Precautions for contracting contracts, and what issues need to be paid attention to in contracting c

A processing contract is a contract in which the contractor completes a certain amount of work in accordance with the requirements of the contractor, and delivers the work results to the contractor, and the contractor accepts the work results and pays the agreed remuneration. In the processing contract, what should the contractor pay attention to when signing the contract? Clause.

1. Material Risk BurdenArticle 265 of the Contract Law stipulates that the contractor shall properly keep the materials provided by the contractor and the completed work products, and shall be liable for damages if damage or loss is caused by improper storage. According to this article, it can be seen that if the materials are not damaged or lost due to the contractor's improper storage, the contractor shall not be liable.

That is to say, if the damage or loss of the materials provided by the contractor is not caused by the fault of the contractor, the risk of damage and loss of the materials shall be borne by the contractor. Clause.

2. The burden of delivery of the results means that before the contractor delivers the work results to the contractor, the risk of accidental damage and loss of the work products shall be borne by the contractor, and the risk shall be borne by the contractor after delivery. Therefore, the contractor should consider whether to sign the contract after paying attention to the above-mentioned risk burden when signing the contract, so as not to assume too much risk in the later stage. Legal basis:

Article 133 of the Contract Law of the People's Republic of China The ownership of the subject matter shall be transferred from the time of delivery of the subject matter, unless otherwise provided by law or otherwise agreed by the parties. Article 142 of the Contract Law of the People's Republic of China The risk of damage to or loss of the subject matter shall be borne by the seller before the delivery of the subject matter and by the buyer after delivery, unless otherwise provided by law.

1. Determine crops.

1. The consumption quota of raw materials

If the contractor provides raw materials, in order to prevent the contractor from wasting the contractor's raw materials in the work, the contractor may stipulate the consumption quota of the raw materials used by the contractor when signing the contract. The contractor is required to use raw materials in line with the principle of economic economy, and if the raw material consumption quota is exceeded, it should bear the corresponding responsibility.

2. Sealing and storage of crop samples

If there is a sample of the crop, the sample should be sealed and signed by the contractor and the contractor on the spot. In addition, the problem of the storage of samples is generally that the samples provided by the contractor are generally kept by the contractor, and the samples provided by the contractor are generally kept by the contractor. Therefore, when signing the contract, it is necessary to stipulate the custodian's custody obligations and require that the custodian should bear the corresponding liability for any loss or loss caused by improper storage.

3. The problem of post-guarantee of fixed crops:

Because some fixed crops can not be found at the time of inspection, so the contractor can stipulate in the contract that the contractor must ensure the quality of the fixed crops within a period of time, except for the problems caused by the improper use and storage of the fixed crops, the contractor shall be responsible for the free repair or replacement of the fixed crops. In addition, if the quality defect causes the loss of the contractor, the contractor shall also be liable for compensation.

2. Payment.

1. Provisions of the deposit clause:

When signing a contract, if the parties use the deposit guarantee method, the amount of the deposit is generally limited to 20% of the total contract amount, and the delivery time must be before the contractor carries out the processing and customization. At the same time, it is stipulated that if the contractor violates the contract, the deposit of the contractor shall be doubled; If the contractor violates the contract, the contractor will not return the deposit.

2. Attention should be paid to the settlement method:

The settlement method refers to the settlement method of price and other expenses, including cash settlement and transfer settlement. It should be noted that, except for those permitted by the state to use cash to fulfill obligations, the settlement of the contract must be settled by bank transfer.

3. Provisions on the submission of fixed crops in the contract.

1. Submission deadline:

When agreeing on the date of crop extraction, attention should be paid to calculating the necessary transit time of the customizer;

2. Submit questions in advance or late

The contract shall stipulate that if the contractor or contractor requests to submit the fixed crop in advance or delay, it shall reach an agreement with the other party in advance and implement the agreement in accordance with the agreement.

