agreement 达成协议

We were able to cut a deal and left the meeting in a positive mood.

down to the wire: running out of time 所剩时间不多

The negotiations continued down to the wire but finally they ended successfully.

Part III The need theory in negotiation

In negotiation, how to use the need theory to find, analyze and satisfy each other's needs is very crucial for any negotiator to gain over the most possible benefits. One of the key theories about “ people at work” is Masolw's “hierarchy of human needs”. Maslow suggests that human beings take actions in order to satisfy essential needs. He classifies human needs under five main headings:

•  Physical of Survival Needs （生理的需要）

•  Security and Safety Needs （安全的需要）

•  Social Needs （情感的需要）

•  Ego and Esteem Needs （获得尊重的需要）

•  Self- realization Needs （自我实现的需要）

Lesson 6 Time of shipment

Lead-in : In a competitive business world, it's always fatal to deliver goods quickly and on time, especially those fresh or seasonal commodities. Generally speaking, the time limit governing a shipment is of three categories:

•  Shipment with a fixed date

•  Shipment with a date in the near future

•  Shipment with an indefinite date

Part I Points need to be noticed

A buyer may get furious if the delivery time can't meet his sales requirement. To avoid possible disputes, it's essential for the parties concerned to make shipment terms crystal clear before signing he contract.

We should distinguish “shipment” from “delivery”. Under FOB, CFR, CIF,CPT and CIP, the time of shipment corresponds to the time of delivery; but under DES, DEQ, DDU and DDP, the two are quite different, because the first group belongs to the constructive delivery, but the latter one belongs to actual delivery.

Part II Useful Expressions

•  If the shipment can't be made before December, we are not able to catch the season .

•  step up production

•  considering/in view of/with an eye to your urgent need an our long-standing relationship

•  Let's call it a deal.

•  To meet your demand , we can manage to advance the shipment by one month.

•  Our factory is fully committed …

•  You have to make the delivery in October, as the commodities must go through complicated customs procedures at our end.

•  Transshipment adds to the cost of transportation, then the extra cost should be for you account .

•  To stand on the safe side, I'd suggest Port Said( 塞得港 ) as an optional port （任意港） in case the goods can't catch the said on-carrier. （第二航程船）

Part III Negotiation Idioms

drag one's heels: act slowly or reluctantly 拖延时间

The government has been dragging their heels in talks with the union about their new contract.

drive a hard bargain : bargain hard 极力讨价还价

The sales manager from the other company always drives a hard bargain and it is difficult to negotiate with him.

drive at : mean 用意

I couldn't understand what the opposing negotiators were driving at.

Part III Negotiation Links--- Preparation for negotiation

Good preparation builds a solid foundation for your negotiation. To contribute to success in your negotiation, your preparation should be aimed at achieving an over-arching objective--- that of making sure that you go into your negotiation knowing more than the person you face.

Preparation can be divided into four aspects: establishing the target for negotiation; establishing business relations; getting as much information as possible; and making a feasible negotiation plan.

Lesson 7 Packing

Lead-in : Packing plays an important role in product sales. In addition to ensuring that the product arrives at the store or supermarket shelf in good condition, packing may form an integral part of an attractive product presentation.

In practical business activities, as far as the benefit of the buyer and the seller is concerned, both of them should be familiar with the following items:

A: Packing parameters ( 起限定作用的包装因素 )

•  Value of the goods ( 商品的价值 )

•  Nature o the goods ( 商品的性质 )

•  Rules and regulations ( 规章制度 )

•  Temperature variation ( 温差 )

•  Cost of packing ( 包装成本 )

B: Marking of goods

Part I Types of packing

•  Outer packing

•  Inner packing

•  Neutral packing

Part II Useful Expressions

•  enjoy high prestige

•  The design of packing looks nice, but we hope you could make some improvement in color . Children like rich and fresh color.

•  Well-decorated packing and can help push sales .

•  As for this shirt, we use a polythene wrapper for each, ready for window display.

•  You can rest assured that our packing will be on a par with that of other competitors, if not better.•  We always see to it that our customers are guaranteed economical and sea-worthy packing .

