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在企业的活动中,销售合同的作用是举足轻重的,它是保障供需双方权益的法律依据,其技术条款构成了产品设计、生产、检验、交付的基础。能否顺利履行合同,使用户满意,同时使供方获取效益,取决于合同条款的合理性和供需双方履行合同的能力。因此在合同签订之前需对草案进行评审,使条款更为合理,明确用户要求,评价双方的履约能力,制定初步质量计划。在科研单位,经常遇到技术要求复杂,使用条件苛刻,而批量很小,甚至是单件产品的合同。在实际工作中,拖延工期,难以满足技术要求,请求让步接收的事件时有发生,合同评审不全面,不深刻是重要原因之一。本文拟就科研单位合同评审的重点和常见问题谈点粗浅看法。
In the business activities, the role of the sales contract plays a decisive role. It is the legal basis for the protection of the rights and interests of both parties. The technical terms form the basis of product design, production, inspection and delivery. The successful implementation of the contract, customer satisfaction, and to make the supplier to obtain benefits depends on the reasonableness of the terms of the contract and the ability of both supply and demand to fulfill the contract. Therefore, before the signing of the contract, the draft should be reviewed to make the clause more reasonable, define the requirements of the users, evaluate the performance abilities of both parties and formulate preliminary quality plans. In scientific research units, they often encounter complex technical requirements, harsh conditions of use, and small quantities, or even a single product contract. In actual work, it is difficult to meet the technical requirements due to delays in the construction period. Occurrences of requests for concessions have occurred from time to time. The evaluation of the contracts is not comprehensive or profound, which is one of the important reasons. This article intends to focus on scientific research units contract review and common questions to talk about the superficial view.