The precautions for entering into a contract are: whether the specific content of the contract includes processing, customization, repair, copying, etc.; Whether the terms of the contract include important terms such as subject matter, quantity, quality, remuneration, and contract method; and whether the rights and obligations between the parties are fair and reasonable.

Article 770 of the Civil Code.

A contract is a contract in which the contractor completes the work and delivers the work results according to the requirements of the contractor, and the contractor pays remuneration.

Contracting includes processing, customization, repair, copying, testing, inspection and other work.

Article 771.

The content of the contract generally includes the subject matter, quantity, quality, remuneration, contract method, provision of materials, performance period, acceptance criteria and methods, etc.

Article 772.

The contractor shall complete the main work with its own equipment, technology and labor, unless otherwise agreed by the parties.

If the contractor entrusts the main work contracted by the contractor to a third party to complete, it shall be responsible to the contractor for the work completed by the third party and the results of the town's work; Without the consent of the contractor, the contractor may also terminate the contract.

The specific issues that need to be paid attention to in the contract are as follows:

1. The choice of contract form is a promise or non-contract contract, and the parties can choose oral form, written form and other forms at will;

2. Without the consent of the contractor, the contractor shall not disclose secrets to others, and shall not use or allow others to use confidential technologies and processes without authorization;

3. The contractor shall deliver the fixed crops according to the performance period specified in the contract.

1. Is the contract of labor and materials?

Contractors and materials are contractuals. According to Article 770 of the Civil Code, a contract is a contract in which the contractor completes the work and delivers the work results in accordance with the requirements of the contractor, and the contractor pays remuneration. The contract includes processing, customization, repair, copying, testing, inspection and other work.

Article 771: The content of a contract generally includes clauses such as the subject matter, quantity, quality, remuneration, method of contracting, provision of materials, time limit for performance, and acceptance criteria and methods.

2. The difference between a construction contract and a construction contract.

The difference between a construction contract and a construction contract:

1. The contract is a contract in which the contractor completes the work and delivers the work results according to the requirements of the customizer, and the contractor pays remuneration.

A construction contract is a contract in which the contractor carries out the construction of the project and the employer pays the price.

2. The contract is concluded to meet the special requirements of the customizer, so the requirements of the customizer for the quality, quantity, specification and shape of the subject matter make the subject matter of the contract specific and different from other items on the market, so as to meet the special needs of the customizer.

The subject matter of a contract can be varied. On the other hand, a construction contract is a construction contract that satisfies the employer's construction of a building that is different from other buildings, and the subject matter is a specific building.

3. The relationship and difference between the employment relationship and the contract relationship.

Whether the provision of labor services is the subject matter of the contract, or the delivery of specific work products. The contract refers to the contract in which the contractor completes a certain amount of work and delivers the work results according to the requirements of the contractor, and the contractor accepts the results and pays the contractor's remuneration. The contract relationship is based on the performance of the contract between the contractor and the contractor.

According to the law, the subject matter of the contract is the delivery of specific work products by the contractor to the customizer as required.

Article 770 of the Civil Code stipulates that a contract is a contract in which the contractor completes the work in accordance with the requirements of the contractor, delivers the work results, and pays remuneration to the contractor.

The contract includes processing, customization, repair, copying, testing, inspection and other work.

The specific issues that need to be paid attention to in the contract are: 1. The subject of the contract shall have the corresponding civil capacity; 2. The content of the contract shall be perfect, generally including the subject matter, quantity, quality, remuneration, the way of contracting slag burial, the provision of materials, the performance period, the acceptance criteria and methods, etc.

Legal basis:

Article 770 of the Civil Code of the People's Republic of China A contract is a contract in which the contractor completes the work and delivers the work results in accordance with the requirements of the contractor, and the contractor pays remuneration. The contract includes processing, customization, repair, copying, testing, limb inspection and other work. Article 771:The content of a contract generally includes clauses such as the subject matter, quantity, and quality of the contract, remuneration, the method of contracting, the provision of materials, the time limit for performance, and the acceptance criteria and methods.