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On the guarantee clause in the sales contract
1. According to the provisions of Articles 12 and 13 1 of China's Contract Law, based on the special legal relationship of the sales contract, special attention should be paid to the following clauses when signing the sales contract: First, the name, quantity, quality and packaging method of the subject matter; Second, the price, amount, currency and price terms of the subject matter; Third, the time, place and method of delivery of the subject matter; The fourth is the insurance and transportation mode of the subject matter; Fifth, the inspection standards, methods and inspection time of the subject matter; Sixth, the time and place of payment, payment method and settlement method.

2. Matters needing attention in the sales contract:

(1) guarantee problem. Guarantee refers to a legal system in which a third party (guarantor) other than the parties to a contract guarantees one party (guarantor) to perform the contract in its own name, and when the guarantor fails to perform the contract, the guarantor will bear the responsibility. Attention should be paid when signing the contract: ① The effective time of the letter of guarantee should be the same as that of the main contract. If the contract comes into effect after notarization, visa or superior approval, the validity period of the letter of guarantee shall also be calculated after handling relevant formalities. If the effective date of the main contract is changed, the guarantor shall agree. (2) The validity of the letter of guarantee shall be consistent with the validity of the main contract. If it is agreed that the guarantee is the condition for the formation of the contract, the main contract will take effect when the guarantee conditions are ripe.

(2) Mortgage problem. Mortgage refers to a kind of guarantee that the debtor or the third party in the contract provides a certain property owned or managed by himself as collateral to the creditor. When concluding mortgage terms, we should generally pay attention to the following issues: the mortgagor can be the debtor in the contract or a third party, but it must be the person who enjoys the property ownership or management right of the mortgaged property. Collateral can be movable or immovable, but it must be legally transferable property. After the mortgage is established, the mortgagee has the right to be the real right of the mortgaged property, and the mortgagor shall not mortgage the property to others, otherwise the repeated mortgage will be invalid.

(3) the deposit problem. Deposit means that one party pays a certain amount of monetary deposit to the other party in order to ensure the performance of the contract. As one of the forms of contract guarantee, it can be used as legal evidence for the establishment and performance of the contract. If the contract is not fulfilled, the breaching party will be punished by "deposit penalty".

(4) Advance payment. Advance payment means that one party pays a certain amount of money to the other party in advance after the contract is signed according to the contract. After the performance of the contract, the advance payment can offset the payment or remuneration; If the contract is not fulfilled, the party receiving the advance payment shall return the advance payment and interest in full.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.