Offer, offer... What is this? Many people, listening to the radio or reading magazines, come across this word. But not everyone understands its meaning. Therefore, we bring to your attention the article, in more detail telling about the essence of the offer, its types, proper execution, as well as what happens for failure to fulfill the points specified in this document.

Offer – what kind of “beast” is this? In simple words

Simply put, an offer is a purchase and sale agreement. But the agreement is not quite ordinary. In an offer, as opposed to a contract, in unilaterally only the most essential conditions her conclusions. While the agreement carries with it a very full information about the services provided or goods offered and is concluded by both parties.

However, if in Russia and European countries the essential terms of the offer are prescribed without fail, then Anglo-American law states that if the consumer has a clear understanding of the terms of the transaction, then these terms may not be reflected on paper.

Another feature of such an agreement is that it comes into force immediately after the consumer’s consent and acceptance is received. In the same Anglo-American law, there is an unspoken “letterbox rule”. It is as follows: an offer can be considered concluded when consent to it is sent directly to the mailbox of the person who submitted the offer.

By the way, silence, which is usually considered a sign of consent, is not considered consent in the case of an offer. That is, if the document itself is presented in writing, then the consent must be formalized accordingly. However, due to the fact that in different countries If traditions and laws differ slightly, then most often the offer clearly indicates the period during which an agreement of this type can be concluded.

How to make an offer?

Naturally there are generally accepted rules drawing up the offer specified in legislative framework. They guide all physical and legal entities, constituting a contract of this type.

• Immediately before drawing up an offer, you need to thoroughly think through all the conditions. It’s better to first make a draft, put the necessary marks on it, and then just get started.
• In general, according to the type of preparation, an offer can be written or oral. When using the first option, the offer can be presented either on the company’s letterhead or in any form. Very often this is done like this: take a blank sheet of paper/form, in the right top corner the addressee is indicated, and at the very bottom of the sheet, in the center, write “Offer”.
• Further it is written, in fact, itself Commercial offer.
• Then, which is a very important point, the terms of the contract are indicated. The result ultimately depends on them. If this is any service, then you need to describe its advantages and why it is needed by the person to whom the offer is offered. If this is a product, then its name (preferably according to GOST) and main characteristics must be indicated.
• After everything has been written, the document specifies the conditions for the provision of services/delivery of goods and methods of payment - non-cash or cash.

Main types of offers

Many people believe that an offer is only public. This comes from the very frequent use in the media of the phrase “is not a public offer.” This type of agreement will be discussed a little later. People close to business and sales identify three more types of offers:

I would like to say a few words about the irrevocable offer, or more precisely about how issuing companies use it. This is done in order to enable the shareholder to pay off the cost of the security he purchased.

By the way, with the help of irrevocable offers, both the issuer and the shareholder can control the price of shares and possible risks– interest and credit, respectively. The date of the bond offer is agreed on initial stage and then it doesn't change. The cost of the bond and the procedure for its redemption are determined by the investor and the issuer.

Public offer rules

The public offer differs significantly from the previous ones. It can be isolated from the flow of documents according to three main characteristics:

• in an offer of this type, all essential conditions are included without fail;
• persons interested in concluding such an agreement must understand the responsibility they assume;
• the person signing the offer fully agrees with all its terms, without discussing them.

What does not apply to a public offer?

In the legislation of almost all countries, advertising of any products and services is not considered a public offer, since it does not contain specific proposals. If there are any, such advertising is recognized as an offer and, according to the law, is valid for two months from the date of its creation (however, the advertiser himself can set any validity period for the offer). With this formulation of the question, the contract of this type may be concluded, but all responsibility for its execution lies with the advertiser/seller.

Once again about acceptance

As already mentioned, acceptance is the consent of the potential buyer of a product/service. The acceptance can be presented either on paper or in orally. Also, any actions on the part of the buyer of a product/service that partially meet the terms of the offer are considered acceptance.

But legally, an offer can be concluded if the parties fulfill all clauses of the offer in full. As for any seals and stamps, they are affixed only at the request of the parties.

What do violations of a public offer lead to?

In general, any offer, including a public one, is interpreted by the laws of different countries as a legal document. Therefore, violation or any failure to comply with the conditions specified in the public offer is subject to rather severe sanctions.

A violation of the offer may be a banal overestimation of the cost of the goods. That is, if a product is purchased at a retail location at one price, but a receipt with a completely different price is issued at the checkout, then the buyer has the right to contact the store administration to resolve the situation.

In this case, the probability of selling the product at initial cost very high.

If things don’t work out with the store’s management, then there is the option of reporting a violation by making an appropriate entry in the Book of Complaints and Suggestions. In principle, you can go even further: take a photo of the price tag with the stated price and attach it to it cash receipt with the statement itself about violation of the Trade Rules and send it all to Rospotrebnadzor.

But, as a rule, such drastic measures are not taken: the administration meets halfway, and the goods are sold at the original price. With expensive goods the situation is a little more complicated. Here the case may go to court. In most cases, representatives of Themis take the side of the consumer and satisfy the claim. Here the deceived buyer wins doubly: not only is the difference in value of the goods returned to him, but he is also compensated for moral damage in material equivalent.

Conclusion

So, if you know the signs and rules of a public offer, you can always defend your rights in any organization. By the way, it also happens that persons who have violated the public offer agreement begin to “download rights” and make threats. If such things happen, it is only out of powerlessness: the party that was at fault understands that it is wrong, and goes “all the way.” There is no need to be afraid of this: the law will be on your side in any case, because the main rule of trading and providing services is that the client is always right.

Except, of course, in cases where any conditions in favor of the seller of goods/services are clearly and extremely clearly stated in the offer agreement.