Part III Negotiation Idioms

face down : confront boldly and win 直面

The government decided to face down the striking transportation workers.

fall through : fail; be ruined 失败，泡汤

The deal for the new machinery fell through and we have to look for another supplier.

follow through : finish an action that you have started 兑现，实现

Our boss said that conditions and wages would improve soon but he never followed through with his promise.

Part IV The attitude of negotiation

We can take positive steps to prepare for the decision-making process and we can monitor our own behavior--- and that of other participants---as the process goes forward. By following a few common sense rules we can reduce conflict and turn it into cooperation and reach solution that really work for all the participants.

•  Separate the people from the problem ( 把人和问题区分开来 )

•  Distinguish between interests and positions ( 将利益和立场区分开来 )

•  Consider your BATNA (Beat Alternative To a Negotiated Agreement) ( 考虑谈判协议的最佳被选方案 )

•  Silence is gold ( 沉默是金 )

•  Pursue fairness ( 讲求公平 )

•  Keep a cool head ( 保持头脑冷静 )

•  Resiliency ( 保持弹性 )

Lesson 8 Insurance

Lead-in : The international trade is subject to many risks. Ships may sink or consignment be damaged in transit, exchange rate may alter, buyers' default or government suddenly impose an embargo, and so on. Therefore, in some cases, exporters and importers may possibly suffer from losses or damages. Insurance provides a pool or fund into which the many contribute and out of which the few who suffer loss are compensated.

Part I Marine insurance

When negotiating the marine cargo insurance, the parties concerned should be first familiar with the following content:

Perils Insured against

Marine Transportation Loss

Types of Insurance

Part II Related knowledge

Under CIF terms, it is the seller who arranges insurance with an insurance company. Under the terms of FOB, CFR, etc., the buyer effects insurance, but he may ask the seller to arrange insurance on behalf of the buyer.

Parties involved

Insured 被保险人

Applicant 投保人

Insurer 保险人

Insurance Agent 保险代理人

Insurance Broker 保险经纪人

保险当时人

保险代理人

是指代表保险公司招揽和经营保险业务的组织和个人。其行为所产生的权利，义务，后果直接由保险人承担。

保险经纪人

是指基于投保人的利益，为投保人与保险人定立保险合同提供中介服务，并依法收取佣金的单位。

Money involved in insurance 保险涉及费用

Insured Amount 保险金额

Premium 保险费

Insurance Documents 保险单据

Insurance Policy or Policy 保险单

Insurance Certificate 保险凭证

Part III Useful Phrases and Examples

cover/insure the goods

against +risks

for + insurance amount

with + insurer

cover/insure the goods

We have covered the goods against F.P.A. for the amount of $ 30,000 with PICC.

我们已向中国人民保险公司为货物投保平安险，金额为 3 万美元

Please cover insurance on this shipment against W.P.A. for amount of USD 25,000 with the PICC.

请向中国人民保险公司为这批货物投保金额为 25,000 美元的水渍险。

请按发票金额的 110% 将货物投保一切险。

Please cover the goods for 110% of the invoice value against all risks

请为这批货物投保金额为 4.5 万欧元的保险。

Please cover this lot (shipment) for 45,000 euros.

我们将按一般惯例投保水渍险和战争险

?We usually cover the goods against W.P.A and War Risk.

? It is our usual practice to cover the goods against W.P.A. and War Risk

在 CIF 条件下，我方一般只投保平安险加偷盗险。

It is our usual practice to cover against F.P.A and T.P.N.D on CIF basis.

我方建议你方向中国人民保险公司投保。

We suggest that you cover the insurance with PICC.

Part IV Negotiation Idioms

get down to business : start doing the business 开始正题，言归正传

We decided to get down to business and try to finish the work quickly.get to the bottom of : find out the real cause of something 寻根问底

It has been very difficult getting to the bottom of the problems in the company.

give-and-take : bargain 讨价还价

After a lot of give-and-take we finally reached an agreement regarding the property transfer.

Lesson 9 Commodity Inspection

Lead-in : The commodity inspection is the inspection conducted by a third, authorized party that has nothing to do with the seller and the buyer with the purpose of testifying whether the quality, quantity, package, etc. would be the same as those terms appeared in the contract.

In the foreign trade, commodity inspection is divided into the legal inspection and entrusted inspection. Since the entrusted inspection is merely done according to the items specified in the contract stipulated by all the parties concerned, and it isn't as important and compulsory as the legal inspection.

