Means an offer of a contract. Offer or commercial proposal. Features of the entry into force of the agreement

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The word “offer”, sometimes found on various Internet sites or in the press, makes us think for a moment about its meaning, then something distracts us and we forget about it. Let's figure out once and for all what it is in simple words.

“Offer” or “offer” - which is correct?

This term comes from the Latin "offero", which means "I offer", so correct spelling this word is “offer”.

Offer - what is it?

This is the name of an offer to conclude a contract. This is a written or oral proposal for cooperation, which contains a list of conditions, which are then prescribed in concluded bilateral agreements or observed when concluding transactions. The official definition of this term is stated in Art. 435 of the Civil Code of the Russian Federation.

Typically, an offer is made in writing, after which the offeror (the one who wrote it) sends it to the acceptor (the one for whom it is intended). If the acceptor accepts the terms offered to him, then this is the reason for concluding a bilateral agreement or completing a transaction.

Types of offer

Depending on who they are sent to, offers are divided into:

• free;
• hard;
• irrevocable;
• public.

Free

A free offer is an offer that is a reason to begin negotiations, during which the proposed conditions can be supplemented or changed. It applies to a limited circle of people and can be used by the offeror to study market dynamics.

Solid

A firm offer is a proposal that specifies a proposal for cooperation with clear terms and conditions for the transaction. It always specifies certain periods during which the seller binds himself. It is always sent to a specific person.

Irrevocable

An irrevocable offer is typical for the banking environment and the sphere of circulation securities. As the name suggests, it has no recall option at all. It is usually used by issuing companies that offer shareholders the redemption of securities.

Public

A public offer is an offer in which any person can act as an acceptor (this type is considered the most common). It clearly states prices, terms of the transaction and terms.

Public offer - what is it in simple words?

In simple words, a public offer is intended for wide range persons Most simple examples are the price tag on the product in the store, the display of the product in the window, the menu in the restaurant, etc.

“Not a public offer” - what does it mean?

Often on Internet sites and in printed publications Under the advertising texts there is an inscription: “This is not a public offer.” This means that the published text should not be considered an offer to enter into a contract. In fact, such texts offer to buy something, but there are no clear conditions for concluding a transaction.

If the advertisement specifies prices and clear terms of cooperation, then it is a public offer. This means that if the seller does not sell the product exactly on the terms specified in such advertising, then he will face problems with the law. The inscription “Not a public offer” allows overly cautious or unscrupulous advertisers to avoid many troubles.

What should the offer contain?

As mentioned above, an offer must contain certain clear conditions for concluding an agreement or completing a transaction that the offeror offers to the acceptor, and also have such features as completeness of information (it must indicate all aspects of the future transaction) and targeting (it is drawn up for a specific person or for a certain circle of people).

Important: The offer must contain an unambiguously interpreted intention of the offeror to conclude an agreement or make a transaction with the acceptor.

Offer and acceptance

An offer reflects the will of one of the parties who wants to conclude an agreement or transaction. Within the period specified therein, the acceptor must either accept the offer or reject it. In case of full agreement with the proposed conditions, the acceptor must respond with acceptance. If there is no answer with consent, this means refusal.

There may be cases when the one to whom the proposal is sent carefully studies the document and draws up a protocol of disagreements on unacceptable points, and then sends it to the offeror. In this case, the offeror can draw up a new offer, which will take into account the information sent to him, and send it again to the acceptor.

Acceptance with immediate effect is typical for oral offers. This possibility is provided for transactions that are concluded orally.

Important: if the offer is accepted, it serves as the basis for VAT deduction.

Validity period of the offer

The offer may or may not indicate the period for receiving acceptance. If it is indicated and the possibility of revocation is not provided, then it is not possible to do this before the expiration of the period for receiving acceptance. If the deadline is specified, but the possibility of revocation is stipulated, then, if necessary, the offeror has the right to revoke it. If the period is not specified, then it is valid for the period established by law or legal acts the period of time considered normal for obtaining acceptance of such an offer.

