What are the precautions when signing the contract:
First, verify and confirm the subject qualification of the other party.
1. The other party to the contract is a natural person: verify, copy and save his/her identity document (don't replace it with a business card), and confirm his/her true identity and capacity.
2. The other party to the contract is a legal person:
Go to the local industrial and commercial department to inquire about its industrial and commercial registration information, and make a field trip to its company to determine its authenticity;
Verify whether the contractor is authorized by his company, and check his power of attorney, letter of introduction and contract;
When signing a contract, the other party's official seal and special seal for the contract must be affixed.
3. The counterparty of this contract is "other organization":
If the other party is an individual partnership or a sole proprietorship enterprise, check whether the business license registration items are consistent with the introduction; Signature and seal of the partner and the manager of the sole proprietorship enterprise.
Legal person preparation office: confirm the identity of the manager and shareholders, and affix the official seals of the legal person preparation office and shareholders.
In addition to the official seal and private seal, the other party to the contract should sign it himself.
Second, the contract form:
1, the contract must be signed in writing;
2. If a contract is concluded by oral, letter or data message, a confirmation letter must be signed and sealed;
3. The backdated contract shall explain the contract background.
Three, the necessary terms of the contract should be specific and clear:
1, the names of the parties must be true and consistent;
2. The subject matter, quantity, quality, price and packaging method of the contract should be specific and clear;
3. Pay attention to the acceptance methods, procedures and time;
4. The method of performance must be specific: delivery method and settlement method;
5. A certain time point or time period must be determined in the performance period;
6. Make it clear as far as possible that the location of our company is the place where the contract is performed;
7. The liability for breach of contract should be quantified as liquidated damages or the calculation method for determining liquidated damages;
8. Disputes shall be settled through negotiation and litigation, and it is agreed that the jurisdiction of the court where our company is located or the Guangzhou Arbitration Commission shall arbitrate.
Four. Contractual obligations before signing the contract:
1, assistance and notification obligations;
2. Do not disclose or use the trade secrets of the other party obtained when signing the contract.
5. Power of attorney, letter of introduction, sealed contract and other authorization documents issued by the company shall be tracked and managed, and the name, authorization scope and validity period of the other party shall be indicated when issued, and shall be recovered in time after the business is completed.
Business personnel should take back the above certificates in time when they leave their jobs. If the certificate cannot be recovered, the relevant units shall be informed in writing in time and the evidence shall be kept.
If it is found that the business personnel still sign the contract in the name of the company after the authorization is terminated, it shall determine whether to ratify it in time; If it refuses to ratify, it shall notify the other party in writing and preserve the evidence. When necessary, ask the police to intervene and investigate their criminal responsibility.
Six, in case of major misunderstanding, obviously unfair, fraud, coercion, taking advantage of the danger of the contract, timely collection of preservation evidence, within a predetermined period of time (that is, one year) to exercise the right to cancel.
Seven, after the signing of the contract, the original contract kept by the company.
Eight, the contents of the contract shall not harm the public interests, shall not maliciously collude to harm the interests of the state, the collective and the third party, and shall not contain exemption clauses that cause personal injury or property loss to the other party due to intentional and gross negligence.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 490 Where the parties conclude a contract in the form of a contract, the contract is formed when the parties sign, seal or fingerprint it. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it. A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.