Part I Sentences selected from the dialogue

•  We demand the goods be inspected by an inspection organization acceptable to us.

•  China Commodity Inspection Bureau---survey report

•  The certificates issued by the bureau shall be final and binding on both parties .

•  duplicate sample/triplicate sample

•  If there's any discrepancy in your reinspection, you shall advise us within two weeks.

•  in conformity with/conform to

•  Let's call it a day.

Part II Negotiation Idioms

hammer out : work out by discussion and debate 经过反复磋商而敲定

The negotiations lasted all night but finally we were able to hammer out an agreement.

hang in the balance : be uncertain 前途未卜

The outcome of the election hung in the balance after the two top candidates had the same number of votes.

horse trade : an agreement reached after hard bargaining 唇枪舌战

After several hours of horse trading we finally reached an agreement to buy the new computer.

Part III Negotiation Strategies

•  forbearance 戒急用忍

•  surprise 出其不意

•  fait accompli 既成事实

•  reversal 以退为进

first out.

•  breaking limits 突破极限

•  feint 声东击西

•  granting concessions 允许让步

Offer a concession in exchange for one from the other party.

Lesson 10 Signing and Execution of the Contract

Lead-in: A contract is an agreement which sets forth binding obligations and duty of the two parties. Usually a contract can be signed through many times of negotiations. Once it is entered into or signed, the contract will be enforceable by law and all the terms in the contract will be binding on both parties. Any party who fails to fulfill his contract obligations may be sued and ordered to make compensation.

Part I Sentences to be noticed

•  We have reached an agreement on all the terms.

•  draft a contract

•  Everything is in shape.

•  be entitled to

Remind the students of the information gathered from the conversations in the textbook: before signing the contract, the two parties must have one more check on all the clauses to see if there is anything unclear or overlooked.

Part II Execution of the contract

A: After a contract is signed, the two parities should discuss it carefully again and make it clear that each clause is strictly carried out. From packing, insurance to commodity inspection, detailed confirmation should be made to ensure that there will be less disputes in the following process.

B: Useful Expressions

•  a few points to bring up

•  take up the matter

•  enjoy a high prestige

•  It is great to bring the business to a satisfactory end and sign a contract for such a great amount of wheat./fruitful

•  I'll guarantee prompt shipment as scheduled in the contract.

•  We've covered quite a lot of ground already( 取得了不小的进展 ).

•  We've come along way, but there's still a fair few points left over to clear up ( 还有几点须进一步澄清 ).

•  I suggest we pack up now( 结束 , 收摊儿 ).

Part III Negotiation Idioms

in the bag : certain 已成定局

The contract for the new insurance policies are in the bag.

off the record : secret 私下，秘密地

I told my boss off the record that I would not be returning after the summer holiday.

play into one's hands : be or do something that another person can use against you被对方利用

By losing his temper our manager played into the hands of the other side during the meeting.

Part IV Nine steps to agreement

•  The only way to get the best of an argument is to avoid it.

•  Show respect for the other person's opinions.

•  If you are wrong, admit it quickly and emphatically.

•  Begin in a friendly way.

•  Get the other person do a great deal of the talking.

•  Let the other person feel that the idea is his or hers.

•  Try honestly to see things from the other person's point of view.

•  Be sympathetic with the other person's ideas and desires.

•  Appeal to the nobler motives( 从较好的动机着想 ) .

Lesson 11 Complaints claims and settlements

Lead-in: Complaints may sometimes arise in spite of our well planned and careful work in the performance of a contract. Avoiding claims is crucial for the exporter, not only because of the merchandise sales loss and the administrative and legal costs of a claim, but because of greater, long run potential loss of importer satisfaction and good will. When claims do occur, speed and thoroughness in reporting them to all parties involved, and settling them as expeditiously as possible, is essential.

Part I Complaints

A: If a complaint has to be made by the buyer, the matter should be investigated and these details should be laid before the party charged. Sometimes, a reference to the previously satisfactory deliveries and services may help to win more sympathetic consideration of the present complaint.

B: Useful expressions

•  To our great surprise, they are not in proper condition .

