交通工程視聽(tīng)說(shuō)英語(yǔ)教程錄音材料第二單元Scriptunit2

1、-WORD格式 - 可編輯 -ScriptUnit 2 Contract NegotiationPre-listening ActivitiesBusiness Contract Basics Important Points to Remember When Putting Together a ContractIf you spend enough time dealing with customers,you will at some point have to deal with the contractsrelatedto the serviceyou provideto those

2、customers.At first, contracts can be intimidating, but likemost things in life want to get a better practice, youwill be better at dealing with these agreements. Thefollowing slides wont teach you to be a lawyer, butthey will provide you some real world insights that will help you when it comes time

3、 to deal with the contract. You wont believe how many contracts I have seen come across my desk, but did not have the proper signatures.What I mean by the propersignaturesis thatthe clientwho is getting the product or the service has signedthe contract, and the person that is supplying thatproduct o

4、r service has also sign the same contract.You have to have both signatures on the samedocument in orderforitto be a contract.A lotof smartcontracts now have this wording below the signatureline: authority to bind the company. This wordingserves as a reminder to the person who was actuallysigningthe

5、contractthattheymust have the authorityto commit to the terms of the contract that they wereabout to sign.Basicallythe clientby signingitsays,yes,“I can pay for this product or service that Imabout to receive” , and then subsequently the companyrepresentativeis alsosaying,“Yes, I can delivertheprodu

6、ctor the service as its outlined” in thecontract. All contracts should have these basic-WORD格式 - 可編輯 -elements:Number one: A start dateWhen are you going to deliver the product or theservice?Number two: Contract lengthThis can be any durationof time from a day, a week,a month, seven months or even f

7、our years.Number three: Details of the product or serviceThis item can never have enough detail. The goalhere is to make sure both parties know exactly what isto be done in the contract right down to the finestdetails. It is important to make sure everyonesexpectations are absolutely crystal clear.N

8、umber four: PricesYes, it is important to list out the price you arecharging for the service for the part that you areselling. Making sure that contract details what isincludedis justas importantas to what is not includedin the price. When you think price, think number ofunits,value,frequencyand any

9、 and alldiscounts,andfor how long that price will be in effect you may wantto offer discounts are increases in your price ifcertain conditions apply such as a customer who buysmore than expected or less than agreed to. Keep theseoptions open because you never know what will happenin the future.Numbe

10、r five: Payment termsIn the old days when business was a local exchangeof goods and services,payment terms are paid much cashwhen you bought or received the product or service. Asbusiness became more international, it becameinconvenientto pay cash, forsay,shiploadof ironore,so payment terms became p

11、art of the contract. Payment terms and sure there is a timely balance between the-WORD格式 - 可編輯 -deliveryof the serviceto the payment forsuch service.Some companies can afford to extend payment terms forbiggerdeals but some need to be paid immediately.Whenyou are negotiating payment terms, ensure you

12、 canafford to terms you agree to, otherwise you may findyourself overextended credit wise and not be able toafford to pay your employees or other key providers.Number six: Mailing addresses.In your contract make sure you have the mailingaddresses of that person who signed the contract andthe mailing

13、address and name of the person or departmentyou were to send the invoicesto.Same appliesifyouregettingpaid make sure your customer knows where to sendthe checked, either way you will save a lot of time inminimizing confusion,if you re at this to thecontract .Number seven: Approved signatures.Now wer

14、egoing over thisagain but thisissimple.Make sure the people who signed the contract have theauthority to commit to the terms of the contract whenin doubt, ask for proof.Dont wrist disappointmentor extra cost because you didnt do this step. When itcomes to contractsand promises,the only validpromisei

15、s a promise that is written into the contract.While-listening ActivitiesVideo OneBusinessContract Basics: Important Points to Remember When Putting Together a ContractEverything else is simple words, unspoken words are not binding, which they were, but that is not the case. So the contractors say we

16、 will pick up and dispose ofall access material, get it in writing, if the client-WORD格式 - 可編輯 -sayswe willgive you more business,and ifyou deliveron time, have them put that in writing. It is easy tobelieve or have faith in the other party when yourenegotiatinga contract.You want totaketheirword fo

17、reveryonewho has good intentions,butsituationschange,people change. To ensure everyone remembers what theypromisedby puttingitinwritingand incorporatingitinto the contract. It is natural that a contract willcallback and forthbetween yourcompany and yourclient,is each party fine tunes what they will

