Non Credit Customers May Not Sign Contracts.
Case: the dealer Zhang Mou sued a feed enterprise in his place, said the use of the feed of the enterprise resulted in the large death of the fry of the farmers, and demanded that the enterprise compensate the direct economic loss 80 thousand yuan and the indirect economic loss.
No contract was signed because the company did not give credit to it.
Zhang sued the court on the grounds of product quality infringement, and the company was very passive for responding to many trips to and from the two places.
Analysis:
sales contract
It should not be generated solely for credit, but should be signed with all customers who deal with it.
Because the sales contract not only specifies the time and method of payment, but also specifies the quality standard of the product.
Delivery method
The inspection method and the time for objection, the responsibility for breach of contract and other important contents.
No contract signed.
Content agreement
It is not clear that if the dealers or farmers suffer the loss of the above, they may be said to be the cause of the quality of the product at any time, so as to demand the return of the goods or ask for the compensation for the price.
Therefore, it is suggested that all feed enterprises and customers with pactions sign sales contracts, make clear terms of sale and purchase, and prevent such disputes from happening.
Related links:
Limited by Share Ltd refers to an enterprise legal person established in accordance with the company law of the People's Republic of China. All the capital is divided into equal shares, and the shareholders are responsible for the company in the limit of their shares. The company is responsible for the debts of the company with all its assets.
The conditions that Limited by Share Ltd should have
(1) if the initiator is in a quorum, there should be more than five sponsors; (2) the duplicator of the business license affixed with the official seal of the enterprise is issued by the initiator; the copy of the legal certificate of the public institution issued by the sponsor is issued by the initiator; the copy of the registration certificate of a social organization affixed with the official seal of the unit is issued by the initiator of the social organization; the shareholder's trade union shall submit a copy of the trade union legal certificate affixed with the official seal of the unit and the approval document of the trade union approved by the district or county level or above.
If a shareholder is a natural person, he or she shall issue a copy of the identity card or other legal identity certificate of the person.
Attention is drawn to the fact that the following units are not qualified for investment or investment capability:
The qualifications of the person in charge of the legal representative, director, supervisor, manager and branch.
Those who are locked in the "warning information system" of the credit information system in Beijing can not be the persons responsible for the legal representatives, directors, supervisors, managers and branches during the lock up period.
(two) more than half of the five sponsors are domiciled in China.
(three) the shares subscribed by the sponsors and the public raised to the public level reach the minimum amount of statutory capital.
(four) the minimum registered capital of Limited by Share Ltd is RMB 10 million; specific industries are from relevant regulations.
The registered capital of Limited by Share Ltd exceeds the minimum limit stipulated by laws and regulations, and it can be paid in installments.
If the excess part is paid at once, it shall be paid within 1 years from the date of the establishment of the company.
The first part shall pay the 50% part of the unpaid part within 6 months from the date of the establishment of the company, and the second period shall be fully paid within 3 years from the date of the establishment of the company.
?
The Limited by Share Ltd, which operates the pre licensing project announced by the Beijing Municipal People's Government (see the catalogue of the Beijing enterprise registration permission project published by the Beijing Administration for Industry and Commerce), should pay the full registered capital when establishing registration, and can not adopt the mode of payment by installments.
(five) issue and preparation of shares are in accordance with the law.
The establishment of a Limited by Share Ltd must be approved by the department authorized by the State Council or by the provincial people's government.
(six) Limited by Share Ltd must set up a board of directors with five to nineteen members.
(seven) Limited by Share Ltd must set up a board of supervisors with no less than three members.
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