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Preventive measures for legal risk of delivery of goods

1. Strictly fill in the name, stamp the official seal, or let the legal representative of the receiving unit sign the signature

Many enterprises reflect that it is difficult to build a official seal or to sign a legal representative, so that business can not be done. If so, we suggest that the following approach be taken:

If the warehouse keeper of the receiving unit signs the signature on the delivery slip, the delivery unit should send a newspaper or other useless information to the receiving unit as soon as possible.

The addressee should write the full name of the warehouse manager. The address of the receiving unit and the fixed phone should be written clearly.

If a security officer of a warehouse keeper or a receiving unit signs the courier, the court can generally conclude that the warehouse keeper is the employee of the receiving unit.

At the time, it is difficult for the receiving unit to deny it, and the court will not believe it.

2. Don't to write the time of payment

The bill of delivery is generally not written on the time of payment, and the delivery list is safer.

Because if there is no payment time, the delivery unit can ask the receiving unit to pay at any time.

If the time of payment is written, the delivery unit has no right to ask the receiving unit to pay before the time comes, and it is easy to fall into the risk of limitation of action.

3. The standard or acceptance method of the quality of the product should be written into the delivery list

The problem of product quality is the common disease of Chinese enterprises.

If the quality standard is clearly defined in the delivery list, the quality problem should be identified in accordance with this standard.

If there is no standard in the delivery order, according to the provisions of the contract law, the court generally requires the appraisal institutions to be identified according to the national standards and the industry standards.

In some industries, there are national standards, but there are no mandatory standards, but only recommended standards.

The goods sent (i.e. the enterprise's own standard) are often lower than the national recommended standards. If the delivery list does not specify the enterprise's own standard, it will lose the lawsuit.

The national recommendation standard is often used as the basis for the quality evaluation.

Therefore, enterprises should first understand whether their products have national standards, industry standards, local standards, and should be produced and sold according to the standards. If it is lower than the standard, the risk of the quality litigation is very large.

In particular, the individual enterprises in the provinces are professional liars, and they are specialized in looking for such enterprises and making many enterprises bankrupt.

A reasonable indication of the time and mode of the buyer's quality and quantity objections

The contract law stipulates the buyer's disagreement on the quantity and quality of the goods.

As a deliverer, the delivery date is best agreed with the objection time and the way of objection of quantity and quality, so as to avoid buyer's refusal to pay the goods on the grounds of insufficient quantity or quality defects and increase the risk of litigation.

In addition, it should be stated in the delivery list: "after the receipt of the goods, it should be accepted by itself within five days." If there is a quality problem, the objection should be raised within three days, and the unproposed is deemed to be the quality of the quality.

Such terms are very important and must be written in the delivery list.

4. the payment shall bear the payment directly to the delivery units designated account or official agent account

In the clear: if the delivery order receiving unit of payment, shall be paid to the following account: * * * *; any person without authorization, shall not receive payment, receiving unit shall not give any payment without formal written authorization, otherwise, as non payment of the purchase price.

Reasonable means of payment and liability for breach of contract

The means of payment include the type of money, the time of payment and the method of settlement. If the time of payment is agreed and the liability for breach of payment is broken, such as the calculation of 2 per thousand payments per day, if the buyer fails to pay the bill on time, the seller can claim liquidated damages for delayed payment.

In this way, if the buyer wants to delay the payment, it is concerned about the cost of default.