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For the seller, its obligations under the sales contract are mainly as follows:
1. The seller shall perform the obligation to deliver the subject matter to the buyer or deliver the documents for the extraction of the subject matter, and to transfer the ownership of the subject matter.
2. The seller shall, in accordance with the agreement or trade customs, deliver to the buyer the relevant documents and materials other than the documents for the extraction of the subject matter.
3. The seller shall, in accordance with the agreement or trade customs, deliver to the buyer the relevant documents and materials other than the documents for the extraction of the subject matter.
4. In accordance with the provisions of laws and administrative regulations or in accordance with the agreement of the parties, if the subject matter shall be given the subject matter after the expiration of the effective service life, the seller shall have the obligation to give the subject matter the first prize by itself or by entrusting a third party.
In the sales contract, the buyer shall perform the following obligations:
5. When the buyer receives the subject matter, it shall inspect it within the agreed inspection period. If there is no agreement on the inspection period, the inspection shall be carried out in a timely manner.
6. If the parties agree on the time limit for inspection, the buyer shall, within the time limit for inspection, notify the seller of the fact that the quantity or quality of the subject matter does not conform to the agreement. If the buyer neglects to give notice, it shall be deemed that the quantity or quality of the subject matter conforms to the agreement. However, if there is a quality assurance period for the subject matter, the quality assurance period shall apply, and the provisions of the two-year period shall not apply.
If the seller knows or should know that the subject matter provided does not conform to the agreement, the buyer is not subject to the time limit for notice provided for in the preceding two paragraphs.
1. How to determine the validity of the sales contract.
The determination of the validity of a sales contract is similar to that of a contract, but as a sales contract, the seller should guarantee the quality of the goods, and neither party should be a person without the right to dispose of it, and both the buyer and the seller should be persons with full capacity for civil conduct, and the content of the sales contract must not violate the mandatory provisions of laws and administrative regulations. A sales contract signed by a person without the right to dispose of it that is not obtained in good faith is invalid, and a sales contract signed by a person without civil capacity is also an invalid contract. If the content of the sales contract violates the mandatory provisions of laws and administrative regulations, the contract shall be invalid.
2. Responsibilities of the buyer and the seller in the sales contract.
1. Defect warranty and transportation protection liability.
In addition, after the goods are in transit, the seller delivers the subject matter to the place designated by the buyer and delivers it to the carrier in accordance with the agreement, and the risk of damage or loss of the subject matter shall be borne by the buyer.
2. Liability for fundamental breach of contract.
If the purpose of the contract cannot be achieved because the subject matter does not meet the quality requirements, the buyer may refuse to accept the subject matter or terminate the contract. If the buyer refuses to accept the subject matter or rescinds the contract, the risk of damage or loss of the subject matter shall be borne by the seller.
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Legal Analysis:1The seller in the contract of sale is called the seller and the buyer is called the buyer.
2.The seller shall perform its obligation to deliver the subject matter to the buyer at the agreed time and place or to deliver the documents for the extraction of the subject matter, and to transfer ownership of the subject matter.
3.The buyer shall fulfill its obligation to pay the price at the agreed time and place, in accordance with the agreed amount and payment method.
Legal basis: Civil Code of the People's Republic of China
Article 595:A sales contract is a contract in which the seller transfers ownership of the subject matter to the buyer and the buyer pays the price.
Article 598:The seller shall perform the obligation to deliver the subject matter to the buyer or to deliver the documents for the extraction of the subject matter, and to transfer the ownership of the subject matter.
Article 599:The seller shall, in accordance with the agreement or trade customs, deliver to the buyer the relevant documents and materials other than the documents for the extraction of the subject matter.
Article 601: The seller shall deliver the subject matter at the agreed time. If a time limit for delivery is agreed, the seller may deliver the goods at any time during the time limit.
Article 603: The seller shall deliver the subject matter at the agreed place.
Article 626: The buyer shall pay the price in accordance with the agreed amount and payment method. Where there is no agreement on the amount of the consideration and the method of payment, or the agreement is not clear, the provisions of items 510 and 511 (2) and (5) of this Law apply.
Article 627: The buyer shall pay the price at the agreed place. If there is no agreement on the place of payment or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, the buyer shall pay at the seller's place of business; However, if it is agreed that the payment of the price is conditional on the delivery of the subject matter or the delivery of the documents for the extraction of the subject matter, the payment shall be made at the place where the subject matter is delivered or the documents that are delivered for extraction are made.
Article 628: The buyer shall pay the price at the agreed time. If there is no agreement on the time of payment or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the buyer shall pay at the same time as receiving the subject matter or extracting the documents of the subject matter.
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The obligations of both parties to the sales contract are: the main obligations of the seller are to deliver the subject matter, transfer the ownership of the subject matter, the obligation to guarantee the defects of the subject matter, the obligation to guarantee the defects of the subject matter, the obligation to **, etc. The main obligations of the buyer are the obligation to pay the price, to receive the subject matter, to inspect the subject matter and to give notice, etc.
Legal basis
Article 595 of the Civil Code of the People's Republic of China.
A sales contract is a contract in which the seller transfers ownership of the subject matter to the buyer, and the buyer pays the price by hand.
Article 596.
The content of the sales contract generally includes the name, quantity, quality, price, performance period, place and method of performance, packaging method, inspection standard and method, settlement method, text used in the contract and its effect.
Article 598.
The seller shall perform the obligation to deliver the subject matter to the buyer or deliver the documents for the extraction of the subject matter, and to transfer the ownership of the subject matter.
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