How to write a purchase contract
In commercial transactions, the purchase contract is an important legal document that protects the rights of the buyer and seller. Whether you are an individual or a business, it is important to know how to write a purchase contract. This article will combine the hot topics and hot content of the past 10 days to give you a detailed introduction to the key points of writing a purchase contract and provide structured data reference.
1. Basic elements of a purchase contract
According to recent popular issues on legal consulting platforms, the purchase contract must contain the following core terms:
| Clause name | Content requirements | FAQ |
|---|---|---|
| Contract subject | Complete names and ID numbers of the buyer and seller | 35% of contract disputes result from incomplete information about the subject |
| Description of subject matter | Product name, specifications, quantity, quality requirements | Vague descriptions are most common in e-commerce contracts |
| price terms | Unit price, total price, payment method | Cryptocurrency payments become latest point of controversy |
| Delivery terms | Time, place, mode of transportation | Logistics delays will be a high-frequency dispute in 2023 |
| Liability for breach of contract | Liquidated damages calculation method | Small and medium-sized enterprises often ignore this clause |
2. Analysis of recent hot contract issues
According to statistics from the legal big data platform, the contract issues that have received the most attention in the past 10 days include:
| Hotspot ranking | Question type | Proportion | solution |
|---|---|---|---|
| 1 | Live broadcast delivery contract disputes | 28% | Traffic commitment conversion rate needs to be clarified |
| 2 | Copyright ownership of AI-generated content | 22% | The source of training data needs to be agreed upon in the contract |
| 3 | Cross-border electronic contract validity | 18% | It is recommended to use blockchain for certificate storage |
| 4 | New energy vehicle battery warranty | 15% | Attenuation standards need to be listed separately |
| 5 | Traceability clauses for raw materials of prepared dishes | 12% | Suggested additional supplier list |
3. Purchase contract standard template structure
Based on typical cases issued by the Supreme People’s Court, the following structure is recommended:
1.Contract header: Contains contract number, signing date and place
2.Party information: Business license and identity document need to be verified
3.subject matter clause: It is recommended to attach photos or technical parameter sheets
4.Quality acceptance criteria: Clarify the testing institutions and methods
5.Intellectual Property Terms: Especially OEM contract
6.force majeure clause: Need to list specific situations
7.Dispute resolution: Agree on the competent court or arbitration institution
4. Things to note when signing electronic contracts
Recent data shows that the usage rate of electronic contracts has increased by 67% year-on-year. Special attention should be paid to:
| Risk point | probability of occurrence | Precautions |
|---|---|---|
| Impersonation | 23.5% | Require facial recognition verification |
| Tampering with terms | 18.7% | Use hash value verification |
| timestamp dispute | 15.2% | Adopt national timing center certification |
| System failure | 12.3% | Agree on alternative signing method |
5. Examples of industry-specific terms
For recent hot industries, supplementary terms should include:
1.Live e-commerce: Agree on the terms of pit fee and ROI linkage
2.New energy vehicles: Battery cycle guarantee terms
3.Prepared dishes: Additive usage disclosure terms
4.AI service: Algorithmic Bias Liability Exclusion Clause
5.Cross-border e-commerce: Exchange rate fluctuation risk sharing clauses
Finally, as a reminder, according to the latest judicial interpretation of the Civil Code, electronic filing should be carried out in a timely manner after the contract is signed, and the recommended retention period is no less than 3 years after the transaction is completed. It is recommended to hire a professional lawyer to review complex contracts, and for small transactions, you can use the contract model text issued by the State Administration for Market Regulation.
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