•  water-stain

•  On examination we found that the goods do not agree with the original samples

•  It was the inferior material used that caused the quality deterioration .

•  We can't rule out other possibilities.

C: Generally speaking, there are two kinds of complaints made by the buyer:

(1). The genuine complaints, which may arise from the following situations:

•  The wrong goods may have been sent;

•  The quality may not be satisfactory.

•  The quality may have been delivered damaged or late.

•  The prices charged may be excessive, or not as agreed.

(2). There's a complaint made by the buyers who find fault with the goods as an excuse to escape from their contract, either because they no longer want the goods or because they have found that they can get them cheaper elsewhere.

Part II Claims

A: Claim refers to the situation where the injured party claims for compensation for losses in case the contract is breached. For example, the buyer may claim damages from the seller in case the goods are insufficiently shipped, the quality and specifications of the goods shipped are not in conformity with what the contract stipulates, or the goods are damaged because of their poor or substandard packing.

B: Useful Expressions

•  I'm to investigate the matter of your claim for the breakage of the packages.

•  I advise you to claim on the shipping company.

•  entertain the claim

•  The repacking expenses amounted to RMB 5,000.

•  We feel that you should fix up the problems and make it up to us .

•  Your claim should be referred to insurance company as the liability rests with them.

Part III Settlement

A: The best way to deal with claims is to do all possible to avoid having them in the first place. Just as with your personal automobile insurance it might be beneficial in the long run to settle some nuisance claims without invoking all seller's rights, or involving the insurance company, just to keep a clean record and a satisfied customer.

B: Useful Expressions

•  As you know we have been taking legal action against them to resolve our separate problem.

•  We can find an amicable solution to our outstanding question with you.

•  Because of our long association with your corporation we hope to reach a mutually satisfactory agreement.

•  We can't be held responsible for breach of contract.

•  You are back to square one.

•  a hard discussion

•  straighten out the trouble---remove difficulties from

Part IV Negotiation Idioms

pull out of a hat : get as if by magic, invent 得来全不费工夫

We decided to give up on finding a solution to the problems but at the last moment we were able to pull a solution out of a hat.

raw deal : unfair treatment 不平等的对话

The assistant sales manager was given a raw deal when he was forced to give up his positions as chief negotiator.

reach first base : make a good start 开局顺利

We were unable to reach first base over the new pricing policy with our competitors.

Part V Several business customs of America

•  In the U.S. , the rituals involved in exchanging business cards are sometimes not observed as closely as in other cultures.

•  periods of silence during negotiations; they are used to making up their minds quickly and decisively. Often, American business people try to extract an oral agreement at the first meeting.

•  The concept “time is money” is taken seriously in U.S. business culture, so always get to the point. Americans often know little of concepts such as “saving face” and the social niceties and formalities that are vitally important to other cultures. In general, people can be very blunt and will not hesitate to disagree with you.

•  American businesspeople are opportunistic and willing to take chances. Opportunism and risk taking often result in Americans going for the biggest possible slice of the business, 100% if possible.

Lesson 12 Arbitration

Lead-in : In international trade, when no amicable settlement can be made between the buyer and the seller, the disputes may be referred to a tribunal of their own choice. This method of selling disputes is called arbitration, which is regarded as a normal incident of commercial life---a civilized way of resolving the differences of opinions which are bound to arise.

Part I Arbitration

A: Arbitration is a means of settling disputes between the two parties through the medium of a third party, whose decision on the dispute is final and binding. Generally speaking, the parties concerned should pay attention to the following main points concerning arbitration while consigning business contracts:

The contents of an arbitration clause; （仲裁条款内容）

Where to hold arbitration; （仲裁地点）

The application of substantive law; （实体法的使用）

The appointment of arbitrators; （仲裁员的使用）

The writing of an arbitration clause （仲裁条款的写法）

B: Related knowledge

•  parties concerned

claimant 申诉方

respondent 被诉方

arbitrator 仲裁员

CIETAC--- China International Economic and Trade Arbitration Commission

中国国际经济贸易仲裁委员会

CCPIT--- China Council for the Promotion of International Trade

中国贸促会

standing bodies 常设机构

temporary arbitration court 临时仲裁庭

open sessions 公开审理 closed sessions 不公开审理

•  arbitration processing

submit dispute to arbitration

appointment of arbitrators

hearing a case

issue an award

fees

Part II Negotiation Idioms

read between the lines : understand the meaning of something by guessing at what is left unsaid 言外之意，弦外之音

The salesman didn't say exactly that he had no products available but we could read between the lines to see that he didn't have any.

set-back : a delay or handicap 障碍

The bad weather was a major setback in our efforts to get the material delivered on time.

