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After requesting the continuation of the performance of the contract, or requiring the other party to compensate for losses, or requesting the other party to make appropriate compensation, the contract is re-signed.
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If the negotiation fails, the only way to make a judgment is to sue the court.
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If the negotiation fails, let the other party bear the liability for breach of contract and compensate for losses.
Legal basis: Contract Law of the People's Republic of China.
Article 108:Where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may demand that it bear liability for breach of contract before the expiration of the performance period.
Article 112:Where one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, and the other party has other losses after performing its obligations or taking remedial measures, it shall compensate for the losses.
Article 113:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in a manner inconsistent with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract, but shall not exceed the losses that may be caused by the breach of the contract that the party violating the contract foresaw or should have foreseen at the time of entering into the contract.
Article 114:The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach.
If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to appropriately reduce them.
If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.
Article 115 The parties may, in accordance with the Security Law of the People's Republic of China, stipulate that one party shall pay a deposit to the other party as security for the creditor's rights. After the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.
Article 116: Where the parties agree on both liquidated damages and deposits, the other party may choose to apply the liquidated damages or deposit clause when one party breaches the contract.
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Legal analysis: The unilateral termination of the contract by the customer is a unilateral breach of contract, and the customer shall bear the corresponding liability for breach of contract in accordance with the terms of breach of contract liability agreed in the contract. If the contract does not clearly stipulate the liability for breach of contract, but one party to the contract pays the deposit, the party who pays the deposit is in breach of contract, and the other party does not return the deposit, and the party who accepts the deposit breaches the contract, the deposit is doubled.
Legal basis: Article 577 of the Civil Code of the People's Republic of China: If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
Article 588:Where the parties agree on both liquidated damages and deposits, the other party may choose to apply the liquidated damages or deposit clause when one party breaches the contract. If the deposit is not sufficient to compensate for the losses caused by one party's breach of contract, the other party may claim compensation for losses exceeding the amount of the deposit.
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"The 800 meters of our model will be postponed, what about this cloth, it will be necessary in the future, you can do it."
If what you say is true and there is a solid written record, then the contract has been formed and you can ask the other party to accept the goods and pay for them.
The worry is that there is no written record of this sentence, so it will be troublesome.
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Didn't you make a deposit before? Trust has a degree, and if it were all like that, it wouldn't be used for business.
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If you can negotiate, you can negotiate, and if you take the legal route, it's basically no fun.
Business activities should still pay attention to the amount of risk control.
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In the case of loss of trust interest, liability for negligence in the contract may be claimed.
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Zhejiang lawyer Sun:
If the seller is unable to prove the fact that the contract has been established, the litigation purpose of continuing to perform the contract cannot be achieved.
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