1. Contract subject
Trap: Deliberately fill in the supplier as a unit that has a relationship with the contracting party but has no supply ability and no ability to independently bear economic responsibility. Or the demander is deliberately filled in as a unit that has a relationship with the contracting party but has no ability to pay and cannot bear independent financial responsibility.
Note: Check both the supplier and the buyer.
2. Basic information on the subject matter (goods) of sale
Trap 1: The product name deliberately does not write the full name to confuse the product variety; or the supplier does not write the product grade and trademark in order to To achieve the purpose of substituting the next best product; some suppliers do not write down the product specifications and models, trying to get through the delivery; other suppliers do not write down the manufacturer, and want to use low-priced and low-grade products.
Note: Write down the full name of the product clearly, clearly write down the brand name, trademark, clearly write down the full specifications, model, and clearly write down the manufacturer.
Trap 2: The supplier does not write down the random spare parts, accessories, tools, quantities and supply methods. Pictures are not provided free of charge.
Note: It is necessary to write down the random spare parts and quantity, and the accessories and tools and quantity. Also write clearly the methods and times for supplying the above supplies.
3. The quantity and measurement method of the subject matter
Trap 1: The product quantity or measurement method is deliberately agreed to be the company’s standard or measurement method.
Note: The quantity of the product should be expressed in the national standard unit of measurement. If there is no unified unit of measurement, the method of expressing the quantity of the product shall be determined by both parties, but it must be specific and clear. Vague measurement must not be used. Conceptual expressions, such as one piece, one box, one dozen, etc., should be explained in detail on the measurement methods used by both parties, such as one piece, one box, one dozen, etc., and the specific number of products included.
For certain products, when necessary, the positive and negative tail balance of the delivery quantity issued by the relevant competent authority (to be agreed upon by the parties if not specified by the competent authority), the reasonable poundage difference and the natural weight in transit should be stated in the contract. Regulations and calculation methods for reduction (increase) amounts. Pay attention to clarify the legal concepts of overpayment, underpayment and full delivery. During the performance of the purchase and sale contract for industrial and mining products, due to various reasons such as transportation, measurement, nature, and the performance of the product itself, differences and inconsistencies may sometimes occur between the number of shipments, the number of actual acceptances, and the number of deliveries stipulated in the contract. Phenomenon. At this time, only those who comply with the pound difference and increase or decrease range stipulated by law can be punished for underpayment, overpayment, or full delivery. Usually such legal provisions are within the scope specified by the relevant competent authorities.
Trap 2: The supplier does not write down reasonable losses, or writes more reasonable losses.
Note: Write the loss clearly and reasonably. The positive and negative tail differences, reasonable poundage difference, natural decrease (increase), etc. should be written scientifically according to the situation.
Trap 3: The supplier does not write down the quantity of random spare parts or accessory tools.
Precaution: Write down the number of random spare parts clearly. Also write clearly the methods and times for supplying the above supplies.
4. Technical standards of the subject matter (including quality requirements)
Trap 1: Do not write the quality standards; for complete sets of products, do not write the quality standards of the attachments; for orders based on samples, Samples are not sealed.
Note: Write down the quality standards clearly. Are they national standards? Or industry standards? Or enterprise standards? For complete sets of products, you must write down not only the quality standards of the main parts, but also the quality standards of the accessories. When ordering based on samples, the samples must be sealed as a standard for inspection and acceptance.
Trap 2: The supplier deliberately signs harsher conditions for quality responsibility in order to achieve the purpose of irresponsibility; or deliberately writes the period of quality responsibility too short, so that the demander does not have time to propose quality issues. objection.
Note: The conditions and deadlines for being responsible for quality must not only be written clearly, but also be written scientifically and reasonably.
5. Packaging methods and packaging requirements of the subject matter
Trap: The supplier does not write or clearly states the packaging standards, supply and recycling of packaging materials, and does not write down the cost burden. In order to achieve the purpose of simple packaging, saving money and effort.
Note: Write clearly the contents of the packaging, packaging standards, packaging labels, etc. The supply, recycling and cost burden of the included items must also be clearly stated to avoid disputes. Liability for damage to goods caused by improper packaging is clearly stipulated.
6. Product price and payment term, place and method
Trap: Not writing the unit price, evading price inspection, and creating conditions for tax evasion, or the buyer only writes the amount and quantity , do not write the currency.