Lesson 13 the Negotiation of Various Trade Forms

Lead-in : In international trade, various kinds of trade forms are practiced. Which form is preferred depends on the mutual profit under specific situation. In this lesson, we'll see how the negotiator won the more in negotiating different forms of trade.

Part I Agency

A: An agent is actually a person who has authority from another person, his principal, to act on his principal's behalf and to enter into business relations with the customer. In foreign trade, agents often play a very important role. If an export transaction is made through an agent, a certain percentage of commission is conventionally paid by the seller. Generally speaking, the commission is paid to the middleman by the seller after he has received the due payment of the goods sold.

B: Useful Expressions

•  leading wholesalers and retailers

•  I have been sent here to sign a sole agency agreement with you for a period of 3 years, as it is to our mutual interest and profit .

•  The total amount of your order last year doesn't warrant sole agency appointment, unless you increase the turnover .

•  That's really a hard bargain .

•  As the sole agent, there will be no competition, which means bigger sales and more profits.

•  You will be authorized to sign contracts with customers on our behalf, but all orders shall be transmitted to us for supply direct.

•  The commission will be payable every four months on the amounts we actually receive.

•  You will be entitled the same rate of commission.

•  We reserve the right to terminate the agency if the sales fall below the minimum value over a certain period.

•  on all canned food.

•  Our next major concern would be the terms of dealership and terms of commission.

•  You could be a sort of importer wholesaler, holding stock for us and distributing our goods throughout the country.

•  Our commission is usually given as a percentage of the total value of a transaction.

•  We'll be bringing up more details and preparing to draw up the contract .

•  Do you think of choosing a commission representative or agent abroad to promote your sales?

•  We allow you a higher commission rate if your sales score a substantial increase.

•  We may deduct the commission from the invoice value directly or remit it to you after payment.

C: Related phrases

a sole distributorship agreement 独家经销协议

a high pressure distributor 一位得力的经销商

second to none/next to none 独一无二，首屈一指

guarantee you the sales you deserve 保证你能够实现理应得到的最大销售额

Let's get down to business straight away. 咱们言归正传吧！

launch/mount a huge nationwide campaign 在全国范围内发起一场推销运动 / 高潮

exclusive distributorship 独家经销权

There's no place for sentiment in business. 生意场上不能感情用事。

establish a network of distribution channels 建立一个分销网

for a trial period of one year 先试行一年

have spelt out all the obligations and provisions 已经明确了所有的义务和规定

C: Translating exercise concerning agency

•  We wish to sell our hand tools in your country, and should like to be put in touch with a company or individual who would be willing to represent us.

•  In view of the development of agriculture here, there is an enormous potential market for your agricultural implements. Since we have been dealing with you in this line for many years and have offices or representatives in all major cities and towns in this country, we are confident that our capacity will justify your appointing us as your sole agents.

Part II Compensation trade

A: compensation trade is the trade in which the local company or manufacturer is able to pay for equipment or technology with future deliveries of products directly produced with the imported equipment or technology.

Compensation trade covers the following categories:

•  Direct product compensation. This refers to repayment of the cost of the imported capital goods with products produced directly with the equipment or of the production line supplied by the foreign company.

•  the imported capital goods with products wholly or partially produced with equipment other than imported.

B: Useful Expressions

•  We are lacking in foreign exchange .

•  We can consider undertaking compensation trade. Which do you prefer, buyback or counter purchase ?

•  Total compensation and partial compensation trade

•  We'll complete the payment within three years from the commencement of production.

•  Balance the foreign currency

•  I'd like to add that we provide you with easy-worn-out spare parts and components free of charge.

•  We agree in principle to offset the value of our equipments and technology.

•  The prices of countersale products shall be determined according to the prevailing world market prices at the time of each shipment.

