Welcome to Commodity Education and Training

We, at The Joker Brokers, have a combined experience of over 50 years in the grey market, off-ledger business. We thought that it is important to be educational, informative, and helpful to those that really would like to know about this business. If you are serious about this business it would be very important to be educational and informative.

We are going to discuss serious matters, for people seriously interested in international trade and higher finance.

As a member of our community you will receive periodic emails specific to those interests explored at our blog or The Joker Brokers, and this will include real trade procedures and documentation, compliance issues, fraud, scams, and everything relating to international business/finance from the point of view of those that have closed.

We have associates that are International Lawyers, corporate traders, brokers, export/import experts, intermediaries, even trained Bankers. All of these people find this list, the services, and products offered at The Joker Brokers to be very useful. If you want to learn more about international trading, commodities, import and export, and the whole realm of this business you will benefit from our membership. In fact, we are so sure that if you do not benefit from our membership then we will be more than happy to have you discuss with one of our associates (closers) what it really takes to make a close.


Thursday, March 3, 2011

Soft Offers Explained

There is no such thing as a soft offer, soft offers don't exist. All offers are liable to last approval, offers aren't reliant on final confirmation however quotations are, or request for quotations (RFQ's). This is a legal matter in contract law offer and acknowledgment are well outlined; offers indicate eagerness to contract on certain terms, the aim being that it shall become binding as fast as it is accepted by the individual addressed, the offeree. Offers must be accepted precisely as presented, without alteration. Any alteration is a counter-offer and destroys the first offer. This has to be accepted. However, requests for extra info and clarification don't represent a counter offer.
Now, it's right that under USA UCC or Uniform Commercial Code, there are some differences in how offers acknowledgment ties. The UCC permits definite expression of offer approval, or written confirmation of ad-hoc agreements, to represent valid approval even though further terms are mentioned or different terms from the primary offer or agreement are said.
Such extra terms are then treated as suggestions for addition into the governing contract and in effect become part of the contract unless the opening offer in particular boundaries acknowledgment to the offers terms or notification of objection to the such terms is presented in a fair time frame, and under certain other conditions. The conditions outlining an offer of sale include price, completion date, payment terms, and detailed fair outline of the service or product, including condition and quantities. Offers can be revoked before acceptance, so long as it isn't encompassed in a choice, by satisfactory communication to the offeree. You can literally write a credible offer with a Bic pen on a piece of paper if you wished to, and it might still be binding, even if that sounds a bit crazy.
 
Under USA UCC codes, and well as trade law as recognized by the EU and United Countries, quotes and offers are two separate undertakings and offers are binding under acknowledgment, where a soft offer would not make sense. Legally almost everywhere a quote is known as non binding (with a couple of minor exceptions in some scenarios, in certain domestic environments like the United States, in which explicit indication is given). For that reason there isn't any such thing as a soft offer, despite the odd use of this term by some traders and by law all offers are binding per and subject to the terms suggested.
 
Purchase orders are like offers in this regards. Offers generally are binding at time of acknowledgment. Under UK law such approval doesn't need to be suggested at the time of acknowledgment, legally it still is binding and under US law such approval does have to be suggested, once done it is jointly binding.
 
Either way an officially accepted offer is binding on all parties, in a similar way a contract is. This has to be accepted, offers create contractually binding conditions.
 
Plain and simple, soft offers don't exist, the word offer has particular legal definitions. Again, you can consult with any trade attorney to clear this up. This explains why there is no such thing as a soft offer. The phrase soft offer could be used informally in specific areas but this is a non standard use and thus evaded to stop confusion due to non standard terms.
 
Again, to recap by law all offers are legally binding thus actually a soft offer doesn't exist, while soft non binding quotations can and do exist. These details are crucial to understand, don't undervalue their significance.

For more information please visit: Professional Commodity Training

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