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The key points to be paid attention to in the procurement contract are: whether the parties to the procurement contract have the corresponding civil capacity; whether the parties' intentions are genuine; whether the content of the contract is lawful; and whether the parties have gone through the corresponding approval and other formalities.
[Legal basis].Article 143 of the Civil Code.
Civil juristic acts that meet the following conditions have a penetrating effect:
1) The perpetrator has the corresponding capacity for civil conduct;
2) The meaning is genuine;
3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
Article 470.
The content of the contract is agreed upon by the parties and generally includes the following clauses:
1) The names and addresses of the parties;
b) the subject matter; iii) quantity;
iv) Quality; 5) price or remuneration;
6) the period, place and method of performance;
7) Liability for breach of contract;
8) Methods of Dispute Resolution.
The parties may refer to the model texts of various types of contracts to conclude coincidences.
Article 502.
A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.
In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions.
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.
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Legal analysis of acres of law: Procurement contracts need to pay attention to the risk control before the procurement contract is signed. 1. In the process of performing the procurement contract, the procurement personnel should pay close attention to the delivery time of the subject matter of the contract and the time of the transfer of rights, and urge the seller to deliver the subject matter on time; 2. Pay attention to the quality inspection of the subject matter of the contract; 3. After the contract is fulfilled, the supply will be made.
Legal basis: Article 470 of the Civil Code of the People's Republic of China.
The content of the contract is agreed upon by the parties and generally includes the following clauses:
1) The names and addresses of the parties;
b) the subject matter; iii) quantity;
iv) Quality; 5) Price or remuneration;
6) the period, place and method of performance;
7) Liability for breach of contract;
8) Methods of Dispute Resolution.
The parties may conclude a contract with reference to the model texts of various types of contracts.
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Legal analysis: When signing a sales contract, you must carefully read the relevant terms, and clearly implement some ambiguous and unreasonable terms with the merchant. The merchant is required to indicate the brand, model, unit price and quantity of the product on the sales contract, and when marking the number of products, it is best to mark the number of square meters and pieces of the product clearly, so as to facilitate the inspection of the quantity of the product.
The sales order should be stamped with the official seal of the sales unit or market. Specific terms are indicated. Such as:
How to handle returns and exchanges, explanation of liability for breach of contract, delivery time, etc.
You can order more appropriately when ordering. It is necessary to agree with the merchant that the products that are not used up can be returned. Understand and implement the principle of retreat.
Now the merchants on the market will have some agreements on the return of ceramic tiles, how long can they be returned, what kind of products can be returned, but also to implement clearly. Indicate the grade of the product on the order contract to prevent the merchant from shoddy.
Pay some deposit appropriately, wait until the goods are delivered to your home, and then pay the full amount after acceptance. At the same time, it is best to agree that the product does not meet the requirements can be returned unconditionally and the deposit will be returned.
Legal basis: Civil Code
Article 470:The content of the contract is agreed upon by the parties and generally includes the following clauses:
1) The names and addresses of the parties;
b) the subject matter; iii) quantity;
iv) Quality; 5) Price or remuneration;
6) the period, place and method of performance;
7) Liability for breach of contract;
8) Methods of Dispute Resolution.
The parties may conclude a contract with reference to the model texts of various types of contracts.
Article 596: The contents of a sales contract generally include the name, quantity, quality, price, performance period, place of performance, method of elimination, packaging method, inspection standards and methods, settlement method, words used in the contract and its effect, etc.
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