Facsimile Contracts, Bills And Ious Have Evidence Effect.

Case: a dealer owed a group of subsidiaries about 200000 yuan, because its location is far away from the subsidiary, the daily bills and so on are signed by fax. The dealer refused to pay the bill many times, but the company was unable to bring it to court. Who knew that the dealer was rude to the salesman after receiving the notification of the complaint: he told you to tell me, I asked the lawyer, you have no proof that I owe you money. Luckily, the company has a letter of attorney authorized by the dealer to authorize the driver to take delivery of the goods. Delivery note And the witness's testimony of the driver finally won the lawsuit.

Analysis: in the trial practice of courts, it is usually necessary to combine other evidence to identify faxes. Evidence effect Only fax can not be used as evidence, because facsimile is easy to forge and not easy to preserve.

Most of the dealers in the feed enterprises are rural self-employed persons. When they fax, they go to the town to find fax machines, so that the sending numbers of faxes have nothing to do with dealers. Statements, Ious It is the key evidence to prove the amount of customers' arrears. Therefore, it is suggested that salesmen should not be afraid of high mountains and high distances. We must allow the arrears to sign in person, so as not to let anyone who wants to escape debt get a loophole. Compared to the about 200000 yuan, the Luqiao fee of several hundred yuan is only a fraction.

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Case: a feed enterprise and the dealer Li Mou sign the sales contract, the contract "award" one writes: "sales volume 400 tons, reward 50 yuan / ton". Lee completed 380 tons in the year, but there was a problem at the end of the year settlement. Lee asked the company to settle the discounts after settling the discount, while the enterprise thought that Lee did not complete the sales task of 400 tons in the year, and he did not pay the debt.

Analysis: the contract signed between foreigners is usually more than 10 pages, and every concept in the contract will be strictly defined, and every contract will be precisely stated, because in the highly regulated country market economy, the terms of the contract are the criteria for the two parties to abide by. Even if it is a simple sales contract, the two sides of the contract will go all out to decide the details.

In China, especially in rural areas, there is no tradition of paying attention to contracts. Many dealers will say "we said so" when they were in dispute with enterprises. "You promised me at that time". If the sales volume of 400 tons in this case is awarded 50 yuan / ton, there can be two understandings on whether the 400 ton sales volume can be rewarded.

Once there is a dispute, the court may decide that there is a major misunderstanding between the two sides of the contract, or make an explanation for the controversial terms of the contract. Therefore, when we draw up a contract, we should put it in the first place. We should put it in the first place, and put it in second. We should write more about the clauses which are particularly controversial, such as discounts, rewards and liabilities for breach of contract.