An offeror is a person who initiates a transaction. An individual or legal entity can act as a provider. For example, at the level of civil relations, the provider may be the seller or plumber who offers his repair services.
Goals and General Concepts
The main objective of the provider is not only to initiate a conclusion, but to conclude a transaction.
An acceptor is a person who has accepted a proposal to conclude a contract and all its conditions.
The offer, as a rule, has a written form and contains the basic conditions of the upcoming transaction. A striking example is a regular invoice for payment, which contains:
- goods that are planned to be purchased by an acceptor;
- quantity of goods;
- price;
- payment deadline.
The invoice may even contain information about the container or packaging, the terms of the payment, for example, 50% prepayment.
Historical reference
The offer, or offero, translated from Latin is an offer. The offer itself must contain conditions that will allow you to conclude a deal. Accordingly, the meaning of the word “offeror” is the person making the proposal.
Distinctive features of the offer and its concept
The terms "offer" and "offer" are inextricably linked. The offer must be specific and fully reflect the offer of the provider that he is ready to conclude a transaction on certain conditions, as well as:
- if the offer is withdrawn at the time of its submission, then it shall be considered rejected;
- until the acceptance within the agreed period, the offer cannot be withdrawn unless the document itself contains other conditions;
- acceptance on conditions other than that provided by the offer is considered a refusal and acceptance of another offer.
The timing
The offer should usually include a period, for example, until which date the offer is valid or by what time it is necessary to pay in order to accept the transaction. If there are no deadlines that the offeror has specified (we have considered the meaning of the word), then the contract is concluded and the offer is considered accepted.
In cases where the deadline is not specified, it all depends on the form of the offer. If the offer is oral, then the acceptor must express his consent or disagreement at the same time.
If the offer is written, but does not contain a time frame for its acceptance, then the generally accepted time for sending and returning, the time for considering the proposal should be taken into account. If the provider decides to withdraw his offer within this period, the acceptor, having accepted it but not notified the first of this, has the right to demand compensation for the losses incurred.
The response to the offer may come belatedly, and if at that moment the offeror changed his mind or revised the terms of the offer, he is entitled to inform the acceptor that the offer has expired and the contract cannot be concluded on the previous terms. If the acceptor does not react in any way, then this is considered a failure.
Types of offer
The following types of offers are distinguished:
- Public offer.
- Solid, that is, transferred to a specific partner, undertaking to accept it at a certain point in time, after which the transaction will be considered concluded.
- Free, offers the proposal to conclude an agreement for several partners at once. Such a document does not imply obligatory acceptance and does not require any answer from the acceptor. In fact, such a document is only an invitation to negotiations.
- Irrevocable. In this case, the offeror means a person who is not entitled to withdraw his offer. As a rule, this type of offer is used in the banking sector.
Public offer
It is assumed that the transaction may be concluded through the exchange of documents. For example, an offeror is a person who has transmitted a commercial offer to an acceptor. The offer stipulates all conditions, from cost and quantity to delivery conditions. In this case, it is not necessary to sign the contract, it is possible that an additional invoice will be issued. This form of relationship is most often found in online stores. For example, the buyer independently places an order on the seller’s website, pays for it and receives the goods. This is a public offer, that is, an offer through the media.
Bank guarantee
An offeror is a person who wishes to conclude a transaction, but in some cases a bank guarantee is required from him. In this case, the guarantee of the offer will be a bank guarantee, which is designed to confirm the inviolability of the intentions of the provider. The guarantee is submitted together with the offer in order to:
- guarantee that the offer will not be withdrawn before its completion;
- an order for delivery or work was unambiguously accepted, after which the offer was accepted.
As usual, a bank guarantee is required during tenders, and its validity is limited to the moment of conclusion of the contract.
Example of writing an offer
Form of the enterprise
Offer for the supply of goods
Addressee, his position and details of the legal entity
Ref. No. date
About the supply of products
Thank you for making a request, and we inform you that we can offer ... goods ...:
- quantity;
- cost;
- delivery conditions;
- deadlines.
Our offer is valid until ... (date).
Respectfully,
Director of JSC "Offerer" signature full name with decoding.