【正文】
Exception An obligee may reject the obligor‘s partial performance, except where such partial performance does not harm the obligee‘s interests. Any additional expense incurred by the obligee due to the obligor‘s partial performance shall be borne by the obligor. Article 73 Subrogation。 (iii) It has lost its business creditworthiness。 (iv) If the time of performance was not clearly prescribed, the obligor may perform, and the obligee may require performance, at any time, provided that the other party shall be given the time required for preparation。 (ii) If price or remuneration was not clearly prescribed, performance shall be in accordance with the prevailing market price at the place of performance at the time the contract was concluded, and if adoption of a price mandated by the government or based on government issued pricing guidelines is required by law, such requirement applies。 Performance in Good Faith The parties shall fully perform their respective obligations in accordance with the contract. The parties shall abide by the principle of good faith, and perform obligations such as notification, assistance, and confidentiality, etc. in light of the nature and purpose of the contract and in accordance with the relevant usage. Article 61 Indeterminate Terms。 (ii) the contract was grossly unconscionable at the time of its conclusion. If a party induced the other party to enter into a contract against its true intention by fraud or duress, or by taking advantage of the other party‘s hardship, the aggrieved party is entitled to petition the People‘s Court or an arbitration institution for amendment or cancellation of the contract. Where a party petitions for amendment of the contract, the People‘s Court or arbitration institution may not cancel the contract instead. Article 55 Extinguishment of Cancellation Right A party‘s cancellation right is extinguished in any of the following circumstances: (i) It fails to exercise the cancellation right within one year, mencing on the date when the party knew or should have known the cause for the cancellation。 (iii) The parties intended to conceal an illegal purpose under the guise of a legitimate transaction。 Conditions Subsequent。 Duty to Call Attention Where a contract is concluded by way of standard terms, the party supplying the standard terms shall abide by the principle of fairness in prescribing the rights and obligations of the parties and shall, in a reasonable manner, call the other party‘s attention to the provision(s) whereby such party‘s liabilities are excluded or limited, and shall explain such provision(s) upon request by the other party. Standard terms are contract provisions which were prepared in advance by a party for repeated use, and which are not negotiated with the other party in the course of concluding the contract. Article 40 Invalidity of Certain Standard Terms A standard term is invalid if it falls into any of the circumstances set forth in Article 52 and Article 53 hereof, or if it excludes the liabilities of the party supplying such term, increases the liabilities of the other party, or deprives the other party of any of its material rights. Article 41 Dispute Concerning Construction of Standard Term In case of any dispute concerning the construction of a standard term, such term shall be interpreted in accordance with mon sense. If the standard term is subject to two or more interpretations, it shall be interpreted against the party supplying it. If a discrepancy exists between the standard term and a nonstandard term, the nonstandard term prevails. Article 42 Precontract Liabilities Where in the course of concluding a contract, a party engaged in any of the following conducts, thereby causing loss to the other party, it shall be liable for damages: (i) negotiating in bad faith under the pretext of concluding a contract。 (ii) Where the offer is made in a nonoral manner, the acceptance shall reach the offeror within a reasonable time. Article 24 Commencement of the Period for Acceptance Where an offer is made by a letter or a telegram, the period for acceptance mences on the date shown on the letter or the date on which the telegram is handed in for dispatch. If the letter does not specify a date, the period mences on the posting date stamped on the envelop. Where the offer is made through an instantaneous munication device such as telephone or facsimile, etc., the period for acceptance mences once the offer reaches the offeree. Article 25 Contract Formed upon Effectiveness of Acceptance A contract is formed once the acceptance bees effective. Article 26 Effectiveness of Acceptance A notice of acceptance bees effective once it reaches the offeror. Where the acceptance does not require notification, it bees effective once an act of acceptance is performed in accordance with the relevant usage or as required by the offer. Where a contract is concluded by the exchange of electronic messages, the time of arrival of the acceptance shall be governed by Paragraph 2 of Article 16 hereof. Article 27 Withdrawal of Acceptance An acceptance may be withdrawn. The notice of withdrawal shall reach the offeror before or at the same time as the acceptance. Article 28 Late Acceptance An acceptance dispatched by the offeree after expiration of the period for acceptance constitutes a new offer, unless the offeror timely advises the offeree that the acceptance is valid. Article 29 Delayed Transmission of Acceptance If the offeree dispatched its acceptance within the period for acceptance, and the acceptance, which would otherwise have reached the offeror in due time under normal circumstances, reaches the offeror after expiration of the period for acceptance due to any other reason, the acceptance is valid, unless the offeror timely advises the offeree that the acceptance has been rejected on grounds of the delay. Article 30