In contact with

Any citizen almost always enters into some kind of contractual relationship. Such civil relations may take the form of an offer or a contract. In essence, an offer and a contract are types of agreements that represent civil legal relationships that arise in the presence of certain obligations. The rights and obligations stipulated in this case are binding in accordance with the current Codes.

Main differences between an offer and a contract

1. The offer assumes unilateral obligations, the other party is free to accept, not accept the offer, or ignore it altogether. Unlike an offer, a contract obliges all parties involved to fulfill the terms, that is, there is a certain equality of rights between the parties in the distribution of responsibilities.
2. The offer specifies only the supplier's responsibilities, which he is obliged to comply with from the moment the offer is published, the recipient of the service is vested with obligations only after taking actions indicating acceptance of the offer. The agreement defines in detail in advance the responsibilities and rights of all participants. All parties have obligations from the moment the contract is signed.

Offer

The offer represents invitation to receive a service, which the consumer can receive, refuse it, or ignore it altogether. Moreover, the terms of provision and cost of the service are determined by the offeror independently, in connection with which the supplier assumes certain obligations unilaterally. In addition, the expressed proposal for the subsequent signing of the contract is also a type of offer.

Civil relations that arise during an offer are regulated by Chapter 28 of the Civil Code. According to the meaning of the Law, from the moment the recipient (acceptor) has received the offer, the offeror cannot withdraw it, unless otherwise specified in the terms of the offer. In case of failure to fulfill the obligations stated in the offer, the offeror is liable in accordance with the Law. An offer will be considered not received if the acceptor receives a notice of its cancellation earlier or simultaneously with the offer. The acceptor is the recipient of the service who has accepted the terms of acceptance. Acceptance is any action aimed at receiving a service.

Types of offer

In contractual relations there are the following types of offer:

• Public offer- this is a document or price list with the help of which the offeror offers all citizens any goods and services, while stipulating the conditions of purchase and the cost of these services. This could be a menu, or detailed advertising.
• Firm offer– this is an offer that is made to a specific person indicating the cost and timing of the service. An example would be an offer to issue a credit card.
• Closed offer– this is an offer of services to a specific group of persons, legal or natural persons, for example issuing an invoice for payment. The closed nature of such an offer may be due to trade secrets or contractual relations with certain clients.
• Free offer- this is a kind of proposal to enter into a contractual relationship, that is, it is a preliminary form of an offer that offers to enter into negotiations on the purchase of a particular service. During these negotiations, the terms of the offer may change.

Agreement

The contract is agreement between several persons, both physical and legal, concluded orally or in writing on a voluntary basis. All persons participating in the contract are responsible for violation of contractual obligations. Depending on the method of violation, liability can be material, disciplinary, administrative and criminal. Legal basis contractual relationships are defined in Chapter 27 of the Civil Code of Russia.

According to the law, contracts are based on the freedom and voluntariness of participation in the contract. The terms, obligations and rights are determined by the participants, unless any specific provisions are prescribed by law. Coercion to sign a contract is prohibited, except in cases expressly provided by law.

If the provisions of the agreement do not comply with current legislation, this agreement has no legal force. All relationships represent contracts in one form or another, and therefore, all types contractual relations It is impossible to list them, but they can be classified into main types.

Types of contracts concluded

• Preliminary agreement- involves the subsequent signing of the contract in its final form.
• Final agreement— it sets out the conditions in final form.
• Unilateral agreement– responsibilities are assumed by one of the participants. The rest only use rights.
• Mutual agreement– all participants are equal in rights and responsibilities.
• Free contract- one of the participants secures the contract with his property.
• Compensatory agreement– all participants provide the contract with their property.
• Free contract– signed based on the wishes of the participants.
• Binding contract– one of the participants is obliged to sign and fulfill the obligations agreed upon earlier.
• Mutually agreed upon agreement– compiled by all participants.
• Agreement of accession- is made by one party, the rest join by accepting the provisions of the agreement.

A public offer is an offer from a legal or individual conclude a certain It implies a proposition addressed to specific subjects that clearly expresses the intentions of this legal or natural person who offers a product or service.

Any agreement must be concluded in the following order. One party sends the other a proposal to conclude an agreement (or offer), and the other accepts this proposal or refuses. Sometimes these actions can happen simultaneously. Then the parties get together and sign an agreement, which already means agreement to the proposal.

But this is not always the case. Therefore, there is a certain time gap between acceptance and offer.

Signs of the offer:

It must have certainty;

Must demonstrate the person’s commitment to concluding an agreement;

The person who committed necessary actions for acceptance of this type of contract (for example, a person who sent an application to receive a particular product or service) may require the offeror to fulfill

A public offer contains only the will of one party directing the offer. Therefore, the opponent’s answer is of decisive importance. In order for a contract to be considered concluded, the absolute consent of that person is required. Otherwise it will have no effect.

An offer agreement for the provision of services can be “accepted” by a person. Acceptance is a person’s positive reaction to an offer addressed to him; it is a response that he has accepted it. It can be unconditional or complete.

Silence cannot be taken as acceptance, except in cases provided for by law. It happens that previously existing business relations between the parties are taken into account. Acceptance is also considered to be the performance by the person who received the offer of the actions specified in (this could be unloading the goods, performing various works, provision of services, payment of any amount of money, etc.).

Performing the actions described public offer under acceptance is considered sufficient to determine the contract as concluded. Thus, payment for a service (or fulfillment of other terms of the offer) together with the text of the offer agreement are recognized as a legally concluded agreement. There are usually no seals or signatures on the offer, but one of the parties may require this for accounting purposes.

An example of an offer: advertising, as well as other offers addressed to a vaguely defined circle of people. The offer agreement must contain all essential characteristics. In addition, the will of the person offering the service must be clearly visible. Such an offer is also prescribed. It is valid for two months from the start of promotions, unless the offer provides for a different period.

