Is it a good idea to sign the contract on November 12, 2020 of the lunar calendar?
An old saying goes: "If you can't find a dragon's lair or an emperor's fate, you can still be rich if you choose an auspicious time." It means that even if you can't find a good feng shui, you can still be rich if you have a good day. This shows how important a good day is to people. So, is it a good idea to sign the contract on November 12, 2020 of the lunar calendar? When the Lesser Cold arrives, the weather has entered a stage where it is gradually getting colder but not yet very cold. Mr. Shui Mo will spend this cold winter with you.Is it a good idea to sign the contract on November 12, 2020 of the lunar calendar?November 12, 2020 (Lunar calendar)Capricorn (Saturday, December 26, 2020) 【Today’s lunar calendar is suitable】 Matching marriage, engagement, engagement, groundbreaking, planting meridians, receiving livestock, burial, raising livestock, building and dismantling, coffining, moving coffins, wearing mourning clothes, removing mourning clothes, breaking ground, seeking offspring, sculpting and painting, building bridges, fasting and offering sacrifices [taboos according to the old almanac today] Marry Open ——Based on the above lunar calendar information, we can conclude that November 12, 2020 is not a suitable day for [opening the market], so it is not a good day to sign a contract! Signing Notes(1) Review the credit status of the contracting party <br /> As the party that performs the contract, the credit status of the contracting party includes basic registration information, cases involved in litigation, cases involved in enforcement, etc., which is of great significance for the comprehensive and timely performance of the contract.(2) The basic terms of the contract should be comprehensive and accurate <br /> The quantity, quality standards, price and payment method, performance period, performance location and method, acceptance terms, etc. of the contract subject should be clearly, explicitly and comprehensively agreed upon to avoid disputes in the subsequent performance of the contract and the inability to reach a consensus. (3) Agree on the specific amount or calculation method of liquidated damages<br /> Although there are two types of liquidated damages: statutory and agreed, in the case of statutory damages, the party that complies with the contract needs to provide evidence to prove the losses it has suffered due to the breach of contract by the breaching party. In many cases, it is difficult to provide evidence of the losses. To avoid this situation, it is best to agree on a specific amount of liquidated damages or its calculation method. (4) Agree on a method of dispute resolution <br /> In the contract, it can be agreed that any future disputes that may arise will be resolved through litigation or arbitration. The following examples can be used as a reference: Any disputes arising from or related to this contract shall be settled through timely and friendly negotiation between the two parties. If the negotiation fails, either party shall have the right to bring a lawsuit to the People's Court with jurisdiction over the place where this contract is signed, i.e., Haidian District, Beijing. [The underlined part can be replaced by the plaintiff/defendant's place of residence, the place of performance of the contract, the location of the subject matter or a certain arbitration institution] The provisions of this contract on jurisdiction shall not be changed due to the invalidity, revocation, termination or transfer of the rights and obligations of this contract. (5) Intellectual property and confidentiality clauses <br /> This clause can effectively prevent one party from disclosing or improperly using the other party's business secrets or intellectual property rights known to it during the contract conclusion or performance process. (6) Service Clauses <br /> In view of the fact that some companies or parties deliberately refuse to receive judicial documents mailed by the court or arbitration institution during the litigation or arbitration process, resulting in the delay of the case progress due to the public notice of service, the parties may agree on the service address of both parties in the contract and use the address as the effective address during the performance of the contract and the service address during the settlement of contract disputes, which can effectively avoid the other party maliciously delaying the progress of litigation or arbitration. (7) Signature and Seal <br /> The effectiveness of a contract shall be from the date when both parties sign and seal the contract. In practice, disputes have arisen over “signature and seal”, “signature and seal”, or “signature or seal”. The current mainstream view is that signature and seal are equivalent to signature or seal, that is, as long as one of the two conditions is met, the contract will take effect, while “signature and seal” requires both signature and seal to take effect. To avoid the contract failing to take effect in a timely manner, it is recommended to use "the contract shall take effect from the date when both parties sign and seal it." |
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