It has a certain effectiveness, but because the consignee did not sign, the effectiveness is very low.

If the consignee denies it, the judge may not accept the validity of the corresponding delivery note.

In a sales contract, the seller usually uses the delivery note as evidence that it has fulfilled its delivery obligations. In practice, there are three forms of delivery notes, with different signing methods. The proving effect of the delivery note They are also different:

First, the one with the highest proof is that the recipient stamps the delivery note.

The official seal has high certification effect, and the recipient should bear the legal consequences for its act of affixing the official seal. If there is no contrary evidence, the court will determine the probative effect of the delivery note.

Second, there is the signature and seal of the carrier, but there is no signature of the person in charge of the consignee or the person handling the goods, and there is no certification effect of the delivery note stamped with the official seal of the consignee.

Only the carrier's seal exists when the goods are delivered by express delivery, consignment, mail, etc. If conditions permit, the delivery note signed by the recipient can be retrieved. Only a delivery note signed by the carrier has certain certification effect. As the transportation link between the buyer and the seller, the carrier can usually deliver the goods to the consignee. The flaw of this evidence is that if the consignee denies receipt of the goods and cannot retrieve the record of the consignee's signature on the delivery note, the delivery note itself cannot directly connect the seller (deliverer) and the buyer ( consignee). If there is other evidence to assist, such as invoice deductions, etc., the court will still confirm the validity of the delivery note. Therefore, when entrusting a carrier to deliver the goods, you need to keep the delivery note, consignment note, and mailing receipt, and fill in as much detail as possible in the product name column.

The third and most complicated situation is that there is no signature of the consignee, only the signature of the consignee.

This kind of signature for delivery orders has certain flaws. During the court hearing, the consignee may make the following two defenses: First, the consignee admits that the signee is an employee of the consignee, but denies that the signee is an employee of the consignee. The employee is authorized to sign for the receipt;

Second, the identity of the signer is directly denied. He is not an employee of the recipient, and the authorization is denied.

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As for the first defense of the third consignee, which is to deny the authorization to the signing employee, different identifications can be made according to the following categories.

1. If the signee is a person in a special position of the consignee, such as a company manager, a staff member of the purchasing department, etc., the identity of the signer determines that he or she does not need special authorization from the consignee to handle the goods. Sign for receipt. The court recognized the validity of the receipt note signed by him.

2. If the signee is an ordinary employee of the company, it is not clear whether the consignee is authorized to sign for the goods. However, if it can be provided that the employee has a record of signing for the goods in the past transactions between the two parties, according to the transaction habits of both parties , the court recognized the validity of the receipt note.

3. If the signer does not have a special identity relationship and cannot prove that the signer is authorized based on transaction habits or other evidence, the court will determine that the signer has not been authorized to sign, thereby invalidating the receipt order. recognized.