An offer is a preliminary stage of concluding a contract

Offer agreement: examples and sample, offeror and acceptor, public offer

An offer is a definition

Offer-This the preliminary stage of concluding any agreement, this is a clearly stated intention to conclude concessions. Offer- this is a very specific intention, addressed to a specific person or group of persons, containing a clear willingness to conclude agreement and stipulating the necessary conditions to its signing.

Offer -This official pre-conclusion offer this conclusion, the offer preliminarily describes all the conditions for concluding the contract.

Offer-This offer(written or oral) from one person to another specific person or persons to conclude a civil contract.

Offer -This a written statement from the seller, sent to a potential buyer, about the sale of a political batch of the product with a list of certain seller conditions.

Offer is

What is an offer?

Offer- This is an offer to make a transaction or enter into an agreement. The most famous example the offer is mailing to home addresses potential clients letters with an offer to activate a credit card of a bank. This is an offer. It meets all the requirements of Article 435 of the Civil Code of the Russian Federation. That is, the letter is addressed to one or more specific persons, clearly indicates the purpose, expresses the intention to enter into an agreement with the addressee, and contains almost all the essential terms of the proposed agreement.

Offer is

The addressee who receives it may react to such a letter in different ways. One person will be happy to sign an agreement with bank, and the other one will grin and throw it in the trash. Both will be absolutely right, since the offer entails liability only for jar who sent this letter. has no right to refuse to provide credit card to a person even if the addressee provides a passport and a written offer, but does not confirm his income. But the offer does not entail an obligation for the bank to conclude an agreement if it managed to send another letter notifying the withdrawal of the offer. If the additional letter was received by the addressee earlier or simultaneously with the offer itself, then the person has the right to refuse to provide his services to the person.

Offer is

The form of the offer can be very different: letter, telegram, fax, etc. A draft of such an agreement developed by the party proposing to conclude an agreement can also serve as an offer. At its core, an offer is not just an offer, but an offer that is distinguished by a number of individualizing features and which entails the provisions established by law legal consequences both for the one from whom it comes (the offeror) and for the addressee (the acceptor). Since the consequences in question are very significant for both the offeror and the acceptor, very strict requirements are imposed on the offer. If they are not observed, no legal consequences arise from it.

Types of offer

In international practice, there are two types of offers: firm and free.

Firm offer is a document that provides a written proposal for sale certain political party product, sent seller to one possible buyer, indicating the period during which he is bound by his offer.

The duration of the offer depends on the demand in the market of the proposed product: the larger the number, the shorter the validity period of the offer.

Offer is

If he agrees with all the terms of the offer, he sends the seller a written response to the offer or counter-offer indicating his conditions and deadline for an answer. If the seller agrees with all the terms of the counter-offer, he accepts it and notifies it in writing buyer. If he disagrees, he either considers himself free from his obligations under the offer, which is notified in writing, or sends him a new offer, taking into account the proposed buyer conditions or on new conditions different from those proposed by the buyer. Failure to receive a response from the buyer within the time specified in the offer deadline, is tantamount to his refusal to conclude a contract on the proposed terms and releases the seller from the offer he made.

Offer is

Only after the buyer’s refusal can the product be offered to another, but on the same conditions on which the first firm offer was issued. The buyer’s agreement with the conditions set out in such an offer is confirmed by a firm counter-offer. After confirmation (acceptance) of the counter-offer by the seller, the transaction is considered concluded.

Free offer- this is a document that can be issued for the same political party product to several possible buyers. He does not bind the seller with his offer and does not set a deadline for a response.

It is advisable to limit the number of free offers issued, otherwise market You may get the impression that there is a lot of product on offer and they want to sell it quickly. Essentially, this is an offer to enter into negotiations. The buyer’s agreement with the terms of the offer is confirmed by a firm counter-offer, which sets out its terms. Controferta- a response to a proposal to conclude an agreement containing additional or different conditions compared to those specified in the proposal. If the seller accepts the counter-offer and notifies the buyer in writing, the transaction is considered concluded and the parties are obliged to fulfill all the conditions set out in the counter-offer. While the contract is not concluded, the offer can be withdrawn by the seller, unless the offer indicates that it is unrequited until he has sent confirmation of acceptance. If confirmation of acceptance is sent late, it may remain valid if this suits the seller and he notifies the buyer in writing.

Distinctive features of the offer

Contents of the offer define the following elements of the proposed concession (Article 432 of the Civil code Russia):1) the subject of the transaction;2) the conditions that are named in law or other legal acts as essential or necessary for contracts of this type; 3) conditions regarding which an agreement must be reached by one of the parties. However, not any proposal to conclude an agreement is recognized as an offer. Signs of an offer:1) addressed to one or more specific persons (except for a public offer); 2) definitely; 3) expresses the intention of the party proposing the transaction to conclude an agreement.

Offer is

According to Russian law, an offer must: be sufficiently specific; express the person’s intention to consider himself as having entered into an agreement with the addressee; contain all the essential terms of the agreement. Features of the offer: the offer must contain the essential terms of the concession; the offer binds the person who sent it from the moment it is received by the addressee. If the notice of withdrawal of an offer was received earlier or simultaneously with the offer itself, the offer is considered not to have been received. An offer received by the addressee cannot be withdrawn within the period established for its acceptance, unless otherwise specified in the offer itself or follows from the essence of the offer or the situation, in which it was made.

Deadlines for response to offer

The deadline for receipt of acceptance by the party sending the offer is important; it can be made with or without indicating a deadline for a response. If the offer specifies a deadline for acceptance, the contract is considered concluded if acceptance received by the person who sent the offer within the period specified in it. It should be borne in mind that it is the date of receipt of acceptance by the offeror that is taken into account.

