A contract is an agreement document that gives rights and obligations to both parties. It has legal effect and must be strictly enforced once it is signed. Accepting an order or contract at the same time is the beginning of the manufacturing process of the manufacturing enterprise. It is crucial to correctly understand the customer's requirements and try to meet their needs in this process, because it involves not only the reasonable expectations of the customer, but also the Go to the whole process of design, production, installation and service of the company and related departments and positions. If the requirements of the contract are unclear or incomplete in the delivery, or the relevant departments do not understand it, it will lead to the incorrect performance of the contract, and the enterprise will suffer losses. In addition, in the economic environment of today's buyer's market, the requirements of customers are becoming more and more strict. When a contract is signed, it proves that it has the ability to perform the contract on time and in good condition. Once it fails to deliver on time and in good quality, it will lose credibility and violate the contract. The contract, which is also a serious consequence for the company. Therefore, the contract (including bids, orders) must be reviewed.
The so-called contract review refers to the system activities carried out by the enterprise before the signing of the contract, in order to ensure that the requirements are stipulated, clearly defined and documented and can be realized. In fact, whether a large company or a small company receives an order from a user, it will check it and then determine what measures must be taken to meet the order requirements. In fact, this is a simple contract review, but there is no written record and normative. How to implement a standardized contract review? Practice has proved that a contract review procedure should be established and implemented in strict accordance with the procedures to ensure good results.
The actual situation of the enterprise is different, and the contract review procedures established will also be different, but in any case, the following aspects are very necessary.
Classification of a contract
In order to clarify the level and responsibilities of contract review and simplify the procedures for contract review, the contract should be classified. The principle of classification can be classified according to the actual situation of the enterprise, especially the characteristics of the product. It can be classified according to the principle of process, material, stereotype, structure, etc., and these aspects can be combined to classify the principle, but Not too much classification. Generally divided into three categories, such as regular contracts, general contracts, special contracts. The following three types of contracts are taken as examples and are defined separately.
1 Conventional contract: The customer needs the domestically-sold contract that the company has successfully produced, shaped, standard products or products using conventional materials, structures and processes, and the delivery date can basically meet the customer's requirements.
2 General contract: The customer needs products that have special requirements, the company has not successfully produced non-typed, non-standard, new designs that use conventional materials, structures, and processes, and the technical and quality assurance capabilities can basically meet customer requirements. Domestic sales contract.
3 Special Contracts: Domestic and export contracts that use new materials, new structures, new processes, new products that need to be redesigned, and that are not fully understood by the customer with significant special requirements.
2. Scope and requirements of the contract review (1) The requirements of any form (fax, letter or other means) of the contract or order must be clearly defined and documented.
(2) Each contract or order shall be reviewed before being formally signed and meet the following requirements:
1 The requirements of the contract or order are clearly defined and documented;
2 Any request for a contract or order that is inconsistent with the bid has been resolved;
3 Ability to meet the requirements of a contract or order.
Contents of the third contract review (1) Technical assurance capability 1 Applied materials;
2 The structure and process used;
3 required processing accuracy;
4 product performance requirements;
5 compliance of processing performance of the equipment;
6 product packaging requirements;
7 functional size;
8 Other special requirements of the customer.
(2) Quality assurance capability 1 Inspection and test requirements;
2 quality acceptance method;
3 quality assurance period;
4 inspection capability;
5 quality standards;
6 special quality requirements;
7 Determination of quality responsibility and arbitration of quality disputes.
(3) Material assurance capability 1 Whether there is inventory or sufficient quantity;
2 material quality status;
3 Whether new materials have been used;
4 Whether procurement is required;
5 Whether the procurement cycle can guarantee the contract delivery time requirement.
(4) Production assurance capacity 1 The number of contract products;
2 contract delivery date;
3 equipment capacity required for contract products;
