First, invoices are not allowed to be checked.
It is a fact that the main body of enterprises in Dongguan is complex, but sometimes the way enterprises write and print themselves is very complicated. The enterprise originally registered in Dongguan becomes an associated Hongkong or Taiwan Province enterprise; Originally a factory, a trade department, became a company; Originally a citizen, he invented a factory or a company. If there is a lawsuit, who is the plaintiff? For example, Zhang Sheng of Chang 'an runs a private clothing factory, and Dongguan XX Clothing Co., Ltd. is printed on the invoice. Because the lawsuit was filed with the court. The judge who accepted the case asked him, the delivery was made by XX company, why was it sued by XX factory? Zhang Sheng explained, No! The judge asked him to check with the industrial and commercial bureau to confirm that there was no such company in Dongguan, and then provided evidence to prove that the goods were issued by this factory.
The lawyer suggested that when printing the delivery note, it should be printed according to the name (full name) of the enterprise with business license. For example, when printing the delivery list of your factory, the title should be "Dongguan Changan Shangsha Fuchang Electronic Products Factory", instead of just printing "Fuchang" to avoid future troubles.
Second, the customer name is unknown or not allowed.
Sometimes, in order to save trouble, the delivery staff does not fill in the customer's full name, but only the font size. If the consignee only signs the delivery note without stamping it, it will be difficult to determine the specific debtor. For example, the consignee is "Dongguan Ma Shuang Hardware Factory", but the bill of lading only says "Ma Shuang" or "Dongguan Ma Shuang". This evidence alone cannot confirm that the customer is "Dongguan Ma Shuang Hardware Factory". Because "Ma Shuang" is just a font size, it can be registered and used in other industries without special registration. There can be "Dongguan Ma Shuang Clothing Co., Ltd." or "Dongguan Ma Shuang Plastic Factory". Therefore, a moment's negligence may bring trouble.
Lawyer's suggestion: when filling in the delivery note, you must fill in the full name of the enterprise on the customer's business license.
Third, the description of the delivered goods is unknown.
A general delivery list should at least include the name, specification, quantity, unit price and amount, so as to confirm what goods have been delivered, what kind of goods, how many goods and how much money. The contents of the list vary according to the goods delivered. The name and specification can confirm whether the goods are correct, and the quantity and unit price can confirm the payment amount.
Lawyer's suggestion: when filling in the delivery note, at least fill in the columns of name, quantity, unit price and amount clearly, and never leave them out.
Fourth, the consignee didn't stamp it.
This is a universal problem. Imagine that the consignee only has the signature of the warehouse keeper, and the person who signed before payment has left, and the consignee refuses to accept the account, and there is no other evidence to prove the creditor's rights and debts. What shall we do? I will entrust a lawyer to collect evidence to prove that the signer's behavior is a professional behavior, not a personal behavior.
5. The payment method is either unavailable or too simple.
Payment methods include currency, payment time and settlement method. There is no agreed payment time. According to Article 62 of the Contract Law, as long as the other party is given the necessary preparation time, the delivery party can of course claim the rights at any time, but both parties need to negotiate, which will also affect the capital plan. If the payment time is agreed and the payment is not made on time, you can claim liquidated damages for overdue payment. Sometimes the payment method only writes the business idiom "XX days per month", which is not conducive to the safety of funds because it is not determined whether it is cash or transfer settlement. From the perspective of security, transfer is better than cash; From a quick point of view, cash is better than transfer.
Lawyer's suggestion: in order to ensure the timely recovery of the payment, we must make a specific agreement on the payment time, and we can stipulate the penalty for overdue payment, which is calculated at 1 ‰-5 ‰ of the overpaid amount every day.
Sixth, the lack of objection clause (this one is rarely noticed)
Articles 157 and 158 of the contract law stipulate the quantity and quality objections of the subject matter for sale. To sum up, there are three points: first, if there is a quality guarantee period, the quality guarantee period applies; Second, the parties agree on the time limit for quantity and quality objections; Third, there is no agreement, and the longest objection period is two years.
Lawyer's suggestion: From the seller's point of view, it is best to stipulate the time limit and method of quantity and quality objection on the delivery form to prevent the buyer from claiming creditor's rights on the grounds of insufficient quantity or quality defect.