Offer is

In cases where a timely sent notice of acceptance is received late, acceptance is not considered late. However, the party that sent the offer has the right not to accept such an acceptance, immediately notifying the other party about the receipt of the late acceptance. If the party that sent the offer immediately notifies the other party about the acceptance of its late acceptance, the contract is considered concluded. If the offer made without specifying a deadline for a response, its legal effect depends on the form in which it is made. When an offer is made orally without specifying a time limit for acceptance, the contract is considered concluded if the other party immediately declares its acceptance. If such acceptance is not followed, then the offeror is in no way bound by the offer he made.

Offer is

When an offer is made in writing without specifying a deadline for acceptance, the contract is considered concluded if acceptance is received by the person who sent the offer before the end of the deadline established by law or other legal acts, and if such a period is not established, during the time normally necessary for this (Article 441 of the Civil Code). Normally, what is considered necessary is the time sufficient to complete this type of correspondence in both directions, familiarize yourself with the content of the proposal made and draw up a response to it. If the response arrives within this period of time, the contract is considered concluded. In the event of a dispute, this period will be determined by the court based on the specific circumstances of the case. If acceptance is received late, then the fate of the transaction depends on the offeror, who may ignore the late response and agree to enter into an agreement or refuse to enter into an agreement due to a delay in response to his proposal.

If the offeror, having received a late acceptance, immediately informs the other party of the acceptance of his late acceptance, the contract is considered concluded. Article 442 of the Civil Code also provides for the case when the response to the agreement to conclude an agreement (acceptance) arrived late, but it is clear from it that it was sent on time. In such a situation, only the offeror knows about the late arrival of the acceptance. The acceptor, believing that the response was received by the offeror in a timely manner and the contract is concluded, can proceed to its execution and incur the corresponding expenses. In order to prevent these costs, the offeror who does not want to recognize the contract as concluded is obliged to immediately notify the other party of the receipt of late acceptance. In case of failure to fulfill this obligation, the response is not considered late, and the parties are considered bound by the contract.

Signs of a public offer

A special type of offer is public offer. A public offer is understood as a proposal containing all the essential conditions of the concession, from which the will of the person making the offer is seen to conclude an agreement on the conditions specified in the proposal with anyone who responds (clause 2 of Article 437 of the Civil Code). In this case, the proposal to conclude an agreement is addressed not to an indefinite number of persons, but to anyone and everyone. Therefore, the first person to respond to a public offer accepts it and thereby withdraws the offer. Thus, legal consequences recognition of an offer as a public offer lies in the fact that a person who has taken the necessary actions in order to accept the offer (for example, sending an application for the relevant goods) has the right to demand from the person who made such an offer the fulfillment of contractual obligations.

Offer is

A public offer differs in that it is addressed to an indefinite number of persons. It specifies the basic terms of the deal and clearly expresses the intention to conclude it with everyone who responds. For example, if an Internet provider sends a mass mailing offering its services, and it contains all the basic conditions ( tariff plans, speed, Discounts, etc.), then this is a public offer. He is obliged to enter into a contractual relationship and provide Internet services to all those who respond, unless otherwise provided by the offer itself. A public offer can easily be confused with advertising. However, advertising and similar offers do not constitute an offer. Advertising, as a rule, does not contain sufficiently specific conditions for concluding a contract; its purpose is to present its goods and services in a favorable light compared to competitors.

Offer is

The offer expresses the will of only one party, and, as is known, the contract is concluded by the will of both parties. Therefore, the response of the person who received the offer regarding their consent to enter into an agreement is of decisive importance in the formalization of contractual relations. A public offer is considered advertising product or service in the media, i.e. appeal to an indefinite circle of people. Thus, a public offer is: advertising and other offers addressed to an indefinite number of persons are considered as an invitation to make offers, unless otherwise expressly stated in the offer; A proposal containing all the essential terms of the agreement, from which the will of the person making the offer is discernible, to conclude an agreement on the terms specified in the proposal with anyone who responds, is recognized as an offer (public offer).

Offeror and acceptor, acceptance of offer

The person making the offer is called offeror, the person who accepted the agreement - acceptor.In the case when the acceptor accepts the invitation, a written notice is sent to the offeror and the offer is considered accepted, the agreement takes on bilateral force and implies the fulfillment of obligations. Any offer contains a certain validity period during which the acceptor has the right to accept the agreement, thereby binding himself to the offeror bilateral obligations.

Acceptance- this is a response to the offer. Acceptance is the response of the person to whom the offer is addressed regarding its acceptance. Acceptance must be complete and unconditional. Silence is not acceptance unless otherwise follows from the law, business custom or from previous business relations sides The performance by the person who received the offer, within the period established for its acceptance, of actions to fulfill the terms of the agreement specified in it (shipment of goods, provision of services, performance of work, payment of the appropriate amount, etc.) is considered acceptance, unless otherwise provided by law, other legal acts or not specified in the offer.

It is also worth noting that: If the notice of withdrawal of acceptance was received by the person who sent the offer before or simultaneously with the acceptance, the acceptance is considered not received. When the offer specifies a period for acceptance, the contract is considered concluded if the acceptance is received by the person who sent the offer, within the period specified therein. When a written offer does not specify a period for acceptance, the contract is considered concluded if acceptance is received by the person who sent the offer before the end of the period established by law or other legal acts, and if such a period is not established - within the normal amount of time required for this. When an offer is made orally without specifying a time limit for acceptance, the contract is considered concluded if the other party immediately declares its acceptance.