Offer - examples for reference

The offer may be:

• a letter with an offer from one entrepreneur to another to purchase a consignment of goods with a clear indication of the price, terms of payment and delivery time (acceptance in this case will be a letter or phone call, in which agreement with the proposed conditions will be expressed);
• an invoice in which, in addition to the name of the goods, its value and quantity, the terms of payment and delivery, as well as the terms of shipment of the goods are specified (by sending an invoice, the offeror makes the acceptor commercial offer, and if the acceptor pays it, this means that he fully agrees with the terms of the transaction stated in the invoice);
• the range of goods published on the website, cost, terms of delivery and payment (but if it is indicated that the offer can only be used by a certain circle of people or the online store does not describe the delivery procedure and the seller’s guarantees, then such an offer is not considered an offer).

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An offer is an offer to conclude an agreement or complete a transaction. Depending on who it is intended for, there are several types. If the acceptor accepts the terms of the offer, then the contract with him must be concluded on the previously proposed conditions.

An offer is an offer to conclude an agreement for the supply of goods or the provision of certain services. The offer is made in writing. It may be sent to one or more persons. The offer must set out the conditions for the supply of goods or the provision of services, as well as deadlines and other information that can attract the attention of the buyer.

An offer usually precedes a contract if required by law. In other cases, the offer itself can serve as a contract. The recipient of the offer may agree to the proposal, then the consent is formalized in writing.

He may, upon accepting an offer, send a counter-offer to the supplier, i.e. his proposals for delivery, terms and conditions. In this case, the parties either agree on the terms or refuse to complete the transaction.

In addition, the buyer can simply remain silent after receiving an offer. This means that the potential buyer is not interested in the transaction and after the time established by law, the supplier can send its proposals (offer) to another possible buyer.

The offer is called firm if it is directed to one specific person. The offer is called free when it is directed to several persons.

There is also such a form of offer as a public offer.

Public offer - what is it?

A public offer is considered to be an offer for the supply, sale or provision of certain services sent to persons, the number of whom is not determined or specified.

That is, the buyer in this case can be any person who responds to the offer. An example of a public offer is an advertisement that contains the supplier’s conditions, delivery dates, prices and an offer to conclude an agreement in one form or another.

Sometimes the seller specifically states in his advertisement that it cannot be considered a public offer. This means that there are additional terms and conditions that the seller will lay out when concluding the contract or negotiating the deal. The seller also reserves the opportunity to change the terms of the transaction if compliance with them turns out to be unprofitable for him.

Example

As an example of a public offer, we will give an offer from an online store. Actually, it does not differ in anything special from generally accepted contracts for the sale and supply of certain goods.

The difference is that the seller directly indicates in the introductory part that this agreement is both a contract and an offer, and also that it is addressed to any persons: both individuals and legal entities, without a specific indication of who exactly.

This is followed by standard chapters and paragraphs talking about the conditions and terms of delivery, prices, responsibilities of the parties, force majeure circumstances, special conditions etc. If the buyer places an order, this means that he agrees with the terms of the offer.

Are prices a public offer?

This question comes up very often. Let's try to answer it. Prices for certain goods are one of the conditions of the offer agreement. On our own prices are not a public offer. The cost of goods indicated on price tags in stores retail or in online stores are only advertising, an invitation to a transaction or an agreement.

Public offer on the website

A public offer posted on a particular website is nothing more than an offer to conclude an agreement, for example, for the supply or performance of certain actions, either by the person who published the offer, or for joint actions.

Such agreements include both purchase and sale agreements and agreements for joint events. Consent with the proposed offer can be expressed by registering on the website of the person who proposed the offer or by ordering a particular product.

Violation of a public offer

Both the person who offered his offer and the person who accepted it enter into certain contractual relations. These relationships can be either formalized by an agreement or remain sealed by an offer.

If either party violates its contractual obligations, liability arises within the framework of the Civil Code of the Russian Federation. Unless, of course, there is intent to commit a crime in the actions of the party that violated the contract.

Discussion (7)

Indeed, we often meet with an offer in everyday life. In newspapers, magazines, and other advertisements that publicly inform an indefinite circle of individuals and legal entities about the conditions for the sale of certain products, the issuance of loans under certain conditions, the procedure and sequence of concluding contracts. As a rule, the terms of the offer are mandatory for persons who publicly announced the offer.

Most scammers who create bait sites today rely specifically on the provisions of a public offer. At the same time, the person subscribing to the newsletter and subsequent purchase is usually not warned that he is entering into a contract.

Offer for ordinary person the word is not familiar, but everyone participates in it sooner or later. One of the types of offers is irrevocable, in which it obliges the offeror to enter into an agreement on the specified conditions without the possibility of refusal with all responding counterparties without exception. Therefore, such offers are not public and are applied to a limited number of people.