C: related sentences

•  At present, medium-sized compensation deals, especially those aiming at utilizing our existing factory facilities without the need of heavy investment and yet ensuring quick increase in export earnings to finance the import of equipment will be given top priority.

•  A certain percentage of the sales proceeds of each consignment of the products will be used as installment payment. For details, we may have further discussions later.

Part III Joint Venture

A: “Joint venture” is the term generally used for an arrangement between foreign and domestic investors establishing a new corporation for the purpose of producing goods or carrying out other operations (e.g. the construction and provision of technical services)

At present, there are mainly three types of joint venture in operation.

•  Equity joint venture

•  Contractual joint venture

•  Foreign direct investment (FDI)

B: Thinking questions

•  The advantages enjoyed by China in doing joint ventures (get the answer from the conversation in the text) or Why is it favorable to make an investment in China ?

•  The responsibilities each party should undertake under different forms of joint ventures.

•  How to start a joint venture in China ?

C: Useful expressions in negotiation

•  Our company is a securities institution. We help enterprises and companies to issue stock shares or bonds, and we also look for some profitable areas for direct investment.

•  exchange and advance technology to China while cashing in on its vast market potential and low labor cost.

•  priority industries and designated investment area 重点产业和限定的投资领域

•  tax incentives and other preferential treatment 税收减免和其他优惠待遇

•  screening criteria 审批标准

•  in priority sectors in terms of industry, and in export-oriented and technologically advanced projects 在优先发展的产业部门，出口导向型和技术先进的项目

•  possible business structures and entities 可能的企业组织形式或实体

•  Sino-foreign joint-ventures and wholly foreign-owned enterprises

中外合资企业和外商独资企业

•  equity joint ventures and cooperative contractual joint venture

股权合资企业和合作企业

•  Profit distribution and management responsibilities are determined by the proportion of total registered capital contributed by each party/partner's investment ratio. 合资企业的利润分配和管理分工是由投资各方在注册资本中所占的比例决定的。

•  distribute profits both in cash and in venture output

利润的分配可以采取现金和产品两种形式

Part IV Barter Trade

A: Barter trade refers to the direct exchange of goods for other goods, without the use of money as a medium of exchange and without the involvement of a third party. So to carry out a barter trade, all the three parties have to open L/C against one another. And usually there is no risk involved with the one who first opens his L/C.

B: Thinking questions

•  Under what situation do the businesspeople prefer this form of trade?

•  Did you get a clear understanding of the “triangular trade” mentioned?

•  How about the terms of payment? Who should open L/C?

C: Useful sentences

•  We're running out of foreign exchange this year. We need to come up with a solution.

•  We deal in diversified items..

•  Total import of mutton roughly equals your sales of textile products, though this trade will be carried out separately between two of the three parties.

•  Is party who first opens the L/C taking some risk?

•  The problem of our shortage of foreign exchange can be resolved while urgent requirements of both sides can be met.

•  For the time being, I would particularly stress the fact that British pound is going up sharply against Chinese yuan.

Part V Consignment Trade

A: Consignment sale is a trade pattern of which an exporter consigns his goods to an importer for sale.

consignment sale to his consignee. The consignee will sell those goods at his local market under the contract. After all the goods are sold out, the consignee deducts his commission and other expenses from the sales profit and mail the rest in a way stipulated in the contract to the consignor.

B: the introduction of “future trade”

Future trading originated from forward contract, which were used by producers and buyers of agricultural commodities to protect themselves against seasonal price fluctuations. Gradually, these forward contracts were bought and sold many times prior to the physical delivery.

take a position 购进期货

go long 买卖期货

go short 卖空

Part VI Call for a bid

A Bid refers to a price offered in order to buy something, especially at an auction. In international trade, bidding is made to get the best price from those buyers or service providers. Usually the one who offers the lowest price or highest price will become the bidder.

Part Ⅶ Negotiation Idioms

smooth over : makes something seem better or more pleasant 缓解

We tried very hard to smooth over the problems between our boss and the other president.

start/get the ball rolling : start an activity, begin 带头开始

We decided that it was time to get the ball rolling so we began the meeting at once.

stick to one's gun : defend an action despite an unfavorable reaction 坚守阵地

We stuck to our guns during the meeting and asked for more time to consider the proposal.

