Respondent: XXXX unit
Legal representative: XXXX, minister.
Respondent: XXXX Co., Ltd.
Legal representative: XXXX, manager.
Regarding the case of XXXX Co., Ltd. suing XXXX unit over a sales contract dispute, the respondent hereby makes the following comments:
1 , the respondent’s accusation is inconsistent with the facts.
1. Our company has never sent anyone to the respondent to purchase goods on credit. After receiving the complaint, after detailed review of the financial files, we have never been accused by the respondent. financial files or debt records. When several leaders of the unit were replaced and the financial handover was carried out, there was never any handover procedure for the debt complained by the respondent.
2. As a state agency, our company follows the company’s strict financial system and reimbursement process. It is impossible to assign staff to a store that has not signed a debt agreement to hang accounts at will. Our unit does not have a purchase contract with the respondent, and does not authorize staff to purchase goods from the respondent. Selected Civil Reply Samples
2. The evidence provided by the respondent has major flaws and cannot be accepted.
1. Regarding the IOU of XXXX yuan claimed by the respondent. Evidence flaw 1: The full name of our company's seal should be: "XXXX company", while the seal in the IOU evidence provided by the respondent is: "XXXX company". This seal does not belong to my company. Evidence flaw 2 is that the IOU was only stamped with an official seal and did not have the signature of any handling personnel, financial personnel or unit leaders, and the respondent did not provide purchase details. After investigation, our unit has neither financial records for the debt nor entry information for related materials. The third flaw in the evidence is that the so-called repayment record in the second half of the IOU only has some personal signatures and is not stamped with the official seal of my company.
Therefore, the evidence provided by the respondent is not relevant to our company, and our company should not bear responsibility.
2. Regarding the XX sales lists provided by the respondent with personal signatures.
My organization has never authorized anyone to purchase goods on credit from the respondent, nor has it received any goods on the sales list. According to the provisions of Article 66 of the General Principles of the People's Republic of China and the Civil Law of the People's Republic of China: If there is no power of agency, the power of agency exceeds the power of agency, or the behavior after the termination of the power of agency, the principal will bear civil liability only after ratification by the principal. . For acts that have not been ratified, the perpetrator shall bear civil liability. ?So the civil liability for the credit purchase behavior should not be borne by our unit.
3. The XX sales lists provided by the respondent were recorded in 2006 and 2007. According to Article 161 of the Contract Law Article 1: The buyer shall pay the price according to the agreed time. If there is no agreement on the time of payment or the agreement is unclear, and it cannot be determined in accordance with the provisions of Article 61 of this Law, the buyer shall pay at the same time as it receives the subject matter or the documents for the subject matter. ?The statute of limitations for the above-mentioned sales list shall be based on the time recorded on the sales list. As of this morning, the 2-year statute of limitations has expired. Even if the facts of the sale are established, the respondent has already lost the right to win the lawsuit, and the People's Court should reject its claim.
To sum up, the respondent’s accusation has no factual basis, the evidence has major flaws, has no connection with the facts to be proved, and cannot prove its claim. All claims of the respondent should be dismissed.
Sincerely
XXXX County People’s Court
Respondent: XXXX unit
XXXX, XX, 20XX