From the article “Prices themselves are not a public offer.”
But here I don’t agree, if you go to a retail store, then by law, in essence, price tags are a “public offer”, since they oblige you to sell the goods on these terms. And the law directly states what will happen to the seller who refuses to fulfill this “public offer”. But this topic can be debated for a long time.

An offer is not a clear word for an ordinary person, but nevertheless, every person sooner or later participates in such a transaction. For example, who hasn't received letters from banks with a credit card attached? Probably a good half of the population. This is an offer; the letter indicates both the payment procedure and interest rate and other necessary terms of the agreement between the bank and the potential creditor. And counterfeit is generally an interesting thing. In 2013, a man changed the terms of the loan so much that the bank ended up owing him a large sum. Since then, banks have somehow calmed down and are increasingly trying to communicate personally with clients.

There was a funny situation in our organization regarding counterfeits. As part of attempts to conclude an agreement for the rental of special equipment, counteroffers were exchanged with the potential contractor for almost a month; in total, the document was edited six times before acceptance occurred. In the end, of course, the contract was concluded.
But seriously, another type of offer is not discussed here. The so-called irrevocable offer, which obliges the offeror to enter into an agreement on the specified conditions with all, without exception, responding counterparties without the possibility of refusal. Therefore, such offers are not public and are used mainly in the area of ​​offers for the repurchase or full redemption of shares/bonds of an enterprise (for a limited number of persons). There is even a special type of offer bond. In this case, it is used for non-market regulation of the level of profitability of a security.
In general, any offer is a kind of touchstone, a pioneer of the contractual process, which allows monitoring of the target group without imposing special obligations on the offeror (unless, of course, it is an irrevocable document), the popularity of which is growing.

under the conditions described therein. It has a validity period, and it must be indicated. The initiator’s refusal to conclude an agreement on the proposed terms before the end of the stated validity period is unacceptable. The initiator does not have the right to change its content (except to increase the discount, reducing the cost to increase attractiveness) until receiving a response from the client within the specified period. It is possible to correct the proposal after communicating with the client, taking into account the latter’s suggestions. In the Civil Code of the Russian Federation, an offer is formulated as an offer by one party to consider itself a performer under an agreement with the addressee.

Mandatory clauses of the offer

Describing the offer in simple words, it is worth mentioning its mandatory points, without which it loses its meaning. They are listed in Art. 435-437 Civil Code of the Russian Federation.

• Conditions essential for concluding a contract are the subject of the contract, its term, price, terms of payment and performance in general.
• A specific proposal for a product or service indicating the type, model, qualifications, complexity and other precise parameters plus cost.
• The offeror's clearly stated intention to enter into a contract.
• Addressability. The offer must be addressed to a specific organization. The exception is a public offer, which can be used by anyone.
• Validity period. Based on an offer valid until July 2017, it is impossible to conclude a contract in September - the conditions previously proposed by the offeror will no longer be valid.

An example would be an agreement with annexes that has already been drawn up and signed by the offeror. In the business environment, there are often cases when cooperation begins without official acceptance of the proposal.

What kind of offer is there?

In business, it is associated with a commercial offer and has the following types.

Public and non-public offer

The fundamental difference lies in the specification of the addressee. Oriented towards the broad masses (promoted through advertising in the media and on TV, store windows, product catalogs) was called public. An advertisement can be considered an offer if it contains conditions essential for concluding a contract or making a purchase - the specific name of the product, its cost and the validity period of the offer. It is not similar to a contract. To obtain the goods or services described therein, it is necessary to conclude a contract with the terms, costs, rights and obligations of the parties specified in it.

An offer made for a specific client is considered non-public. The conditions offered to him will not suit others. Such a proposal must include the full name and address of the client. Its contents are not publicly disclosed, are not available to the general public and are protected by the law on personal data.

Other types of offer

In addition to public and non-public, there are the following types of offer.

• Irrevocable. As the name suggests, its terms cannot be revoked or changed. Expires upon expiration.
• Solid. Contains specific, detailed conditions and is focused on a specific client. But, if it is rejected or ignored, it can be offered to other potential clients. Usually this is an offer of cooperation for a number of companies in the same field of activity.
• Free. Contains a proposal for cooperation, has no time frame and does not impose strict obligations on the offeror.

