With the development of market economy, the phenomenon of commodity trading has become very common, and the sales contract has become the most common civil contract. After signing a sales contract, either the seller or the buyer usually do not want to have a sales contract dispute, because the dispute means the loss of time, energy, money and feelings. However, the situation in real life is complicated, so it is difficult to avoid the disputes of sales contract.
So, when faced with sales contract disputes, how should we deal with? The following is to provide you with several methods to solve the sales contract disputes:
Consultation
In case of any dispute arising from the execution of this contract, the two parties shall, in accordance with the relevant laws and provisions of the contract, conduct friendly consultations on the principles of equality, mutual benefit, honesty and good faith.
On the one hand, resolving disputes through consultation can help resolve disputes in a timely manner and avoid protracted problems. On the other hand, it is also conducive to maintaining the bilateral trading relationship, so that disputes can be properly handled. For example, when the debtor is temporarily unable to repay the debt, the dispute can be resolved by means of “repayment in installments or repayment in goods” through negotiation between the two sides.
It should be noted that the settlement of disputes through consultation should be based on mutual understanding, mutual accommodation and consultation on an equal footing, and the settlement method should be the result of consensus reached by both parties through consultation. Its advantage is to avoid damaging the cooperative relationship between the parties and save time and effort for the parties to resolve the contract dispute.
Mediation
There are many kinds of mediation in China. According to different subjects, it can be divided into people’s mediation, court mediation, administrative mediation, arbitration mediation and so on.
In order to ensure that the disputes between the two parties can be objectively and fairly resolved, the parties may seek the help of mediation organizations.
Mediation organizations, as neutral third parties, can intervene in the dispute to help exchange views, put forward solutions, and facilitate the parties to reach a mediation agreement in accordance with the principle of voluntary and legal.
The mediation agreement shall have legal effect and both parties shall conscientiously perform it. Resolving disputes through mediation is simple and easy, and can save the parties a lot of time, energy and money.
Arbitration
According to Chinese law, there are two types of arbitration: labor arbitration and commercial arbitration. Commercial arbitration means that the parties agree in the contract to submit the dispute to arbitration, and the arbitration commission, as a third party, will intervene in the dispute between the parties and make a ruling on the merits of the dispute according to law and based on facts.
If the parties adopt arbitration to resolve the contract dispute, they must agree in the sales contract in advance to choose arbitration as the dispute resolution method, and need to specify the arbitration committee with jurisdiction. In addition, the advantages of arbitration in resolving disputes lie in the fact that the ruling has the final effect and the time efficiency is faster than that of litigation.
Litigation
When a contract dispute occurs, the parties fail to negotiate and there is no agreement on arbitration as a dispute settlement method, the parties will usually entrust lawyers to collect evidence materials, bring a lawsuit to the court, and protect their rights through litigation.
In recent years, with the enhancement of people’s legal awareness, more and more citizens and enterprises actively protect their legitimate rights and interests through litigation, litigation has also become an important line of defense to maintain social fairness and justice.
In China, the judicial organ with jurisdiction is the people’s court. The people’s court independently exercises the judicial power according to law. Its advantage is that it can guarantee the objectivity, impartiality and authority of the trial of cases.
Legal Note:
The legal relationship between the parties in the sales contract dispute seems simple, but in practice it often becomes difficult and complicated due to the lack and insufficiency of evidence.
Therefore, in the sales contract relationship, the parties should enhance their legal awareness, pay attention to signing the written sales contract, keep relevant documents, chat records, email messages, mobile phone messages and other evidence, ensure the authenticity and integrity of the evidence, in order to provide evidence for future disputes to protect their rights in accordance with the law.
The above is about the sale contract dispute settlement method basic introduction. We hope you can safeguard your legitimate rights and interests through legal means when you encounter disputes over sales contracts in the future.
