What is the format of the confirmation letter in China?
Confirmation is simpler than formal contract. It is a written certificate issued to both parties for confirmation after the buyer and seller reach a deal through transaction negotiation. The confirmation signed by the buyer and the seller is a legally binding document, which is equally binding on both parties. Confirmation includes sales confirmation and purchase confirmation. Confirmation is actually linked to acceptance. After the two parties reach an agreement, one party requires final confirmation, so confirmation is actually the final, clear and affirmative commitment to its offer. Confirmation is an important part of commitment, and it is also one of the elements to judge whether to make a commitment. Article 49 1 of the Civil Code (effective from 2021) stipulates: "If the parties conclude a contract by letter, data message, etc., and request to sign a confirmation letter, the contract will be established when the confirmation letter is signed. If the information of goods or services published by one party through information networks such as the Internet meets the conditions of the offer, the contract will be established when the other party successfully selects the goods or services and submits the order, unless otherwise agreed by the parties. " Article 52 of the Auction Law: "Article 52 After an auction is completed, the buyer and the auctioneer shall sign a confirmation letter of completion." Explain clearly the name of the other company at the beginning, explain clearly the content in the middle according to the specific price of a commodity cooperated by both parties, and finally explain the name of your own company and the date of mailing. Confirmation letter is actually similar to fax, which is very convenient for enterprises to carry out exchanges and cooperation. After the confirmation letter is sent, if a unified opinion is reached, the other company will reply in time. Article 39 of the Contract Law stipulates that if a contract is concluded with standard terms, the party providing the standard terms shall follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures to draw the attention of the other party to the terms exempting or limiting its liability, and explain the terms according to the requirements of the other party. Standard clauses are clauses drawn up by the parties in advance for reuse, and they were not negotiated by both parties when concluding the contract. (The Contract Law will expire on February 3, 20201No.65438) Article 496 of the Civil Code, the format clause is a clause drawn up by the parties in advance for reuse, and the other party was not consulted when concluding the contract. Where a contract is concluded by standard terms, the party providing the standard terms shall follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures such as exempting or lightening their responsibilities to remind the other party of the terms that have a significant interest in them, and explain the terms according to the requirements of the other party. If the party providing the standard terms fails to perform the obligation of prompting or explaining, so that the other party fails to pay attention to or understand the terms with which it has a significant interest, the other party may claim that the terms will not become the content of the contract. (The effective date of the Civil Code is 202 1 1 1)