【正文】 ract. The contract shall be established at the time when the letter of confirmation is signed.　　Article 34 The place of effectiveness of an acceptance shall be the place of the establishment of the contract.　　 If the contract is concluded in the form of datatelex, the main business place of the recipient shall be the place of establishment. If the recipient does not have a main business place, its habitual residence shall be considered to be the place of establishment. Where the parties agree otherwise, su agreement shall apply.　　Article 35 Where the parties conclude a contract in written form, the place where both parties sign or affix their seals on the contract shall be the place of establishment.　　Article 36 Where a contract is to be concluded in written form as required by relevant laws and administrative regulations or as agreed by the parties, and the parties failed to conclude the contract in written form, but one party has performed the principal obligation and the other party has accepted it, the contract is established.　　Article 37 Where a contract is to be concluded in written form, if one party has performed its principal obligation and the other party has accepted it before signing or sealing of the contract, the contract is established.　　Article 38 Where the State has issued a mandatory plan or a State purasing order based on necessity, the relevant legal persons and the other organizations shall conclude a contract between them in accordance with the rights and obligations as stipulated by the relevant laws and administrative regulations.　　Article 39 Where standard terms are adopted in concluding a contract, the party splying the standard terms shall define the rights and obligations between the parties abiding by the principle of fairness, and shall inform the other party to note the exclusion or restriction of its liabilities in a reasonable way, and shall explain the standard terms on request by the other party.　　 Standard terms are clauses that are prepared in advance for general and repeated use by one party, and whi are not negotiated with the other party when the contract in concluded.　　Article 40 When standard terms are under the circumstances stipulated in Articles 52 and 53 of this Law, or the party whi splies the standard terms exempts itself from its liabilities, increases the liabilities of the other party, and deprives the material rights of the other party, the terms shall be invalid.　　Article 41 If a dispute over the understanding of the standard terms occurs, it shall be interpreted in accordance with mon understanding. Where there are two or more kinds of interpretation, an interpretation unfavorable to the party splying the standard terms shall prevail. Where the standard terms are inconsistent with nonstandard terms, the latter shall prevail.　　Article 42 The party shall be liable for damage if it is under one of the following circumstances in concluding a contract and thus causing losses to the other party: 　　 (1) pretending to conclude a contract, and negotiating in bad faith。s age, intelligence or mental health conditions need not be ratified by the person39。 　　 (2) malicious collusion is conducted to damage the interests of the State, a collective or a third party。 　　 (2) those that cause property damages to the other party as result of deliberate intent or gross negligence.　　Article 54 A party shall have the right to request the people39。s unfavorable position, the injured party shall have the right to request the people39。 where the property can not be returned or the return is unnecessary, it shall be reimbursed at its estimated price. The party at fault shall pensate the other party for losses incurred as a result therefrom. If both parties are fault, ea party shall respectively be liable.　　Article 59 If the parties have maliciously conducted collusion to damage the interests of the State, a collective or a third party, the property thus acquired shall be turned over to the State or returned to the collective or the third party.　　apter 4 Performance of Contracts　　Article 60 Ea party shall fully perform its own obligations as agreed on. 　　 The parties shall abide by the principle of good faith, and perform obligations of notification, assistance, and confidentiality, etc. in accordance with the nature and purpose of the contract and the transaction practice.　　Article 61 Where, after the contract bees effective, there is no agreement in the contract between the parties on su contents as quality, price or remuneration, or place of performance etc., or su agreement is ambiguous, the parties may agree on splementary terms through consultation。 　　 (3)where the place of performance is not clear, if the obligation is payment of money, performance shall be at the place where the payee is located。 　　 (6)if the responsibility for the expenses of performance is not clear, the party fulfilling the obligations shall bear the expenses.　　Article 63 Where the governmentfixed price or governmentdirected 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. Where a party delays in delivering the subject matter, the original price shall be adopted if the price rises。s demand for corresponding performance.　　Article 68 The party required to perform first may suspend its performance if it has conclusive evidence showing that the other party is under any of the following circumstances: 　　 (1)its business has seriously deteriorated。s advance performance of its obligations, except that the advance performance does not harm the obligee39。s interests.　　 Any additional expense incurred by the obligee due to the obligor39。s Court for subrogation in its own name, except that the creditor39。s interests, the obligee may petition the People39。s Court for cancellation of the obligor39