Construction material purchase and sale contract form is an important document in the process of concluding the purchase and sale of building materials. If you are interested in the content of the contract for the sale of construction materials in Vietnam, you can refer to the following article.
Legal grounds
- Civil Code 2015
- Commercial Law 2005
What is a contract for the sale of materials?
This is a legal document established when there is a transaction to buy and sell building materials. This document will record the agreement between the parties involved in the sale and purchase of goods.
Currently, this document is governed and managed by the Civil Code 2015. Along with that is the control of the Commercial Law issued in 2005.
The parties involved in the purchase and sale will mutually agree and form a final contract. The parties are also responsible for complying and fulfilling the terms stated in that contract.
Contents of construction material purchase and sale contract
The latest construction material purchase and sale contract template is complete and accurate, including a lot of information.
However, with different subjects, it is possible to agree on different contents, usually around the following main contents:
Information of transaction parties: company name, address, tax code, fax, representative, etc.
Commodity information
Location, cost and delivery method
Payment time
Responsibilities of Buyer and Seller
Some other terms if the parties have an agreement such as warranty; In case of stoppage of delivery, contract cancellation, contract compensation, etc.
Basically, the parties can agree to include any content in the contract as long as the contract content does not violate the prohibition of the law, and is not contrary to social ethics.
Instructions on how to write a contract for the sale of building materials
When making a construction material purchase and sale contract, the parties need to fully and accurately record information related to the parties, to avoid errors or misunderstandings that lead to future risks.
Information of the parties in the contract: It is necessary to specify the name information if it is an individual/information about the organization and the representative if it is an organization, address, contact method, etc.
This helps to distinguish between one subject and another in the conclusion of a contract, which is the basis for stipulating rights and responsibilities in the process of entering into and performing a contract.
Information on the subject of the contract: This part should clearly agree on the name, type of goods, specifications, quality and quantity to ensure the requirements of the buyer and consider the performance of the delivery obligation. goods of the seller under the contract.
Agreement on freight forwarding: This is also an important content to include in the contract.
The agreement between the parties on the price and payment method, the rights and obligations of each party is also an extremely important term, to balance the interests of the parties when performing the contract.
In other words, the rights and obligations of the parties should also be detailed and specific in the contract to avoid disputes.
Other terms as agreed and signed by the parties or their legal representatives.
Notes when signing the contract of purchase and sale of construction materials
In fact, the law respects the agreements and the freedom of speech of the parties to the contract. However, in case the parties do not reach an agreement or the agreement is unclear, the provisions of the Law should be followed. Pursuant to the Civil Code No. 91/2015/QH13 (Civil Code 2015), it is necessary to note a number of issues in the construction material purchase and sale contract as follows:
Product quality assurance
For transactions with conditions on goods quality, most of them are not in accordance with the provisions of the law, so there are many potential risks for the buyer, and disputes are likely to arise. The main reason is due to the subjectivity of the parties, especially the buyer. Do not carefully compare each product with specialized legal regulations.
The right to cancel the contract when violating the terms of delivery
The buyer has the right to cancel the contract, so the seller violates the terms of delivery, such as: under or over delivery, delivery too many times, asynchronous delivery, etc.
Besides, if the seller delivers the goods with the wrong type, wrong requirements on size, quality, composition, etc., the buyer has the right to both cancel the contract and claim the right to compensation. If the goods have many types but the deliverer fails to agree, or lacks some categories, the buyer is allowed to cancel that contract.
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The subject of a construction material purchase and sale contract?
Construction material purchase and sale contract is also a type of goods sale and purchase contract, the subject of which can be signed including the seller and the buyer.
Seller is a supplier of building materials, any materials used for construction purposes.
Many substances present in nature, such as clay, stone, sand, and wood, even twigs and leaves, have been used to construct buildings.
In addition to natural materials, many man-made products are used, some more or less synthetic. The seller can be an individual or an organization.
The purchaser of materials can be an individual or an organization with a need for building materials. Especially to mention construction companies, construction works,…
In the process of entering into this contract, the person signing the contract is the individual seller or the buyer or the legal representative if it is an organization.
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Frequently asked questions
Construction material purchase and sale contract is also a type of goods sale and purchase contract, so it must comply with the form of goods sale and purchase contract in the Commercial Law.
A contract for the sale and purchase of goods may be expressed orally, in writing or established by specific acts.
However, with a large value such as a construction material purchase and sale contract, the parties should make it in writing for easy implementation, or also as a basis for dispute resolution if any aris
The parties need to clearly state in the construction material purchase and sale contract form the time of cost transfer upon delivery. For example, when delivering the goods to the buyer or when delivering the goods to the shipping company. If this provision is not included in the contract, the parties will have to accept the risk of determining costs according to industry standards, to specific standards suitable for the purposes of entering into the contract or to standards that have been recognized. father of the state agency.
Conclusion: So the above is Construction material purchase and sale contract in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
