问题 问答题 案例分析题

某水闸建设工程项目,建设单位与施工单位经公开招标后签订了工程施工承包合同,施工承包合同规定,水闸的启闭机设备由建设单位采购,其他建筑材料由施工单位采购。同时,建设单位与监理单位签订了施工阶段监理合同。建设单位为了确保水闸施工质量,经与设计单位商定,在设计文件中标明了水泥的规格、型号等技术指标,并指定了生产厂家。施工单位在7:程中标后,与生产厂家签订了购货合同。为了在汛期来临之前完成水闸的基础工程施工,施工单位采购的水泥进场时,未经监理机构许可就擅自投入施工使用。监理机构在对浇筑而成的第一块闸底板检查时,发现水泥的指标达不到要求,监理机构便通知施工单位该批水泥不得使用。施工单位要求水泥厂家将不合格的水泥退换,厂家认为质量没有问题,若要退货,施工单位应支付退货运费。施工单位不同意支付,厂家要求建设单位在施工单位的应付工程款中扣除上述费用。

施工单位要求退换该批水泥是否合理?为什么?

答案

参考答案:

施工单位要求退换该批水泥是合理的。因为水泥生产厂家供应水泥不符合供货合同的要求。

单项选择题
单项选择题

It may be just as well for Oxford University’s reputation that this week’s meeting of Congregation, its 3,552-p governing body, was held in secret, for the air of civilized rationality that is generally supposed to pervade donnish conversation has lately turned fractious. That’s because the vice-chancellor, the nearest thing the place has to a chief executive, has proposed the most fundamental reforms to the university since the establishment of the college system in 1249; and a lot of the dons and colleges don’t like it.

The trouble with Oxford is that it is unmanageable. Its problems-the difficulty of recruiting good dons and of getting rid of bad ones, concerns about academic standards, severe money worries at some colleges-all spring from that. John Hood, who was recruited as vice-chancellor from the University of Auckland and is now probably the most-hated antipodean in British academic life, reckons he knows how to solve this, and has proposed to reduce the power of dons and colleges and increase that of university administrators.

Mr. Hood is right that the university’s management structure needs an overhaul. But radical though his proposals seem to those involved in the current row, they do not go far enough. The difficulty of managing Oxford stems only partly from the nuttiness of its system of governance; the more fundamental problem lies in its relationship with the government. That’s why Mr. Hood should adopt an idea that was once regarded as teetering on the lunatic fringe of radicalism, but these days is discussed even in polite circles. The idea is independence.

Oxford gets around £5,000 ($9,500) per undergraduate per year from the government. In return, it accepts that it can charge students only £1,150 (rising to£3,000 next year) on top of that. Since it probably costs at least £10,000 a year to teach an undergraduate, that leaves Oxford with a deficit of £4,000 or so per student to cover from its own funds.

If Oxford declared independence, it would lose the £52m undergraduate subsidy at least. Could it fill the hole Certainly. America’s top universities charge around £20,000 per student per year. The difficult issue would not be money alone, it would be balancing numbers of not-so-brilliant rich people paying top whack with the cleverer poorer ones they were cross-subsidising. America’s top universities manage it: high fees mean better teaching, which keeps competition hot and academic standards high, while luring enough donations to provide bursaries for the poor. It should be easier to extract money from alumni if Oxford were no longer state-funded.

The term "bursaries" (Line 7, Paragraph 5) most probably means ()

A. preferential policies

B. scholarship or grant

C. free stationery and accommodation

D. sheltering and meals