In cases where timely notice of acceptance is received late, the acceptance is not considered late unless the party sending the offer immediately notifies the other party of the late receipt of acceptance. If the party that sent the offer immediately notifies the other party about the acceptance of its acceptance received late, the contract is considered concluded. A response about consent to conclude a contract on conditions other than those proposed in the offer is not acceptance; such a response is recognized as a refusal of acceptance, and in that case same time with a new offer. If the contract does not indicate the place of its conclusion, the contract is recognized as concluded at the place of residence agreement danina or location of the legal entity. the person who sent the offer.

In accordance with paragraph 1 of Article 438 of the Civil Code, acceptance is the response of the person to whom the offer was addressed regarding its acceptance. Such acceptance must be complete and unconditional. Acceptance expresses the will of the person to the same extent as the proposal. The requirements for acceptance arise from its characteristics as a reflex expression of will. The standard situation is that an acceptance acquires legal force if it is complete, i.e. expresses approval of everything stated in the offer and unconditional, i.e. does not contain any additional conditions. If the response is given on conditions other than those proposed in the offer, it does not constitute acceptance. This is only a counter offer (Article 443 of the Civil Code). However, the actions of the acceptor can be considered as a counter-offer only if they have the specified characteristics of an offer.

Since this kind of counter-offer is sent to the original offeror, it is necessary to preserve all the essential terms of the concession in such a counter-offer. Consequently, a response to an offer in which at least one of the essential conditions is excluded from it cannot be considered as a counter offer. Such a response constitutes a refusal to conclude the transaction proposed by the offeror and an invitation to conclude another agreement. Acceptance on other terms is usually documented in a protocol of disagreement, which is sent to the other party. The contract is considered concluded only after all disagreements between the parties have been resolved. The rules of the law governing the offer are fully applied to the protocol of disagreements sent to the counterparty. Lack of response to an offer (silence of the addressee of the offer) is not acceptance, unless otherwise follows from the law, business custom or from previous business relations of the parties.

Silence is subject to a special regulation. By its very nature it can only be an acceptance. At the same time, there is a single civil law the presumption that silence is not a legal fact at all. This presumption is included in general norm, dedicated to meaning silence. This refers to Art. 158 of the Civil Code on the form of transactions. This article, like Art. 438 of the Civil Code, provides for those exceptional cases when silence acquires a law-forming (law-altering or law-terminating) meaning. From clause 3 of Art. 158 of the Civil Code it follows that silence can be recognized as an expression of the will to complete a transaction only in cases where this is provided for by law or agreement of the parties, while according to paragraph 2 of Art. 438 Civil Code, silence becomes valid if agreement renalized either by law, or by business custom, or follows from the previous business relations of the parties. In this case, clause 2 of Art. 438 of the Civil Code means that in these three cases we're talking about only about acceptance. This removes the question of the possibility of using silence as an offer.

In their legal structure, acceptance and offer coincide in certain parts. In this regard, some of the provisions that apply to an offer also apply to acceptance. This means that the acceptor may revoke the acceptance made before the offeror receives notice of the acceptor’s refusal to enter into an agreement or simultaneously with such notice. In this case, the acceptance is considered not received. Accordingly, refusal of acceptance is not considered made even when the moments when the offeror receives the acceptance itself and the notice of its refusal coincide. After the offeror receives acceptance, the contract is considered concluded. Revocation of acceptance after receipt by the offeror is actually a unilateral refusal to fulfill contractual obligations, which is unacceptable in accordance with from Art. 310 GK. A special case is acceptance on other terms.

However, if the person who received the offer within the period established for its acceptance took any actual actions to fulfill the conditions of the concession specified in it (shipment of goods, provision of services, performance works, payment of the appropriate amount, etc.), the offer is considered accepted unless otherwise provided by law, other legal acts or indicated in the offer itself. The response of the person to whom the offer is addressed (acceptor) regarding its acceptance is called acceptance of the offer. Acceptance must be complete and unconditional, as well as definite. It must clearly indicate the party’s intention to conclude an agreement on the terms proposed to it. In practice, acceptance of an offer consists of words or corresponding actions (shipment of goods, provision of services, performance works, payment of the appropriate amount, etc.), made in the manner prescribed or specified by the offeror.

When concluding a transaction, the acceptor's intention to accept the offer must be expressed in such a way that there is no doubt either about the fact of acceptance or about the coincidence of the terms of acceptance with the terms of the offer. That is, for a contractual obligation to arise, it is necessary that the offer not only be accepted, but also that the acceptance be communicated obligations who has received an offer and agrees to enter into an agreement on terms different from those set out in the offer must report any disagreements. In particular, if she was sent a draft agreement, she returns it with a statement of disagreements. The protocol of disagreements drawn up by the addressee of the proposal is in fact a counteroffer (counteroffer), which must be unconditionally accepted in order to conclude an agreement. If the party that sent the offer does not indicate its agreement with the change in the terms proposed by it, the contract is considered not concluded

Sample offer agreement

The contract published below is simple example of writing a concession offer.

Offer is

Requirements for the offer

The first requirement is sufficient certainty of the offer. This presupposes that from it the addressee is able to draw a correct conclusion about the will of the offeror. Any uncertainty regarding various elements future of the transaction - indications of the parties, their rights and obligations, as well as the subject of the agreement gives rise to the possibility different understanding contents of the offer. This may result in the offer losing its purpose. The second requirement relates to the intent of the offer: it must express the intention of the person making the offer to consider himself to have entered into an agreement on the terms specified in the agreement with the addressee if the latter accepts the offer. This requirement means that the offer must be drawn up in such a way that the recipient of the agreement can conclude: to conclude an agreement, it is sufficient to express the will of the addressee himself, which coincides with the offer.

