1, General
1.1 In order to strengthen contract management, avoid mistakes, and increase economic efficiency, this system is formulated in accordance with the provisions of the Contract Law and other relevant laws and regulations and in light of the actual situation of the company.
1.2 All types of contracts signed by the company are applicable to this system.
1.3 Contract management is an important part of enterprise management. Doing a good job of contract management has positive significance for the company's economic activities and the acquisition of economic interests. The leading cadres at all levels, the principals of legal persons and other relevant personnel must strictly abide by and effectively implement this system. All relevant departments must cooperate with each other and make joint efforts to do a good job of contract management with the company's "contract-based and creditworthy" as the core.
2. Signing of the contract
2.1 The negotiation of the contract must be attended by the Deputy General Manager and the person in charge of the relevant department. No one person may negotiate the contract directly with the other party.
2.2 The signing of the contract must comply with the national laws, policies and relevant regulations. In addition to a legal representative, a foreign contract must be a legal person entrusted with a legal person's power of attorney. The legal person's trustee must be responsible to the company.
2.3 The contractor must understand the situation of the other party before signing the contract.
2.4 The signing of the contract must implement the principles of "equality, mutual benefit, consensus, and compensation for compensation" and the principle of "better pricing, better selection, and better contracting."
2.5 The contract shall be in written form except for the immediate clearing, and the text of the uniform contract must be used.
2.6 The provisions of the contract on the rights and obligations of all parties must be clear and specific. The written expression must be clear and accurate.
3. The main issues that should be noted in the contract content are:
3.1 In the ministry, it is necessary to note the full name of the parties, the time of signing and the location of the contract;
3.2 Main part: The product contract shall indicate the product name, technical standards and quality, quantity, packaging, mode of transport and freight burden, delivery deadline, place and acceptance method, price, liability for breach of contract, etc.;
3.3 The last part: Note that both parties must use the special seal of the contract. In principle, no official seal is used. It is strictly forbidden to use a financial seal or business seal, indicating the effective period of the contract.
3.4 Signing of the contract: In addition to the place of performance of the contract at our location, the signing of an agreement shall be made under the jurisdiction of the People's Court of our city.
3.5 Any person signing a contract with the outside world must take the objective of safeguarding the company's legitimate rights and interests and improve economic efficiency. He must not be allowed to use false public interests, public welfare or private benefits when signing a contract, and offenders are punished according to law.
4, the review and approval of the contract
4.1 Before the contract is formally signed, the contract must be submitted to the leader for review and approval before it can be formally signed.
4.2 The contract approval authority is as follows:
4.2.1 Under normal circumstances, the contract is authorized by the chairman of the board of directors for approval.
4.2.2 The following contracts shall be examined and approved by the chairman of the board of directors: the contract shall have a turnover of more than 100,000 yuan; an investment of more than 100,000 yuan in joint ventures, joint ventures, cooperation, foreign-related contracts.
4.3 In principle, the contract shall be handled by the person in charge of the department. After the draft is drafted, it must be examined and approved by the deputy general manager after approval. Important contracts must be reviewed by legal counsel. The main points of the contract review are:
4.3.1 The legality of the contract. Including: whether the parties have the ability to sign and perform the contract, the ability and the ability to act; whether the contents of the contract comply with national laws, policies and regulations of this system.
4.3.2 The tightness of the contract. Including: Whether the terms of the contract should be complete; whether the parties' rights and obligations are specific and clear; and whether the written statements are correct.
4.3.3 The feasibility of the contract. Including: whether the parties, especially the other party, have the ability and conditions to perform the contract; the expected economic benefits and possible risks; and the possible economic losses when the contract is performed abnormally.
4.4 In accordance with legal requirements or actual needs, the contract should also or can be submitted to the higher authorities for verification, approval, or to the administrative department of industry and commerce for authentication, or to be notarized at the notary office.
5, the performance of the contract
5.1 The contract is established according to law and is legally binding. All departments and personnel related to the contract must adhere to the principle of "contracting and keeping credit standing." Strictly implement the obligations stipulated in the contract to ensure the actual performance or full performance of the contract.
5.2 The criteria for the completion of the contract shall be based on the terms of the contract or the provisions of the law. If there is no contract clause or legal provisions, the goods should normally be cleared, the project completed and accepted, the price settled, and no negotiation procedures shall prevail.
5.3 The general manager, deputy general managers, financial department and relevant department heads shall keep abreast of and master the performance of the contract, and handle problems or report problems in a timely manner. Otherwise, if the contract cannot be fulfilled and cannot be fully performed, the responsibilities of relevant personnel shall be investigated.
6, change of contract, cancellation
6.1 In the course of fulfilling the contract, if difficulties are encountered, first of all, every effort should be made to overcome the difficulties and try to ensure the performance of the contract. If the actual performance or proper performance does not have the manpower to overcome the difficulties that need to be changed, when the contract is rescinded, it shall be negotiated with the other party within the legal provisions or within a reasonable time limit.
6.2 If the other party proposes to change or rescind the contract, it shall proceed from the maintenance of the lawful rights and interests of the company and strictly control it.
