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    There Is No Ambiguity In The Terms Of The Contract.

    2014/12/10 7:27:00 27

    ContractClauseContent

      

    1.

    Target clause

    The quantity and other contents that may affect the quantity; the quality assurance clauses of the subject shall include the right guarantee (the guarantee of the right to complete disposition of the subject matter), the integrity guarantee (the guarantee target and its supporting facilities are complete, and Qi Bei) including the effectiveness guarantee (ensuring that the target conforms to the predetermined parameters, achieving the intended purpose and purpose), the quality inspection (inspection organ, method, method) maintenance guarantee and guarantee period, etc., and the standard terms should be as accurate as possible, so as to ensure that there is no ambiguity. It is best to provide standard contract according to the characteristics of the industry, and make adjustments based on the specific conditions of the contract so as to reduce the arbitrariness of the contract signing process. The terms and conditions of the tender mainly include the quantity of the target and the quality of the target.

    2. Gold clause

    When signing the terms of the price (1), the amount should be identical and not altered, so as to avoid ambiguity. (2) the amount of tax involved should indicate the way of tax payment; (3) the terms of payment should be clear to reduce paction risk; (4) the way of payment should be clear.

    3. Performance provisions

    In the performance clauses of the contract, the location of the contract, the time of execution of the contract, the obligor of the contract and the contents of the contract shall be clearly defined; the time for the performance of the contract should be clear, and it should be precise and definite, and the time should be calculated; the place where the contract should be performed should be as detailed as possible, indicating the city, the street and its number, or even the number of the room. The content of the contract requires the obligor to do what and how to do it.

    Therefore, we should strive for accuracy when signing the contract, and we should consider it systematically and make sure that it can be determined after comprehensive measurement.

    Performance risk is the most common contract risk, which stems from two points: first, the weak performing ability of the other party; the other is that the other party uses the loopholes in the performance clause or the misunderstanding of the two sides' understanding of the performance clause to lead to the ultimate risk.

      

    4.

    Quality clause

    Nowadays, many people are making money by using contracts. The most important thing they use is quality clauses. When they agree on quality clauses in the contract, they must pay attention to the ability of quality assurance, and do not sign contracts beyond their capability for taking the contract. Once the final quality is not guaranteed, it may bring various forms of claim.

    In the quality clause (1), the standard of quality should be stipulated; (2) the time limit for quality inspection is stipulated.

    In practice, we should learn to check the quality of products in time of inspection and whether they meet the standards in order to avoid causing losses to themselves.

      

    5.

    Breach clause

    A contract without breach of contract is a contract with no performance guarantee, and it is a non binding contract. Therefore, the breach of contract must be explicitly defined in the contract.

    The performance of a breach of contract is the failure of a party to perform its contractual obligations or the performance of its contractual obligations, and in such circumstances, the defaulting party shall generally be liable for breach of contract, such as continuing performance, remedial measures or compensation for losses.

    The most important thing is to agree that a party's breach of contract should pay the amount of the other party's liquidated damages or the method of calculating the amount of compensation due to breach of contract, which can effectively prevent the two parties from getting entangled in the penalty for breach of contract.

    Here is a special point to point out the difference between deposit and deposit. In law, there is only double deposit in the deposit, and others only have the obligation to return the principal.

      

    6. Loss of the object.

    risk

    The risk of damage or loss of the subject matter shall be borne by the seller before the delivery of the subject matter, and shall be borne by the buyer after delivery, unless otherwise stipulated by law or otherwise agreed by the parties.

    In order to distinguish the risk of loss in the delivery process, we must make clear the time, place and standard of performance when signing the contract, so as to avoid being unable to determine responsibility when accident occurs.

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