合同法英文版四

時間：2024-11-27 05:27:14 合同法規

合同法英文版（四）

　　The contract letting party may not divide the construction project that should be fulfilled by one contractor into several parts so as to be finished by several contractors.

合同法英文版（四）

　　With the consent of the contract letting party, the general contractor or the contractors for survey, design or construction may assign part of the contracted work to a third party. The third party shall assume joint and several liability to the contract letting party together with the general contractor or the contractors for survey, design or construction in respect of its work achievements. A contractor may not assign the whole contracted project to a third party or divide the whole contracted construction project into several parts and assign them respectively to third parties in the name of subletting.

　　The contractors are forbidden to sublet the project to any unit not having corresponding qualifications. The sub-contractor is forbidden to sublet its contracted work once again. The construction of the main body of the construction project must be completed by the general contractor.

　　Article 273 Contracts for major construction projects of the State shall be concluded in accordance with the procedures prescribed by the State and the investment plans, feasibility study reports and other documents approved by the State.

　　Article 274 The contents of a survey or design contract shall contain such clauses as the time limit for submission of the relevant basic materials and documents (including estimated budgets), the quality requirements, the expenses and other terms for cooperation.

　　Article 275 The contents of a construction contract shall contain such clauses as the scope of the construction, time period for the construction, the time for beginning and completing the intermediate construction projects, the quality of the construction, the cost of the construction, the time for submission of technical data, the responsibility for supply of materials and equipment, the allocation of funds and settlement of accounts, the inspection and acceptance of the project upon completion, the scope for guaranteed maintenance and repair and the quality guaranty period, the mutual cooperation of the two parties.

　　Article 276 Where supervision is practised in respect of a construction project, the contract letting party shall enter into a written supervision commission contract with a supervisor. The rights, obligations and legal liabilities of the contract letting party and the supervisor shall be in accordance with the provisions on commission contracts of this Law and other relevant laws and administrative regulations.

　　Article 277 The contract letting party may inspect the operation progress and quality at any time provided not hampering the contractor from normal operation.

　　Article 278 Before covering a project which needs to be covered, the contractor shall notify the contract letting party to inspect the project. If the contract letting party fails to inspect it in time, the contractor may prolong the construction period, and shall have the right to request the contract letting party for compensation for losses caused by work stoppages and idling of the labour force, etc.

　　Article 279 Upon completion of a construction project, the contract letting party shall inspect and accept the projects in time according to the construction drawings and specifications as well as the construction inspection rules and quality standards issued by the State. If qualified, the contract letting party shall pay the costs and remuneration and accept the construction project according to the terms of the contract. A construction project may not be delivered for use until it is qualified through inspection and acceptance. A construction project may not be delivered for use without inspection and acceptance or proved to be unqualified through inspection and acceptance.

　　Article 280 Where the quality of survey or design work is not in conformity with the requirements, or the survey or design documents are not submitted in due time, thus delaying the construction period and causing losses to the contract letting party, the surveyor or designer shall continue to complete the survey or design, reduce or do not charge the survey and design fees, and make compensation for the losses.

　　Article 281 If, due to the causes of the constructor, the construction quality does not conform to the terms of the contract, the contract letting party shall have the right to request the constructor to repair or reconstruct within a reasonable time limit free of charge. If such repair or reconstruction results in overdue delivery of the project, the constructor shall be liable for the breach of contract.

　　Article 282 If, due to the causes of the contractor, personal injury and property losses have occurred within the period of reasonable use of the construction project, the contractor shall be liable for damages.

　　Article 283 If the contract letting party has not supplied the raw materials, equipment, sites, funds or technical data according to the agreed time and requirements in the contract, the contractor may prolong the construction period and shall have the right to request for compensation for the losses caused by work stoppages and idling of the labour force, etc.

　　Article 284 If, due to the causes of the contract letting party, a construction project pauses or is postponed in the course, the contract letting party shall adopt measures to offset or reduce the losses and compensate the contractor for losses and actual expenses incurred as a result of work stoppages, idling of the labour force, changes in transportation, transfer and move of machinery and equipment, overstocking of materials and components, etc.

　　Article 285 If, due to modification of the plan, or inaccuracy of the data supplied or a failure in providing the necessary conditions for survey and design work according to the time limit by the contract letting party, the survey and design work has to be redone or stopped, or the design revised, the contract letting party shall pay additional expenses for the amount of work actually rendered by the surveyor or designer.

　　Article 286 If the contract letting party fails to pay the costs and remuneration in accordance with the terms of the contract, the contractor may urge the contract letting party to pay the money within a reasonable time limit. If the contract letting party fails to pay within the time limit, except that it is not appropriate to convert the construction project into money or auction it due to its characters, the contractor may consult with the contract letting party to convert the project into money, or apply to the people's court to auction the project according to law. The costs and remuneration of the construction project shall be compensated in priority by the money derived from the conversion or auction.

　　Article 287 Matters not addressed in this Chapter shall apply the relevant provisions on contracts for work.

　　CHAPTER 17 CONTRACTS FOR TRANSPORTATION

　　Article 288 A transportation contract refers to a contract whereby the carrier carries passengers or goods from the starting place of carriage to the agreed destination, and the passenger or the shipper or the consignee pays for the ticket-fare or freight.

　　Article 289 A carrier engaged in public transportation may not refuse the normal and reasonable carriage request of a passenger or shipper.