Part Ⅷ Negotiating across cultures

The issues to consider before entering into international negotiations are cultural influences, cultural types, and cultural variables.

The international negotiator must be careful not to allow uninformed cultural stereotypes---as opposed to realistic assumptions based on an honest appreciation of the culture---to determine his or her relations with local businesspersons.

Typical cases: no clock to Chinese businessmen; to those Japanese, it is a bad form to give one's Japanese counterpart gifts of greater value than those received; the Israeli prefer direct communication while the Egyptian prefer indirect forms. The Egyptians interpret Israeli directness as aggression and are insulted; the Israelis view Egyptian indirectness with impatience and consider it insincere. ( 埃及人认为以色列人的直率是一种咄咄逼人，令人生厌，以色列人认为埃及人的迂回是绕圈子，不诚恳 )

Part Ⅷ Practice

After learning the various forms of trade, try to compose a conversation. State clearly why you choose that trade form to do business.

Lesson 14 Quota

Lead-in : Quota is a limitation on the quantity of goods that may be imported into a country from all countries or from specific countries during a set of period of time. Quota is usually expressed in terms of either physical quantity or value. For example, a quota that states that no more than 500,000 Class A deluxe cars can be imported from Europe each year is a restriction stated in terms of physical quantity. Meanwhile, a quota that restricts the importation of certain types of Japanese glassware to no more than $1,000,000 worth a year is stated in terms of value.

Part I Useful Expressions

pursue the Global Quota policy: import from whatever country or region

The government practices a national quota system for each country.

I can't make out how much the quota would be for our company.

Question: How can an export company obtain the quota to the specified regions?

Part II Negotiation Idioms

take sides : join one group against the other in a debate 支持某一方

I was very careful not to take sides in the discussion regarding the new chemical prices.

talk into: persuade 劝说，说服

We tried very hard but we were unable to talk the other members of our team into delaying the meeting until next week.

Lesson 15 Import license

Lead-in : China practices the import license management system whereby the goods the importation of which is restricted by the State shall not be released unless the importer produces validated licenses.

The basic procedures of applying for an import license are as follows:

•  The importing enterprise applies for the import license.

•  The importer arranges for the importation through the service of importing agents or by himself.

•  The customs releases the goods against the presentation of the import license.

Part I Useful expressions

adopt a special license system

impose new restrictions on cloth imported

regions nominated by the government

depend on the government's regulations

protect the national industry

be strict on the control of imports

general license / specific license

Part II Negotiation Idioms

talk out of : persuade not to do something 劝止

I tried to talk our vice-president out of offering a price that was too low but he wouldn't listen to me.

throw a curve : mislead 误导

The purchasing department manager threw us a curve when he said that they wouldn't need any of our products until next year.

Lesson 16 Registration of Trade Marks

Lead-in: A trademark identifies that a firm has legally registered its brand name or trade name so the firm has its exclusive use, thereby preventing others from using it. When a country exports its products to another country, it must be aware of the cultural differences so than its trademarks will not mislead the consumers in that country.

Ask the students to think out as many brands as they can, both of China and foreign countries. Among them, enlighten the students to find the cultural conflicts.

Negotiation Idioms

to the letter : exactly 不折不扣地；严格地

The chief negotiator for the union followed the contract agreement to the letter.

trump card : something kept back to be used to win success if nothing else works

王牌

Although we appeared to be very weak during the meeting we had some secret information as our trump card.

turn thumbs down on : reject 拒绝

The other negotiating team turned thumbs down on our wish to postpone the meeting until tomorrow.

Lesson 17 In the restaurant Lesson

以东道主的身份设宴款待外国人时，需要注意的问题主要有菜单的选定、就餐的方式、宴会的位次、用餐的环境，等等。

可有用以宴请外国人的菜肴基本上可以分作下列三类 ：

其一，是具有民族特色的菜肴。通常，春卷、元宵、水饺、龙须面、扬州炒饭、清炒豆芽、鱼香肉丝、宫保鸡丁、麻婆豆腐、咕老肉、酸辣汤。

其二，是具有本地风味的菜肴。在饮食方面讲究的是 “ 南甜，北咸，东辣，西酸 ” 上海的 “ 小绍兴三黄鸡 ” ，天津的 “ 狗不理包子 ” ，西安的 “ 老孙家羊肉泡馍 ” ，成都的 “ 龙抄手 ” 、 “ 赖汤元 ” ，开封的 “ 灌汤包子 ” ，云南的 “ 过桥米线 ” ，西双版纳的 “ 菠萝饭 ” ，都在国内久负盛名。 · 

其三，是外宾本人喜欢的菜肴。宴请外宾，在有条件的时候，在以中国菜为主的同时，上一些对方所钟意的家乡菜。

Part I Useful expressions

Sichuan cuisine is mainly made up of spicy and hot food, while Guangdong cuisine uses various kinds of seafood.

