Which of the parties to draw up the draft agreement, as a rule, is decided by agreement. The basic rule in force in such a situation is that the project will be drawn up by the party that is more interested in this, or the one that may suffer losses if the contract is drawn up incorrectly. In any case, there are certain rules that the Civil Code sets out to documents of a contractual nature.
Instructions
Step 1
When drawing up a draft agreement, you should know that the agreement is divided into two main parts: introductory and conditional. Terms can be categorized as essential, common, and non-essential. Write down the essential conditions - the price of the product, its quality, quantity, delivery time, for example.
Step 2
Ordinary and non-essential conditions do not matter. The usual ones are spelled out in the Civil Code and without their observance, the document simply has no legal force, and insignificant ones are important only if, for example, the weight of the container in which you release the goods is fundamentally important for the client: he will not acquire more or less, etc.
Step 3
Indicate in the contract the date and place of its preparation, the parties to the contractual relationship, the subject, conditions and terms of the contract, as well as the consequences of non-compliance with the obligations of the parties.
Step 4
Be sure to write down in what order the parties will resolve disputes on the subject of the contract. It can be negotiation or litigation.
Step 5
Provide a place in the project for the full details of all parties, as well as for the signatures of the leaders and the seals of the organizations.
Step 6
Draw up the actual draft of the agreement, print it in a quantity equal to the number of parties involved. Then you will need to organize business negotiations, where the provisions of the documents you will discuss with partners.
Step 7
Based on the results, write a protocol of disagreements. Remember that the draft is a draft, and amendments to it are natural. Usually more clauses are included in the draft agreement than in the main document. This is due to the fact that the parties should be able to choose the way of interaction.
Step 8
Draw up an agreement taking into account the protocol, make the required amendments. If possible, ask for the determination of the procedure for filing a claim in case of default on obligations under the contract.
Step 9
If you reach full agreement on all the preliminary conditions of the contract, only then can it be said that you have drawn up the contract correctly.
