The delivery bill is generally composed of the following seven parts:
1. The name of the customer;
2. Delivery number;
3. Delivery date;
4. The name and specifications of the goods;
5, unit and quantity;
6, unit price, amount;
7. The deliverer and the recipient.
1. The requirement for filling out the contents is clear and specific
1) The clear head receiving unit, the person receiving the goods, the contact phone
The effect is:
To a certain extent,
A. prevents the legal risk caused by the lack of evidence from the consignee (as well as the consignee) and the defendant in the lawsuit.
B. in the daily management of the company can make customers classified, clear the consignee clearer, so that the management of business information is more standardized and clear.
2) The name, quantity, unit price and total price should be written clearly
The effect is:
A. The legal role is to prevent the contentious dispute arising from the opposition of the other party to claim that the performance of our contract is not in conformity with the agreement.
Note: the contents of the delivery must be consistent with the purchase order, such as purchase contract, order or oral agreement, if the content is changed, it should be clearly stated in the delivery form.
B. In the daily management of a company, it is possible to make a detailed account of deliveries and check the property as a basis for it to be clear and clear, based on the careful assessment of employees' work and the basis for payment of goods.
3) The delivery person, the consignee (the consignee), the delivery date should be filled out clearly on the day of delivery.
Legal risk: no signer's receipt, it has no legal effect, the time of limitation of action, whether the contract performance is consistent with the agreement can not be determined, and it is easy to dispute. If the deliverer is not clear, it may lead to company management confusion.
Attention problem: the most common legal risk in practice is that the consignee is not a legal representative or a contract appointed consignee.
The party in the lawsuit denies the means of preventing the risk of receiving the goods.
A. In the telephone recordings, the name of the consignee at that time is clearly delivered.
B. at the time of delivery letter becomes clear and clear the consignee name, such as the contents of the letter from the objection, should be made clear to date before.
C. the actual consignee is the defendant in the lawsuit. The theoretical basis is to assign the contract rights to one party in the contract, the successor is the third party, or the plaintiff is to sue the consignee separately.
Practice attention: in the business process, we should have a detailed understanding of the basic situation of the other party so as to make it easier to clarify the identity of the defendant.
2. Special issue of delivery list content
Jing objection, may thus have the risk aversion.
Bottom: print if there are objections to the quality of the products, should be in receipt of goods within XX days of delivery of the parties, unless otherwise agreed.
Put forward and deal with the objection to the goods:
As the delivery party, we find that the actual quantity, the quality specification model, the brand and so on are not consistent with the agreement when the delivery is delivered.
It should be exchanged in time according to the transaction custom and contract agreement. Meanwhile, we must make up for the exchange of documents, ask the other party to sign the confirmation, so as not to cause more losses, so that the buyer's claim and payment can not be recovered.
We meet this situation as the receiving party.
The unqualified products shall be rejected and at the same time on the delivery note that proof of delivery does not comply with the contract, and timely coordination with each other to exchange or refund, and the amount of loss calculation details, and send a clear message to the other said, if the other party within the time limit is not in accordance with our requirements, it shall promptly notify the attorney.
3. Receipt of delivery
1, the company should formulate a four couplet delivery order, and the finance, the Treasury, the business and the receiving party should keep each one, and the content should be consistent.
2. When the company accounts with the arrears, it should be based on the bill of delivery.
3, when the arrears are not fully recovered, it is forbidden to destroy the delivery couplet and confirm the other party's signature. It should be kept permanently, and the employees should be transferred when they leave.
4, it should be classified and preserved in accordance with the delivery time or customer classification.
5, daily use of attention, if the need for fax, should be copied and then fax, such as the use of the other party, should try to avoid the use of the original.
4. Other matters of attention
1, the delivery bill signed by both parties shall be two copies, avoiding our non - original.
2, the other party must clear the specific content of the handwritten part (signature, time, objection, etc.) when the other party signatures, so as to prevent the expression of the other party's meaning.
3, if the other party to entrust the third party to receive goods, should be required to order by fax, text clear, or to clear or clear in the contract for the third party consignee or third party of bills, Dunning letter.
4, the name should be defined as "delivery list" and "receipt" to avoid the use of "out of the warehouse".
5, a supplier who has insured the credit risk knows that the invoice must be issued within 30 days after delivery. The purpose is to receivables, the creditor's rights are faultless, and the buyer is right.
6, the credit insurance can help the supplier transfer the buyer's malicious arrears, even the risk of bad business, the highest rate of payment is up to 90%! The export side can also undercover political risks.
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