Actions of the acceptor after receiving the letter of offer

IN business turnover It is customary to respond to a commercial proposal - independently or in response to calls and letters from the offeror. The answer is preceded by the following actions.

• Studying. Comparison of conditions, prices, terms, quality level, identifying benefits and negative aspects.
• Assessing the real benefits of cooperation. At this stage, the acceptor may have his own ideas. If he voiced them, it means that he was interested in the original proposal in principle.
• Drawing up a protocol of disagreements. A potential client has the right to reflect in it everything that does not suit him. This is done in order to adjust the offer and obtain more favorable conditions.
• Sending the signed agreement with a link to the protocol of disagreements or counter-offer. It is also possible to simply communicate verbally to discuss cooperation in the future.

Until the contract is signed, the offer - initial and counter - has the nature of a preliminary agreement. If the second is accepted for consideration, and the first is withdrawn, then a corresponding notification is sent about this. Proposals submitted are considered promptly. Delaying negotiations to agree on the terms of cooperation is punishable in accordance with Art. 507 Civil Code of the Russian Federation.

What is an offer agreement?

Unlike a regular commercial proposal, an offer agreement is a completed and unilaterally signed contract. It details all the conditions, indicates the type of transaction, its cost, start and completion dates, etc. significant conditions. The potential client only needs to sign, giving the start to cooperation. Such options are practiced when providing services to the public. A company representative communicates with a potential client, having in his hands a previously drawn up and signed by management agreement with all appendices.

A sample offer agreement should be drawn up similarly to a regular contract and is considered as an easier way to conclude it - without preliminary negotiations.

• The set of sections and clauses is strictly in accordance with the law.
• Taking into account the requirements of the Federal Tax Service and the bank in the wording.
• The optimal compromise for the parties.

In this vein, companies cooperate, being partners from year to year and regularly updating contracts.

You can only send a draft contract with an offer to a new potential client. The latter is not just business letter with an offer to work together, but accurate calculations, conclusions about the client’s benefits, a clear economic effect. You need to be prepared to make changes to the original conditions.

The word comes from the Latin “offero”, which translates as “I offer” - so the second option would be correct. This is an offer made to a person or several persons regarding a transaction concluded on certain contractual terms. In order for the offer agreement to be considered concluded, the addressee must receive acceptance (consent) to these actions. So, we have learned that it is correct to say “offer”, now let’s find out all the details about it.

What is an offer?

In Articles 435 - 449 of the Civil Code of the Russian Federation, which are specifically devoted to issues related to the offer, there is a direct indication that the contract will be considered concluded only if the condition is met that a specific offer made by one person must be accepted by another. One of the important conditions of the offer is the mandatory content of contractual terms that are essential.

As for the format of the offer, it can be different: written, oral, or in the form of a fax, telegram, or draft agreement.

The offer is especially popular in business circles.

What kind of offer is there?

There are several types of offers. The most common in legal practice:

• public;
• non-public;
• hard;
• free.

In addition to the listed options, there are also irrevocable offers and bonds with an offer, which ordinary citizens encounter much less frequently.

Public is addressed to an indefinite number of persons. In this case, the offer contains the essential terms of the contract (Article 437 of the Civil Code of the Russian Federation), which anyone can agree to. For example, an example of a public offer can be offers received from online stores. On their official websites you can find all the necessary information about the product (service) they offer: type, price, terms of purchase, etc. A person, having responded to the offer and taking the actions provided for in the public offer agreement, can make demands on the offeror in order to fulfill the terms of the agreement . It is also used by banking institutions.

A non-public offer can be offered to one person (or a limited number of persons). In particular, in this case, an invoice (invoices) may be issued for payment for services, work, goods, indicating all the necessary details.

If we talk about a firm offer, then it can be offered to only one buyer and only for certain period, during which the offeror is bound by obligations with the potential buyer. And from the moment the latter accepts the conditions stipulated by the offer (after his acceptance follows), the transaction will be considered completed.

If the proposal (offer) is intended simultaneously for a certain number of buyers, and its purpose is largely to monitor the market, then it is called free.

The offer and the consequences it entails

By sending an offer, the person by whom this was made automatically imposes on himself the obligatory fulfillment of all the conditions stated in the offer in relation to the person who accepted it. This condition is enshrined in clause 2 of Art. 435 of the Civil Code of the Russian Federation. Otherwise, the offeror will face adequate legal consequences.