13. 200 million liquidated damages
Lin Zhendong was surprised.
Pressing the payment is the basic operation of the supermarket, generally with a conscience for a month, without a conscience, it is very common to press for two or three months, and even more, until the supermarket closes down, the boss runs away, and will not settle the payment.
And there are some supermarkets, not to mention the pressure payment, as well as the entry fee, no matter how awesome the supplier, the goods enter the supermarket for sale, you have to pay the supermarket, the French Carrefour entered the domestic market in the nineties, and this is what it does, everyone has to bow their heads, and no one can be an exception.
On the one hand, this is a means for the supermarket to bind the supplier to avoid problems in the supplier's supply process, which will affect the sales of supermarket goods.
On the other hand, the payment is a huge amount of money, and it will be settled in one or two months, and I don't know how much I can do during this period.
So, for the first time, Tesco made concessions in this regard, and he felt incredible, saying that before, but he didn't believe that Tesco would choose to settle now.
Not only that, listening to what Director Lan meant, she seems to be in Linxian County now, and she will sign the contract immediately, which sounds very eager.
"Director Lan, where are you now?"
"I just got off the highway, where are you, I'll come to you. ”
Lin Zhendong said in his heart, groaned, and spoke: "Director Lan, I am in Longhua Yayuan, Building 7 2602. ”
The place of meeting was not a public place, but a private address, after Lan Lan heard it, he was silent for a while, and then said: "Okay, I'll come over immediately, I'll be there in ten minutes, you wait for me." ”
"Good. Lin Zhendong hung up the phone, looked at the phone, and was silent.
It was too hasty, Tesco actually wanted to sign a contract with him, and he was not prepared at all.
"Forget it, the soldiers will cover the water and cover the earth, let's talk about it when we meet. He shook his head and got up to get dressed.
He changed his T-shirt, jeans, and slippers into more formal clothes, wearing a light blue shirt on the top, light gray slim-fit slacks on the bottom, and brown sandals on his feet, and then walked out of the bedroom.
Regardless of whether the next negotiation is tense or calm, he must pay attention to it, dress formally, respect himself and others, which is very necessary.
"What, you want to go out?" Lin Qian couldn't help but light up when she saw him come out in this dress.
"Don't go out, there's a guest coming, wait to talk about something more important, it may be inconvenient for you to be there, or you go outside to play, or you stay in the bedroom, don't come out." ”
"Male or female?" Lin Qian was curious.
"Female. ”
"Are you young and pretty?"
"Young is not pretty. Lin Zhendong shook his head and glared at her: "Why are you so gossipy? Can't get out? If you don't go out, stay in the bedroom, don't move, be quiet." ”
"Okay, okay, I'll stay good and don't bother you, okay?"
As he was talking, there was a knock on the door, the two looked at each other, Lin Qian immediately stepped on her slippers and went back to the room with a Coke, and Lin Zhendong walked over to open the door.
"Lin Zhendong, long time no see!" Lan Lan smiled.
"Yes, long time no see, Director Lan, please come in!" Lin Zhendong smiled, got out of the way, and invited her in.
"Excuse me. ”
When he got to the sofa in the living room and sat down, Lin Zhendong took two cups and poured two cups of boiled water, before sitting opposite Lan Lan, looking at her and saying with a smile: "Director Lan, I really didn't expect that your company would be able to compromise in this regard." ”
Lan Lan pursed his lips and smiled, and said: "Mr. Lin, you are wrong, our company is making concessions to you in this regard, other suppliers, but there is no such treatment, it can be said that you are the only one, nationwide, it should also be the only one, our company has different opinions, but in the end we still made a huge concession, I hope you will not let me down." ”
This is a nice thing to say, but it means secretly, the pressure on the payment has given in, and other places must be made up, don't know what to do.
They estimated that the lion would open his mouth, Lin Zhendong thought and asked directly: "Tell me about the terms of cooperation." ”
"This is a contract drawn up in advance, you can look at it first, if you have a different opinion, you can put it forward, and we will discuss it. Lan Lan opened the briefcase, took out a document from it, and handed it to him.
Lin Zhendong took it, and then carefully examined them one by one.
The transaction must be once a day, the specified time is 10 o'clock in the evening, the price of vegetables is based on the wholesale price of vegetables in Chang'an City, up 20%, the payment is cash, popular point, one hand to pay the money and one hand to take the goods, transportation, by Tesco supermarket is responsible, they directly send a car to Lin County to pull, or other places can also, he can be designated at will, but must be in Xiancheng City.
In addition, the amount of vegetables in each transaction should not be less than 100 tons, and the quality of vegetables should be high, and they must be green and pollution-free vegetables, and there should be no pesticides and fertilizer residues.
Also, the vegetables in his hand can only be sold to Tesco supermarkets for a three-year contract, and Tesco has the right of first refusal to renew the contract after expiration.
Finally, no matter which party tears up the agreement, the two parties need to pay 30 million liquidated damages to the other party.
