解决制造业务合同纠纷的原则

Iswantoro, I. M. Kanthika, Markoni, Zulfikar Judge
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引用次数: 0

摘要

制造业务合同是采购货物和服务时特有的协议。这些商业合同的执行经常会遇到障碍,因为在解释合同条款时会出现错误,从而导致和解。 在发生纠纷后,双方可以做出哪些努力来解决货物采购中出现的干扰?如果在交付符合合同规定的货物时出现差异,但却被声称不符合商业合同中规定的技术规格,又该如何解决?本研究旨在分析 Gagah Lambang Perkasa(普洛斯)与 PT Corin Teknik Solusi(CTS)之间的制造业务合同。本研究采用了规范法学方法,对协议内容进行了回顾和研究。结果表明,CTS未能解释合同内容的原因是普洛斯提供的订购货物技术数据不准确。普洛斯和 CTS 为解决争议所做的努力是通过谈判,以诚意为先,达成互惠互利的协议。在 CTS 愿意接受普洛斯索赔的情况下,争议得以解决。普洛斯以额外时间、成本和新订单的形式向中青旅提供补偿,使协议得以妥善执行,业务关系依然良好。本研究得出的结论是,发票业务合同纠纷的解决原则是互惠互利(双赢),这样业务合同才能继续履行,不会妨碍生产过程。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Principles for Settlement of Manufacturing Business Contract Disputes
Manufacturing business contract is agreements that are unique in the procurement of goods and services. Execution of these business contracts often encounters obstacles because there are errors in interpreting contract clauses that can lead to a settlement.  After a dispute occurs, what efforts can be made by the parties in resolving disturbances that occur in the procurement of goods, and what is the settlement process if there is a discrepancy in the delivery of goods that are in accordance with the contract but are claimed not to meet the technical specifications stated in the business contract? The purpose of this research is to analyze the manufacturing business contract between Gagah Lambang Perkasa (GLP) and PT Corin Teknik Solusi (CTS). This study used a normative juridical method by reviewing and examining the contents of the agreement. The results show that CTS's failure to interpret the contents of the contract occurred because of the inaccuracy of the technical data on the ordered goods provided by GLP. The efforts made by GLP and CTS to resolve the disputes were by negotiation that prioritized good faith to reach a mutually beneficial agreement. The dispute resolution was achieved with CTS's willingness to accept GLP's claims. GLP provides compensation in the form of additional time, cost, and new orders for CTS so that the agreement can be implemented properly and business relations still run well. The conclusion obtained from this research is that the principle of resolving disputes in invoice business contracts is a mutual benefit (win-win solution) so that the business contract can be continued and not hamper the production process.
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