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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:9399

 

 @@  Article  42. Liability for breach of a contract for the supply
and use of electricity.
(1) Liability of the supplier of electricity:
 The  supplier  of  electricity  must supply electricity in a safe
manner in accordance  with power supply standards stipulated by the
state and with the stipulations of the contract. If it has cause to
restrict electricity, it shall notify the user in advance. In the
absence of a proper reason for restricting the use of electricity or
if electricity is cut off due to the fault  of the supplier of
electricity, it shall compensate the user for the losses caused thereby.
(2) Liability of the user of electricity:
 The  user must use electricity in accordance with the provisions
of the contract.  If,  due to special circumstances, it needs
to  use  more electricity  or  cannot  use  electricity  at the
specified time, it shall notify the supplier in advance. If in the
absence of a proper reason for the overload of electricity or for not
using electricity at the stipulated time, it shall pay breach of
contract damages.
 The  liability  for  breach of a contract for the supply and use of
water or of a contract for the supply and use of gas may be handled
with reference to the provisions of this Article.
@@ Article 43. Liability for breach of a warehousing contract.
(1) Liability of the safekeeping party:
 a.  If improper safekeeping during the period of storage of the goods
causes destruction,  shortage,  deterioration or contamination of or
damage to the goods, it shall be liable for paying compensation for
the losses. If the goods  are damaged or deteriorate due to the
packaging not conforming to the stipulations of the contract or
due  to  the valid storage period being exceeded, it shall not be
liable for paying compensation.
 b.  If  dangerous  articles or perishable goods are not handled
according to stipulations or are not carefully stored, and are thereby
damaged, it shall be liable for paying compensation for the losses.
 c.  If  the goods are withdrawn from the warehouse or cannot be
deposited in storage  due to the fault of the safekeeping party,
it  shall  make compensation  for the storing party's transportation
expenses and pay breach of contract damages in accordance with the
provisions of the contract.
 d.  In  cases  where it is the responsibility of the safekeeping
party to transport  the  goods and it fails to ship them on time, it
shall compensate the  storing  party  for losses due to overdue
delivery; if it sends them to the wrong destination, in addition to
transporting  the  goods  without charge to  the  destination as
stipulated in the contract, it shall also compensate the storing party
for the actual losses caused thereby.
(2) Liability of the storing party:
  a.   Flammable,  explosive,  poisonous  and  other  dangerous
articles  and perishable articles must be noted in the contract, and
the necessary data must  be  provided. Otherwise, if any damage to
goods or human casualties is caused thereby, it shall be liable for
paying compensation and may even be subject to criminal liability.
 b.  If  the weight stored exceeds that agreed upon or the goods
are not picked  up on time, in addition to the payment of storage
fees, it shall also pay breach of contract damages.
 @@  Article  44.  Liability for breach of a contract for the
lease of
property.
(1) Liability of the lessee:
 a.  If  improper  use  and  safekeeping of the leased property or
failure to maintain  and  keep it in good repair causes damage to or
destruction  of  the  property,  it  shall  be  responsible  for
restoration of the property or payment of compensation.
 b. If it dismantles or alters a house, equipment, machine tools or
other property  without permission, it shall be liable for making
compensation for the losses caused thereby.
 c.  If  it  sublets  the  leased  property without permission or
carries out illegal activities, the lessor shall have the right to
rescind the contract.
 d.  If  the  leased property is not returned at the specified
time, in addition to paying the supplemental rent, it shall also
pay breach of contract damages.
(2) Liability of the lessor:
 a.  If it does not provide the leased property at the time stipulated
in the contract, it shall pay breach of contract damages.
 b.  If  it  does not provide the leased property in accordance
with the quality  stipulated  in  the  contract,  it  shall be
liable for paying compensation for the losses caused thereby.
 c.  If  it  does  not  supply related equipment, accessories,
etc.,  in accordance  with  the  provisions of the contract and
thereby causes the lesse

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