Precautions: Write down the list price and currency.
7. Time limit, place and method of delivery
Trap 1: Do not write down the delivery location and delivery method in order to achieve the purpose of not assuming risk liability. Set up an ambush for dispute jurisdiction.
Note: Please clearly indicate the delivery location and method. When handling consignment, please also specify the means of transportation and transportation route.
Trap 2: The supplier does not write the delivery time, or writes the delivery time as: delivery from a certain day of a certain month of a certain year to a certain day of a certain month of a certain year, without writing the specific amount to be delivered on a certain day. goods.
Precautions: Write down the delivery time clearly. If delivered in installments, write down the specific quantity of each delivery.
8. Requirements for transportation methods and payment of transportation and miscellaneous expenses
Traps: Not writing or not clearly stating the transportation method; generally writing the destination (port); not writing the cost burden.
Note: Write clearly whether the mode of transportation is waterway, railway, road transportation, or combined transportation. It is necessary to write clearly whether the destination is the south station, north station, or other station of a certain city (region). It is necessary to write down the burden of freight. If it is shared, the amount or points to be shared must also be written down.
9. Standards, methods and dates for acceptance or inspection
Trap: The supplier does not write down the acceptance standards, methods and time limit for raising objections, or sets the time limit for raising objections too long. short.
Note: Make clear provisions on the method of goods acceptance. Clearly stipulating the acceptance method of goods is related to the overall economic benefits expected by both supply and demand parties and the success of cooperation. It is also a place where quality disputes are prone to occur, so care must be taken to clearly specify it. The contract should clearly state: the time for acceptance; the means of acceptance; the standards for acceptance; who is responsible for acceptance and testing; when a dispute occurs during acceptance, which level of product quality supervision and inspection agency will perform arbitration, etc. Generally, the acceptance methods include appearance acceptance; physical and chemical acceptance; installation and operation acceptance; destructive acceptance, etc. Which method is used should be clearly stated in the contract. If some acceptance inspections need to be entrusted to relevant professional departments, they should be entrusted to national statutory inspection agencies to ensure the legal effect of their acceptance. At the same time, the acceptance period should be clearly stated in the contract. If the state has stipulated a time limit for inspection and acceptance, it shall be carried out according to the time limit stipulated by the state; if the state does not stipulate it, the two parties can agree according to the following principles: if the demander picks up the goods by himself, the goods shall be checked and accepted in person when picking up; if the supplier delivers or transports on behalf of the party, , the acceptance shall be completed within 10 days after the goods arrive. In special circumstances, both parties shall accept the goods upon arrival or within a reasonable period. Without acceptance, it shall not be used. Once used, it will be deemed to have passed the acceptance, and no objections to quantity or quality can be raised. In addition, the location of acceptance should also be clearly specified in the contract.
10. Settlement method
Trap: The buyer does not write the settlement method and period, or only writes the settlement method but not the settlement period. to extend the payment period.
Note: Write down the specific method of settlement and the settlement period. If payment is made in installments, the date and exact amount of each payment must also be written down.
11. Liability for breach of contract
Trap: The party who is likely to breach the contract does not write down the liability for breach of contract, or writes down the liability for breach of contract too lightly.
Note: Be specific about your liability for breach of contract. It is best to clearly state the liability for breach of contract for each of the other party's non-fulfillment of obligations, so as to restrain the other party and make it perform its contractual obligations correctly and fully.
12. Methods for resolving contract disputes
Trap: Do not write down the method for resolving contract disputes; choose the contract resolution method and jurisdictional authority that is beneficial to you.
Note: Write clearly the method of resolving the dispute, whether arbitration or litigation. Determine the jurisdiction of the dispute.
13. Signing, signature, seal, etc.
Traps: 1. Not paying attention to indicate whether the signer is the legal representative or another authorized agent authorized by the legal representative. 2. No official seal is used; or the official seal is not used, but an unregistered contract seal or even business seal is used, or the seal of a branch or a subordinate department of the company is used.
Note: The official seal must be affixed. Some units’ contract-specific seals can also be registered, but this is difficult to judge. The person signing must be the legal representative of the company, or an agent with a clear power of attorney, but the other party must keep the power of attorney for future reference.
