Dealers Should Be Careful With Contract Traps.

At the autumn fair, there will be numerous contracts signed by numerous manufacturers, though the performance rate is doubtful, but there are not many companies that eventually marry through the autumn trade fair.

But here, I would like to remind the two parties, especially the dealers, that they must pay attention to the study of the contract terms when signing the contract, so as to prevent the loss.

There are disputes between manufacturers often because of contracts, and some even to thin courts.

Generally speaking, manufacturers often take the initiative in these contract disputes, because in general, the terms of the contract are provided by manufacturers.

When the manufacturer first worked out the sample, he must have studied it more carefully, so that he could take the initiative in contract disputes.

But in fact, there are many disputes arising from it. The problem is understanding of the content.

If a businessman wants to return a product due to poor sales, the manufacturer will go deep into the reasons for the poor sales, and it is easy to blame the business for the poor sales of the products, so that businesses can not return or return less goods.

The concept of "45% of the distribution rate" is also very vague. The problem lies in the definition of the shop side.

What kind of shops are the standard of distribution rate?

These two points are not clearly defined. They can be interpreted according to their own understanding. Once a contract arises, it will easily lead to entanglements between the two sides.

At this time, those dealers who are involved in the market will surely calculate before the manufacturer's confused promises. They feel that the product can be returned, and there is advertising promotion support, so the risk is minimal, so it is easy to get into the factory's sleeve.

Of course, manufacturers do not rule out the implementation of contracts according to the understanding of merchants, but business friends should be clear and specific in signing contracts.

For example, the specific definition of "sluggish sales", the total number of returned products, or the percentage withdrawal, and so on.

Some alcoholic wholesalers have not yet hesitated to sign a distribution contract with such a preferential marketing policy.

One of the businessmen paid the number of them during the negotiation time, and received products worth 30 thousand yuan in the 20 days after the payment was broken.

So they called the factory to inquire about the shortage of goods and when the minibus was in place. The head of the company replied, "we have worked according to the contract, and we can only pay 30 thousand yuan for the $30 thousand payment. When did we promise to give you a van?"

Call the person who signed the contract at that time, and were told that no one was found.

Don't forget to seal the contract.

Wang Shefeng: so how should businessmen avoid similar situations?

Fan Zhonghua: my feeling is not to trust the contract too much. The contract is just a form, especially for those who are not trustworthy. They will not pay any attention to the terms of the contract.

Wang Shefeng: Although Mr. Fan's words are reasonable, there may be some extremes.

Mr. Fan's understanding is probably based on the irregularities of the current industrial contract performance.

But we should realize that with the gradual deepening of the market economy and the gradual deepening of the legalization of our country, manufacturers will pay more and more attention to the execution of contracts.

At this stage, I think manufacturers should be aware of some irregularities of the contract and carefully review the contract documents before signing the contract.

Fan Zhonghua: before signing the contract, we must be suspicious of all the terms of the contract. Then we will solve the problem one by one until there is no doubt about it.

In general, businesses should try to cooperate with those regular large enterprises and cooperate with those vulnerable brands.

Because the strength of the weak brands is limited, support and after-sales service are often not in place.

Of course, the most insurable way is to go to the partners' businesses before signing the contract, and to understand the strength and credibility of the company from the side, for example, from the business and tax departments of his former distributors and enterprises.

Wang Changmin: cooperation with big enterprises is not necessarily insurance.

Our company used to work with a large wine company in Jilin, but last year there was a big dispute.

The reason for the dispute is a promotion plan.

At that time, the contract signed by the business manager of the brewery and our company provided that the company would bear all the expenses if the product was sold for 1 million 500 thousand yuan.

The agreement was signed by the head of the Liaoning region, but the chapter of the enterprise was not covered.

After all, in many cases, because of long-term cooperation, both sides trust very much.

Our company did promotional activities according to the plan signed by both sides, and paid 150 thousand yuan for this purpose.

But later, the brewery believed that the personal signature of the business manager was not recognized by the company, so he refused to acknowledge the advance fees paid by our company.

Wang Shefeng: I heard two of you ended up in a small hall.

Wang Changmin: Yes.

In the first instance, our company has won the lawsuit. The forty-third provision of the general principles of civil law stipulates that an enterprise legal person shall bear civil liability for its legal representative and other personnel's business activities.

But the counterclaim of the second instance is successful. We can not accept such a result, and we are ready to continue to appeal to the high court.

Wang Shefeng: there are also provisions in law: "the actor has no agency power, and the contract concluded in the name of the agent after the agency or the termination of the agency right has no effect on the principal without ratification by the agent."

The promotion plan signed by the manager of the district manager, because no legal seal was affixed to the company, the legal effect of the scheme was in a pending state and did not have the real legal effect.

Fan Zhonghua: the agreement signed by manager Wang and the company has occurred frequently in the real economic life. It is normal that the two sides trust each other, but from a legal point of view, this agreement is not protected by law.

At that time, manager Wang should quickly seal the seal on that enterprise.

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Wang Shefeng: the top two have talked about many manufacturers deliberately using vague words in the contract so as to occupy the corresponding initiative.

So how can we deal with this phenomenon?

Fan Zhonghua: don't sign the contract, or add some supplementary rules before signing the contract, so as to clarify the definition of those words.

It is also feasible to spend a little time on both sides to redraw a contract, and the contract should be as concise as possible, that is to say, the complex problems often referred to as simplification.

The ambiguity of words makes it difficult to create ambiguity.

If a businessman wants to take the initiative, he can ask the factory to give the dealer a certain amount of goods in advance and determine a return period.

Of course, there are not many manufacturers that agree with this plan, but businesses have to control the initiative only by doing so.

Wang Shefeng: so maybe manufacturers have another idea.

Manufacturers often have some contradictions due to the price of products. For example, manufacturers blame businesses for dumping at low prices, or complain that businesses are priced too high, while businesses complain that manufacturers are too strict with price regulations.

Wang Changmin: in general, the price system of large enterprises is more consistent, and will specifically constrain businesses in the contract.

Dumping at a low price will make the price of the product go down all the way, which is definitely not what the manufacturers really want to see.

If it is sold at a high price, it will affect the sales volume of products.

At present, there is indeed a situation where the price of the product exceeds the manufacturer's upper limit. Many factors, such as the entrance fee and the entry fee, have increased the cost of the operation of the business, resulting in the loss of the original product and the increase in price.

Wang Shefeng: what about this breach of contract?

Wang Changmin: if manufacturers make corresponding punishments according to the contract, businesses will have nothing to say.

Therefore, when dealers are operating such products, they should analyze the specific situation of the market with the salesmen in advance, and negotiate the solution with the manufacturers. For example, the manufacturer will support part of the cost of entering the store or increase the corresponding rebate.

Wang Shefeng: you must remember the seal when you sign the contract temporarily.

Wang Changmin: of course.

Fan Zhonghua: some manufacturers do not cooperate.

I was extremely cautious when signing contracts with manufacturers.

And generally use very concise words.

Once I worked with an enterprise, I drew up a fairly fair text and told it to the other side, and the other side accepted it.

So the contract seal was passed, but when the contract was received, it was found that the terms of the contract were amended and supplemented by the other party, and all of them were binding on our company.

In view of this situation, we immediately decided not to cooperate with the enterprise.