Case playback:

　　In March 18, 2009, the Swiss A company as the seller and the Chinese company B as the buyer sign a contract for the sale of high quality hot rolling in china. The contract is the use of B companies usually use pre-printed format contract, agreed in the contract dispute applicable "United Nations Convention on Contracts for the international sale of goods". The parties in the contract, delete "part of the contents of the terms of payment", and agreed "within 150 days after the date of bill of lading and irrecoverable letter of credit, the annual interest rate of 7%, the seller is responsible for. In 2009 March 28 recently opened the letter of credit". But this is printed in the text "the buyer has received the notice of shipment is expected in a number of dates and prepare shipping after, should be in the 20 days before shipment, by * * bank of China opened in favor of the seller not revocable letter of credit, the credit available by sight" and other words was not deleted. The contract shortly after, on behalf of B company and A company oral consultation cancel this single trade. In April 16, 2009 and 23, A company sent a fax to B company, request the issuing and show that due to the consequences of revocation of the contract shall be borne by the company B. The number of unsuccessful negotiations, A company B company compensation due to failure to perform the contract of sale, the cancellation fee caused by the expected profit loss, withdrawal, communications fees, travel expenses, loss. B company thinks, after both oral negotiation, contract revocation. Even without the revocation of the contract, in accordance with the general practice of international trade, letter of credit transaction under the general rules and not deleted "payment" part of the content, in A company did not fulfill the obligation of notification delivery situation, B company without the issuing obligations, not to mention the liquidated damages.

　　Intensive analysis:

　　Based on the feasibility study and strategic choice, international entrepreneurs need to identify partners, and to communicate, communication, negotiation and compromise with the signing of the contract, international business, and lay the foundation for the implementation of the strategy of international entrepreneurship. Compared with the domestic business, there exists great difference of the host country of traditional culture, economic and legal system, international business a greater uncertainty faced in the process of contract negotiations and contract. In order to strive for a better negotiating position, the entrepreneurs should not only before the negotiation in fully prepared, and used to pay attention to confrontation, strategies and skills of negotiation on the seat, but also in the time of the conclusion of the contract as thoughtful, reasonable terms, the maximum to avoid risk.

　　In this case, "in accordance with the relevant provisions of the United Nations Convention on Contracts for the international sale of goods", B company under the sales contract trades by mutual verbal confirmation of cancellation of appeal can not be established. The contract to increase the "payment" clause is the special terms, supplementary provisions rather than the original terms, its effect is better than the standard contract clauses. The format of the contract was not deleted "payment" part of the contents, should be technical reasons, has been replaced by the new terms agreed by the parties. The two sides agreed to the "terms and conditions", without any preconditions or issuing hints. B company fails to open the L / C, A urged not to open constituted a fundamental breach of contract, compensation for loss of profits, the company shall be A single loss, withdrawal and bear the loss, A, communications, travel and other expenses loss.

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