Business negotiation case 0 1
In March, 20001year, a domestic company (hereinafter referred to as Party A) signed an equipment import contract with a Canadian company (hereinafter referred to as Party B). According to the contract, Party A opened an irrevocable letter of credit at sight in favor of Party B on April 30, 2006.
The letter of credit requires Party B to provide a full set of clean on-board bills of lading when submitting documents.
On June 1 2006, Party A received the payment notice of import letter of credit from the issuing bank. After reviewing the negotiation documents, the business personnel of Party A found the following doubts in the bill of lading submitted by Party B:
1. The signing date is earlier than the shipment date.
There is no "on board" on the bill of lading.
According to the above doubts, Party A considers the bill of lading as a standby bill of lading and takes the following measures:
1. Submit discrepancies to the issuing bank and refuse to pay for the goods.
2. Submit a request for filing a fraud case to the relevant judicial organ.
3. Query the delivery information to determine whether the goods have been delivered.
4. Send a written notice to Party B, raise Party A's questions and ask the other party to make a written explanation.
After receiving the notice from Party A and the letter of refusal from the issuing bank, Company B knew the seriousness of the matter, made a written explanation to Party A, and unilaterally emphasized the responsibility of the shipping company. In this case, Party A's company once again sent a letter to show its position, and pointed out that Party B's failure to arrive in Hong Kong within the time limit stipulated in the contract and arrange debugging has seriously violated the contract and caused incalculable actual losses to Party A. Party B is required to send people to negotiate and solve the problem in time, otherwise Party A will take necessary legal measures to solve the dispute between the two parties. Party B sent people to China in July 2006. After Party A produced sufficient evidence, Party B admitted that the goods could not be shipped at the time stipulated in the contract for various reasons, and at the same time admitted that the bill of lading it submitted was a standby bill of lading. Finally, through negotiation between both parties, Party B agrees to reduce the price by 40,000 dollars on the basis of the total payment of 65,438+250,000 dollars, and provide free maintenance service for three years as compensation. It also agreed to cancel the letter of credit and change the payment method to telegraphic transfer after the goods arrived at the port of destination.
case analysis
The focus of this case is that the bill of lading in the negotiation documents submitted by Party B to the bank does not meet the requirements of clean on-board bill of lading stipulated in the letter of credit. Because it is impossible for Party B to submit the documents that meet the requirements to the negotiating bank of the letter of credit within the time stipulated in the letter of credit according to the actual business operation, it is lucky to negotiate with the prepared bill of lading as a formal clean bill of lading. Don't you know that this practice not only violates the relevant requirements of the contract, but also constitutes fraud, and the actor should not only bear civil liability, but also bear criminal liability.
1. It is clearly stipulated in the contract and the letter of credit that the bill of lading in the negotiation document must be a complete set of clean on-board bills of lading.
2. After receiving the negotiation documents, carefully review the relevant documents and confirm that all documents meet the requirements of single conformity and single conformity.
3. Carefully check every detail in the bill of lading to ensure that the received bill of lading is a complete set of clean on-board bills of lading.
Standby bill of lading: It is a bill of lading issued to the shipper by the carrier while receiving the consigned goods and waiting for shipment. This kind of bill of lading often does not indicate the name of the ship and the date of shipment is not clear. Some standby bills of lading indicate the name of the ship, voyage and date of shipment, but they are not? Has it been delivered? Words. The latter situation is quite confusing in the actual business process, and this is the case in the above case. In international commercial trade, buyers and banks generally do not accept prepared bills of lading, but what if the prepared bills of lading are marked with the carrier? Has it been delivered? The words indicating the name of the loading vessel and the date of shipment may also be changed into on-board bills of lading after signature and certification.
Advance Bill of Lading: At the request of the shipper, the carrier issues the on-board bill of lading in advance knowing that the goods have not been shipped, with the intention of convincing the holder of the bill of lading that the goods and money have been taken away by the shipper, depriving the holder of the bill of lading of his rights according to law. The characteristics of this bill of lading are: the goods have not been shipped, but the bill of lading contains? Has it been delivered? Words; It is more deceptive and hidden than the prepared bill of lading.
Counterbill of lading means that the carrier advances the actual loading date at the request of the shipper. Its characteristic is that the goods have actually been loaded, but in order to meet the requirements of the contract or letter of credit, the shipper requires the carrier to advance the loading date and signing date of the bill of lading.
Special attention must be paid to standby bills of lading. Has it been delivered? Because it usually has an advance bill of lading? Has it been delivered? It is difficult to identify the authenticity of the text, only by comparing whether the beneficiary submitted the documents to the negotiating bank before the date of the bill of lading, whether the shipment time was later than the date of signing the bill of lading, or through the flight schedule and announcement in the ship. These two bills of lading can only find out the discrepancies of the documents by the above methods and then refuse to pay, and then solve them through negotiation, arbitration or judicial procedures; Backdated bill of lading? Has it been delivered? The fundamental difference between the bill of lading and the advance bill of lading is that its signing behavior is implemented after the goods are shipped, while the advance bill of lading is before the goods are shipped. Because the reverse bill of lading is actually a shipped bill of lading, the carrier only advanced the shipment date of the goods and the signing date of the bill of lading, which is difficult to find in the process of reviewing the bill of lading; Even if the bill of lading is confirmed as a reverse bill of lading through the shipping announcement or the log book of the actual shipping ship, the applicant cannot refuse to pay for the goods because Article 500 of the letter of credit clearly stipulates that the bank is not responsible for authenticating the documents. In this case, only through judicial procedures can we apply to the court to issue a stop payment order and implement property preservation. Only in this way can the issuing bank have the right to refuse to pay.