The third requirement relates to the content of the offer: Art. 435 of the Civil Code suggests that the offer must cover all such conditions that are clearly defined as essential in Art. 432 of the Civil Code or follow from it. The set of conditions specified in the offer is the maximum. Therefore, once the offeree accepts the offer, the offeror will not be able to change the set of conditions contained in the offer. Ultimately, the meaning of this most important requirement for an offer is that it must be so specific that it is possible to reach an agreement on the entire agreement by accepting it. The fourth requirement is related to the targeting of the offer. In other words, it should be clear from it to whom exactly it is addressed.

In the absence of any of the above characteristics, an offer can only be considered as a call for an offer (an invitation to make an offer). An offer becomes binding for the person who sent it from the moment such an offer is received by the addressee. general rule the offer received by the addressee is irrevocable, that is, it cannot be withdrawn during the period stopped for its acceptance, unless otherwise provided by the offer itself or follows from the essence of the offer or the situation in which it was made (Article 462 of the Civil Code). However, if the notice of withdrawal of the offer was received earlier or simultaneously with the offer itself, then the offer is considered not received (clause 2 of Article 435 of the Civil Code.

Offer guarantee

offers — guarantee issued by the bank at the request of the trading participant (principal) in favor of the party that announced bargaining(beneficiary), by virtue of which the guarantor undertakes to pay the beneficiary the amount agreed upon in guarantees a sum of money in the event of the principal’s refusal to fulfill the terms of the tender he won. Providing a tender guarantee in favor of the organizers bidding is often one of the conditions for consideration of a bidder's proposal. The tender usually ensures that the participant fulfills the following obligation: the proposal will not be changed or withdrawn before the deadline determined by the terms of the tender; In case of winning the tender, the participant will sign an agreement obligations contract and the guarantee of its performance and other guarantees, if any, are provided.

The use of guarantees may be recommended for: organizations participating in auctions (competitions) for work or supply; organizations working on a contract basis (possibly with the condition of deferred payment or deferment supplies goods (works, services)). The offer guarantee is presented together with the offer and ensures payment of the guaranteed amount: if the offer is withdrawn before the expiration date; if the order, after receiving it at the auction, is not accepted by the person submitting the offer; if this guarantee, after receiving the order at the auction, is not replaced by a performance guarantee. Typically, the amount of the offer guarantee is 1-5% of the offer amount. The guarantee period is until the concession is signed.

PAMM account offer for traders

PAMM account offer is an agreement between an investor and a trader, which defines the terms of cooperation of both parties. In most cases, the offer agreement includes such parameters as the minimum investment amount, manager’s remuneration, and withdrawal of funds. In addition, the offer may determine the protected time during which investor does not see transaction details manager in the report. The offer may also stipulate for early withdrawal of funds investor. Minimum amount investment - the amount necessary for the investor to conclude a transaction. In addition, the offer may provide for a minimum allowable amount for withdrawal of funds. For his work, the trader receives from the profit - the higher the level, the less manager

Offer is

Manager's offer, offer agreement The offer agreement fully regulates the terms and conditions of the cooperation rate. Determining the terms of an offer may be an exclusive right trader or investor. In the first case, the agreement will be called the manager's offer, and in the second - the investor's offer. After drawing up the agreement, you must find a manager who is satisfied with the terms of the manager’s offer. PAMM account offers can be public or non-public. An offer that is available for viewing by investors and allows you to create new accounts, as well as top up existing ones, is a public offer. Unlike a public offer, a non-public offer does not provide the opportunity to create new accounts. It is important to know that one PAMM account can have many non-public offers and only one public one.

Offer is

In most cases, the offer agreement is multi-level. When creating a multi-level offer, the following rules must be observed: the amount of investment of each subsequent level must be greater than the previous one; percent remuneration at the next level cannot be greater than at the previous level; the protected period can be less than or equal to the value of the previous level; the transition to the next level should be made automatically - as soon as the balance corresponds to this level. We can say that the offer agreement is an authorized document the parties who enter into it, in order to regulate and regulate the relationship between the parties, and in particular, the manager and the investor in the field of trust management of the foreign exchange market.

Offer is

Bond offers

A very interesting strategy for working on bonds market is the use of offers for bond cash issues. In world practice, there are two main types of offers, which can conventionally be called “issuer’s offer” (repurchase of bonds occurs on the initiative of issuer bonds) and “investor’s offer” (the investor initiates the redemption of securities). In our country, “offers issuer» are practically not used: as a rule, the redemption of bonds occurs at the initiative of the bond holder. In this case, the offer for the investor is the opportunity to demand that the issuer repurchase bonds at a predetermined price within a predetermined period.

Offer is

It is worth paying attention to the fact that the investor has real opportunity choice: he can either take advantage of the offer or leave the bonds in his investment portfolio. In addition, he can present for redemption all the bonds he owns or only part of them. valuable papers.Key parameters of the offer (date of offer, price redemption of bonds, list and deadlines for submitting documents, etc.) are determined in the process money issue and cannot be changed in the future. The bond owner can find information about the terms of the offer in the issue documents - the decision on release bonds or prospectus ( electronic versions These documents are available on the website of the bond issuer or on specialized resources, in particular, www.cbonds.ru or www.rusbonds.ru).

Offer is

With independent exchange trading, the offer procedure, in contrast to the payment of coupons and the redemption of nominal cost bonds, implies that the investor must take certain actions. First, the investor pre-blocks securities and receives an extract from the depository confirming this transaction. Secondly, he fills out a request for redemption of bonds (sometimes notarization of this document is required) and sends it by mail along with an extract from the depositary to the issuer or his authorized representative. Thirdly, on the date offer, the investor (through his broker) submits an application for sale bonds at the offer price. With trust management, all necessary actions in order to present bonds for offer on behalf of the investor can be performed by the trustee.