4 Supply capacity.
(5) Capital guarantee capacity and financial settlement 1 The fund guarantee status of raw materials, outsourcing parts and purchased parts required for the contract;
2 financial settlement methods;
3 Whether the customer's account name, bank account, account number, and tax ID are clear.
(6) Price 1 Whether the regular contract or order has implemented the company's price policy;
2 The price of general and special contracts is reasonable.
(7) Other 1 delivery methods;
2 payment terms;
3 Whether the transportation mode complies with the transportation regulations and the company's transportation status;
4 Insurance, transportation and other expenses;
5 Liability for breach of contract and financial compensation.
4. The method and approval of the contract review (1) According to the content of the contract review, clarify the responsibilities of each relevant department. 1 The product sales department is the centralized management department of the contract review, responsible for organizing the relevant departments to review, coordinate, revise, and transfer the contract. .
2 The technical (design) department is responsible for the review of technical assurance capabilities.
3 The quality management department is responsible for the review of quality assurance capabilities.
4 The procurement or management department of raw and auxiliary materials is responsible for the review of material assurance capabilities.
5 The production department is responsible for the review of production assurance capabilities.
6 The finance department is responsible for reviewing the financial guarantee capabilities, prices, and financial settlements in the contract.
(2) Ways and approval of the review
1 The product sales department conducts a preliminary review of the contract for the initial draft. If the requirements of the contract are unclear or do not form a document, the business personnel are instructed to further understand the customer's needs until the requirements of the contract are clear and documented.
2 The regular contract is initially reviewed by the salesperson or the personnel authorized by the product sales department. After the contract is accepted and signed, it is approved by the supervisor of the supervisor, and can also be approved by telephone, fax, record, etc. However, formal approval procedures must be followed.
3 The general contract is passed by the review department on the basis of the Contract Review Form.
(1) Specify the order of delivery and time requirements between the review departments.
(2) The personnel authorized by the appraisal department or the appraisal department will review the contents of the appraisal item by item, and have clear review opinions on the various requirements of the contract, and form a document, which will be approved by the department.
4 The special contract shall be reviewed by the supervisor of the product sales department and presided over by the meeting of the appraisal department personnel, and shall be examined and approved by the company leader or its authorized person in charge of product sales, and reported to the general manager for approval if necessary.
5 The product sales department is responsible for the review and coordination of the contract. Each review department is responsible for the relevant content of the review, clarifying the responsibility and ensuring internal and external coordination.
6 The product sales department shall, in accordance with the opinions of the reviewing departments, in accordance with the terms that are acceptable or unacceptable, negotiate with the customer in a timely manner, and make corresponding modifications to the contents of the drafting contract to ensure that a formal contract is signed after the customer has reached an agreement. Form a specific, clear and complete document, and after the approval, stamp the "reviewed" seal for identification and pass it to the relevant departments for implementation.
Revision of the five contracts
During the execution of the contract, when the customer and the enterprise propose the revision of the contract for some reason, the product sales department fills in the â€œContract Revision Application Formâ€ according to the proposed revision. After signing, it still needs to be reviewed and in accordance with the â€œcontract review methodâ€. After the relevant provisions of the â€œApproval and Approvalâ€ are implemented, after confirming by the customer or the supplier, fill out the â€œContract Amendment Noticeâ€ and notify the relevant departments to implement it in a timely manner.
Record and preservation of the six contract review
The records of the contract review include the telephone records, fax copies, letters and other records related to the contract (such as the contract review form, the contract amendment application form, the contract modification notice, the relevant annex of the contract, etc.), all sold by the product. The department shall keep it for future reference, and the retention period may be determined according to the specific circumstances of the enterprise.
After establishing a scientific and feasible contract review procedure and strictly following its operation, it is believed that it will be obvious in terms of contract execution rate, quality assurance, reducing unnecessary communication, shortening delivery time, reducing enterprise risk, and standardizing contract management. Effective.
GB/T19001-2000 idt IS09001: 2000 "Quality Management System Requirements".
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