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How to prevent loopholes in the contract
For loopholes and fraudulent behaviors that are easy to occur in contract debts, the parties can take preventive measures from the following aspects when concluding a contract: 1. They should know each other as much as possible before signing the contract. Before concluding a contract, the legal status, business scope, credit standing, recent business performance and business reputation of the other party shall be investigated. If it is difficult for the parties themselves to understand, they can inquire with the local industrial and commercial department of the other party, or learn from the other party's same industry or related enterprises or entrust a lawyer to conduct due diligence. 2. Know the agent's power of agency when signing the contract. For the contract concluded by the other salesman or manager on behalf of the unit, we should pay attention to the authorization of the other party, including the scope of authorization, the duration of authorization and the authenticity of the letter of introduction. For senior managers who are not legal representatives, such as vice chairman and deputy general manager, it should be known whether they have representation. 3. Pay attention to improving the quality of specific business personnel and leaders. Because the managers are unfamiliar with the business and the relevant laws and regulations, there are many loopholes in the process of concluding the contract. Therefore, we should pay attention to improving the professional ability and quality of business personnel and leaders, and be familiar with the business situation of this industry in order to effectively reflect and safeguard their own interests. Master the relevant laws and regulations of the industry, and know whether the transaction is prohibited or restricted by law. Lawyers and other legal professionals can provide help for contracts with strong professionalism or large subject matter. 4. The conclusion of a contract shall be in written form, and a relatively standardized contract template or a template provided by one's own party shall be used. Although China's contract law allows written form, oral form and other forms, it is not easy to determine the liability in case of disputes in non-written form, and in order to avoid being used for fraud, the contract should be concluded in written form as far as possible. At the same time, when concluding a contract, we should try our best to refer to the model contract and conclude it in combination with specific conditions. The content should be as detailed and clear as possible. China Administration for Industry and Commerce has issued a standard model contract for reference. If you sign a contract with a foreign enterprise, after signing it by fax, you should get the original contract by express mail as much as possible. When receiving the goods, the buyer should try his best to ask him to stamp the delivery note. In order to prevent the buyer from asking the workers to sign but not acknowledging the workers' signatures when the seller delivers the goods, the seller can make the following stipulations on the rights and obligations of the delivery part of the contract: "When the seller receives the goods, he must affix the official seal or special seal for receiving the goods, or if one of the following persons signs the goods, it is deemed that the buyer has signed the goods, and each person keeps his signature as follows:". If the consignee is re-designated, a receipt authorization signed by the consignee must be submitted. "At the same time, it should be noted that when the buyer's staff sign for the goods, the seller's delivery staff should be present to recognize his/her appearance and his/her autograph. If it is a special seal for receiving goods, this seal should also be reserved in this contract. Of course, the best way to confirm the receipt is for the buyer to affix the official seal or special seal for the contract on the delivery note. 6. Prevent malicious performances. It is very complicated to perform a contract in bad faith, but if active preventive measures can be taken in advance when concluding a contract, the contract risk will be greatly reduced. If you find that the other party's credit is in doubt, you should ask the other party to provide guarantee as much as possible. In addition, if there are problems in the performance of the contract, we should actively advocate our rights and keep relevant evidence. Actively exercise the right of action and safeguard their rights through the people's court, so as to avoid losses due to exceeding the limitation of action. 7. Matters needing attention in signing repayment agreement: the amount of arrears recognized by the other party should be stated in the agreement; The specific time of repayment; Avoid other matters that are still controversial between the two sides; If it is agreed that the first repayment is overdue, it shall be deemed as all due; It is agreed that if the other party fails to pay, it will be under the jurisdiction of our local court; The agreement should also be stamped with the official seal of the defaulting unit. 8. Check the cheque payment according to the prescribed procedures to avoid being taken away. There are two effective ways to prevent forged checks. One is cash on delivery. According to the time required for cheque transfer, the buyer is required to transfer the money to the seller's account before delivery, but this method is generally difficult for buyers to accept unless the supply is in short supply. Another method is to go directly to the drawer's bank to hold the ticket, so that you can immediately know whether the check can be cashed, transfer it immediately if it can be cashed, and stop delivery immediately if it is rejected to avoid losses. 9. If there are unreasonable terms in the order sent to you by others, and you deliver the goods according to the order without prior agreement between the two parties, you must be bound by the order, because your delivery behavior indicates commitment, his order behavior indicates offer, and his order rises to a contract without contract. Even if there is a contract, if the content of the order is outside the contract, it is still bound by the order. So, when you receive the order, you must check it thoroughly. If you find unreasonable terms, you must reply immediately and deliver the goods after the other party modifies the order.