How to reasonably agree on contract terms to safeguard the rights and interests of both e-commerce companies and suppliers

In the field of international trade and e-commerce, the agreement of contract terms is crucial, not only involving arbitration matters, but also including objections and claims, payment methods, delivery time, subject matter terms and other aspects. The following will introduce in detail how to reasonably agree on these terms based on practical experience and legal regulations in multiple fields.

Arbitration clause agreed upon

According to Article 16 of the Arbitration Law of the People’s Republic of China, the arbitration agreement shall contain the expression of intention to request arbitration, the arbitration matters and the selected arbitration committee. For e-commerce companies, the following model arbitration clauses can be adopted in contracts:

Example 1

Any dispute arising out of or related to this contract shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in accordance with the arbitration rules currently in effect at the time of application for arbitration. The arbitration award is final and binding on both parties.

Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC) for arbitration which shall be conducted in accordance with the CIETAC’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.

Example 2

Any dispute arising out of or related to this contract shall be submitted to the China International Economic and Trade Arbitration Commission ________ Branch (Arbitration Center) for arbitration in accordance with the arbitration regulations currently in force at the time of the arbitration application. Rules for arbitration. The arbitration award is final and binding on both parties.

By agreeing on such a complete arbitration clause, it will help importers resolve disputes in a timely manner.

Notes on Objections and Claims Terms

In order to reasonably agree on objection and claim terms, the following points should be noted:

• Evidence of claim: Choose an impartial and authoritative inspection agency to issue supporting documents to ensure that they are binding on both parties.
• Length of the claim period: It should be set reasonably based on the characteristics of the product and the time required for inspection.
• The connection between claims clauses and inspection clauses: There is a close relationship between the two, and it is necessary to ensure that they are connected to each other.

Details of payment terms

Payment terms between e-commerce companies and suppliers usually include the following:

• Contract price: Clearly indicate the unit price, total price and settlement currency of the goods.
• Payment method: Specify a specific method of payment, such as cash transaction or bank transfer.
• Payment amount: The total amount stipulated in the contract or the amount adjusted according to the actual situation.

Strategies for dealing with late delivery from suppliers

When a supplier fails to deliver on time, e-commerce companies can start from the following aspects:

• Timely communication: Ask the supplier to provide an exact delivery date, and decide whether to continue cooperation based on the situation.
• Report to Consumer: Explain the reason for the delay and commit to improvements.
• Attitude and Principles: Actively seek solutions and insist on quality control.

The importance of agreeing on after-sales terms

If after-sales terms are not agreed in advance, e-commerce companies will face greater risks if quality problems occur. According to the Contract Law, the buyer shall inspect the goods and notify the seller within the agreed or reasonable period.

Things to note when setting subject terms

When setting subject terms, e-commerce companies should ensure:

• Full name of the subject: Use international standards or industry customary names.
• Trademark Identification: Confirm the subject trademark information.
• Type and Characteristics: Clarify the target type and related information.

In summary, by reasonably setting various terms in the contract, e-commerce companies can better protect their own interests and also help establish long-term and stable cooperative relationships with suppliers.