Contract Law of the People's Republic of China
Author:sipoIssuing Date:2008-01-24 13:28:30Source:sipo
Article 363 Any new technological achievement accomplished by the commissioned party in the performance of a technical consultancy contract or a technical service contract using the technological materials and work facilities supplied by the commissioning party, shall belong to the commissioned party, while any new technological achievement accomplished by the commissioning party using the results of the work of the commissioned party, shall belong to the commissioning party, except as otherwise agreed upon by the parties in the contract.
Article 364 Where the laws and regulations stipulate otherwise on technical intermediation contracts and technical training contracts, such provisions shall be followed.
Chapter 19 Contracts for Storage
Article 365 A storage contract refers to a contract whereby the safekeeping party keeps in store the article handed over by the storing party, and returns the said article.
Article 366 The storing party shall, according to the terms of the contract, pay to the safekeeping party the storage fee.
Where there is no agreement in the contract regarding the storage fee, or such agreement is unclear, nor can it be determined according to the provisions of Article 61 of this Law, the storage shall be for free.
Article 367 A storage contract is established at the time when the article to be stored is handed over, except as otherwise agreed upon the parties.
Article 368 When the storing party hands over the article to be stored to the safekeeping party, the safekeeping party shall issue a storage certificate, except as otherwise practised in transactions.
Article 369 The safekeeping party shall keep in appropriate store the articles to be stored.
The parties may agree on the site or method of storage. The site or method of storage may not be unilaterally changed except in case of emergency or for the purpose of protecting the interests of the storing party.
Article 370 Where an article handed over by the storing party for storage has defects, or special measures need to be taken due to the character of the article, the storing party shall inform the safekeeping party of such maters. Where the storing party fails to inform the safekeeping party of such macters and consequently causes damage to the stored article, the safekeeping party shall not be liable for damages. Where the safekeeping party suffers losses therefrom as a consequence, the storing party shall be liable for damages, except in the event the safekeeping party knows the situation or ought to know it but fails to take any remedial measures.
Article 371 The safekeeping party may not turn the article to be stored over to a third party for storage, except as otherwise agreed upon by the parties in the contract.
Where the safekeeping party violates the provisions of the preceding paragraph and terns the article to be stored over to a third party for storage, thus causing damage to the article, the said party shall be liable for damages.
Article 372 The safekeeping party may not use or permit a third party to use the stored article, except as otherwise agreed upon by the parties.
Article 373 Where a third party claims rights on the stored article, the safekeeping party shall perform the obligation to return the article to the storing party, except that a preservative measure or executive measure is taken according to law with regard to the stored article.
Where a third party brings a lawsuit against the safekeeping party or applies for a seizure by the stored article, the safekeeping party shall promptly inform the storing party of the case.
Article 374 Where during the period of storage, the stored article is damaged, destroyed or lost due to improper storage by the safekeeping party, the safekeeping party shall be liable for damages. However, where the storage is provided for free, and the safekeeping party proves that it has not acted with gross fault, it shall not be liable for damages.
Article 375 A storing party depositing currency, securities or other precious articles shall, declare the case to the safekeeping party, and the safekeeping party shall inspect and seal up the article for storage. Where the storing party fails to declare as such and the article is damaged, destroyed or lost afterwards, the safekeeping party may compensate for it as it is an ordinary article.
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