Legal analysis: 1. Risk control before signing the procurement contract

1. Subject qualification review

Before signing the contract, the supplier’s qualifications should be carefully checked review. Subject qualification review can be mainly divided into two categories: natural persons and legal persons.

2. Contract performance capability investigation

Through the contract performance capability investigation, the economic strength, credit situation and bad behavior record of the other party can be ascertained, providing a strong guarantee for avoiding contract risks.

2. Risk control during the signing of the procurement contract

1. Subject of the contract

The subject of the procurement contract refers to the buyer and the seller, also known as The demander and supplier or buyer and seller are the parties to the contract and the specific bearers of the rights and obligations of the contract.

2. The subject matter of the purchase and sale

Both parties must clearly agree on the name, brand, specification, model, grade, manufacturer, quantity and other details of the product to be purchased, and the details of the product must be as clear as possible. All indications are included in the contract as subject matter.

3. Price and payment method

The product unit price, measurement standard, quantity, product accessories, etc. should be clearly specified in the contract. For foreign-related contracts, the currency type and foreign exchange settlement standards should also be specified. Prevent disagreements. In addition, the payment method should also be clearly agreed

4. Delivery of the subject matter

In the procurement contract, the delivery method, transportation method, delivery location, time, and transportation costs are borne, etc. The agreement is clear.

5. Quality standards

The procurement contract must include specific quality standards to avoid "no rules" when quality disputes occur;

6. Liability for breach of contract

The procurement contract contains more detailed provisions, such as the calculation method of deposit, liquidated damages and compensation.

7. Agreement on dispute resolution terms

There are two main methods of dispute resolution: arbitration and litigation.

3. Risk control during the performance of the procurement contract

1. During the performance of the procurement contract, procurement personnel should pay close attention to the delivery time of the subject matter of the contract and the time of transfer of rights. Urge the seller to deliver the subject matter on time;

2. Pay attention to the quality inspection of the subject matter of the contract. If the subject matter does not meet the quality requirements stipulated in the contract, return or exchange the goods in a timely manner;< /p>

3. After the contract is completed, evaluate the supplier and accumulate materials for the next supplier determination. If there is a confidentiality clause in the procurement contract, the personnel performing the contract should be notified and the business secrets should be protected.

Legal basis: Article 595 of the "People's Republic of China and Civil Code" A sales contract is a contract in which the seller transfers the ownership of the subject matter to the buyer and the buyer pays the price.