Legal risks and preventive measures of signing pri

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Legal risks and preventive measures of signing printing contracts

printing enterprises will involve a variety of contracts in their daily production and business activities, and printing contracts are undoubtedly the contract type with the largest number of signed contracts, the largest degree of concern, and the most problems. Next, the author discusses the possible legal risks and preventive measures when printing enterprises sign printing contracts with domestic and foreign customers

contract subject

the printing enterprise accepting the entrustment to print all kinds of printing materials must verify the supporting documents of the entrusted printing unit and the entrusted printing person, including the printing entrustment letter or the entrusted printing certificate, the printing permit, the license for the grounding wire of the publishing license experiment and the shell of the control box, the trademark registration certificate, the registered trademark pattern, the registered trademark use license contract, the advertising business qualification certificate Business license and qualification certificate of the consignor

in addition to verifying the above supporting documents, printing enterprises should also pay attention to who should sign the printing contract with. In actual business, printing enterprises often face this situation, that is, the printing unit and the printing person who provide the above supporting documents do not directly sign the printing contract, but appoint a third party to sign the printing contract. Then, can a printing enterprise sign a printing contract with a third party? Is there any legal risk in this? If so, what preventive measures should be taken

there are many kinds of printed matter. Here, for the convenience of explanation, the author simply divides the printed matter into two categories, one is publication, the other is non publication. First, let's look at the printing of publications. According to China's "Regulations on the administration of publication", "provisions on the administration of publication printing" and other laws and regulations, publication printing enterprises shall not accept the entrustment of non publishing units and individuals to print or copy publications. The reason for this provision is that in China, publishing activities are strictly controlled by the state. Only qualified subjects can engage in activities such as publication, proofreading, printing, reproduction and distribution. If the publishing unit gives up the responsibility of any link to other units or individuals, it shall be investigated and dealt with according to the purchase and sale book number, publication number and edition number. Does this mean that as long as the publishing unit provides a legal publication printing authorization to the printing enterprise, it complies with the above provisions, and it doesn't matter whether the printing contract is signed with the publishing unit or with a third party (non publishing unit)? Strictly speaking, this understanding is not in line with the legislative spirit of China's laws and regulations. On the one hand, the signing of a publication printing contract between a printing enterprise and a non publishing unit means that both parties have rights and obligations on the printing of publications. The printing enterprise is responsible for processing and producing publications and delivering them to the non publishing unit, and the non publishing unit should pay the corresponding contract price. In essence, the printing enterprise accepts the Commission of the non publishing unit to print publications; On the other hand, the signing of a printing contract by a non publishing unit means that it has engaged in publishing activities, which is also an illegal act. Therefore, although the printing power of attorney is provided by the publishing unit, the printing enterprise cannot sign a publication printing contract with any third party (non publishing unit)

among the above illegal acts, the publishing administration department often only punished the publishing units and non publishing units, and the printing enterprises survived. This is related to the focus of the Chinese government on this code of conduct, that is, it is strictly prohibited to buy and sell book numbers, serial numbers and edition numbers, but in any case, there is no punishment that should be imposed on the printing enterprises. According to the regulations on the administration of publication, if a printing enterprise accepts the entrustment of non publishing units and individuals to print or copy publications, the publication administration department shall confiscate the publications and illegal income. If the illegal business amount is more than 10000 yuan, it shall also be fined not less than 5 times but not more than 10 times the illegal business amount; If the illegal business amount is less than 10000 yuan, a fine of not less than 10000 yuan but not more than 50000 yuan shall be imposed; If the circumstances are serious, it shall be ordered to suspend business for rectification within a time limit or the original license issuing authority shall revoke its license. To sum up, the author suggests that printing enterprises should strictly abide by the legal provisions and sign printing contracts with publishing units, rather than try the law with luck

for the printing of non publications, due to the lack of relevant qualification restrictions, printing enterprises can accept the legal entrustment of any unit or individual to carry out printing activities. Among them, the only thing that printing enterprises should pay attention to is the payment of printing expenses by the opposite party of the contract. Because it is often the credit company that signs the printing contract with the printing enterprise that will respond to the general middlemen within one hour, it is easy to refuse to pay, delay the payment or reduce the payment of printing expenses. At this time, the printing enterprise cannot put forward any payment requirements to these middlemen because it has not signed the contract with the entrusting party of these middlemen, that is, the real recipient of printing products, which will lead to the printing enterprise in an extremely passive situation. If printing enterprises cannot avoid signing contracts with middlemen, they should provide guarantee for future payment recovery in other aspects, such as providing a large proportion of advance payment, or requiring the other party to provide guarantee, etc