Seeing this, Lin Zhendong directly closed the document, pushed it over, leaned back, looked at Lan Lan seriously, and shook his head: "I'm sorry, the conditions are too harsh, I can't sign this contract." ”
The contract was issued by Tesco, and the terms of the project, of course, were to ensure that their interests would not be damaged, and even to grab more additional benefits, in turn, he would suffer, from this point of view, this contract, there are too many problems in it, all the terms are restricting him, and he is responsible for the problems at every turn, which can be described as the overlord clause.
"If there is a problem, Mr. Lin, you can point it out. ”
"There are too many, all problems. ”
"It's the same, anyway, there's a lot of time, you speak slowly, I remember. Lan Lan smiled.
"Well, I'll get straight to the point. Lin Zhendong took a sip of water, his face was solemn, and he said: "First of all, the trading time, ten o'clock every night, it's not appropriate, I want to rest at this time, and I want to revise." ”
"The second is the number of transactions, 100 tons per day, that is, 100,000 kilograms, 200,000 catties, even if I am dismantled, I can't take out so much, the quantity has to be adjusted. ”
"There are also exclusive acquisition agreements and the right of first refusal, which is too overbearing to be abolished, and 30 million liquidated damages, which is too large and 1 million is appropriate. ”
He asked a lot of questions, and of course Lan Lan wouldn't agree to them all in one go.
So the bargaining began.
In the end, after a fierce war of words, we finally reached an agreement on some project terms.
For example, the trading hours are set at 6:30 p.m. every day.
This point is just between commuting and commuting, Lin Zhendong can accept it, after the transaction is the rest time, and he will not delay his meal, the same trading time is alternate in the afternoon and evening, for vegetables, picking when the sun is fierce, vegetables are easy to lack water and wilt, it is best to be in the absence of sun, so as to keep fresh.
If it weren't for Lin Zhendong saying that he could guarantee that the vegetables were fresh, Lan Lan wouldn't have agreed.
For another example, the trading volume is set at 35 tons.
This is one-third of the hundred tons that Lan Lan originally said, and she has not been disappointed when she has conceded to this extent, and of course there is no joy in it.
As for Lin Zhendong, he was very reluctant.
He really wanted to seize this opportunity to cooperate with the supermarket, but this quantity and variety were far beyond his ability, to be honest, he wanted to give up, but he was a little unwilling, what a good opportunity to make money, just let it slip away in vain.
There are also liquidated damages, Lan Lan conceded to the figure of 21.6 million, and then did not give in no matter what.
For this figure, her explanation is that 35 tons of vegetables a day, about 2 million transactions a month, 24 million a year, 72 million transactions in three years, according to 30% of the actual loss, as a statutory liquidated damages, is 21.6 million, which is in line with the civil law and contract law.
Finally, regarding the exclusivity clause and the right of first refusal, she would not budge in any way, because this is the core clause of the contract, where the company's core interests lie.
Lin Zhendong will definitely not agree to this last point, otherwise he will sign a deed of sale.
As a result, the negotiations reached a stalemate.
Lan Lan persuaded for a while, and seeing that he was indifferent, his eyes flashed, and he said: "In this way, the core terms cannot be compromised, and other local companies will compensate them, and the price of vegetables will be increased by 30% according to the benchmark." ”
"Director Lan, this is not a matter of the price of vegetables, it is that your company is too domineering, exclusive cooperation, priority renewal rights, and 20 million liquidated damages, which I can't promise. ”
"Up 40 percent. ”
Lin Zhendong was helpless, shook his head and said, "Director Lan, I have made it very clear just now, this is not something that can be solved by how much it rises. ”
“50%。 Lan Lan was unmoved, and said another number.
"I still can't agree if we don't abolish the exclusivity clause and don't revise the liquidated damages figure. ”
“60%。 ”
"I'm sorry, I can't say yes. ”
“70%。 ”
"Signing this agreement means that I am selling myself to Tesco, so I still refuse. ”
“80%。 ”
"I will not agree to the exclusivity clause without abolishing it. ”
"Up to 90 percent. ”
"Director Lan, although I would love to cooperate with you, it's not a matter of money or not......
“100%。 ”
"Uh...... It's a pleasure to work with, but I have two more conditions. ”
Seeing that he finally changed his words, Lan Lan couldn't help but show a smile on his face, this person can't escape the law of true fragrance, the front foot still said that he was not cooperative, and the back foot was smashed by the money.
"You say!" she looked at him with interest.
"First, I sell vegetables to your company, you can only sell them in Tesco supermarket, and you can't resell them to others or other companies, if I find my vegetables elsewhere, it will be regarded as your company is in breach of contract, and you need to pay me liquidated damages. ”
Before he could finish speaking, he was interrupted by Lan Lan.
"Mr. Lin, you are joking, when we buy the vegetables back, we must sell them ourselves, and we will not divert them for other purposes, so I agree to this, what about the second condition?"
"The second condition, I still think that the liquidated damages need to be revised, the Civil Law and the Contract Law stipulate that, generally speaking, the upper limit of the contract liquidated damages is not more than 30% of the actual loss, but if the amount and proportion of the liquidated damages are specifically agreed, the latter can be executed, and the liquidated damages are punitive and not subject to the loss suffered by the non-breaching party. ”
"So I think it's appropriate to set the liquidated damages at 200 million. ”
……