6.3 Changes and rescission of the contract must comply with the provisions of the "Contract Law" and should be handled within the company.
6.4 The procedures for changing or rescinding the contract shall be implemented in accordance with the approval authority and procedures prescribed in this system.
6.5 Changes and cancellations of the contract must be made in writing (including letters, letters, telex, etc. by both parties), and the verbal form will be invalid.
6.6 Agreement to change or rescind the contract Before the agreement was reached or not approved, the original contract is still valid and should still be performed. However, exceptional circumstances have been agreed upon by both parties.
6.7 In the event of a change or cancellation of a contract that causes the interests of the parties to suffer losses, the parties shall bear the corresponding responsibilities except those permitted by law, and shall be clearly stipulated in the agreement to amend or rescind the contract.
6.8 In the name of altering or rescinding the contract, if the right to seek private gains, false public benefits, or private profits is undermined, they will be severely punished upon discovery.
7, the handling of contract disputes
7.1 If a dispute arises with the other party during the performance of the contract, it shall be handled properly in accordance with the relevant provisions of the "Contract Law" and the "Regulations".
7.2 Contract disputes are handled by relevant business departments and legal advisors. The handlers must be specifically responsible for handling disputes.
7.3 The principle of handling contract disputes is:
7.3.1 Adhere to the facts as the basis and the law as the criterion. If the law does not stipulate, the national policy or contract clause shall prevail.
7.3.2 Negotiated settlement by both parties is the basic approach. After a dispute arises, it should promptly negotiate with the other party in a friendly manner, and on the basis of safeguarding the legitimate rights and interests of the company and not infringing on the legitimate rights and interests of the other party, mutual understanding, mutual agreement, agreement, and dispute resolution.
7.3.3 Due to disputes arising from the other party's responsibilities, we must adhere to the principle of safeguarding our legitimate rights and interests from infringement; we must respect the other’s legitimate rights and interests due to our disputes, take the initiative to take responsibility, and try to take remedial measures to reduce my Party losses; disputes arising from the responsibilities of both parties should seek truth from facts, distinguish between primary and secondary issues, and make reasonable and reasonable resolutions.
7.4 When dealing with disputes, it is necessary to strengthen liaison, timely ventilation, proactively do a good job, and do not shirk, blame, complain, unify opinions, act in unison, and be consistent with the outside world.
7.5 The submission of contractual disputes, plus the time for us to negotiate with the parties to settle disputes, shall be conducted within the time limits prescribed by law, and must take into account sufficient time for arbitration or prosecution.
7.6 All contractual disputes handled by legal advisors, the relevant departments must provide the following evidence materials.
7.6.1 The text of the contract (including the agreement to change or terminate the contract), as well as the attachments, instruments, faxes, diagrams, etc. relating to the contract;
7.6.2 Delivery, delivery, shipping, acceptance, invoice and other relevant documents;
7.6.3 Promissory payments, collection vouchers, relevant financial accounts;
7.6.4 product quality standards, seals, samples or identification reports;
7.6.5 evidence of breach of contract by the party concerned;
7.6.6 Other materials related to handling disputes.
7.7 Where a contractual dispute is reached through agreement between the parties, a written agreement shall be signed with the representatives of the parties signing and affixing the official seal of the parties or the seal of the contract.
7.8. After the two parties have signed an agreement for resolving the contract dispute, the mediation and arbitration documents of the superior competent authority or the arbitration agency shall be copied into several copies and sent to the dispute management department and the relevant department Each department should be responsible for the understanding or fulfillment of the implementation of the document.
7.9 Where the parties fail to implement the relevant provisions of the above-mentioned documents when the prescribed time limit expires, the undertaker shall report to the supervisory leader in a timely manner.
7.10 If the other party fails to perform a legally effective mediation, arbitration decision or judgment within the prescribed time limit, it may apply to the people’s court for enforcement.
7.11 Before submitting an application for enforcement to the People's Court, the relevant departments should carefully examine the other party's implementation and prevent mistakes. If a settlement agreement is reached during execution, an agreement shall be prepared and handled in accordance with the provisions of the agreement.
7.12 If the contract dispute is handled or completed, the relevant unit shall be informed in a timely manner and the relevant information shall be compiled and archived for examination.
8, the management of the contract
8.1 The company implements two-level management and professional centralized management of contracts, a power of attorney and a basic management system.
8.2 The company's contract management is specifically:
The company's deputy general manager is responsible for the general responsibility of the company, and the centralized management department is the finance department. Each department is responsible for the negotiation, drafting, and implementation of the contracts within their respective authorized scope.
8.3 All the company's contracts are signed by the financial unified registration number and the signature of the handler, and signed by the chairman of the board of directors, the deputy general manager of the company, or other written authorizers.
8.4 The Office together with relevant departments do a good job in the basic work of contract management. details as follows:
8.4.1 establish a contract file;
8.4.2 Establish a contract management account;
8.4.3 Fill in the "Contract Status Month Report".
9. Supplementary Provisions
9.1 This system is formulated and managed by the Ministry of Finance.
9.2 This system has been implemented since January 1, 2017.
The company Sports Equipment Co., Ltd.
January 1, 2017
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