18、agree to andwhat they want change or adjusted in the contract.Electronically written contracts for document canbe adjustedand oralteredwithouttheotherpartybeingtold or being aware of it. Electronically writtencontracts or documents can be adjusted and or alteredwithouttheother partybeingtold,oreven

19、beingaware,you can get around redline in Word documents, like itor not, its a fact. So you have to guard against thispractice by reviewing the redline contracts that comeback to you. Most people will concentrate theirattentionon the sectionsthathave been redlined,butit is always good practices to sc

20、an the rest of adocument toensurenothingelsehas changed. One quickand easy way to do thisistofirstensurethatyou havethe same number of pages in the contract.Secondly you can scan a contractby lookingforthesame words at the beginning and ends of each line, andcomparing them to the original and the re

21、d-linedversion. As you can see in this example the words anyand against appear on the 3rd in eight lines as in theoriginal, also we have ballpoint A through D in bothcopies,she can be prettysure thatthissectionon thecontracthas not been altered.Ifthatsectionhad wordsadded orremoved and the words wer

22、e not lineup thesame-WORD格式 - 可編輯 -way, this would be RBS with gas pressure fun changesas well.Every contract will have some changes made to it,when itdoes, both partiesmust agreetothosechanges.The changes need tobe initiatedby bothpartiesorthechange is not deemed accepted into the contract. Thispro

23、cedure also stops one party from making changesafter the contract has been signed and ensures theintegrity other contract process.It is a good idea to actually write such a clauseinto your contract to ensure that both partiesunderstandthatallchangeshave to be mutuallyagreedto. One would thinkthisisa

24、n obviouslie,butrealityhas taught me quite differently. Here is a scenario toconsider. John works for a software company and Johngets paid a commission for each of his software sales.John knows thefullpriceofthis company software,butJohn also knows he can sell more software if hediscounts the price

25、John might not really know what itcost actually right cell and support the software hiscompany is selling. All he knows is he gets paid if hesells. So John s motivations may not align with hiscompanys objectives.Whenitcomes todiscountsome productsorservices,make sure everyone in your company knows w

26、hat is theabsolute lowest price that is acceptable, you run abusiness,not a charity.Dontgive away the companysprofitsby adding excessivediscountsintoa contract.When you are negotiating a contract, always trying to keep in open mind new approaches and charms to acontract.It is natural to immediately

27、dismiss any changes to your contract, but try and listen to new approaches in new ways looking at the business. Sometimes these-WORD格式 - 可編輯 -new ideas willcome from your client,and your customers,your best reaction is not to react, but to listen andask questions, lots and lots of questions Try toun

28、derstandwhere they re coming from, if you let theother person explain their position, their logic andtheir reasons why they are asking for what they areasking, you might see an opportunity or approach thatyou never thought it before, always respond this way,“ oh,all that s interesting” .“Why is that

29、important to you and or your company?The worst contracts are the ones done in a rush.It is well known that most concessions and contractsare done in the finalhours at the negotiation.Do whatyou can to avoid hurried time or sensitive situations such as signing a bunch of contracts on the last day of

30、the month or at the end of the quarter. Try to minimize the straps by not setting a deadline to sign by a certain day or a certain time. Of course you will have to eventually sign the contract, but you can now predict ahead of time what issues will come up in thenegotiation phase. So don t be at a d

31、isadvantage and leave yourself some extra time and flexibility.Contracts can impact businesses in many ways, unless you on run and manage a one-person business. Chances are very high that the contract youre about to signwill affect a lot of people in your company. People may be hired, expensive mach

32、inery purchased, office spaceis rented, and budgets changed, and so on.So now is the time to hand over your about-to-be signed contract to a trusted party in your company, or organization for them to have a review of the deal.They may have a perspective of our knowledge about a certain situation do

33、you were not aware of. Thisinformation may have a material impact on the deal or-WORD格式 - 可編輯 -simply point out something that might become anirritantlateron. The pointis thatyou won t (unlessyou get a second or a third opinion also). This givesotherfolksin the organizationthe abilityto know andmana

34、ge to the contractterms and thatalone willensurefor successful contract.Thank you for watching this presentation oncontract basics.I hope the information has been helpful to you.Video TwoHowto Negotiatea Contract:NegotiationTips & TacticsIn thissegment, we re going to look at an overviewnegotiation

35、in its entarity, if you want to think ofnegotiating as being a process of the curves betweentwo or more people across the table.In factitsbetterto thinkof negotiatingas entiremembers of the process.Now look at this map as you will see there are threedistinct elements into negotiation.Pre negotiation