1. Contract subject
Trap: Deliberately fill in the supplier as a unit that has a relationship with the contracting party but has no supply capacity and no ability to bear independent economic responsibility. Or the demander is deliberately filled in as a unit that has a relationship with the contracting party but has no ability to pay and cannot bear independent financial responsibility.
Note: Check both the supplier and the buyer.
2. Basic information on the subject matter (goods) of sale
Trap 1: The product name deliberately does not write the full name to confuse the product variety; or the supplier does not write the product grade and trademark in order to To achieve the purpose of substituting the next best product; some suppliers do not write down the product specifications and models, trying to get through the delivery; other suppliers do not write down the manufacturer, and want to use low-priced and low-grade products.
Note: Write down the full name of the product clearly, clearly write down the brand name, trademark, clearly write down the full specification, model, and clearly write down the manufacturer.
Trap 2: The supplier does not write down the random spare parts, accessories, tools, quantities and supply methods. Pictures are not provided free of charge.
Note: It is necessary to write down the random spare parts and quantity, and the accessories and tools and quantity. Also write clearly the methods and times for supplying the above supplies.
3. The quantity and measurement method of the subject matter
Trap 1: The product quantity or measurement method is deliberately agreed to be the company’s standard or measurement method.
Note: The quantity of the product should be expressed in the national standard unit of measurement. If there is no unified unit of measurement, the method of expressing the quantity of the product shall be determined by both parties, but it must be specific and clear. Vague measurement must not be used. Conceptual expressions, such as one piece, one box, one dozen, etc., should be explained in detail on the measurement methods used by both parties, such as one piece, one box, one dozen, etc., and the specific number of products included.
For certain products, when necessary, the positive and negative tail balance of the delivery quantity issued by the relevant competent authority (to be agreed upon by the parties if not specified by the competent authority), the reasonable poundage difference and the natural weight in transit should be stated in the contract. Regulations and calculation methods for reduction (increase) amounts. Pay attention to clarify the legal concepts of overpayment, underpayment and full delivery. During the performance of the purchase and sale contract for industrial and mining products, due to various reasons such as transportation, measurement, nature, and the performance of the product itself, differences and inconsistencies may sometimes occur between the number of shipments, the number of actual acceptances, and the number of deliveries stipulated in the contract. Phenomenon. At this time, only those who comply with the pound difference and increase or decrease range stipulated by law can be punished for paying less, paying more, or delivering the full amount. Usually such legal provisions are within the scope specified by the relevant competent authorities.
Trap 2: The supplier does not write down reasonable losses, or writes more reasonable losses.
Note: Write the loss clearly and reasonably. The positive and negative tail differences, reasonable poundage difference, natural decrease (increase), etc. should be written scientifically according to the situation.
Trap 3: The supplier does not write down the quantity of random spare parts or accessory tools.
Precaution: Write down the number of random spare parts clearly. Also write clearly the methods and times for supplying the above supplies.
4. Technical standards of the subject matter (including quality requirements)
Trap 1: Do not write the quality standards; for complete sets of products, do not write the quality standards of the attachments; for orders based on samples, Samples are not sealed.
Note: Write down the quality standards clearly. Are they national standards? Or industry standards? Or enterprise standards? For complete sets of products, you must write down not only the quality standards of the main parts, but also the quality standards of the accessories. When ordering based on samples, the samples must be sealed as a standard for inspection and acceptance.
Trap 2: The supplier deliberately signs stricter conditions for quality responsibility in order to achieve the purpose of irresponsibility; or deliberately writes the time limit for quality responsibility too short, so that the demander does not have time to raise quality issues. objection.
Note: The conditions and deadlines for being responsible for quality must not only be written clearly, but also be written scientifically and reasonably.
5. Packaging methods and packaging requirements of the subject matter
Trap: The supplier does not write down or does not clearly write down the packaging standards, supply and recycling of packaging materials, and does not write down the cost burden. In order to achieve the purpose of simple packaging, saving money and effort.
Note: Write clearly the contents of the packaging, packaging standards, packaging labels, etc. The supply, recycling and cost burden of the included items must also be clearly stated to avoid disputes. The liability for damage to goods caused by improper packaging is clearly stipulated.
6. Product price and payment term, place and method
Trap: Not writing the unit price, evading price inspection, and creating conditions for tax evasion, or the buyer only writes the amount and quantity , do not write the currency.