Offer is

In any case, the cost of presenting bonds for an offer will be from 500 to 2000 rubles and will take about 2-4 days, so the use of this strategy is justified for fairly large investment amounts (from 1 million rubles or more). The use of offers for bond issues of securities gives investors have the opportunity to “enter” and use new investment opportunities opening up in the stock and bond markets. If an investor prefers to work primarily in the bond market, then including bonds in the portfolio for which an offer is provided allows for a quick response to changes in the level interest rates on money market. The point is that between the level interest rates and bond prices there is an inverse relationship (when interest rates rise, bond prices fall, and vice versa).

Offer is

When forming an investment portfolio, a private investor cannot absolutely accurately predict the future interest rates s rates, however, he has a real opportunity to quickly revise the structure of his investment portfolio taking into account market realities. Let us assume that an investor purchased a bond exactly in 2 years, and it provides for an offer in 1 year (at a price equal to 100% of the nominal value paper). At the time of purchase of the bond, the offer was 12% per annum. If in a year (by the time of the offer) interest rates rise (and bond prices, accordingly, decrease), then the investor can submit the bonds for offer and use the freed-up funds to buy debt instruments with a higher yield .If interest rates remain at the same level or if they fall (in the first case, bond prices will remain unchanged, and in the second they will increase), the investor will not take advantage of the offer and will own the bond until maturity.

Offer is

An investor who adheres to a moderate strategy and distributes his funds between stocks and bonds can act in a similar way, but in this case the decision to implement the offer will be made by him depending on the market situation of the shares. When decreasing stock market the investor will submit securities for offer and gradually increase the share of shares in the portfolio, and with positive dynamics stock exchange the share of bonds in the portfolio will increase (in this case, the investor most likely will not present bonds for an offer). An investment strategy that involves the active use of bond offers certainly has its pros and cons. The main advantage of this strategy is low level the risk that the investor assumes, especially if he prefers to work with intermediate-term bonds, and high level predictability of investment results.

The second significant “plus” is the ability to quickly respond to changes in market conditions, including by including bonds with different Offer Periods in the portfolio. Another advantage of this strategy is low trading activity and, accordingly, low time costs required to implement this strategy. A private investor can form a bond portfolio in such a way as to be able to present bonds for the Offer with a certain frequency (for example, once a quarter). Among the disadvantages of the strategy, one should note its relative labor intensity (regardless of the number of bonds presented for the Offer, the Investor’s procedure remains practically unchanged) and the need to timely provide documents to the Issuer or paying agent and submit an application for the Sale of Bonds (thus, if the Investor violates the Deadlines for Submitting Documents, he has the right not to execute the offer).

Sources for the article "Offer"

accounting-edu.ru - basics of accounting

ucheba.ru - educational portal №1

ru.wikipedia.org - free encyclopedia Wikipedia

youtube.com - YouTube video hosting

images.yandex.ua - Yandex pictures

google.com.ua - Google images

dictionary-economics.ru - economic dictionary

dic.academic.ru - dictionaries and encyclopedias on Academician

setadra.ru - site for people

financial-lawyer.ru - information agency Financial lawyer

advokat-avtomonov.ru - website of the Bar Association

pammforex.org - all about pamm investments

gaap.ru - theory and practice of management accounting

Investor Encyclopedia. 2013 .

Synonyms:

• - (from the Latin offero offer) a written or oral offer from one person (the offeror) made to another person (the acceptor), containing a message about the desire to conclude an agreement with him. If the offer is accepted (accepted), the acceptor must notify ... Economic dictionary

OFFER- [lat. offertus proposed] econ. a formal offer to a certain person to conclude a transaction, indicating all the conditions necessary for its conclusion. Dictionary of foreign words. Komlev N.G., 2006. offer (Latin olfertus proposed) formal... ... Dictionary of foreign words of the Russian language

Offer- - an offer to one or more persons to enter into an agreement on predetermined conditions. In Russia, the offer is regulated by Art. 435 449 Civil Code. According to the current legislation, “an offer is considered to be addressed to one or... Banking Encyclopedia

Offer- (offer) an offer addressed to one or more specific persons, which quite clearly expresses the intention of the person who made the offer to consider himself to have entered into an agreement with the addressee if he accepts it. The offer must ... ... Economic-mathematical dictionary

Offer- a tender proposal sent by the bidder, containing an agreement to participate in the tender on the terms set out in the tender documentation, and registered by the tender committee.

An offer is an offer to carry out a transaction to one person or group of persons, whether individuals or legal entities. An offer can be ordinary or public, depending on the agreement submitted for agreement.

The offer has the form of a draft agreement to the desired counterparty or the form business letter, in this case, the project is drawn up at a meeting of the parties after agreeing on all points of the future contract.

An example of an offer in Everyday life may be an offer from one neighbor to sell him this or that product Agriculture to another, that is, the offer can also be in the form of an oral proposal (in words).

An offer with foreign partners must be drawn up and regulated in accordance with the international UN Vienna Convention of 1980. It is very important to initially determine the normative acts - the Civil Code of the Russian Federation or the UN Vienna Convention, which will be used as a regulator of further actions.

So, an offer is necessary to make an offer to a counterparty or circle of addressees you are interested in.

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In international practice, the offer is divided into several types:

1. Public is a contract sent to several addressees or an unlimited number of people. For example, an offer of Internet services or lending. Anyone with access to this document can accept the offer, for example, on the official website credit organization accept the offer and receive funds on the card online. If, for acceptance, it is necessary to perform a number of actions, for example, submit an application, then such a person receives the right to demand fulfillment of the terms of the contract.
2. Free– takes place in world practice, intended for a certain number of counterparties, carries a proposal for further negotiations. It does not have a clear time limit and does not oblige the offeror to anything.
3. Firm – the letter is addressed to only one client, consists of clear clauses of the contract, has time limits for the acceptor. If the buyer does not respond in a timely manner, the offer can be offered with the same conditions to another counterparty.
4. Irrevocable – an example of this would be a company’s appeal to its shareholders. The name itself suggests that the offeror will not be able to withdraw the offer back, unless in writing by sending a review along with the offer.