川菜主要由辛辣食品组成，而粤菜主料是海鲜。

May I take your order now? 现在可以为您点菜了吗？

taste lighter 吃起来清淡些

Would you like your steak rare, medium or well done?

您的牛排是要嫩的、适中还是全熟？

Do you have any specialties? 你们有什么特色菜吗？

Can I pay with a credit card? 能用信用卡付吗？

May I take a print of your card? 我得刷一下您的卡。

We know how to prepare meals for Moslems.

我们知道怎样为穆斯林教徒准备配餐。

Part II 就餐举止十忌

其一，是在用餐时口中或体内发出巨大的声响。

其二，是在用餐时整理自己的衣饰，或是化妆、补妆。

其三，是在用餐期间吸烟。

其四，是再三劝说别人饮酒，甚至起身向别人灌酒。

其五，是用自己的餐具为别人夹菜、舀汤或选取其他食物。

其六，是乱挑、翻拣菜肴或其他食物。

其七，是用餐具对着别人指指点点，或者把餐具相互敲打，搞得铿锵作响。

其八，是直接以手取用不宜用手取用的菜肴或其他食物。

其九，是毫无遮掩地当众剔牙。

其十，是随口乱吐嘴里的不宜下咽之物。

Part III Different negotiating styles of different cultures

Americans: The American style is very direct and they try to demand the same from counterparts. Generally, Americans openly disagree and use aggressive persuasive tactics such as threats and warnings. Americans tend to make concessions throughout the negotiations, settling one issue, them proceeding to the next. Thus the final agreement is a sequence of several smaller concessions. Within the American culture, great respect is attached to economic success. There is concern to acquire the symbols of material success.

美国人的风格是办事直率，并希望对方也能做事爽快。一般说来，他们往往不太顾及对方，在气势上咄咄逼人，对不同意的方面公开表示反对，甚至使用威胁、警告等手段。美国人喜欢以谈判的形式迅速切题、解决问题、然后进入下一个环节。他们通常不是孤立看中单一项目，而是全盘平衡，因此他们最终做的让步很小。在美国文化中，人们追求现实的经济利益，关注物质财富的积累。

The American s style of negotiating is possibly the most influential in the world. It is characterized first by personalities which are usually outgoing, and quickly convey sincerity. Personalities are confident and positive and readily flow into exuberant conversation. The negotiator enters the negotiating room confidently, talking assertively.

美国人的谈判风格可能是世界上最具影响力的一种，他突出反映了他们性格外向，尊重个性的特点。他们谈判认真诚恳、重视效率、有着与生俱来的自信和优越感，他们总是非常自信地步入谈判会场，不断发表自己的意见和观点。

Part IV Negotiation Idioms

under the wire : at the very last moment 最后关头

We were unable to finish the necessary documents and send them off to the lawyers right under the wire.

water down : change and make weaker 淡化

They tried to water down our proposal for the new quality control system.

Lesson 18 Airport Departure

Lead in : When traveling by air, make sure that you arrive at the airport early enough to allow check-in time (45 minutes). All flights, national or international, operate on local time. Before you board a plane, be sure to have your boarding pass with you and your luggage within weight limit.

Part I Useful Expressions

Do you want a first class, business class or economy class?

你要头等舱，公务舱还是经济舱的座？

We haven't any discounts available as it is high season. 因为是旺季，没有折扣。

One way or return? 单程还是往返？

regular flight 定期航班

Part II Negotiation Idioms

wind up : bring or come to an end, finish 结束，收摊

The meeting wound up about midnight and we were able to go home.

wrap up : finish (a job) 完成

The two sides had already wrapped up a couple of deals by dinnertime.