Safe business operation guidance
- Strictly perform the terms of the contract. First, we should regulate the conclusion of contracts. Before signing the contract, it is necessary to review the credit status, industrial and commercial registration, etc. of the opposite party of the contract, and also to review whether the contract signatory is authorized, so as to avoid apparent agency, ultra vires agency, authorization failure, etc., which will affect the effectiveness of the contract; Secondly, the order of performance of the contractual obligations of both parties should be clearly agreed to prevent disputes due to unclear agreement; Thirdly, the main terms of the contract must be expressly agreed, such as the time and place of performance of obligations, liability for breach of contract, etc. Second, we should pay attention to the performance of the contract. Once the contract is signed, it will be legally binding, and both parties shall strictly perform the contract. In case of failure to perform the contract on time, we must negotiate with the other party in time and strive to reach a new agreement. If the other party breaches the contract, it shall collect evidence safely and make a claim to the other party in a timely, reasonable and accurate manner.
- Improve the awareness of evidence to ensure effective rights protection. First, we should obtain written evidence. Sign a written contract, and the change or cancellation of the contract should also be reflected in writing. During the performance of the contract, written documents shall be obtained for the delivery of goods. If the goods are delivered by means of logistics consignment, the shipper shall be required to obtain and submit the certificate of recovery; If the receipt certificate is not obtained, remedial measures shall be taken in a timely manner by sending a letter, e-mail, etc. If there is any objection to the quality after receiving the goods, it should be raised in writing in a timely manner within the time specified in the contract or the law. The second is to properly keep the evidence. In addition to paying attention to the custody of the written evidence in the above transactions, for the correspondence, fax, email, wechat, SMS records, audio and video materials between the parties, as well as the “delivery evidence” such as notification of delivery and demand for payment, special personnel must be arranged to summarize and keep it, so that it can be used at critical moments. Third, we should learn to use evidence. For e-mail, electronic contracts and other evidence, due to the characteristics of easy forgery and alteration, it can be extracted and preserved by notarization, so that it can be submitted to the court as effective evidence in litigation.
