Contract Law of the People's Republic of China
Updated: 2006-04-17 10:00 Article 15 An invitation for offer is a proposal for requesting other parties
to make offers to the principal. Price forms mailed, public notices of auction
and tender, prospectuses and commercial advertisements, etc. Are invitations for
offer.
Where the contents of a commercial advertisement comply with the terms of the
offer, it may be regarded as an offer.
Article 16 An offer becomes effective when it reaches the offeree. If a
contract is concluded by means of data-telex, and recipient appoints a specific
system to receive the data-telex, the time when the data-telex enters the system
shall be the time of arrival; if no specific system is appointed, the time when
the data-telex first enters any of the recipient's systems shall be regarded as
the time of arrival.
Article 17 An offer may be withdrawn, if the withdrawal notice reaches the
offeree before or at the same time when the offer arrives.
Article 18 An offer may be revoked, if the revocation reaches the offeree
before it has dispatched an acceptance.
Article 19 An offer may not be revoked, if
(1) the offeror indicates a fixed time for acceptance or otherwise explicitly
states that the offer is irrevocable; or
(2) he offeree has reasons to rely
on the offer as being irrevocable and has made preparation for performing the
contract.
Article 20 An offer shall be null and void under any of the following
circumstances:
(1) The notice of rejection reaches the offeror;
(2) The
offeror revokes its offer in accordance with the law;
(3) The offeree fails
to make an acceptance at the time when the time limit for acceptance expires;
(4) The offeree substantially alters the contents of the offer.
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