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In business activities in general and goods trading activities in particular, price is always a top priority. However, there are a lot of disputes related to price. To better understand how to determine prices in commodity trading activities, let's learn about this content with LS Law Firm through the article below!
Price is the monetary expression of the value of a good, that is, the amount of money to be paid for that good. Price is one of the basic contents that the parties are interested in and prioritize when entering into contracts for the sale and purchase of goods. In most cases, the parties will agree and specify the price of the goods to be purchased and sold in the contract from the beginning. However, there are also some cases where the parties do not have an agreement on the price or method of determining the price. From the above situation, the Commercial Law 2005 ("CL 2005") has provided as follows:
“Article 52. Determination of prices
Where there is neither agreement on goods price or the price-determining method nor other price indexes, the goods price shall be determined according to the price of such type of goods under similar conditions on the mode of goods delivery, time of goods purchase and sale, geographical market, payment mode and other conditions which affect the prices.”
In addition to the characteristics that support the price determination in Article 52 of CL 2005 stated, the price is also determined based on weight as follows:
“Article 53. Pricing by weight
Unless otherwise agreed, if the goods price is determined according to the weight of the goods, such weight must be net weight.”
Accordingly, the net weight is the mass of an object but does not count the enclosed packaging. For example, A and B entered into a contract to sell and purchase goods, specifically A ordered construction ceramic tiles from B. Then, if A and B do not have an agreement on the price or do not agree on the method of determining the price, the price of these construction bricks, in addition to being determined according to the criteria in Article 52 CL 2005, can also be calculated. equal to the total volume of the entire order minus the volume of packaging, and packing boxes for external transportation.
In summary, the method of determining the price in the contract of sale and purchase of goods is one of the ways to help the process of exchanging and buying, and selling goods take place easily, limiting risks and avoiding wasting the time of the parties.
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Above is the basic content of the Determination of prices in contracts for the sale and purchase of goods based on the provisions of law at the time of implementation of the article. If you need advice on the above issue or are interested in other legal services, please contact LS Law Firm via Email: lslawfirm2014@gmail.com for timely assistance.
Note: The above article is for reference only, any copying and use of the article as personal evidence in any case or incident is considered not allowed./.
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