1000 Business Lessons Every Businessman Must Know

Chapter 111 Signing skills: the nirvana for successful contract signing

Chapter 111 Signing skills: the nirvana for successful contract signing
910. Accurately grasp the best time to sign a contract

A businessman talking about business is like the finishing touch and grasping the timing of lifting the rod when talking about business. When talking about business, one must grasp the timing of signing the contract. If the timing is missed, the business is likely to fail.

How to grasp the timing of signing a deal varies from industry to industry, but there are generally the following key points:

1. When asking frequently

When customers frequently ask about product performance, usage, etc., it is a sign of being motivated to buy.

2. Please sit down and talk

If a customer invites you from the foyer into the living room, it may be a sign of strong interest in the product.

3. When talking about price

When a couple has been dating for a period of time and feels admiration and like-mindedness, they will talk about marriage, which is the prelude to marriage.Similarly, if the customer talks about the price, payment method, etc., it proves that he has already considered the purchase problem realistically, which can be regarded as the prelude to the transaction.

4. When the customer's expression and attitude begin to change

For example, the customer suddenly fell into deep thought, suddenly looked cheerful, bowed down to look down at the product introduction and description, and counted on his fingers while looking at it, muttering words... These all show that the other party has considered the purchase issue seriously, carefully and comprehensively.

5. When asked about after-sales service

This is the time to try to sign a contract.

911. Cleverly Using Psychological Suggestion to Sign the Contract
After the negotiation has entered the final stage, you can take advantage of the situation and turn the conversation to the issue of the deal and signing.

This is the time to use the technique of making the other person feel 'I've bought it'. For example: "I think you're all right now, right?OK, this is the purchase contract, please sign and stamp it here. ’ And if the other party says, ‘No, wait a minute. " Then you should say: "Oh, is there something unclear about my explanation? "In short, we must always induce customers to decide to buy. No matter how the other party responds, we must be prepared to deal with the words properly, and the words must be decent and clever. If you say "Don't you buy it?" ” and so on, that would be stupid.

It can be said that the key to facilitate business lies in the customer's decision-making, no matter how smart you are, you can't sign on your behalf, so the most important thing is that you assist the customer to make a decision.Once there is an opportunity to make a deal, take the opportunity to make preparations for signing, such as filling in the customer's name, products of interest, and so on.In this way, the customer will feel that the salesman and himself are doing something beneficial to them in a tense atmosphere.

In addition, you have to take advantage of everyone's self-satisfied mentality of taking advantage of it, and "appropriate discounts" at critical moments. This is another clever way for you to facilitate transactions.At first, it is appropriate to allow leeway, that is, room for compromise, and then, when it comes to signing, it will be handy.

912. Use solemn promises
After a long and arduous negotiation, the two sides were finally able to shake hands and celebrate, but by no means it was done.Because after the negotiation is over, the implementation of the agreement is the beginning of the real contest between the two sides.In order to win the first place in this real contest, the most important job at this time is to solemnly fulfill the promise to the opponent and express it in the agreement.This commitment is not only a proof of one's own credibility, but also a constraint on the opponent.

In general, the following issues should be paid attention to in the commitment:

1. Binding force of the agreement
The agreement itself is the consensus reached on the content of the negotiation, and it is a determination of the mutual rights and obligations of the negotiating parties.Once an agreement is made, it will have a binding force on both parties, but the agreement itself cannot guarantee that the actual benefits obtained by the negotiators will be kept and fulfilled.If one of the parties has a problem with the agreement, disputes will ensue, and sometimes it may even lead to legal proceedings.In order to avoid this situation, all parties to the contract must strictly perform and avoid litigation as much as possible.

2. Formulation of applicable laws
The content of agreements reached in some foreign-related negotiations generally involves the domestic laws of different countries, international practices, conventions or treaties between countries.These laws, customs, and treaties have different provisions on the format, content, rights and obligations of the parties, and international payment of the agreement.Therefore, it should be clear in the negotiated agreement which country's law applies.Under normal circumstances, the negotiating parties should consult with each other on the basis of the principle of equality, and choose the national law directly related to the contract as the applicable standard basis according to the actual content of the contract.

3. Standardize the text of the agreement document

According to international practice, the language used in the agreement is the legal language of the country of the negotiating parties, usually it should be multiple languages ​​of the country where the negotiating parties are located, and has considerable effect.In fact, in many current negotiations, there are more or less such problems, that is, although many foreign-related contracts indicate the use of words, they are only the words of one party, which not only involves the location of the signing party. The dignity of the country, and it is difficult to prevent the discrepancy of foreign language interpretation.Therefore, in the negotiation commitment, it should be stipulated that it is appropriate to use two or more language versions with the same effect.

