Tài liệu E-contracting & e-contracts pptx

Foreign Trade university
Foreign Trade university
Nguyen Van Thoan
Head of Ecommerce Department
E-contracting & e-contracts
Ecom - FTU - ThS. Nguyen Va
n Thoan
E-contracts
E-contracts
E-contracting
E-contracting
Slide 3
E-commerce Processes & Strategies - 2004
Case 1
October 25th, A (Australia) sent an e-mail to B(Hanoi) asking
B to design a website for A s shop. B replied by e-mail that ’
A s requirement can be done well, and suggested that they ’
should sign a contract
November 2nd, A sent another email describing all the
details of the requirements for the website. In the email, A
stated that B, please let me know if you can meet this “
requirements by this Friday. Reply by email is OK ”
On November 3
rd
, Friday, B replied by email the job has been “
started . A saw this email but had not opened it. After the ”
weekends, A came to office but he had changed his mind, he
did not want B to design the website for him.
Slide 4
E-commerce Processes & Strategies - 2004
Case 1

Questions
Q1. Between A and B, is there a contract
If so, where and when is the contract formed?
Options 1: There has been a contract
A sent the order, B accepted
Time and place in location of B’s office (Hanoi)
Options 2: There has not been any contracts
A -----> Order -----> B
A <----- Accept <---- B There has been no contracts
A ------> Confirm -----> B At this time there is a contract
Note: Two parties should stated where and when contract formed or which law is aplicable
also how to settle if disputs arise.
- Q2. Is there any differences if B’s mail server located in USA?
- Q3. Is there any differences if B’s email only gets into A’s information system on
Sunday morning?
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Case 2
Seller (Vietnam) and Buyer (Japan) met at
a Trade Fair in Hanoi and negotiated a
contract on 4
th
June 2005
- Product: 5.000 ceramics vases (sample agreed)
- Price: 2 USD/pc FOB HaiPhong port, Vietnam
- Delivery: 45 days after signing of contract
- Payment: TTR 50% in advance, 50% after delivery
- Port of delivery: Yokohama, Japan