Contract Law of the People's Republic of China
Author:sipoIssuing Date:2008-01-24 13:28:30Source:sipo
Article 313 Where more than one carriers take a connect carriage in the same manner of transportation, the carrier who concludes the contract with the shipper shall bear the liability for the entire transport. Where loss of goods occurred in a specific section, the carrier who concludes the contract with the shipper and the carrier who is responsible for the specific section shall bear joint and several liability.
Article 314 Where the goods are destroyed due to force majeure during the period of carriage and the freight has not been collected, the carrier may not request the payment of the freight. Where the freight has been collected, the shipper may request the refund of the freight.
Article 315 Where the shipper or the consignee fails to pay the freight, storage expense and other carriage expenses, the carrier is entitled to lien on the relevant carried goods except as otherwise agreed upon in the contract.
Article 316 Where the consignee is unclear or the consignee refuses to claim the goods without justified reasons, the carrier may have the goods deposited according to the provisions of Article 101 of this law.
Section 4 Contracts for Multi-modal Transportation
Article 317 A multi-modal transportation business operator shall be responsible for the performance or the organizing of performance of the multi-modal transportation contract, enjoy the rights and assume the obligations of the carrier for the entire transport.
Article 318 A multi-modal transportation business operator may enter into agreements with the carriers participating in the multi-modal transportation in different section of the transport on their respective responsibilities for different sections under the multi-modal transportation contract.
Article 319 A multi-modal transportation business operator shall issue multi-modal transportation documents upon receiving the goods from the shipper. The multi-modal transportation documents may be negotiable or non-negotiable, as requested by the shipper.
Article 320 Where a multi-modal transportation business operator suffers losses due to the fault of the shipper when shipping the goods, the shipper shall bear the liability for damages even if the shipper has transferred the multi-modal transportation documents to other parties.
Article 321 Where the damage to, destruction or loss of goods occurres in a specific section of the multi-modal transportation, the liability of the multi-modal transportation business operator for damages and the limit thereof shall be governed by the relevant laws on the specific model of transportation used in the specific section. Where the section of transportation in which the damage or destruction or loss occurred can not be identified, the liability for damages shall be governed by the provisions of this Chapter.
Chapter 18 Contracts for Technology
Section 1 General rules
Article 322 A technology contract refers to a contract that the parties conclude for purpose of establishing rights and obligations of the parties regarding technology development, technology transfer, technical consultancy and technical services.
Article 323 The conclusion of a technology contract must facilitate the progress of science and technology, accelerate the commercialization, application and dissemination of the achievements of science and technology.
Article 324 The contents of technology contract shall be agreed upon by the parties, and shall contain the following clauses in general:
(1) title of the project;
(2) contents, scope and requirements of the targeted object;
(3) plan, schedule, time period, place, areas covered and manner of performance;
(4) maintenance of confidentiality of technical information and materials;
(5) sharing of liability for risks;
(6) ownership of confidentiality of technical information and materials;
(7) standards and method of inspection and acceptance;
(8) price, remuneration or royalties and method of payment;
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