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Under the conditions of market economy, sales transactions are frequent, and sales contracts are in various forms. In practice, some have written contracts and some do not. If the sales contract simply stipulates that the settlement shall be made according to the delivery, and the buyer denies the relevance of the invoice, how should we respond?
The payment collection team of ELT has summarized this problem as follows in the process of dealing with payment collection, hoping to inspire you.
Under normal circumstances, the delivery note is only indirect evidence of the formation or effectiveness of the sales contract, which can only prove the fact of delivery of the goods, and cannot independently prove the direct relationship between the seller and the buyer. If it is to be proved that there is a direct sales relationship between the two parties or that the sales contract is established, a comprehensive determination must be made in conjunction with other evidence.
Non-repayment of arrears In disputes over sales contracts, the determination of the probative validity of the delivery note generally exists in the following situations:
1. A delivery note stamped and signed by the consignee.
This is the most standardized way to sign for receipt in practice. Under normal circumstances, as long as the delivery note provided by the witness has the signature of both the consignee and the delivery unit, the other party will no longer deny the authenticity, legitimacy and relevance of the delivery note. Because this kind of evidence is bound by the dual responsibilities of both individuals and units, it has a high probative capacity.
2. The delivery unit with the seal of the receiving unit but not signed by the person in charge of the receiving unit or the person in charge.
The signature of the unit on the delivery note is made by the other party holding the delivery note, which is different from the certification document of an ordinary third-party unit. The signature of the unit on the delivery note shows the relevance of the delivery note to the party presenting the official seal. If there is no proof to the contrary, the court can directly recognize the validity of the certificate stamped with the official seal of the receiving unit, without the signature of the person in charge of the receiving unit or the person handling it.
3. Only the logistics company signs and seals, but there is no delivery unit signed or stamped by the receiving unit.
Because such a delivery note itself cannot directly link the consignee to the consignee, its probative effect cannot be directly determined.
4. Only the delivery unit signed by the consignee but not stamped by the consignee.
In this case, a dispute is most likely to arise in practice. In this case, the determination of the validity of the delivery note shall also be determined on a case-by-case basis. If the consignee agrees, the court will generally directly determine the evidence of the delivery note. If the signatory is a company manager and other special positions of the enterprise, and does not need special authorization to engage in the receipt of the goods, it has the characteristics of superficial recognition, and its signature is usually regarded as having the implied authorization of the unit and is directly recognized by the court. The signatory is an ordinary employee of the enterprise, but it is not clear whether the signatory is authorized to sign for the receipt. At this time, it is sufficient if the signatory is identified according to transaction Xi.
The signatory has a certain special identity relationship with the employer, such as the payee is the party's parents, wife, children and other family members: in another case, the signatory is not an employee of the unit and has no other special relationship with the other party to the evidence. In the absence of other evidence, the court generally does not recognize the probative effect of such delivery notes.
The above is the experience shared by the payment collection team of E-Lux, when dealing with similar cases. If you encounter a problem of arrears, whether it is domestic or foreign, you can contact the payment collection team of Elu Yishun to get more targeted suggestions and solutions.
After years of continuous improvement, the lawyer team has formed a perfect service process and more risk prevention functionsThe team members have professional qualifications such as director of the International Bar Association (IBA), lawyer of the International Credit and Commercial Collection Association of the United States, chartered arbitrator of the United Kingdom, mediator of the Asian Alternative Dispute Resolution and Mediation Center, arbitrator of China, and arbitrator of the Thai International Arbitration Center (THAC).