Compromise

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📖 Detailed Explanation

In the context of foreign trade, 'Compromise' is not a strictly legal or ICC-defined trade term, but rather a business negotiation and dispute resolution strategy. It refers to buyers and sellers each making concessions on terms such as price, payment method, delivery time, quality standards, or claim amounts in order to reach an agreement or resolve a dispute. Common scenarios include: during contract performance, due to force majeure or market changes, one party cannot fully perform, and both parties adjust the terms through compromise; or in claim negotiations, the seller agrees to a partial refund, replacement, or discount, while the buyer waives the full claim. Points to note: a compromise should be clearly written into a written agreement (such as a supplementary agreement or settlement agreement), avoiding oral promises; it is necessary to distinguish 'compromise' from 'split the difference,' the latter specifically referring to the midpoint value in amount or quantity; also note that a compromise must not violate the applicable law or arbitration clause of the original contract. Compared with 'concession,' compromise emphasizes mutual concessions by both parties rather than a unilateral concession.

📝 Examples

1. Given the sharp rise in raw material prices, the seller was unable to deliver at the original price. After negotiation, both parties reached a compromise: the seller bears 60% of the additional cost, the buyer agrees to a 5% increase in unit price, and the delivery period is extended by 15 days. (Note: price and delivery time are adjusted simultaneously, reflecting mutual concessions.) 2. Regarding the quality claim for this batch of goods, the buyer initially demanded a full refund, while the seller only agreed to replacement. Finally, both parties compromised: the seller compensates 30% of the payment, and the buyer accepts the remaining goods and handles the defective items on its own. (Note: a compromise solution on the claim amount and disposal of goods.)

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