Re: [ubl] Naming of the Order Response document type

["Anders W. Tell" <anderst@toolsmiths.se>]

Tim McGrath wrote:

> At a recent presentation on UBL I was asked if we were aware of the 
> issues conerning naming our document type "Order Response". 
> The questioner expressed a concern that there were global trade 
> practice implications and we would be better to call this an 
> "Acknowledgement of Receipt of Order".  Apparently this was suggested 
> by  some authority in the United States.
>
> Does anyone know anything about this matter?  I cannot imagine what 
> this means but I committed to get a response from the TC - so i would 
> appreciate any input.

I suggest to read the following Model LAW and Recommendation that a 
global and highly normative references. They both defined relevant 
terminology and proper usage.
1.United Nations Convention on Contracts for the International Sale of 
Goods (Vienna 1980) ("CISG")
<http://www.ebxml.nu/en/index.php?option=content&task=view&id=15>

2. UN/CEFACT Recommendation 31: ELECTRONIC COMMERCE AGREEMENT
<http://www.ebxml.nu/en/index.php?option=content&task=view&id=14>


Reading the "cd-UBL-1.0" documents it seems as if ...
"Order Response Simple
The Order Response Simple is the means by which the Seller confirms 
receipt of the Order from the Buyer, indicating either commitment to 
fulfill without change or that the Order has been rejected."

Corresponds to BOTH "Acknowledge of Recipt" and "Acceptance of Order", 
its the instrument of acceptance. In order words the name could rather 
be OrderAcceptance.

The Order Response definition has a text which is more ambigous.
"Order Response
Proposed changes by the Seller are ?accomplished? through the full Order 
Response document.
The Order Response proposes to ?replace? the original Order. It reflects 
the entire new state of an order transaction. It also is the means by 
which the Seller confirms or supplies Order-related details to the Buyer 
that were not available to, or specified by, the Buyer at the time of 
ordering. These may include: ...."

It is difficult to determine what the term "accomplished" means, is it 
Accepence or a CounterOffer? When working with offer and counter -offers 
it is also recommended to define a Merger Clause.

Article 19 of CISG seems relevant in UBL case.

It seems fairly clear that Order Response Simple and Order Response do 
NOT correspond to "Acknowledgement of Receipt of Order" semantics. Maybe 
the proposer of change could add more information to the discussion?

However a suggestion is to take terminology from CISG and Rec 31 in 
order to improve global acceptence and lessens confusion.

Thanks
/Anders
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