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    Is There No Big Risk For A Dealer To Pick Up A Driver?

    2015/6/6 18:34:00 46

    DealersDrivers To Pull GoodsRisk

    Case: a company and dealer ho MOU signed a contract, agreed on delivery method why or ho Mou commissioned the driver to pick up the factory.

    In July 2008, Lee, a salesman, received a call from Ho Mou to deliver the goods. He delivered the goods to him as soon as possible, and sent the driver Wu to the factory after delivery of 50 tons.

    After he was sent to court on account of default payment, he was not authorized to sign the delivery document signed by the driver.

    Because the contract agreed to pick up the goods must be signed by Ho Mou or his authorized client, the court finally decided that ho Mou did not extract the 50 tons of feed, and the enterprise lost more than 40 thousand yuan for this purpose.

    Analysis: many feed enterprises have similar agreements in the contract of delivery in the sales contract, but many people are similar in the process of performing the contract.

    Salesman

    Like Lee, it is easy to find drivers to deliver their own products.

    Once there is a dispute, the court must only see evidence and rely on the evidence confirmed by both sides to restore the link of the paction, since the contract has agreed to take delivery.

    Client

    and

    Signatory

    No one else will be legally effective on behalf of the signer. If the dealer wants to get rid of the goods, he will have to eat the Coptis.

    In fact, if an enterprise feels that the consignee's operation is not convenient according to the contract, it may be necessary to issue a letter of attorney to the dealer, authorizing the salesperson to find the driver to deliver the goods by himself, so the risk in this aspect can be evaded.

    Related links:

    The establishment of Limited by Share Ltd usually involves the following steps:

    Step one: after consulting, collect and complete the application of name (change) pre approval, and prepare related materials at the same time.

    The second step: submit the application for pre approval of name (change), waiting for the result of name approval.

    The third step is to receive the pre approval notice of the enterprise name, and at the same time obtain the application form of the registration of enterprise establishment and other related forms; the scope of business involves the pre approval process, and go through the relevant approval procedures;

    The fourth step: prepare materials to the Municipal Industry and Commerce Bureau, the municipal development and Reform Commission, and the Municipal Finance Bureau for approval.

    Fifth step: according to the "Notice of pre approval of enterprise name", we will open a capital account to the funded bank confirmed by the trade and Industry Bureau.

    The sixth step: submit the application materials, complete materials, in line with the statutory form, waiting for the approval of administrative licensing decision.

    The seventh step: after receiving the decision to grant administrative license, the fee will be paid to the industry and Commerce Bureau and the business license will be obtained according to the date determined by the decision to grant administrative license.

    For the advance registration of names, please refer to the documents and certificates that should be submitted for registration of Limited by Share Ltd when the name is pre registered.

    In addition to the special circumstances mentioned in this notice, when applying for registration, it is no longer required to issue a capital verification report, the certificate of monetary contribution issued by a bank as a certificate of monetary contribution, and an evaluation report made by an accounting firm or a Valuation Office as a proof of non monetary contribution.


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