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Economic Contract Law of the People's Republic of
双击自动滚屏 文章来源:网上转载   发布者:admin   发布时间:2001-7-28   阅读:10075

 

 @@  Article  18.  Contracts  for  construction projects must be
concluded in accordance with procedures prescribed by the state and
investment plans, planned project descriptions and other documents
approved by the state.
 In  contracting  for  construction projects, including survey,
design, building  and  installation,  one  general contractor may
sign  a general contract  with  the  construction  client, or
several  contractors  may  separately  sign  contracts with the
construction client.
 Survey  and design contracts shall provide the time for delivery
of the basic survey or design data and design documents (including
an estimated budget) by both parties, the quality requirements of
the  design, other conditions for coordination and other similar
provisions.
 Building  and  installation  contracts shall expressly provide the
scope of the project, the construction work period, the time for
beginning  and completing  intermediate construction projects, the
quality of the work, the costs  of  construction, the time for
delivery  of  technical data, the responsibilities for the supply of
materials and equipment, the allocations of funds and settlement of
accounts,  the  inspection  and acceptance of the projects  upon
completion,  the mutual cooperation by the parties and other similar
terms.
 The  inspection  and  acceptance  of  construction projects upon
completion shall  be  carried out according to the blueprints and
written instructions, and  to  the  work testing norms and quality
inspection standards issued by the state.
 @@  Article 19. Processing contracts shall be concluded on the basis
of the ordering party's requirements as to the description of goods,
the items and quality,  and  of  the  contractor's  capacity to
process, make to order or repair. Except as otherwise provided in
the contract, the contractor must use its own equipment, technology
and  labour  force  to complete the principal part of the tasks
of processing, making to order and repairing and may not, without the
consent of the ordering party, assign the accepted tasks to a third
party. The ordering party shall accept the products and articles
completed by the contractor and shall pay remuneration therefor.
 The  contractor  shall  promptly  inspect the raw and processed
materials supplied  by  the ordering party and, if it discovers
that they do not conform to the stipulations of the contract, it
shall immediately notify the  ordering party to replace them or
supply  what  is  lacking.  The contractor  may  not,  without
permission,  replace  any  raw and processed materials supplied by
the  ordering  party  and may not covertly exchange components of
articles  being  repaired, and violators shall be liable for making
compensation.
 When  the  contractor  repairs  a  building or processes a
batch  of non-standardized  articles,  it shall accept necessary
inspection  and supervision by the ordering party, but the latter
may not obstruct the contractor's  normal  work.  The contractor
shall strictly comply with the ordering party's request to keep
confidential  the  duplications, designs, translations,  tests and
inspections of the performance of certain articles, and other tasks
contracted for by the contractor.
 If  the ordering party does not take delivery of the ordered products
within  six  months of the time limit for taking delivery, the
contractor shall have the right to sell the ordered products and
shall, after deducting its remuneration and storage fees from the
money obtained from such sales, deposit the remainder in a bank in the
name of the ordering party.
 @@  Article  20.  Contracts  for  the transportation of goods
shall  be  concluded   in   accordance   with  the  planned
distribution   of   goods,  transportation   capacity   and
transportation  plans.  Contracts  for  the shipment  of  odd-lot
goods shall be concluded in accordance with the state provisions
relevant to transportation.
  Any   contract   involving  transshipment  shall  expressly
provide  the responsibilities of both or all parties and the freight
delivery methods.
  If  consigned goods, in accordance with stipulations, require
packaging, the consignor  must  package the goods in accordance
with  the standards prescribed by the state authorities in charge;
in the absence of uniform packaging standards, packaging shall be
carried out in accordance with the principle of securing the safe
transport of the goods, or else the shipper shall have the right to
refuse to undertake the shipment.
 

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