I. Warehouse management and risk control

Warehousing is divided into internal warehousing and external warehousing. In order to better manage supply chain costs, enterprises have increasingly chosen more specialized external warehousing. While obtaining scientific, efficient and convenient warehousing services, enterprises should also pay attention to the legal risks:

1. The warehouse refuses to deliver the goods

The warehouse party's refusal to deliver the warehouse goods on time as agreed in the storage contract may cause the loss of the value of the warehouse goods, and may even cause the supply of the depositor's production chain to break, which may cause the overall operation of the enterprise to stall. In this regard, it should be reminded that it is necessary to strengthen the review of the storage contract agreement, as far as possible to clearly agree on the liability for breach of contract if you refuse to deliver the storage goods on time, and quantify and specify the scope and standard of compensation for losses, such as the agreement that the loss includes compensation for third parties caused by late delivery. In addition, it is suggested to restrict the rights and conditions of the storage party to apply "lien", so as to avoid the malicious use of "lien" rights by the storage party to force enterprises to sign a new "alliance under the city".

2. The warehouse party releases the goods illegally

If the warehouse party refuses to release the goods in accordance with the delivery procedures agreed in the storage contract, the goods will be handed over to others, which will cause losses to the depositor. Or the warehouse is not timely release of goods, will affect the production and management progress of the depositor, and then will inevitably bring economic losses to the depositor. In this regard, in addition to the use of contractual constraints, it is also necessary to strengthen the daily tracking and contact measures of the enterprise's docking departments in order to grasp information in a timely manner, obtain evidence in a timely manner, and reduce losses in a timely manner.

3. Storage goods are damaged and lost

The warehouse fails to store the goods in accordance with the agreed storage conditions and requirements, or fails to store dangerous goods and perishables in accordance with the provisions, or fails to fulfill the obligation of proper storage, resulting in the loss or loss of the goods. According to Article 912 of the Civil Code of Contracts, the depositary has the obligation to notify the depositor in time when it finds the warehouse goods deteriorating or damaged. According to Article 917 of the Civil Code of Contracts, if the warehouse goods are damaged or lost due to improper storage by the depositary during the storage period, the depositary shall be liable for damages. A reminder in this regard is: While strengthening the review and improvement of the contract, it is necessary to pay timely attention from the business (such as establishing the inspection system of external storage products, the internal personnel responsibility system and implementation, etc.), timely find problems and solve problems with the other party, and never put the hope completely on the contract protection. This is based on a very simple principle - even if the damaged party can be held accountable to the other party, subsequent losses (such as special items or items that are crucial to subsequent production and operation are damaged because the other party is not properly kept) are often difficult to be fully compensated, and even the right to be compensated is completely lost due to the lack of compensation ability of the other party. Early detection of the other party's storage and warehousing defects will put the storage party in an advantageous position!

Ii. Logistics management and risk control

From simple product distribution, to integrated logistics, and then to supply chain management, logistics almost runs through the entire operation process of enterprises. It is precisely because of this that logistics management occupies an important position in enterprise operation, and enterprises should pay more attention to the legal risks:

1. Illegal operations

Due to the illegal operation of the logistics party, the goods are damaged or lost, which brings economic losses to the enterprise. Specific examples: fresh goods in the distribution process, business personnel did not pay attention to control the temperature of the refrigerator or refrigerator truck, affecting product quality; In the process of transportation, the driver of the logistics party will lose the goods or run away; The goods are not handled lightly in the loading and unloading process, resulting in the loss of goods.

2. Late delivery

The logistics party delays delivery, fails to deliver the goods to the contracted place within the agreed time, or sends the goods to the wrong destination, which is difficult to meet the requirements of customers, causing customer dissatisfaction, and even leading to returns or a reduction in sales orders, causing losses to the enterprise.

3. Delegate without authorization

In practice, logistics companies often entrust all or part of their logistics business to third-party logistics subcontractors in the form of contracts based on the considerations of transport capacity, profit and other factors, which will increase the instability of logistics business in the process of operation. When the customer has a loss, whether it is the fault of the logistics company or the subcontractor, the logistics company should first assume responsibility for the entrusted enterprise. When the entrusting enterprise negotiates the entrusting contract, it may restrict the logistics enterprise to delegate the entrusted matters according to the actual situation.

4. You have an accident

Various accidents may occur in the process of logistics, which may cause legal risks of logistics services. For example, traffic accidents, ship collisions, and shipwrecks may occur during transportation, which may cause damage and loss of goods. Or in the process of cargo loading and unloading accidents, resulting in casualties, and then cause legal risks. In the logistics process, enterprises should pay attention to the reasonable allocation of risks through the purchase of insurance and other ways.

5. Transportation of hazardous chemicals

Hazardous chemicals in transportation, loading, unloading, storage and other logistics links may stimulate dangerous properties due to shock, friction, leakage, Mars contact and other factors, causing serious threats to the life and property of transportation personnel, warehousing personnel, management personnel and even ordinary residents. Therefore, enterprises should pay special attention to risk prevention in the logistics process of dangerous chemicals, and comply with relevant national safety management regulations and regulations for the packaging of dangerous chemicals, the environment for storing dangerous chemicals, the selection of transport vehicles and drivers, etc., not only to improve the written rules and regulations of enterprises, but also to frequently warn and educate employees. Otherwise, businesses and entrepreneurs may face more than simple civil liability.

6. Receipt is not standard

In the modern logistics process, many ordinary employees of enterprises (even third parties) sign on behalf of the company, limited to the frequent status quo of logistics exchanges, such signing is often more casual, so that the signing party is not clear (no official seal, handwriting, illegible, etc.) caused a lot of disputes. What is reminded here is that: if the logistics enterprise, in order to avoid the responsibility for the loss of goods (delivery but cannot be proved) on itself, it needs to sort out the internal signing process, requiring the signing party to sign formally or clearly, if possible, it can also take photos (video) when signing; If the entrusted enterprise, it is best to clearly stipulate in the contract that if the non-agreed signatory receives, it will not be recognized, and the logistics will be delivered but the risk of loss will be reduced. At the same time, if the long-term logistics entrusted cooperation relationship, it is recommended to shorten the reconciliation cycle, timely mutual confirmation of logistics performance, early detection of problems can be solved early, to avoid the passage of time caused by the lack of evidence, responsibility difficult to clarify, loss difficult to recover the situation.