【文章內(nèi)容簡(jiǎn)介】 makes nonmaterial alteration to the contents of the offer, then except where the offeror immediately expresses its opposition, or the offer clearly stipulates that the offeree may not in its acceptance make any alterations to the contents of the offer, the said acceptance shall have effect, and the contents of the contract shall be in accordance with the contents of the acceptance.第三十二條當(dāng)事人采用合同書(shū)形式訂立合同的，自雙方當(dāng)事人簽字或者蓋章時(shí)合同成立。Article 32.Where a contract is concluded through the use of a contract document, the contract shall be concluded from the time that the two parties sign or affix their respective seals to the contract document.第三十三條當(dāng)事人采用信件、數(shù)據(jù)電文等形式訂立合同的，可以在合同成立之前要求簽訂確認(rèn)書(shū)。簽訂確認(rèn)書(shū)時(shí)合同成立。Article 33.Where a contract is concluded by correspondence or electronic documents, either party may, prior to the contract being concluded, request the signing of a letter of confirmation. Where this is the case, the contract shall be concluded upon the signing of the letter of confirmation.第三十四條承諾生效的地點(diǎn)為合同成立的地點(diǎn)。 采用數(shù)據(jù)電文形式訂立合同的，收件人的主營(yíng)業(yè)地為合同成立的地點(diǎn)；沒(méi)有主營(yíng)業(yè)地的，其經(jīng)常居住地為合同成立的地點(diǎn)。當(dāng)事人另有約定的，按照其約定。Article 34.The place at which the acceptance takes effect shall be the place at which the contract is concluded. Where a contract is concluded through the use of electronic documents, the main place of business of the recipient of the said documents shall be deemed to be the place at which the contract is concluded。 where the said recipient does not have a main place of business, the recipient’s usual place of abode shall be deemed to be the place at which the contract is concluded. Where the parties agree otherwise, the parties’ agreement shall have effect.第三十五條當(dāng)事人采用合同書(shū)形式訂立合同的，雙方當(dāng)事人簽字或者蓋章的地點(diǎn)為合同成立的地點(diǎn)。Article 35.Where a contract is concluded through the use of a contract document, the place at which the parties sign or affix their respective seals on the contract document shall be the place at which the contract is concluded.第三十六條法律、行政法規(guī)規(guī)定或者當(dāng)事人約定采用書(shū)面形式訂立合同，當(dāng)事人未采用書(shū)面形式但一方已經(jīng)履行主要義務(wù)，對(duì)方接受的，該合同成立。Article 36.Where laws and administrative regulations stipulate that the contract is to be concluded in writing, or the parties agree to conclude the contract in writing, but where the parties fail to conclude the contract in writing, and one side has already performed a major obligation under the contract, and the other party has accepted the said performance, the said contract shall be concluded.第三十七條采用合同書(shū)形式訂立合同，在簽字或者蓋章之前，當(dāng)事人一方已經(jīng)履行主要義務(wù)，對(duì)方接受的，該合同成立。Article 37.Where a contract document is used to conclude a contract, and prior to signing or affixing seals on the contract document, one of the parties has already performed a major obligation under the contract, and the other party has accepted the said performance, the said contract shall be concluded.第三十八條國(guó)家根據(jù)需要下達(dá)指令性任務(wù)或者國(guó)家訂貨任務(wù)的，有關(guān)法人、其他組織之間應(yīng)當(dāng)依照有關(guān)法律、行政法規(guī)規(guī)定的權(quán)利和義務(wù)訂立合同。Article 38.Where the State, in accordance with its needs, assigns mandatory tasks or tasks relating to state orders for goods, relevant legal persons and other organisations shall conclude contracts between themselves in accordance with the rights and obligations stipulated in relevant laws and administrative regulations.第三十九條采用格式條款訂立合同的，提供格式條款的一方應(yīng)當(dāng)遵循公平原則確定當(dāng)事人之間的權(quán)利和義務(wù)，并采取合理的方式提請(qǐng)對(duì)方注意免除或者限制其責(zé)任的條款，按照對(duì)方的要求，對(duì)該條款予以說(shuō)明。 格式條款是當(dāng)事人為了重復(fù)使用而預(yù)先擬定，并在訂立合同時(shí)未與對(duì)方協(xié)商的條款。Article 39.Where a contract is concluded through the use of standard clauses, the party proposing the standard clauses shall observe the principle of fairness in defining the rights and responsibilities of the parties, and the said party must take reasonable steps to draw the other party’s particular attention to those clauses which eliminate or limit the said party’s liabilities, and must, where requested by the other party, explain the effect of the said clauses. Standard clauses are those clauses which one party drafts in advance for repeated use, and are not the subject of negotiation with the other side at the time when the contract is concluded.第四十條格式條款具有本法第五十二條和第五十三條規(guī)定情形的，或者提供格式條款一方免除其責(zé)任、加重對(duì)方責(zé)任、排除對(duì)方主要權(quán)利的，該條款無(wú)效。Article 40.Where a standard clause possesses one of the characteristics set out in Article 52 or Article 53 of this Law, or where the clause operates to exclude the liabilities of the party proposing the standard clause, or to increase the liabilities of the other party, or to remove important rights enjoyed by the other party, the said clause shall be without effect.第四十一條對(duì)格式條款的理解發(fā)生爭(zhēng)議的，應(yīng)當(dāng)按照通常理解予以解釋。對(duì)格式條款有兩種以上解釋的，應(yīng)當(dāng)作出不利于提供格式條款一方的解釋。格式條款和非格式條款不一致的，應(yīng)當(dāng)采用非格式條款。Article 41.Where a dispute arises over the interpretation of a standard clause, the said clause shall be interpreted in accordance with the way it is usually understood. Where a standard clause is open to two or more interpretations, the interpretation which is less favourable to the party supplying the standard clause shall be adopted. Where a contract contains a standard clause and a nonstandard clause that has a differing effect, the nonstandard clause shall be adopted.第四十二條當(dāng)事人在訂立合同過(guò)程中有下列情形之一，給對(duì)方造成損失的，應(yīng)當(dāng)承擔(dān)損害賠償責(zé)任： （一）假借訂立合同，惡意進(jìn)行磋商；（二） 故意隱瞞與訂立合同有關(guān)的重要事實(shí)或者提供虛假情況；（三）有其他違背誠(chéng)實(shí)信用原則的行為。Article 42.Where, in the course of concluding a contract, a party is involved in any of the following acts, which result in a loss for the other party, then the first party shall be liable to pay pensatory damages: (1) conducting negotiations in bad faith under the false pretext of concluding a contract。(2) deliberately concealing important facts relevant to the conclusion of the contract or providing a false account of the situation。 or(3) other acts which violate the principles of honesty and trustworthiness.第四十三條當(dāng)事人在訂立合同過(guò)程中知悉的商業(yè)秘密，無(wú)論合同是否成立，不得泄露或者不正當(dāng)?shù)厥褂?。泄露或者不正?dāng)?shù)厥褂迷撋虡I(yè)秘密給對(duì)方造成損失的，應(yīng)當(dāng)承擔(dān)損害賠償責(zé)任。Article 43.Commercial secrets of which the parties bee aware in the course of concluding a contract must not be revealed or inappropriately used, regardless of whether or not the contract is concluded. Where the said sec