Requirements under the Civil Code of the Russian Federation

The main provisions on the offer in accordance with the Civil Code of the Russian Federation are as follows:

• The offer must contain clear intentions of the offeror to complete the transaction;
• Sent, depending on the type, to a specific or several addressees;
• Contains all the basic terms of the agreement inherent in certain actions, depending on the type of offer made - sale or certain works;
• An offer cannot be withdrawn before the deadline given to the addressee for a response has expired. Of course, the right of revocation can be specified in the offer itself;
• According to the Civil Code of the Russian Federation, the defendant’s silence is not a sign of consent;
• If the acceptor liked everything and the terms of the transaction were suitable, he can sign the agreement, thereby putting it into effect, and also send an official letter to the offeror.

Interesting: despite the fact that, in accordance with the requirements of the code, acceptance is required to begin an action, among businessmen the opposite practice is also practiced, when acceptance is not waited for.

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In what cases and how is a public offer used?

A public offer is a proposal made to an unlimited number of persons for the purpose of drawing up an agreement.

In accordance with Art. 437 of the Civil Code of the Russian Federation, an offer can be accepted for an offer:

• Goods;
• Services;
• Work.

And all this for an indefinite circle of addressees.

Also, according to the law, a public offer must contain:

• Delivery time;
• Delivery procedure;
• Price;
• Guarantees.

This type of document is found in:

• Advertising products;
• Catalogs of companies offering services and goods;
• Store price lists;
• Product descriptions, etc.

It happens various shapes, the main thing is that this document contains all the necessary aspects of the contract.

If the buyer agrees, then the offeror enters into an agreement with him, and the procedure for this event is also prescribed in the offer.

Interesting: the Vienna Convention does not define a public offer, which means that the circle of addressees is immediately limited. And even in this case, if there is a clear intention in the contract, it can be subjected to the rules of the Convention.

How does a public offer differ from a regular offer?

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A public offer carries an offer to a wide range of people and clear terms of the contract, while:

• A regular offer is intended for a certain circle of people;
• Advertising does not carry specific offers, but only invites you to the desired store, where a public offer is drawn up;
• A commercial proposal is a document for a limited contingent and does not have clear contract clauses.

Important: a commercial offer may contain the price of the product and the terms of the contract, but it has a clause stating that it is not a public offer.

3 nuances of preparing a public offer

When drawing up a public offer, there are details that you should have a clear understanding of:

• Price – should the indicated prices be taken as a public offer? No, it’s not worth it - the price on the price tag is one of the points of the contract and cannot guarantee the quality of the goods, it is rather an advertisement, an accelerator for the implementation of the contract between the seller and the buyer;
• A public offer on the website is more of an offer to conclude an agreement, and not the agreement itself. Consent to accept this offer may be the user’s registration on the site or ordering any product;
• Shop– in accordance with Art. 494 Civil Code of the Russian Federation, the goods displayed at the places where they are sold have a public offer, unless the seller states that the samples are not for sale.

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What is an offer agreement in simple words and where can I get a sample?

An offer agreement is a document that requires a time period for proposal and signing. That is, if the parties proposing and accepting the contract cannot be in the same place to discuss it.

Download a sample document

If people interested in the contract cannot gather in one place, then the document may consist of several papers - an offer and acceptance by the counterparty.

The offer can be in the form of any document for example, a building design that contains clear intentions of the tenderer.

The response of the acceptor is of decisive importance in this case, since the contract contains the will of only the offeror, and is concluded according to the will of both parties. The response can be any actions of the customer provided for in the proposal.

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Important: the text of the offer agreement is legal document and must contain signatures and seals only if they are necessary for the accounting report.

How to draw up and conclude an offer agreement?

When forming an offer agreement, the following nuances must be taken into account:

• Compliance of document clauses with legal requirements;
• Using more simple order drawing up a contract;
• Take into account the requirements of tax authorities and financial risks;
• Give a clear and clear position to the commercial side;
• Ensure a compromise of the interests of the signatories.

When drawing up an offer agreement, the following steps are performed:

• The exact details of the subject of the contract and other terms of the transaction are analyzed;
• The most acceptable way of concluding an agreement is determined - one-time, framework with additional orders, public offer or customer choice;
• A more detailed consideration of the procedure for executing the contract and preparation of documentation for reports;
• Coordination of the project with the buyer;
• Resolving liability issues under the contract;
• Further support.

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After such a detailed study of the document, the customer will receive a full-fledged offer document.

There are several types of written proposal for cooperation:

• A detailed draft agreement with a description of all, even the smallest details;
• Writing with more important details in mind;
• Messages taking into account only the most necessary conditions.

You can find a sample proposal for cooperation

A business letter is composed as follows:

• All addressee data is written in the header of the document;
• Serial number and date;
• In case of a response to someone’s commercial proposal, the details of the received letter are indicated;
• Title;
• If the letter is addressed to the manager, an appeal is written;
• Body of the offer – indicates the conditions under which signing the contract is possible;
• Signature of the offeror with a full transcript and indication of position.

conclusions

To be completely sure of what kind of document is in front of you and how to act correctly in a given situation, you need to arm yourself with all the knowledge about the intricacies of drawing up similar documents.

The main thing is to understand that an offer is not a document obligatory for acceptance, but only an invitation to cooperation.

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