36、Well,you need to get a mandate and you need to plan,so that you know what to do when you sit down with theother party.Phase two is the negotiation itself.It can last from half an hour, to an hour to a day, to a week, to a month. I was once involved in the gasnegotiation between the British Gas Autho

37、rity and Norway which last fourteen years, so there is no ruleabout how long a negotiation takes. Alright, lets go back to the final stages, whichis an implementation.However good settlement is with the other party, however clear the contract, however many people have-WORD格式 - 可編輯 -signed it, its va

38、lue is only the extend to which its implemented. So that is a crucial area. So this is themanagement process.Lets have a look at phase one again, obtaining amandate. Now you may have the authorityto set your ownmandate. Many managers and directorsdont,they haveto get permission from the board or fro

39、m their boss.Somepeople seem to be betterat gettinga mandate thanothers,when they go and talkto somebody they come awaywith what they wanted, whereas most of us, we win someand loose some.Now I am interested in how it is that a fewindividuals seem constantly to get their own way.Second, planning.Itw

40、ould be ridiculouson a majornegotiation to go and sit down with the other partywithout having thought through some of the issues andhow to handle what itinvolves.Finallythe face to face,this is what most people are interested in.Howdo you actuallyget what you want when sometimesit is in conflict wit

41、h what the other party wants? Weshould be looking at that in some detail.And finally, implementations.Particularly how to avoid misunderstanding fromthe contract during the implementation phase.It happens. It happens a lot I have detail with iton many occasions. And how to get commitment from theoth

42、er side to implementation even when unforeseenobstacles arise. So those are the three phases andthey re all interactive. These authorities, forexample, some with an amazing tactical in the face toface thatmay give him sufficientreputation,I supposeyou can say,withhisdirectorforthem to givehim theman

43、dates he asks for. Somebody who is very good at getting a mandate may make the task of the negotiation-WORD格式 - 可編輯 -easier. That person could be with someone who did not get a very good mandate and implementation is the area that very few people focus on obviously as I have said before that s key t

44、o ensure the value of the contractis realized by both parties.Video ThreeHow to Negotiate Effectively?Hi,thisisDeCima, and I am back witha new lessonon how to negotiate effectively. Well, what is it tonegotiate or what does negotiation really mean?Negotiation basically means an exchange of thingsbet

45、ween two people or two parties. So if I were tonegotiate with you, I would be exchanging somethingthatI have forsomething thatyou have, so forexample,say, I have a car, I have a car but I dont have a lotof money. Now I am in need of money, but you are in needof a car.So what am I going to do? Im goi

46、ng to exchangemy car in return for the money that you are willing topay me for my car. So the talks that follow dependingon whether we like to exchange the car for the moneyis what negotiating is all about. So negotiating,should I say, is making a deal.So ifImdone withnegotiatingI have made a deal.O

47、kay. Well, please note: that there are various stepsto making a dealor negotiatingeffectively.The firstone is: decide on your break-even point. What is abreak-even point? A break-even point is basically thelowest amount, or shall I say, the cheapest price innon financial terms I would call it the wo

48、rst casescenario.So when you are tryingto exchange somethingthat you have for something that someone else has,youve got to decide on what is the lowest amount, the-WORD格式 - 可編輯 -cheapest price, or the worst-case scenario you arewillingto accept beforemaking a deal,or beforesayingyes Im willing to ta

49、ke that and give you this. So forexample, you know,Imay have say,100 thousanddollarsin my bank account what I dont have that much money,but suppose I do and I want to go and buy a house. NowI veseen thisreallywonderfulhouse, you know,withthe really large living room, two nice bathrooms, astudy in ev

50、erything, and you know, the person who isselling me his house is willing to give it away, forsay, one hundredthousanddollars.Nowthatstheexactamount I have inmy bank account.Do you thinkand thatis my break even point? Iwouldntsay so. A break-evenpoint is, as I said, the lowest amount or the cheapestp

51、riceIm willingtoaccept to exchangewhat Ihave forsomething that I want. So you gotta be very carefulaboutknowing whatisyour breakeven point, otherwiseyou might end up accepting a deal that is not in yourbest interests.The next pointtonegotiatingormaking a dealworkin your favor is to know what you are

52、 worth. What doesit mean to know what I am worth? Okay, you gotta twoquestions to yourself. Do I have something the otherperson needs?Question number two: does the person need me morethen I need him? So when you know what is your worth,you are in a position to negotiate more effectively,so suppose I am a jewelryvendor,so Iam tryingtosellvery rare diamonds,you know, say