913. The proposition should be concise and clear
Writing skills are an important condition for contract writing.The writing skill of the contract is mainly manifested in two aspects of "proposition" and "terms".The former is a subtitle prompted according to the purpose of the requirement; the latter is a description used to express the content under the subtitle in the structure.

Propositions have great flexibility, but there are certain constraints.

Some contract clauses have the possibility of multiple propositions. For example, the "acceptance clause" may involve "static acceptance", "dynamic acceptance", or "unpacking acceptance" and "appearance acceptance".When dealing with other issues in the contract, such as signature, review, modification, effective date, and valid number of copies, there are many ways to set the topic, which can be taken as "other clauses", "final clauses" and "additional clauses", and some List the above questions separately, such as "contract text", "valid date" and "valid number of copies".Of course, the best way is to make the propositions consistent with the propositions of the previous clauses. If the previous propositions are generalized, then the following propositions can also be generalized;

914. Avoiding ambiguous contract terms
The language used to write a contract is an important part of its success.

Another problem that needs to be paid attention to in contract writing is that the content of the contract must be accurate and clear, and ambiguous words should be avoided as much as possible.

In many business contracts, there are often instances where the meaning of the description is vague due to inaccurate terms, causing misunderstandings by the other party.For example, the meaning of the sentence "the purchase price of the contract can be adjusted according to changes in domestic and international market prices" is very unclear. It does not take into account factors such as the mutual restriction relationship between domestic and international prices and the magnitude of changes.As another example, "Party B shall bear the expenses of staying on site." The "stay" referred to in this provision is business travel, involving transportation, board and lodging expenses, and the scope of the burden is not clear.

Therefore, to avoid conceptual ambiguity, two preventive measures are generally adopted: clarifying the causal relationship and clarifying the order of priority.For example, the above-mentioned "contract purchase price can be adjusted according to changes in domestic and international market prices" can be more clearly expressed as "the contract purchase price can be adjusted according to domestic and international market price changes. When the international market price remains unchanged, the contract purchase price shall not be adjusted.”

915. Clarify the contracting qualifications of both parties to the contract
A contract is a legal document with legal force.Therefore, both parties required to sign the contract must be qualified to sign the contract.Otherwise, even if the contract is signed, it is an invalid contract.Therefore, the credit status of the other party should be investigated when signing the contract.First of all, through relevant agencies and banks and other units to understand, to determine the subject qualifications of the other party.Secondly, the other party should be required to produce relevant legal documents to prove their legal qualifications, such as licenses.Generally speaking, for important negotiations, the signatory should be the chairman or general manager.Sometimes, although it is a specific business negotiation, the person signing the contract is not the above-mentioned personnel, but the qualifications of the person signing the contract must also be checked.If you know the formal written authorization certificate issued by the legal person submitted by the other party, the common ones are power of attorney, power of attorney, etc.Understand the legal identity and scope of authority of the other party to ensure the legality and validity of the contract.

Reviewing the signing qualifications of the other party must be serious and serious, and must not be done hastily.When negotiating with foreign businessmen, due to blind trust in the other party and hasty signing of contracts, the phenomenon of being deceived frequently occurs.In order to import and export in a hurry, some units signed huge contracts based on the introduction of acquaintances without any credit investigation, which resulted in heavy losses to the enterprise and the country.Therefore, it is very important to conduct a credit investigation to understand the other party's corporate reputation and its ability to act and be responsible.In addition, don't trust the other party's business card. The business card cannot replace the certificate. Some people's business card has a big title, but it is actually empty.Also, when dealing with foreign companies, don't just look at the reputation and assets of the parent company. In fact, the parent company is not jointly and severally liable for its subsidiaries.

916. Plugging the loopholes in the contract
Even the most well-thought-out contract can have loopholes.For example, some parts of it appear vague due to improper narrative.This kind of loophole often occurs because the negotiator leaves certain procedures or tasks to others after the negotiation.This kind of loophole is likely to lead to serious consequences. If the other party seizes this opportunity and wants to take advantage of you, then you will suffer losses.Those who are unwilling to fulfill the contract often use omitted or ambiguous words to force the other party to interpret according to their own meaning; usually they will use the following three steps to proceed.

(1) Both parties conduct further research to remedy the loophole in the contract;
(2) One of the parties writes another memorandum to the other party, guaranteeing that certain actions will be taken to remedy the situation in the future;

(3) If the two parties have not responded within a certain period of time, they must take unilateral action.

For example, a paper mill sold paper on the condition that the money should be paid in full within 30 days, but the buyer wrote a letter to the paper mill stating that their company's cash payment policy has always been to pay in full within 10 days, but there must be 2% discount (that is to say, only pay 98% of the payment).If there is no reply within a certain period of time, the matter will be dealt with in this way, and most things will be settled in this way.

(End of this chapter)

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