For e-commerce companies, signing a contract is a critical step, especially the content of the contract must be implemented one by one and carefully reviewed. When signing a contract, e-commerce companies should set various terms of the contract, including subject matter terms, quality terms, delivery terms, payment terms and breach of contract terms. From goods to supply to breach of contract liability determination, e-commerce companies must carefully check all aspects to prevent procurement risks and safeguard their own interests.
The subject matter clause must clearly state the name of the subject matter to make the subject matter specific, thereby defining the rights and obligations of both parties. From the perspective of classification, the subject matter can be a physical object, an act, an intellectual achievement, or a certain right. Therefore, different natures of the subject matter may lead to different situations, which should be distinguished in the contract. So, what should e-commerce companies pay attention to when setting the subject matter clause?
(1) Indicate the full name of the subject matter
The subject matter clause must contain the official name of the subject matter, that is, the full name of the subject matter. In addition, the name of the subject matter should be consistent with international standards or industry practices as much as possible. In actual transactions, if the name of the subject matter is confused with similar goods, the resulting troubles and disputes may even make the contract become a hollow shell, causing both parties or one of them to suffer huge economic losses and reputation losses.
In addition, it is now very common to have the same thing with different names. For example, different regions have different names for the same subject matter. Therefore, e-commerce companies should pay attention to the same thing with different names for the subject matter. If necessary, e-commerce companies can ask suppliers to provide pictures of the subject matter and add descriptive instructions.
(2) Indicate the trademark of the subject matter
The trademark is a unique mark of the subject matter itself, representing the exclusive information of the subject matter. The subject matter’s trademark must be included in the subject matter terms, and e-commerce companies must also carefully identify it.
(3) Indicate the type of subject matter
There are four main types of subject matter, namely tangible property, intangible property, labor and work results. E-commerce companies should pay attention to distinguishing the types and characteristics of the subject matter to avoid affecting the performance of the contract. In addition to the type of the subject matter, the model, variety, grade and other information of the subject matter should also be stated in the contract, and it must be accurate.
Tips
When setting the subject matter terms, in addition to some basic information that needs to be repeatedly checked, it is also necessary to pay attention to communication and exchange.
E-commerce companies and suppliers should discuss more details to prevent conflicts.