What is a solid offer? Businessmen, to regulate their activities, quite often use the help of specialized tools. And it is the offer agreement that is one of such means. Simply put, this agreement satisfies certain specific requirements of the parties during the conclusion of the transaction. We will consider this topic in more detail below.
The concept of a solid offer
The first step is to understand the definition of the term being studied. In simple terms, a solid offer is an offer from the seller to the buyer to sell the goods on certain conditions that the seller puts up. The question arises: "How is it different from ordinary advertising." The difference lies precisely in the fact that a solid offer is a proposal containing specific and specific requirements that, according to the offeror, are needed to inculcate interest in your product. For example, a certain cost of goods, periodization of delivery and other necessary information and aspects.
Also, the offer agreement is used as protection when dividing the market between influential companies.
Kinds
The basic types of offers are: solid offer and free. The first is a document that indicates the initiative to sell a product from the seller to the specific and only buyer. The validity period of a solid offer agreement varies and depends on the demand for the goods. More demand - shorter period.
In the event that the buyer agrees, he will send a response in writing or to the counteroffer, where his own conditions are indicated, and awaits a response. If the seller agrees to the terms and conditions, then the offer is accepted with a written notification of the buyer. In a situation where the seller does not agree, a notification is sent to the buyer that the seller is free from the obligations of the offer, or a second contract, taking into account all the requirements.
The absence of any response from the buyer for a certain period of time amounts to a refusal and relieves the seller of the obligation of the offer. The product can be offered to another buyer only after the previous failure and exclusively on the original conditions.
The transaction will be deemed to be concluded only after the buyer's consent and confirmation of the agreement by the counter-seller.
A free offer is a document that is issued for the same type of product for a number of buyers or customers. At the same time, the seller is not bound by the offer and the deadline for giving an answer is not set.
But it is important to remember that you should not issue too many such documents. Impression of the desire for an early sale of goods will not suit anyone.
The approval of the buyer's transaction is confirmed by a counter-offer with the statement of conditions. With the consent of the seller, the document is accepted and a notice is sent to the buyer. The contract is concluded and both parties are required to fulfill all conditions. Prior to the conclusion of the contract, the seller has the right to withdraw the offer, if the contract does not indicate that it is unrequited.
Solid offer. Sample letter filling
The offer letter is written both at the initiative of the seller and in response to the request. The preparation of the document can be carried out both during the negotiations of the parties, and by telephone.
The conclusion of the transaction is considered the adoption of the document and all the conditions set forth. Communication between the parties to the contract may be made until a final decision is made.
The structure of the proposal is equivalent to the generally accepted model of writing in a business style.
Terms and conditions of the offer
The offer must comply with the following conditions:
- Clear and clear description of the terms of the transaction and the requirements of the seller.
- It is mandatory that there is a clause on the seller’s obligations to the buyer.
- The content should include: the subject of the transaction, the name and price of the goods, basic information about both parties and other necessary information.
- Mandatory indication of the addressee.
- It is allowed to register a call for the purchase of goods at a specific and fixed price (a variant is possible when the price can be indicated as “store dependent”).
- Indication of a specific law, if used in the preparation of the agreement.
Features
Any offer has its own nuances:
- The content should contain only essential requirements and conditions.
- From the moment the buyer receives the offer, he is associated with the seller.
- In the event that a notice of revocation of a document is received earlier or in a timely manner with an offer, the latter shall be considered not received.
- If the offer does not specify certain conditions, the addressee cannot withdraw the document before the specified deadline for confirmation.
Acceptance of the offer
Acceptance - a response on the acceptance of an offer from the person who received the document:
- The answer can only be complete and implicit.
- Silence cannot be recognized as acceptance of the offer, unless it is described by law or the terms of the previous relationship of both parties to the contract.
- Acceptance may be considered the performance of all actions specified in the contract (shipment of the product, performance of services, payment, etc.), within the time period established for confirmation, if this does not contradict the instructions in the offer and relevant laws.
Validity
The validity period of the offer is the period of time in which the recipient of the document must confirm it or reject it.
Most of these contracts are irrevocable and have a limited duration. Within the specified period, the buyer is obliged to give an answer, and the seller has no right to withdraw the offer. If no response has been received, the transaction shall be deemed not concluded. There are also revocable offers. The principle is the same, but the difference is that the seller has the right to withdraw the document in due time.
The validity period is usually regulated by law in cases where the transaction relates to property. As an example, you can give a fixed period of thirty days when acquiring a land plot.
Practical examples
A certain company advertises its product. It is the response to advertising that will be the offer (public). Consequently, the seller may refuse potential buyers and not produce an offer contract.
One company billed another. The second pays for it. The delivery of goods is carried out. Delivery is fixed by the act of work or waybill. In that case, a cash account is a TO document, payment is a confirmation (acceptance).
A simple example of a solid offer is a loan, which was approved by the bank and was offered to the client. In case of consent, a transaction is made, necessary operations are performed.
A legal entity receives a contract that is signed by a second party (supply contract). The deadline for adoption is a week. A similar contract is an offer. If the legal entity subscribes to this project and sends a notice of consent, then this is an acceptance. In case of refusal, either a notification is sent, or the so-called "silence" occurs. The signing of the amended contract will be considered a counter-offer, which the other party may accept or reject.