Business negotiation case 02
Australian company A, German company D and China company C are discussing joint investment in talc mine in China. China Company C wants to control the source of export, but it can't invest cash in this cooperation, and only wants to invest manpower and intangible assets.
Representatives from Company A and Company B visited and inspected mines in China, and Company C actively sent people to cooperate and accompany them. The whole schedule was well-planned and effective, meeting the requirements of Company A and Company B in a limited time?
The two sides discussed the mode of cooperative investment at the preparatory meeting and the summary meeting.
Company A: Our company is a professional company of large-scale talc products, and its products occupy a considerable share in the international market, especially in fine talc products.
Company B: They invested in China, but failed. They are arguing, but they think that China is rich in resources and has a big potential market, and they really want to find a partner to start over.
Company C: You have found the right person. Thank you for attaching so much importance to our company. How do you want to cooperate with our company?
Company a: our company is going to look for it in China? A reputable and capable big company will jointly invest in China mine.
Company C: Our company is an exporter of talc. If we want to invest, we need the approval of the group. According to the recent development plan of our group, this industry is not the focus of investment.
Company B: We understand your situation, but Company A has the intention to invest in China. Because of the first failure, this investment was very hesitant.
Company C: Indeed, China is a place with unbalanced investment environment. Some areas are developed and some areas are underdeveloped. It's very good to ask for money, but it's not like that after the money is changed. Mining investment, in particular, has a great relationship with geological conditions. When the deposit spans different towns and villages, there are also ownership problems. In the past, we have encountered such problems as geological exploration, selection of mining partners, national policies, humanities, commercial laws, markets and other issues that foreign businessmen need to solve. These all affect the investment cost and success or failure.
Company A: What you said is exactly what we were worried about. We hope that companies like yours can solve these problems.
Company C: Our company is an international company and works according to international standards. Although we come from China, we believe that international cooperation between China enterprises and foreign investors is an important condition for China's economic development.
Company B: It would be very meaningful if your company could participate in the cooperation.
Company C: We just talked about your side.
Sample investment, but we appreciate your courage to invest in China. As a China company, we are willing to help. However, we will not invest in cash, but we can invest in our goodwill and help solve the above problems.
Company A: Your investment is also meaningful.
Company C: If you think it is valuable, I suggest you make a list and make an offer. When you negotiate a joint venture with a mine in China, can we do it with you? Party negotiations. Our share in the joint venture will be drawn from yours.
Company B: Your suggestion can be considered.
Company C: If you agree with the way of our cooperation, please provide an agreement scheme to determine the relationship between the two parties, so as to facilitate future work.
Company C: I'll give you a written reply after I report back to China.
Three weeks after the representatives of Company A and Company B returned to China, they called Company C and agreed that Company C would use its goodwill and services to become shareholders. Company C successfully negotiated the scheme, ensured the export supply and avoided the emergence of gold stocks.
Question:
What strategy did 1.c company use in the negotiation?
2. How about the negotiation between Company A and Company B?
3. A, B and C: How to evaluate the negotiation results of the company?
Analysis:
1.c company adopted satisfaction strategy, face-to-face meeting strategy and training strategy. If accompanied by hospitality, let it be satisfied; Small-scale honest conversation? Head to head; Talking about policy and practical difficulties? Train the general.
2. Both Company A and Company D have used the strategy of meeting, shielding and pressing step by step. For example, small-scale talks; Ask for instructions and report; Insist on the capital contribution of company C first, and then talk about the problem of convincing people to share O.
3. The negotiation results of Party A, Party B and Party C have reached the expected minimum target. Company A and Company B asked Company C to participate in the investment, and Company C agreed. Company C didn't want to use cash, and the service investment was basically realized.
Business negotiation skills
(1) At the beginning of the negotiation, discuss the problems that are easy to solve first, and then discuss the problems that are easy to cause controversy.
(2) If we can relate the problem being debated with the problem that has been solved, we will have a greater chance to reach an agreement.
(3) The expectations of both sides are closely related to the outcome of the negotiation. They wait for an opportunity to send information to the other side, influencing the other side's opinions, thus affecting the outcome of the negotiation.
(4) If there are two messages to be sent to the other party at the same time, one of them is more pleasing and the other is less pleasing; You should let him know better news first.
(5) Instead of emphasizing the differences between the two sides, let the other side understand and accept the same situation.
(6) Emphasize the favorable conditions for the other party in the contract to make it easier to sign the contract.
(7) first reveal a message that makes the other person curious and interested, and then try to meet his needs. This kind of information should not be threatening, otherwise the other party will not accept it.
(8) It is more effective to talk about two sides of a question than just one side.
(9) Wait until the other party raises objections in the discussion, and then put forward your opinions.
(10) Usually, an obedient person will remember the beginning and end of what the other person said, but it is not easy to remember the middle part clearly.
(1 1) The end is more impressive than the beginning.
(12) Instead of letting the other party draw a conclusion, it is better to state it clearly yourself first.
(13) Repeatedly explaining a message can make the other party understand and accept it better.
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