Disputes over goods purchase and sale contracts are a common issue in business, arising from disagreements between parties about rights and obligations when performing contracts. In order to resolve these disputes quickly and effectively, appropriate legal methods should be applied. In this article, A Dong will give you a detailed look at how to resolve disputes over goods purchase contracts
Disputes over goods purchase and sale contracts occur when the parties do not agree on the rights and obligations agreed in the contract. These disputes may arise from the content of the contract, the interpretation of the contract, the exercise of the rights and obligations of the parties, or the compensation for damages caused by the breach of contract.
The sale and purchase of goods in commerce includes the delivery and transfer of ownership by the seller to the buyer, and the buyer is obliged to pay and receive the goods according to the agreement.
Characteristics of the goods purchase and sale contract:
- Subject: Mainly traders, with some cases where the seller must be a trader.
- Subjects: Goods under the Commercial Law 2005, including real estate, future assets, and objects attached to land.
- Goal: Generate profits from business activities.
- Form: It can be oral, written or through legal acts.
Example: Mr. Tran Van H (X Co., Ltd.) signed a purchase contract with Ms. Nguyen Thi K (Y Joint Stock Company). However, Ms. K delivered the goods slowly and in the wrong type, leading to a dispute. The two parties negotiated but were unsuccessful, and finally had to ask the court to settle it
Disputes that often arise in goods purchase and sale contracts include:
- Slow delivery.
- Delivery of goods of the wrong type and quantity.
- The buyer breaches the payment obligation.
- The seller violates the terms of delivery.
- Compensation for damage caused by breach of contract.
There are four main methods of resolving disputes over goods purchase and sale contracts:
1. Negotiation
Negotiation is the process by which the parties discuss and resolve disputes on their own without the intervention of a third party. This method is not bound by legal principles and the outcome depends on the voluntariness of the parties
2. Mediation
Mediation is a method of dispute resolution with the participation of a third party as an intermediary to assist the parties in finding a solution. This third party does not have the right to make judgments, but only helps the parties reach an agreement.
3. Settlement in court
Dispute settlement in court is an official method and involves the intervention of state agencies. The court makes decisions based on the law, and this decision has the effect of compulsory enforcement.
4. Commercial Arbitration
Commercial arbitration is a method of using arbitrators as third parties to issue binding judgments on the parties. This method ensures confidentiality and the arbitrator's decision is final.
Situation: Company B signs a contract for purchase and sale of construction materials with Company Z. Due to the lack of sufficient goods to deliver, Company B returned part of the money to Company Z. The dispute arose when Company B requested payment of the outstanding amount, but Company Z refused. After reconciliation of debts, the court decided that Company Z must pay the outstanding amount and interest as prescribed.
Resolving disputes over goods purchase and sale contracts requires a deep understanding of the law and effective settlement methods. A Dong is committed to supporting customers in the process of resolving disputes, ensuring the legitimate rights and interests of the parties.
Please contact us:
A DONG IP – TRANSLATION – CONSULTANCY COMPANY
Room F2&F3, No. 2 Phung Khac Khoan Street, Da Kao Ward, District 1, Ho Chi Minh City, Viet Nam
Tel: 84-28 3926 0120 – 39260125
Email: consultant@a-dong.com.vn; info@a-dong.com.vn
Website: a-dong.com.vn
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