Contract Law of the People's Republic of China Updated: 2006-04-17 10:00 (1) If quality requirements are unclear, the State standards or trade
standards shall be applied; if there are no State standards or trade standards,
generally held standards or specific standards in conformity with the purpose of
the contract shall be applied.
(2) If the price or remuneration is unclear, the market price of the place of
performance at the time concluding the contract shall be applied; if the
government-fixed price or government-directed price shall be followed in
accordance with the law, the provisions of the law shall be applied.
(3) If the place of performance is unclear, and the payment is currency, the
performance shall be effected at the place of location of the party receiving
the payment; if real estate is to be delivered, the performance shall be
effected at the place of location of the real estate; in case of other contract
objects, the performance shall be effected at the place of location of the party
fulfilling the obligations.
(4) If the time limit for performance is unclear, the obligor may at any time
fulfill the obligations towards the obligee; the obligee may also demand at any
time that the obligor performs the obligations, but a time period for necessary
preparation shall be given to the obligor.
(5) If the method of performance is unclear, the method which is advantageous
to realize the purpose of the contract shall be adopted.
(6) if the burden of the expenses of performance is unclear the cost shall be
assumed by the obligor.
Article 63 In cases where the government-fixed price or government-directed
price is followed in a contract, if the said price is readjusted within the time
limit for delivery as stipulated in the contract, the payment shall be
calculated according to the price at the time of delivery. If the delivery of
the object is delayed and the price has risen, the original price shall be
adopted; while the price has dropped, the new price shall be adopted. In the
event of delay in taking delivery of the object or late payment, if the price
has risen, the new price shall be adopted; while the price has dropped, the
original price shall be adopted.
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