Precautions: Write down the list price and currency type.
7. Time limit, place and method of delivery
Trap 1: Failure to write down the delivery location and delivery method in order to achieve the purpose of not assuming risk and liability. Set up an ambush for dispute jurisdiction.
Note: Please clearly indicate the delivery location and method. When handling consignment, please also specify the means of transportation and transportation route.
Trap 2: The supplier does not write the delivery time, or writes the delivery time as: delivery from a certain day of a certain month of a certain year to a certain day of a certain month of a certain year, without writing the specific amount to be delivered on a certain day. goods.
Precautions: Write down the delivery time clearly. If delivered in installments, write down the specific quantity of each delivery.
8. Requirements for transportation methods and payment of transportation and miscellaneous expenses
Traps: Not writing or not clearly stating the transportation method; generally writing the destination (port); not writing the cost burden.
Note: Write clearly whether the mode of transportation is waterway, railway, road transportation, or combined transportation. It is necessary to write clearly whether the destination is the south station, north station, or other station of a certain city (region). It is necessary to write down the burden of freight. If it is shared, the amount or points to be shared must also be written down.
9. Standards, methods and dates for acceptance or inspection
Trap: The supplier does not write down the acceptance standards, methods and time limit for raising objections, or sets the time limit for raising objections too long. short.
Note: Make clear provisions on the method of goods acceptance. Clearly stipulating the acceptance method of goods is related to the overall economic benefits expected by both supply and demand parties and the success of cooperation. It is also a place where quality disputes are prone to occur, so care must be taken to clearly specify it. The contract should clearly state: the time for acceptance; the means of acceptance; the standards for acceptance; who is responsible for acceptance and testing; when a dispute occurs during acceptance, which level of product quality supervision and inspection agency will perform arbitration, etc. Generally, the acceptance methods include appearance acceptance; physical and chemical acceptance; installation and operation acceptance; destructive acceptance, etc. Which method is used should be clearly stated in the contract. If some acceptance inspections need to be entrusted to relevant professional departments, they should be entrusted to national statutory inspection agencies to ensure the legal effect of their acceptance. At the same time, the acceptance period should be clearly stated in the contract. If the state has stipulated a time limit for inspection and acceptance, it shall be carried out in accordance with the time limit stipulated by the state; if the state does not stipulate it, the two parties may agree according to the following principles: if the demander picks up the goods by himself, the goods shall be checked and accepted in person when picking up; if the supplier delivers the goods or transports them on behalf of the party, , the acceptance shall be completed within 10 days after the goods arrive. In special circumstances, both parties shall accept the goods upon arrival or within a reasonable period. Without acceptance, it shall not be used. Once used, it will be deemed to have passed the acceptance, and no objections to quantity or quality can be raised. In addition, the location of acceptance should also be clearly specified in the contract.
10. Settlement method
Trap: The buyer does not write the settlement method and period, or only writes the settlement method but not the settlement period. to extend the payment period.
Note: Write down the specific method of settlement and the settlement period. If payment is made in installments, the date and exact amount of each payment must also be written down.
11. Liability for breach of contract
Trap: The party who is likely to breach the contract does not write down the liability for breach of contract, or writes down the liability for breach of contract too lightly.
Note: Be specific about your liability for breach of contract. It is best to clearly state the liability for breach of contract for each of the other party's non-fulfillment of obligations, so as to restrain the other party and make it perform its contractual obligations correctly and fully.
12. Methods for resolving contract disputes
Trap: Do not write down the method for resolving contract disputes; choose the contract resolution method and jurisdictional authority that is beneficial to you.
Note: Write clearly the method of resolving the dispute, whether arbitration or litigation. Determine the jurisdiction of the dispute.
13. Signing, signature, seal, etc.
Traps: 1. Not paying attention to indicate whether the signer is the legal representative or another authorized agent authorized by the legal representative. 2. No official seal is used; or the official seal is not used, but an unregistered contract seal or even business seal is used, or the seal of a branch or a subordinate department of the company is used.
Note: The official seal must be affixed. Some units’ contract-specific seals can also be registered, but this is difficult to judge. The person signing must be the legal representative of the company, or an agent with a clear power of attorney, but the other party must keep the power of attorney for future reference. ?