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

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

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

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

An offer with foreign partners must be drawn up and regulated in accordance with the international Vienna Convention of the United Nations 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 a circle of addressees that interests you.

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

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

Requirements under the Civil Code of the Russian Federation

The main provisions of 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;
be sent, depending on the type, to a specific or several recipients;
Contains all the main terms of the agreement inherent in certain actions, depending on the type of offer made - sale or certain works;
The proposal cannot be withdrawn before the expiration of the deadline given to the addressee for a response. Of course, the right of withdrawal can be specified in the offer itself;
According to the Civil Code of the Russian Federation, the silence of the defendant is not a sign of consent;
If the acceptor liked everything and the terms of the transaction came up, he can sign the contract, thereby launching it into action, and also send an official letter to the offeror.

Interestingly, despite the fact that, in accordance with the provisions of the code, an acceptance is required to begin an action, the opposite practice is also practiced among businessmen, when acceptance is not expected.

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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, with the aim of drawing up a contract.

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

Goods;
Services;
Works.

And all this for an indefinite circle of addressees.

Also, according to the law, the public view of the offer must contain:

Delivery time;
Delivery order;
price;
Warranty.

This type of document is found in:

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

It can be of various forms, the main thing is that this document contains all the necessary aspects of the contract.

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

Interesting: there is no definition of a public offer in the Vienna Convention, 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 subordinated to the norms of the Convention.

What is the difference between a public offer and 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:

The usual offer is intended for a certain circle of persons;
Advertising does not carry specific offers, but only invites you to the right store, where a public offer is drawn up;
The commercial offer is a document for a limited contingent and does not have clear clauses of the contract.

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

3 nuances of making a public offer

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

Price - whether the indicated prices should be taken as a public offer. No, it's not worth it the price on the price tag is one of the clauses of the contract and cannot guarantee the quality of the goods, it is rather advertising, an accelerator for the implementation of the contract between the seller and the buyer;
A public offer on the site is more of an offer to conclude a contract, and not the contract itself. The consent to accept this offer may be the registration of the user on the site or the order of any product;
Score– in accordance with Art. 494 of the Civil Code of the Russian Federation, the exposed goods in the places of its sale are a public offer, unless the seller states that these samples are not for sale.

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

An offer agreement is a document for the proposal and signing of which a time period is required. That is, if the parties proposing and accepting the contract cannot be in the same place for the purpose of discussing it.

Download sample document

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

The offer may take the form of any document for example, a building project that contains clear intentions of the offeror.

In this case, the answer of the acceptor is decisive, since the contract contains the will of only the offeror, and is concluded by the will of the two parties. Any actions of the customer provided for by the offer can become the answer.

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Important: the text of the offer agreement is a 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 contract?

During the formation of an offer contract, the following nuances must be taken into account:

Compliance of the points of the document with the requirements of the law;
Using a simpler procedure for drawing up a contract;
Take into account the requirements of tax authorities and financial risks;
Give a clear and concise position to the commercial side;
Ensure a compromise of the interests of the signatories.

The following steps are taken to complete the offer agreement:

The exact details of the subject of the contract and other terms of the transaction are analyzed;
The most acceptable way to conclude a contract is determined - a one-time, framework with additional orders, a public offer or a customer's choice;
A more detailed consideration of the procedure for the execution of the contract and the preparation of documentation for the reports;
Coordination of the project with the buyer;
Resolving issues of liability 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;
Letter considering more important details;
Messages subject to only the most necessary conditions.

You can find a sample proposal for cooperation

A business letter is composed as follows:

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

findings

To be completely sure 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 compiling similar documents.

The main thing to understand is that the offer is not a binding document, but only an invitation to cooperation.

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