If you don t sign this contract, you won t be able to get the deposit back!

The following is provided by "Jinan Business Lawyer", if you need to paraphrase, please indicate the source:

1. First of all, start with the text of the contract. Article 8 of the contract clearly stipulates: "In order to ensure the performance of the company and the property of Party A's vehicle from damage".

It can be seen that the role of the security deposit is to prevent you from causing damage, loss and other liabilities to the vehicle. Now that you have not caused any damage or loss to the company's vehicle, you can of course ask the employer to pay the full amount of the security deposit you paid.

2. From the perspective of the jurisprudence of contract law, the invalidity of a certain clause of the contract does not affect the validity of the contract. The validity of the contract does not delay the invalidity of one of the clauses. Therefore, you can claim that this clause of the contract is invalid in order to get back the deposit you paid.

3. I suggest that you can negotiate the above description with your unit, and strive to reach an agreement with the unit to properly handle this matter. However, if the employer insists on not returning your deposit, you can apply for arbitration at the Labor Dispute Arbitration Commission of the Labor Bureau where the employer is located, and ask the arbitration tribunal to rule that the employer return your deposit.

4. Labor dispute arbitration cases are more cumbersome, and will involve many facts that are difficult to obtain evidence, such as proving labor relations and proving actual working hours, so it is recommended that you can hire a local lawyer who can provide you with specific help and guidance according to your actual situation and combined with the actual evidence you provide.

The terms of the security deposit are invalid and can be refunded in full.

Summary. Legal analysis: the bid bond and the performance bond must be returned within the specified time, if not returned, you can choose to negotiate a settlement, if still not returned, you can sue the other party or directly sue.

Legal basis: "Interim Measures for the Administration of Quality Deposit for Construction Projects" Article 11 After receiving the contractor's application for the return of the security deposit, the employer shall, within 14 days, verify with the contractor in accordance with the content agreed in the contract. If there is no objection, the employer shall return the deposit to the contractor in accordance with the agreement.

If there is no agreement on the time limit for return or the agreement is not clear, the employer shall return the deposit to the contractor within 14 days after verification, and if it fails to return it within the time limit, it shall bear the liability for breach of contract in accordance with law. If the employer does not reply within 14 days after receiving the contractor's application for the return of the security deposit, and does not reply within 14 days after being reminded, it shall be deemed to have approved the contractor's application for the return of the security deposit.

I have paid the deposit for the contracted project, but the project is not completed, and the deposit is not refunded, what should I do?

Hello, I am helping you to inquire about the relevant information and will reply to you immediately.

Legal analysis: the bid bond and the performance bond must be returned within the specified time, if not returned, you can choose to negotiate a settlement, if still not returned, you can sue the other party or directly sue. Legal basis:

Interim Measures for the Administration of Quality Deposit for Construction Projects》 Article 11 After receiving the contractor's application for the return of the Baofan certificate, the employer shall, within 14 days, verify with the contractor in accordance with the contents of the contract. If there is no objection, the employer shall return the deposit to the contractor or sue in accordance with the agreement. If there is no agreement on the time limit for return or the agreement is not clear, the employer shall return the deposit to the contractor within 14 days after verification, and if it fails to return it within the time limit, it shall bear the liability for breach of contract in accordance with law.

If the employer does not reply within 14 days after receiving the contractor's application for the return of the security deposit, and if it does not reply within 14 days after being reminded, it shall be deemed to have approved the contractor's application for the return of the security deposit.

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In the event of non-performance of the contract, the first request for a double return of the deposit may be made. The provisions of the law on the deposit are: if the party who pays the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.

Article 587 of the Civil Code of the People's Republic of China Where the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice. Article 588 of the Civil Code of the People's Republic of China: Where the parties agree on both a breach of the contract and a deposit, the other party may choose to apply the liquidated damages or the deposit clause when one party breaches the contract.

If the deposit is insufficient to compensate for the losses caused by one party's breach of contract, the other party may claim compensation for losses in excess of the amount of the deposit.

