如何與中國供應商適當地談判購買契約？ 第2部分
由史蒂文・ Chow
(3)價格或報酬
析因在RMB (中國元)的迅速欣賞反對USD和其他主要外幣，當您談判價格和合同時。 貨幣匯率應該根據中國銀行提供的貨幣匯率圖(BOC)。 我寫文章關於怎樣與供應商最近談判一個更好的價格，請繼續檢查。
(4)期限、表現地方和方法
給一個具體期限，裝貨港口(壞例子： 中國在北部端起，運輸價格從大連，并且廣州在南部對日本口岸是顯著不同的)，交付的目的地在合同。 表明部份發貨是否允許或被允許。
仔細地使條目有活力，以便它不能不同地被解釋。
(5)責任為合同違約
設置一個清楚的責任為合同違約。 有仔細的審視在責任本章為合同違約在中華人民共和國的合同法律，不要使您的條目除消並作廢通過忽略供應在合同法律。
特別是，保證您有瞭解和利用充分的文章113， 114， 115， 116。 For those who haven’t signed a purchase contract but the suppliers have violate the contract materially after you send the deposit and those who have sign a contract but haven’t set up any clause on liability on breach of contract. Look at article 115:
Article 115 The parties may agree that a party pay a deposit to the other party as a guaranty for the obligation in accordance with the Security Law of the People’s Republic of China. Upon the obligor has performed its obligation, the deposit shall be offset against the price or refunded to the obligor. If the party paying the deposit fails to perform its obligations under the contract, such party has no right to demand for the return of the deposit; where the party accepting the deposit fails to perform its obligations under the contract, such party shall refund twice the value of the deposit.
Yes, you are entitled to be compensated for twice the amount of the deposit even though you haven’t sign a contract. Of course, I mean when Chinese law is applied in your case.
Steven Chow, Managing Director for the China Inspection Company Chinawhy.net
This is the second part of “How to negotiate a purchase contract with Chinese supplier properly?”, next week we will publish the third and final part. Here you can find part 1.
July 22nd, 2008 at 7:29 pm
Hi Steven,
Perhaps I am being ignorant of something else you have written (I confess I haven’t read Part I), but Article 115 quoted by you above apparently does include the language “under the contract” (used twice, in fact) in the clause pertaining to the refund of deposit, I wonder how you were able to derive (without any doubt it seems) from that that — I quote — “you are entitled to be compensated for twice the amount of the deposit even though you haven’t sign a contract”?
To me it would seem that if you hadn’t signed a contract, then there would be no contract to speak of (although one might argue that there was the intent — something often considered favorably in Chinese courts :-)
Thanks,
Shawn