Contract Law of the People's Republic of China

Author:sipoIssuing Date:2008-01-24 13:28:30Source:sipo

      (8) name of the person who issues the warehouse voucher, the place and the date of issuance.

Article 387 A warehouse voucher is the certificate for claiming the warehousing goods. The right to claim the warehousing goods may be transferred when the warehouse voucher is endorsed by the storing party or the person who holds the warehouse voucher is endorsed by the storing party or the person who holds the warehouse voucher, and signed or affixed with a seal by the safekeeping party.

Article 388 At the request of the storing party or the person who holds the warehouse voucher, the safekeeping party shall permit the person to check the warehousing goods or take samples.

Article 389 In the event that the safekeeping party discovers that the warehousing goods are deteriorated or otherwise damaged, the said party shall inform the storing party or the holder of the warehouse voucher of the case promptly.

Article 390 In the event that the safekeeping party discovers that the letting in warehousing goods are deteriorated or otherwise damaged, thus endangering the safety and the normal storage of other warehousing goods, the said party shall notify and urge the storing party or the holder of the warehouse voucher make necessary disposal. In case of emergency, the safekeeping party may make the necessary disposal, but shall inform the storing party or the holder of the warehouse voucher of the case promptly afterwards.

Article 391 Where there is no agreement in the contract between the parties as to the time period of the storage or such agreement is unclear, the storing party or the person who holds the warehouse voucher may claim and get back the warehousing goods at any time, the safekeeping party may also at any time request the storing party to claim the warehousing goods, provided that a time period necessary for preparation shall be given.

Article 392 When the storage time period expires, the storing party or the holder of the warehouse voucher shall claim and get back the warehousing goods. Where the storing party or the holder of the warehouse voucher fails to claim the goods on time, additional warehouse fee shall be paid. Where the goods are claimed before the time period expires, the warehouse storage fee shall not be reduced.

Article 393 Where the storing party or the holder of the warehouse voucher does not claim the warehoused goods when the time period expires, the safekeeping party may urge the holder to claim the goods within a reasonable time period. After this additional time period expires, the safekeeping party may have the goods deposited.

Article 394 If, during the time period of storage, the warehousing goods are damaged, destroyed or lost due to improper storage by the safekeeping party, the safekeeping party shall be liable for damages. Where the warehousing goods are perished or damaged due to inconformity of the character of the warehousing goods or of the packing with the terms of the contract, or the fact that the goods exceed the valid storage period, the safekeeping party shall not be liable.

Article 395 Matters not addressed in this Chapter shall apply, the relevant provisions governing storage contracts.

Chapter 21 Contracts for Commission

Article 396 A commission contract refers to a contract whereby the principal and the agent agree that the agent shall handle the maters of the principal.

Article 397 A principal may specially entrust an agent to handle one or several items of matters, or generally entrust the agent to handle all matters.

Article 398 The principal shall pay the expenses for handling the entrusted matters in advance. In case that the agent has prepaid the necessary expenses for handling the entrusted matters, the principal shall reimburse the expenses and the interest thereof.

Article 399 The agent shall handle the entrusted matters according to the instruction of the principal. Where the instruction of the principal need to be modified, consent of the principal shall be obtained; in case of such emergency that it is difficult to contact the principal, the agent shall handle the entrusted matters properly and report to the principal the case promptly afterwords.

Article 400 The agent shall handle the entrusted matters himself/herself. With the consent of the principal, the agent may sub-entrust the matter. If the sub-entrustment has obtained consent, the principal may directly give instructions to the sub-entrusted third party, and the agent shall be liable only for the selection of the third party and his own instructions to the third party. If the sub-entrustment has not obtained the consent, the agent shall be liable for the third party's acts, except that in an emergency the sub-entrustment is necessary for the protection of the interests of the principal.

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