One export company in China made an offer to a
问题详情
One export company in China made an offer to a foreign customer on October 25 by telex : "the offer is open subject to your reply reaching us before or on October 29 ". After receiving the offer, the foreign customer sent us a telex reply on October 27. The reply is as follows: "accept the offer of October 25 but reduce your price by 2%. " We were considering the suggestion of the customer when the customer telexed us on October 28 to revoke the reply of October 27 and accepted our initial offer(October 25).
Question: According to United Nations Convention on Contracts for the International Sale of Goods, can the customer revoke the telex reply of October 27 and accept our original offer？ Is this deal concluded？
(Translate the case into Chinese and the answer the question)
Helpful hint: This case is mainly about the offer and counter-offer.
参考答案
[翻译]中国一家出口公司于10月25日向一外国客户电传报盘：“该报盘以你方答复在10月29日前到达我方为准。”外国客户在收到我方报盘后于27日电传我方：“接受你方报盘，但要求降价2%。”我方正在考虑对方的还盘时，对方于28日又电传我方，称撤销其27日的答复，接受我方25日的报盘。
请问：根据《联合国国际货物销售合同公约》的规定，外国客户能否撤销27日的答复，接受我方报盘?合同是否成立?
The customer can't revoke the telex reply of Oct.27 and he can't accept the original offer either. Because the original offer is terminated after he counter-offered on Oct.27. So this deal isn't concluded unless the export company agrees to sell goods to him.