If the other party fails to perform the contract after receiving the deposit, the other party may be required to continue to perform, and if the other party refuses to perform, it needs to bear the liability for breach of contract. If the other party suffers losses, 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; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

What should I do if I don't perform the contract after receiving the deposit?If it is learned that the other party fails to perform the contract of Chonglu Auction Bank after receiving the deposit, it may require the other party to continue to perform, and if the other party refuses to perform, it needs to bear the liability for breach of contract. If the other party suffers losses, 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; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

The legal basis for non-performance of the contract after receiving the deposit

Civil Code of the People's Republic of China

Article 577.

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 578.

If one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request it to bear the liability for breach of contract before the expiration of the performance period.

If two or more contractors jointly bid for the contracted project, the bidding performance bond shall be jointly borne by the joint bidders.

Tendering and Bidding Law of the People's Republic of China

Article 46 The tenderer and the winning bidder shall, within 30 days from the date of issuance of the notice of winning the bid, enter into a written contract in accordance with the bidding documents and the bidding documents of the winning bidder. The tenderer and the winning bidder shall not enter into other agreements that deviate from the substantive content of the contract.

If the bidding documents require the winning bidder to submit a performance bond, the winning bidder shall submit it.

Article 60 If the winning bidder does not perform the contract signed with the tenderer, the performance bond shall not be returned, and the losses caused to the tenderer shall exceed the amount of the performance bond, and the excess part shall be compensated; If the performance bond is not submitted, it shall be liable for the losses of the tenderer.

If the winning bidder fails to perform its obligations in accordance with the contract signed with the tenderer, and the circumstances are serious, it shall be disqualified from participating in the bidding of the project that must be tendered according to law within two to five years and shall be announced, until the business execution of the business is revoked by the administrative authority for industry and commerce.

Where the contract cannot be performed due to force majeure, the provisions of the preceding two paragraphs do not apply.

1. How many days after the notice of winning the bid is issued to sign the contract.

The tenderer and the bidder shall sign the contract within 30 days of the issuance of the notice of winning the bid. The tenderer and the winning bidder shall, within 30 days from the date of issuance of the notice of winning the bid, enter into a written contract in accordance with the bidding documents and the bidding documents of the winning bidder. The tenderer and the winning bidder shall not enter into other agreements that deviate from the substantive content of the contract.

If the bidding documents require the winning bidder to submit a performance bond, the winning bidder shall submit it.

2. Return of insurance deposit.

Article 56 of the Measures for Bidding and Bidding for the Construction of Engineering Construction Projects (Order No. 30 of the Seven Ministries and Commissions) stipulates: Article 63 The tenderer shall, at the latest, within five days after signing the contract with the winning bidder, return the bid deposit and bank deposit interest to the winning bidder and the unsuccessful bidder.

Article 31 of the Regulations for the Implementation of the Tendering and Bidding Law of the People's Republic of China If the tenderer terminates the bidding, it shall make an announcement in a timely manner, or notify the potential bidders who have been invited or have obtained the prequalification documents and bidding documents in writing. If the prequalification documents and bidding documents have been sold or the bid bond has been collected, the tenderer shall promptly return the fees collected for the prequalification documents and bidding documents, as well as the bid bond and bank deposit interest for the same period.

Article 57 of the Regulations for the Implementation of the Tendering and Bidding Law of the People's Republic of China The tenderer and the winning bidder shall sign a written contract in accordance with the provisions of the Tendering and Bidding Law and these Regulations, and the main terms of the contract, such as the subject matter, price, quality and quantity of rock, and the performance period, shall be consistent with the content of the bidding documents and the bidding documents of the winning bidder. The tenderer and the winning bidder shall not enter into other agreements that deviate from the substantive content of the contract.

The tenderer shall, at the latest, within 5 days after the signing of the written contract, return the bid deposit and bank deposit interest to the winning bidder and the unsuccessful bidder.