1. What are the common contract risks?
Common contract risks are:
1. Substitute of fake and inferior products
When signing the sales contract, the fraudsters presented the real samples with high quality, but when fulfilling them, they replaced them with fake and defective products with poor quality.
2. Failure or incomplete implementation of fraud law
Since the conclusion of the contract, one party has no sincerity to perform the contract, but wants to make the other party perform the contract by fraudulent means, even if it has certain performance ability.
3. The method of forging product quality appraisal certificate or mark.
The supplier has no products or unqualified products, but in order to defraud the other party to sign the contract, he forged the quality appraisal certificate or mark of the products, and concluded the contract after the other party saw it and believed it to be true. After the other party performed, the supplier stopped performing and ran away in return.
5. Forging patented products
One party (supplier) falsely claims that its products are patented products or brand-name products, and takes advantage of the other party's lack of information, traffic jam, inexperience, mystery or trust in "patented" or "brand-name" products to make it fall into a wrong understanding.
6. Stealing the names of other units
2. What conditions are required for the contract to take effect?
The effective time of the contract is:
1. Subject qualification for signing a contract;
2. The meaning of both parties is true;
3. The contract does not violate the law or public order and good customs.
3. What terms does a contract generally include?
The contents of the contract generally include the following terms:
1. Name and domicile of the party concerned;
2. objectives;
3. quantity;
4. quality;
5. Price or remuneration;
6. Time limit, place and method of performance;
7. Liability for breach of contract;
8. Ways to resolve disputes.
Legal objectivity:
Article 788 of the Civil Code of People's Republic of China (PRC), a construction project contract is a contract in which the contractor carries out the project construction and the employer pays the price. Construction engineering contracts include engineering survey, design and construction contracts. Article 802 of the Civil Code of People's Republic of China (PRC) * * * If the construction project causes personal injury or property loss within the reasonable use period due to the contractor, the contractor shall be liable for compensation. Article 803 of the Civil Code of People's Republic of China (PRC): If the Employer fails to provide raw materials, equipment, site, funds and technical data in accordance with the agreed time and requirements, the contractor may postpone the project date and have the right to claim compensation for the loss of work stoppage and slowdown. Article 804 of the Civil Code of People's Republic of China (PRC) * * * If the project is stopped or postponed due to the employer's reasons, the employer shall take measures to make up for or reduce the losses, and compensate the contractor for the losses and actual expenses caused by shutdown, slowdown, transshipment, relocation of machinery and equipment, and backlog of materials and components.