Drafting standard contracts is necessary to ensure the activities of an enterprise working with numerous clients. Their development has a number of nuances, which are described below.
Definition and application
Drafting standard contracts is used in an area where the flow of customers is so wide that services or goods are provided on the basis of standard conditions. Customers either agree with them or not. The use of model agreements eliminates the burden of lawyers in organizations.
In addition, the bulk of citizens and entrepreneurs are ready to sign the proposed agreement without unnecessary approval. If we are not talking about an exclusive or expensive acquisition, then the parties spend a lot of time on negotiations and the terms of the agreement. For example, the process of buying or renting an entire enterprise obliges them to solve many technical issues - the compilation of an inventory of all property, obligations and their transfer to a second party.
Drawing up procedure
Using a contract published on the Internet is dangerous: you can use it only by carefully working out it. To do this, you must:
- determine the conditions for the provision of goods and services;
- clarify the rules of law and practice of their application;
- eliminate inaccuracies and discrepancies, primarily because of the risk of a dispute with the tax service.
Proposed for the signing of the contract must have essential conditions - those without which the contract is not considered concluded. Examples are conditions on the subject, price, terms, etc. The set of essential conditions is determined either by law or by the parties.
A correct understanding of the norms of the law without exaggeration is a whole science, and ignoring the nuances of its application leads to a mass of negative consequences, in particular, to loss of profit.
Having made changes to one clause, they may forget to make appropriate adjustments to another provision related to it, because of which contradictions arise and the meaning of the contract is lost. Drawing up model contracts that are carefully designed is salvation.
If the contract is approved by law?
Drafting model contracts is often the prerogative of the authorities. For example, the government approves model or model contracts that enterprises, organizations, and citizens must follow. So, in the electric power industry, all contracts are drawn up on the basis of already developed designs. The provision of communal services to citizens is regulated in a similar way.
The presence of such an agreement obliges all market participants to follow it without exception, its ignoring entails serious sanctions by the state.
It is possible that monopolist companies or entrepreneurs make adjustments in their favor. Counterparties have the right to send a protocol of disagreements and complain to supervisory authorities.
Where to look for a sample model contract? If the provision of services or activities is regulated by law, model contracts are often annexes to such documents. Less commonly, they are approved as a separate document.
Filling in the form
A standard contract is a document in which places are reserved for partners to fill out. The text may offer options for conditions that the parties are entitled to choose. Because of this, one cannot think that it is only necessary to print a document, fill it in and sign it.In fact, a lawyer has to do some work.
He needs to take into account the specifics of relations between enterprises. A striking example is the agreement between participants in the wholesale market, but I must say that it is far from the only one.
Rent
The law provides for general rules and governing certain varieties: rental, rental of real estate, rental of vehicles - freight. Due to the availability of varieties, typical leases vary widely.
The essential conditions of an ordinary contract are the subject and amount of payment for the use of property. Rental is regulated by additional rules, for example, the temporary owner is required to undergo training or to receive additional information. Property rental has its own characteristics. In terms of transfer and its use, such a contract is similar to the norms of the sale and purchase road.
If state or municipal real estate is transferred for temporary use, the preparation of the agreement is based on standard lease agreements. Each region has its own rules for renting property belonging to regions or municipalities. Nevertheless, they are based on uniform methods and there are few differences in them.
Sales Agreement
In total, the Civil Code provides for seven types of sale and purchase agreements. Of these, typical ones are a sale contract in the field of energy and in the field of acquisition or supply of goods for municipal and state needs.
The essential conditions are (if we take the general provisions) the price and subject of the contract. If we are talking about deliveries, then the delivery dates of goods are also included here. The terms of the deadlines become integral. The specifics of deliveries is that their parties are exclusively those persons who are engaged in entrepreneurship.
Both the supplier and the customer, since deliveries cannot be used for personal or family consumption. Although, of course, it may result in consumer citizens. If we are talking about specific products, conditions on their properties or other parameters that are relevant for the second side are included.
For example, the quality of drugs or the volume of raw materials or materials (supplies are measured in tons or other units, depending on the needs of the other party). In the energy sector, essential conditions are the subject and mode of supply (voltage in the network and allowable interruptions due to repair or accident).
The price for a significant part of consumers is regulated by authorities. Given the above, standard sales contracts have serious differences, even if you take one of their varieties - an agreement on the supply of goods.
Service sector
Service is a very ambiguous concept. This includes the provision of advisory and technical services. In the first case, for example, legal assistance is provided, and in the second, the support of the equipment is in good condition.
Some activities that are externally suitable for services are excluded from their list by a special reservation in the Civil Code. A common feature of services is that their result has no material expression.
Performers can be both entrepreneurs and persons with special status - lawyers, notaries. A model agreement approved by the authorities in this area is more difficult to find than in others.
A standard service contract is either one-off or is calculated for a long time. For example, a specialist will install the software without conditions for its future maintenance. For a long time, agreements are concluded with law firms that provide services as needed.
Transportation
All types of transportation (by road, water, air and rail) in the Russian Federation, except for the Civil Code, are regulated by special laws. They set out the requirements for the content of the contracts. There are also model agreements that are approved by the authorities.In this case, the Ministry of Transport acts here as such, whose competence includes supervision of the transport system.
Therefore, when drawing up a standard contract of carriage, it is necessary to indicate on which type of transport the cargo will be transported. By the way, transportation by river and sea transport are different things in terms of regulation, which should not be forgotten.