Handling Of Contract Disputes
contract dispute
Processing
Twenty-six, if the contract is in dispute with the other party in the course of performance, it should be pressed.
Contract Law
And other relevant laws and regulations and the provisions of this system shall be properly handled.
Twenty-seven, contract disputes by the relevant business departments and
Legal adviser
Responsible for handling, handling disputes must be responsible for the end.
Twenty-eight, the principles for dealing with contractual disputes are:
1, we must adhere to the facts and take the law as the criterion, and if the law does not stipulate, the state policy or the terms of the contract shall prevail.
2, it is the basic method of consultation between the two sides.
After disputes arise, they should consult with the other parties in a timely manner and make mutual understanding and mutual accommodation and settle disputes on the basis of safeguarding the legitimate rights and interests of the company and not infringing the legitimate rights and interests of the other parties.
3, disputes arising from the other party's responsibilities should adhere to principles and protect our legitimate rights and interests from infringement. Due to disputes arising from our responsibilities, we should respect each other's legitimate rights and interests, take the initiative to assume responsibility, and take remedial measures as far as possible to reduce our losses; we should seek truth from facts, distinguish between primary and secondary issues, and solve them reasonably and reasonably.
Twenty-nine, in dealing with disputes, we should strengthen contacts, ventilate in a timely manner, actively do what we should do, avoid mutual accusation, accusation, complaining, unify opinions, act in unanimity, and be consistent with the outside world.
Thirty, the proposed contract dispute, plus the time for negotiation between the parties and the parties concerned, should be carried out within the time limit prescribed by law, and we must consider enough time to apply for arbitration or prosecution.
Thirty-one, where a contract dispute is handled by a legal adviser, the relevant departments must provide the following evidence materials on their own initiative.
1, the text of the contract (including changes, the dissolution of the contract agreement), as well as contracts related to the annex, documents, fax, charts, etc.;
2, delivery, delivery, consignment, acceptance, invoices and other related credentials;
3. Payment of goods, collection vouchers, relevant financial accounts;
4, product quality standards, seal samples, samples or identification reports;
5, evidence of breach of evidence by the parties concerned;
6, other materials related to dispute settlement.
Thirty-two. For a contract dispute, if agreement is reached between the two sides, a written agreement shall be signed, signed by the representatives of both sides and stamped with the official seal of the two parties or the special seal of the contract.
Thirty-three. When the agreement between the two parties has been signed to settle the contract dispute, the mediation documents and arbitration documents of the superior authorities or arbitration organs shall be issued after the formal entry into force, and they shall be sent separately to the departments concerned for the handling and performance of the dispute.
Thirty-four. If the parties concerned fail to implement the relevant provisions in the above-mentioned documents at the expiration of the prescribed time limit, the Contractor shall report to the leader in good time.
Thirty-five, if the other party fails to fulfil the mediation agreement, arbitration decision or judgment that has been legally effective within the time limit, it may apply to the people's court for execution.
Thirty-six, before submitting an application for execution to the people's court, the relevant departments shall seriously inspect the execution of the other party and prevent errors.
If a settlement agreement is reached in the execution, the agreement shall be made and dealt with in accordance with the provisions of the agreement.
Thirty-seven, when the contract dispute is handled or executed, the relevant units should be notified in time, and the relevant information should be collected and filed for reference.
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