Sanlian delivery note On March 12, 2015, a clothing company made work clothes for a hotel with a total price of 100,000 yuan, of which a deposit of 20,000 yuan was made. The clothing company delivered the clothes to the hotel in two batches. Later, the hotel defaulted on payment of 80,000 yuan. Clothing company sued to court

In court, the hotel claimed that it was not failure to pay, but failure to receive the goods. The clothing company presented the delivery note, and the "Consignee's signature" was signed as "Zhang San", and it was determined that "Zhang San" was the hotel employee responsible for receiving the goods. But the hotel argued that there was no employee named "Zhang San". The clothing company was unable to provide Zhang San’s specific identity information, let alone contact Zhang San.

Excuse me: The delivery note is only signed by the person in charge and does not have the company seal. Is it valid?

In this case, the clothing company delivered the work clothes to the hotel. Since the two parties did not sign The written sales contract and the delivery note were not stamped with the hotel's seal. When the hotel denied receipt of the goods and Zhang San could not be contacted, the clothing company provided a delivery note signed only by "Zhang San", which could not prove that Zhang San The employees of the three-series hotel were unable to prove that there was a real transaction relationship between the clothing company and the hotel. The evidence provided by the clothing company was obviously insufficient, so they should bear the legal consequences of being unable to prove it.

In real life, buyers and sellers often do not sign a written contract when conducting transactions. They only communicate by phone or fax and ship goods directly to the buyer. If the buyer refuses to pay after receiving the goods, the delivery note becomes the only evidence for the seller to assert his rights. In this issue, we will briefly talk about what issues the delivery party should pay attention to when filling out the delivery form.

1. There is a problem with the supplier name on the delivery note

In actual operation, many delivery parties often make mistakes in filling in the name of the delivery party when filling in the delivery note, such as The delivery party is actually an individual, but when filling out the delivery form, he pretends to be a certain enterprise or a certain company; some companies even fill in their registered names incorrectly? In this case, the delivery party is suing When going to court, it is often difficult to determine the qualifications of the subject of the lawsuit. In these cases, the delivery party or seller often needs to find other evidence to support it, such as finding the freight driver to provide corresponding evidence to prove that he is the delivery party, etc., which greatly increases the plaintiff's litigation risk. Therefore, it is recommended that the delivery party fill in his or her name correctly when filling out the delivery form.

2. There is a problem with the recipient of the delivery note

When the delivery party fills in the name of the consignee's company on the delivery note, he simply writes a few words. There are even some consignee companies that have not yet registered with the industry and commerce, and the company does not exist legally. Moreover, when receiving the goods, it is usually signed by an employee of the consignee company personally, without the official seal of the company or with an internal special seal that has not been registered. I once handled a case. After the delivery party shipped the goods normally, the recipient directly stamped and signed for it on the delivery note. The stamped word was the abbreviation of the company name. The delivery party delayed the payment and sent the goods to the customer. The cargo owner took the case to court. During the court hearing, the consignee denied receiving the goods and did not sign for the goods without company personnel. In the end, the court ruled that the delivery party should bear the adverse consequences. In order to avoid this kind of thing from happening, I suggest that first of all, the name of the consignee's company, the license plate number and contact information of the delivery driver should be correctly noted on the delivery note. Secondly, in practice, it is often signed by the consignee's guard and warehouse management personnel. In response to this phenomenon, I suggest that when individuals sign for receipt, they are required to indicate their ID number and contact information. When the recipient company goes to work normally, the relevant personnel are required to stamp the official seal or the department executives confirm it. In practice, many companies often do not pay social security for front-line workers such as janitors. If there is a dispute between the two parties in the future, how to prove that the person signing is an employee of the recipient company and that this person has the right to sign will be the core of sales contract dispute cases.

3. There are problems with filling in the code, product number, product name, specifications, unit price, quantity, etc. on the delivery note

The product number, product name, and specifications on the delivery note can determine the delivery The types of goods provided by the party. The unit price and quantity of the goods on the delivery note are more important, as they can determine the total price of the goods. In many cases, because the buyer and seller have not signed a written contract, the delivery note is often the main evidence for litigation. If the agreement between the two parties is unclear and the court cannot determine the total price of the goods in the event of a litigation dispute, the delivery party may suffer heavy losses. I suggest that the delivery party should fill in the goods number, product name, specifications, unit price, quantity, etc. when filling in the delivery form. If there is a long-term transaction between the two parties, it is recommended to indicate the number on the delivery note to facilitate future accounting.

4. The delivery order does not specify the quality and quantity objection period

In practice, many delivery orders do not indicate the delivery quantity and quality objection period. If a dispute occurs, The consignee often refuses to pay on the grounds that the quantity of goods received is inconsistent with the actual agreement and the quality is substandard, thus increasing the risk of litigation for the delivery party. I suggest that when filling in the delivery form, the delivery quantity and quality objection period should be clearly stated, for example, "After receiving the goods, please check the quantity, quality, etc. according to the order form. After confirmation, please sign and return the delivery form. If we do not receive your reply within seven days, it will be deemed that you have confirmed it. ”

Although the delivery note is small, it is an important evidence in the current economic transactions of the company. In order to legally protect the interests of the company. Rights and interests, effectively writing, signing, and keeping every delivery order will be an important part of the company's internal management work.