Would you sign a contract with a company if they invite you to do so?
Post 1 of 32
Dear Friends,
Here is a question bothering our company recently...
we have received an email from a buyer in China, in Zhengzhou, which does not really possess a very good reputation...After some bargainning on price term and shippment term, they claimed that they would not sign contract via email and would like us to come to their company and sign the contract...
We have searched their company in the website, which we have found lots of information. However, their telephone no. and contact person has some difference with what the website is showing...i have also found on the web that other people doubt so....
We are going to "sign the contract" on the coming Thursday, and we are now afraid if they are fraud...please help me out if you have some information towards this company:
Zhengzhou Jinmao Barter Managerment Co., Ltd.
Telephone: 86-0371-66036289
Address: Golden Water Road 79 ,Zhengzhou City, Henan Province, China., zhengzhou, Henan, China (Mainland)
Thank you very much, my friends
Honindco![[em4]](http://img.alibaba.com/images/eng/style/icon/emoticons_sad.gif)
moved to Due Diligence ~ macs2005
Here is a question bothering our company recently...
we have received an email from a buyer in China, in Zhengzhou, which does not really possess a very good reputation...After some bargainning on price term and shippment term, they claimed that they would not sign contract via email and would like us to come to their company and sign the contract...
We have searched their company in the website, which we have found lots of information. However, their telephone no. and contact person has some difference with what the website is showing...i have also found on the web that other people doubt so....
We are going to "sign the contract" on the coming Thursday, and we are now afraid if they are fraud...please help me out if you have some information towards this company:
Zhengzhou Jinmao Barter Managerment Co., Ltd.
Telephone: 86-0371-66036289
Address: Golden Water Road 79 ,Zhengzhou City, Henan Province, China., zhengzhou, Henan, China (Mainland)
Thank you very much, my friends
Honindco
moved to Due Diligence ~ macs2005
02 Aug 2007 19:00
Post 2 of 32
Replying to [honindco]:Be careful,I dont think it's a good way to sign contact with them.For u cant confirm they are real supplier
03 Aug 2007 00:35
Post 3 of 32
Replying to [honindco]:
Talking of contract I am able to help you a little as I am the one in charge of handling contract from our customer and to our supplier.
The first thing you should do is ask them to send the drafted contract to you, you should study it very carefully, if the language is too lawyer-ish and you are not sure what it actually mean do not sign it. Extend the signing ceremony and consult your lawyer first. All the content must be of win-win situation and you can negotiate and amend anything and counter propose. A contract is a good thing but if you are not careful enough it might be use to work against you. Be extra careful when it come to any claim or damage clauses as it might be written in a very harmless way but if you have violation they can sue you until you go bankrupt. For me when I draft a contract I will protect our company to the maximum but I would draft it is a very harmless way if not nobody will want to sign it. If anything were to happen such as market claim or etc and we got sue by our customer I can actually sue my supplier until they go bankrupt if we can prove that they are the one who is causing the problem. So be extra careful as in a contract every single word count !! Good Luck
Talking of contract I am able to help you a little as I am the one in charge of handling contract from our customer and to our supplier.
The first thing you should do is ask them to send the drafted contract to you, you should study it very carefully, if the language is too lawyer-ish and you are not sure what it actually mean do not sign it. Extend the signing ceremony and consult your lawyer first. All the content must be of win-win situation and you can negotiate and amend anything and counter propose. A contract is a good thing but if you are not careful enough it might be use to work against you. Be extra careful when it come to any claim or damage clauses as it might be written in a very harmless way but if you have violation they can sue you until you go bankrupt. For me when I draft a contract I will protect our company to the maximum but I would draft it is a very harmless way if not nobody will want to sign it. If anything were to happen such as market claim or etc and we got sue by our customer I can actually sue my supplier until they go bankrupt if we can prove that they are the one who is causing the problem. So be extra careful as in a contract every single word count !! Good Luck
03 Aug 2007 01:49
Post 4 of 32
Replying to [honindco]:
Be careful, this is a typical scammer I think.![[em1]](http://img.alibaba.com/images/eng/style/icon/emoticons_smile.gif)
Be careful, this is a typical scammer I think.
03 Aug 2007 07:41
Post 5 of 32
Replying to [David Frencken]:
Thank you very much for your advice.
However, since it is us who provide, i am wondering if we should go? because i think it is quite reasonable that for such a big order, we should go to their company and negotiate? i dun really know how to decide....please advice
Honindco
Thank you very much for your advice.
However, since it is us who provide, i am wondering if we should go? because i think it is quite reasonable that for such a big order, we should go to their company and negotiate? i dun really know how to decide....please advice
Honindco
03 Aug 2007 18:20
Post 6 of 32
Replying to [honindco]:it is normal to meet such a problem .so it is important to ensure their information which is true or not.we hope you have good luck.
03 Aug 2007 19:16
Post 7 of 32
Replying to [honindco]:Yes,it is not a normal way to sign the contract,so be careful!And you can require them to sign the contract by fax,if they want to meet you,you can invite them to have a meet in the canton fair or hongkong fair if you will attend the fair.
03 Aug 2007 19:53
Post 8 of 32
Replying to [honindco]: I will not, becuase the person in our company has such experiance before, Though they will fullfil the contract. But think about it:Copy of contract with the seal and the signature is lawful in China, so we usually use Fax or E-mail copy. In this case why do you spend so many time and money and other resouce to do so? If you can not order from any other compay?
Most of such company which need the contract signed face by face are bureaucracy, they possiblly ask you to pay advance( at least a part) then the shipping date of the product is not accord to the contract always need two more weeks.
That is how we suffered!
Most of such company which need the contract signed face by face are bureaucracy, they possiblly ask you to pay advance( at least a part) then the shipping date of the product is not accord to the contract always need two more weeks.
That is how we suffered!
04 Aug 2007 07:21
Post 9 of 32
Replying to [honindco]:If you go, I think that you'll regret. Business is not like this. as buyer they should visit you and confirm that you're true supplier. but why they ask you to visit them? it's trick. don't believe this. if you really want to go, be careful of your safety. Don't pay any money before signning a contract.
04 Aug 2007 07:46
Post 10 of 32
Replying to [honindco]:
If I were you, I won't to there to sign the contract. They are likely to be scammers.
One of our colleagues has been cheated by a Henan "company" before!
You should be very careful!!!
If I were you, I won't to there to sign the contract. They are likely to be scammers.
One of our colleagues has been cheated by a Henan "company" before!
You should be very careful!!!
04 Aug 2007 19:35