　　Article 290 A carrier shall carry the passenger or goods safely to the agreed destination within the agreed time period or within a reasonable time period.

　　Article 291 A carrier shall carry the passenger or goods to the agreed destination via the agreed or customary carriage route.

　　Article 292 A passenger or a shipper or a consignee shall pay for the ticket-fare or for the freight. Where a carrier has not taken the agreed route or a customary carriage route, and consequently increased the ticket-fare or the freight, the passenger or the shipper or the consignee may refuse to pay for the increased part of the ticket-fare or the freight.

　　SECTION 2 CONTRACTS FOR PASSENGER TRANSPORTATION

　　Article 293 A passenger transportation contract shall be established at the time when the carrier delivers the ticket to the passenger except as otherwise agreed upon in the contract by the parties or there are other transaction practices.

　　Article 294 A passenger on board shall hold a valid ticket. A passenger on board without a ticket or exceeds the distance paid for or takes a higher class or higher berth than booked or holds an invalid ticket, shall make up the payment for an appropriate ticket. The carrier may charge an additional payment according to the rules. Where the passenger refuses to make such a payment, the carrier may refuse to undertake the carriage.

　　Article 295 A passenger unable to embark on the time stated on the ticket due to his/her own fault, shall go through ticket cancellation and refund for malities or ticket modification formalities within the agreed time period. Where the passenger fails to do so within the time period, the carrier may refuse to make the refund and shall no longer assume the obligation of carriage.

　　Article 296 A passenger shall bring with him/her luggage within the agreed limit of quantity. A passenger takes luggage exceeding the limit shall check in the luggage.

　　Article 297 A passenger may not bring with him/her or pack in the luggage such dangerous articles as are inflammable, explosive, corrosive or radioactive as well as those that might endanger the safety of life and property on board the transportation vehicle or other contraband articles.

　　Where a passenger violates the provisions of the preceding paragraph, the carrier may discharge the contraband articles, destroy them or hand them over to relevant departments. Where the passenger insists on bringing or packing in the luggage the contraband articles, the carrier shall refuse the carriage.

　　Article 298 A carrier shall inform the passengers in time of the important causes which hinders the normal carriage and the matters which shall be noted for purpose of safety carriage.

　　Article 299 A carrier shall carry passengers in conformity with the time and the carriage schedule stated on the ticket. A carrier delaying the carriage shall arrange the passengers to take other flights or numbers, or refund the tickets as requested by the passengers.

　　Article 300 A carrier unilaterally changing the carriage vehicle and consequently lowering the standards of service shall refund the ticket or lower the price of the ticket as requested by the passenger. A carrier unilaterally raising the standards of service, shall not charge additional ticket-fare.

　　Article 301 A carrier shall, during the period of carriage, render whatever help and assistance as it can to a passenger who is seriously ill, or who is giving birth to a child or whose life is at risk.

　　Article 302 A carrier shall be liable for damages for the death of or personal injury to passengers during the period of carriage, unless the death or personal injury results from the health conditions of the passenger himself/herself, or the carrier proves that the death or personal injury is caused by the deliberate intention or gross fault of the passenger.

　　The preceding paragraph shall be applicable to a passenger who is exempted from buying the ticket according to relevant rules, or who is holding a preferential ticket, or who is permitted by the carrier to be on board without a ticket.

　　Article 303 Where an article that the passenger takes with him/her on board is damaged or destroyed during the period of carriage, the carrier shall be liable for the damage if it has committed fault.

　　Where a check-in luggage of a passenger is damaged or destroyed, the relevant rules for the carriage of goods shall be applied.

　　SECTION 3 CONTRACTS FOR GOODS TRANSPORTATION

　　Article 304 A shipper, when handling the formalities for goods carriage, shall precisely indicate to the carrier, the title or name of the consignee or consignee by order, the name, nature, weight, amount and the place for taking delivery of the goods, and other information necessary for goods carriage.

　　Where a carrier suffers from damage due to untrue declaration or omission of important information by the shipper, the shipper shall be liable for damages.

　　Article 305 Where such formalities as examination and approval or inspection are required for goods carriage, the shipper shall submit the documents of fulfillment of the relevant formalities to the carrier.

　　Article 306 A shipper shall pack the goods in the agreed manner. Where there is no agreement in the contract as to the manner of packing or such agreement is unclear, the provisions of Article 156 of this Law shall be applied.

　　Where a shipper violates the provisions of the preceding paragraph, the carrier may refuse to undertake the carriage.

　　Article 307 When shipping such dangerous articles as are inflammable, explosive, corrosive or radioactive, a shipper shall appropriately pack the articles in conformity with the rules of the State governing the carriage of dangerous articles, and put on the marks and labels for dangerous articles and submit the written papers relating to the nature and measures of precaution to the carrier.

　　Where a shipper violates the provisions of the preceding paragraph, the carrier may refuse to undertake the carriage, or take corresponding measures to avoid damage. Expenses thus caused shall be borne by the shipper.

　　Article 308 Prior to the delivery of goods to the consignee by the carrier, the shipper may request the carrier to suspend the carriage, to return the goods, to alter the destination or to deliver the goods to another consignee. The shipper shall compensate the carrier for losses thus caused.

　　Article 309 After the goods carriage is completed, if the carrier has the knowledge of the consignee, it shall notify the consignee promptly and the consignee shall claim the goods promptly. Where the consignee claims the goods exceeding the time limit, it shall pay to the carrier for such expenses as storage of the goods, etc.

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