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作为设备供应的相关企业,不论是供应方,还是采购方,各种设备供应、采购合同签订的非常多,如果审查不细致,把关要点不清晰,将给企业造成严重的经济损失。作为一名从事多年法律工作的律师,笔者曾亲眼见到过很多企业,在设备供应、采购合同中,因把关不严,审查不细,导致很多诉讼,甚至败诉的结果,甚至亲眼所见,在法庭上,咬牙切齿,怨天尤人,各种状态难以表述。其实,再开始时,做好防范,就能很好的避免这些情况的发生。本文就是侧重于实务角度,特别是容易发生歧义的环节,浅析作为设备供应、采购企业,如何审查合同,重点防范哪些环节,具体有哪些法律规定方面,如何应对和防范。
As a supplier of equipment related businesses, whether suppliers or purchasers, all kinds of equipment supply, procurement contracts signed very much, if the review is not detailed, the check point is not clear, will cause serious economic losses to the enterprise. As a lawyer engaged in many years of legal work, I have personally witnessed many enterprises. In the supply of equipment and procurement contracts, due to lack of strictness and censorship, many lawsuits and even unsuccessful legal proceedings have led to even witnesses to my own eyes. In court, gritting, blaming others, difficult to state various conditions. In fact, when we start again, we should guard against these situations well. This article is focused on the practical point of view, especially prone to ambiguity links, as a supply of equipment, purchasing enterprises, how to review the contract, focusing on prevention of what links, specifically what are the legal requirements, how to deal with and prevent.