Guarantee the completeness of the appropriate and important clauses of the contract signing form - World Credit Organization

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    • 7.2 Guarantee that the form of contract signing is appropriate and the important terms are complete

    1. Choose the appropriate contract signing form

    Contracts can be signed in written form, oral form, fax form, e-mail form, etc. The form of written signing includes two forms of written face-to-face signing and written letter signing. The former refers to the signing of both parties in person, and the latter refers to the signing of both parties by letter.

    For important contracts such as credit sales contracts, they must be signed in written form. If necessary and possible, they should be signed in writing as much as possible. For high-risk contracts, try not to sign them by fax or email. Although the method of signing contracts by fax and e-mail is legal in itself, it is difficult to prove the contract signed by fax and e-mail when there is a contract dispute, or when encountering a professional liar, especially the facsimile contract, which is easy to forge. Uniqueness is always denied by liars. If your company always signs credit sales contracts with others by fax, and one of the 100 contracts is maliciously defaulted, the bad debt loss may be higher than the profits created by the other 99 contracts.

    2. When signing a contract, you should strictly review the terms of the contract to ensure that the important terms are complete. If possible, you may wish to consult a professional.

    According to the characteristics of contract fraud, in order to prevent the other party from taking advantage of the incompleteness of the contract terms to defraud the interests, the terms of the contract should be strictly reviewed so that the relationship between contract rights and obligations can be standardized, clear, and easy to perform and supervise, and special attention should be paid to the contract. The completion of the important terms.

    The important terms of the contract generally include:

    1. Goods quality or service quality standards, namely: the quality requirements that goods or services should meet;

    2. The price of goods or services;

    3. Delivery or service time;

    4. Delivery or service location;

    5. Delivery and inspection method (signature of delivery certificate, inspection time);

    6. Payment method (cash, transfer, money order);

    7. Invoice issuance time (whether the invoice is issued before payment or after payment);

    8. For mechanical products, it is also necessary to agree on the quality guarantee period, the method of responsibility for quality problems during the quality guarantee period and the method of proof (such as: how to identify quality problems caused by improper operation by the user, how to notify after quality problems occur and how to confirm maintenance items), whether to carry out operation training, etc.

    The agreement on the above important clauses should strive to be clear, clear, complete and tireless, and must not be ambiguous, incomplete or ambiguous, which will bury hidden dangers for the future performance of the contract.

    Irregular contracts, in terms of payment terms, may bring opportunities for buyers to renege on their debts; but they also lay hidden dangers for buyers' product quality disputes and quality compensation. A standardized contract eliminates the buyer's chances of bad debts, increases the guarantee of the quality of the product purchased by the buyer, improves the guarantee of the seller's creditor's rights, and promotes the quality of the seller's products. Therefore, although a standardized and complete contract is complicated, it is also conducive to protecting the legitimate rights and interests of both parties. Practice has proved countless times that the simpler the contract, the greater the risk. If the customer complains that the content of the contract is too complicated and therefore refuses to sign the contract, attention should be paid to the real reasons and motives behind the customer. Sometimes it means that the customer's management quality is poor, and sometimes the customer has bad motives such as deception.

    At the same time, I also noticed that some people signed an incomplete contract with others with the mentality of making a small profit, and suffered relatively large losses as a result. What needs to be reminded is that scammers are always motivated by the psychology of taking advantage of some people to make a small profit, and sign some contracts that cannot be effectively investigated for legal responsibility afterwards.

    The author has encountered some real cases where the contract suffered losses due to incomplete important clauses. For example: An enterprise does not specify the payment method in the contract, and usually the salesman takes the receipt to collect the payment. One day, the salesman died suddenly. When the company went to collect the money, the other party took out a receipt of 900,000 yuan, saying that the money had been paid to the salesman.

    The above content is excerpted from "Building an Integrity Unit - ICE8000 Integrity Management" (written by Fang Bangjian, free to use, but please indicate the source)