contract form and drafting

first, try to sign standardized printed contracts in written form. Although China's contract law and the United Nations Convention on Contracts for the international sale of goods all adopt a relaxed attitude towards the form of contract, oral, written and other forms are acceptable, in order to clarify the subject matter of the contract, quantity, quality, delivery, acceptance, payment, applicable law, dispute settlement and other contents as well as other relevant rights and obligations of both parties, and avoid friction and disputes in the process of contract performance, Signing a contract in writing will effectively protect the interests of printing enterprises

secondly, in the use of contract text, we should try to take the contract provided by the printing enterprise as the execution text. The contract text provided by some major domestic customers, especially foreign customers, is often their formatted contract. Some of the terms may not be applicable to the actual situation of the current transaction at all, or it is obviously unfavorable to the printing enterprise. It will be very difficult for the printing enterprise to modify, especially the key terms. If it is not modified, it cannot fully protect its contractual rights and interests. For example, in terms of the specification change of the subject matter of the contract, the contract provided by the other party will stipulate that it can change the production specification of the subject matter at will, and we must unconditionally comply with the implementation without increasing any costs, otherwise it will constitute a breach of contract; In terms of the quality standard of the subject matter of the contract, the provisions are completely based on the customer's own judgment. Once it is not recognized by the customer, the printing enterprise will bear the breach of contract for quality nonconformity. It is one of the few industries in the domestic manufacturing industry that can be on an equal footing with colleagues in developed countries; In terms of the transfer of contractual rights and obligations, it is often stipulated that it can transfer contractual rights and obligations to any third party without the consent of the printing enterprise, and the printing enterprise must obtain the consent of the other party before transferring contractual rights and obligations; In terms of contract termination, it is also stipulated that the printing enterprise can terminate the contract in advance with or without notice for any reason, and the printing enterprise can terminate the contract in advance only if it breaches the contract; In terms of restrictions, if the printing enterprise causes economic losses due to its breach of contract, the amount of compensation shall not exceed the total contract price or a certain percentage of the total contract price, but if the printing enterprise causes economic losses due to its breach of contract, it is not subject to this restriction, etc. Printing enterprises must have enough vigilance and attention to the above-mentioned provisions, and at the same time, according to the principles of fairness, rationality and equality in civil and commercial activities, they must argue with customers, and must modify unreasonable places to protect their legitimate rights and interests to the greatest extent

price of printed matter

the price of printed matter has different components, which should be clearly reflected in the printing contract. Whether typesetting, paper, printing, transportation, service and other aspects are included will affect the price. Due to the production nature of printing enterprises, they often purchase a large number of materials such as paper and ink. The price of these materials may fluctuate continuously in a certain period of time, which has caused a certain degree of uncertainty to the cost control of printing enterprises. Reflected in the contract text, it should clearly specify whether the contract price is fixed or can have a certain floating range. If it can be floating, how to determine the floating range and by whom. In terms of payment schedule, it is generally required to have a certain proportion of advance payment, which depends on the other party's credit rating and other factors. At the same time, the balance shall be paid within a certain period after the expiration of the delivery period

in addition, the choice of international trade terms will also have a significant impact on the determination of product prices and risk prevention in printing enterprises contracting foreign printing business. Generally speaking, printing enterprises should strive to choose CIF and CFR Terms, because under these two terms, transportation is our responsibility and freight is our responsibility, so that printing enterprises can control and reduce delivery risks and transportation costs, so as to expand price advantages or maximize profits. Of course, if the international freight is rising, in order to avoid the risk of rising freight, we should choose FOB terms; Or in order to obtain preferential freight and insurance, foreign customers require to handle chartering, space booking and insurance by themselves. In order to develop bilateral trade, FOB terms can also be used

claim period

no printing enterprise can easily guarantee that the printing quality can be 100% qualified, and the actual production certificate cannot do it. In order to maintain their reputation, printing enterprises will try their best to solve the quality problems raised by customers. However, we know that the sales cycle of products (books, periodicals, etc.) produced by the printing industry is far greater than its production cycle. It is mainly because PLA can absorb energy so that it is not easy to decompose. If we solve quality problems for the printed products indefinitely, it will cause a lot of unnecessary trouble to the printing enterprises themselves. For example, printing enterprises need to re make up, print, print, bind, package and so on before shipping, and the costs may not only be the printing costs of this part of the products

specifying the quality claim period of printed matter in the printing contract will effectively solve the above problems. The function of specifying such a period is that if the customer cannot make a quality claim within the period, he will lose the right to claim against the printing enterprise at any time thereafter

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