State Administration for Industry and Commerce, Measures for Monitoring and Dealing with Illegal Acts Related to Contracts

国家工商行政管理总局合同违法行为监督处理办法

November 09, 2010 | BY

clpstaff &clp articles

Consumer rights protected when signing standard contract clauses.

Clp Reference: 2200/10.10.13 Promulgated: 2010-10-13 Effective: 2010-11-13

Promulgated: October 13 2010
Effective: November 13 2010

Main contents: If a business operator uses standard clauses to conclude a contract with a consumer, it may not exempt itself from the following liabilities in those standard clauses:

(1) liability for causing personal injury to the consumer;

(2) liability for causing property loss to the consumer due to a deliberate act or gross negligence;

(3) warranty liability that it is required to bear in accordance with the law for the goods or services it provides;

(4) liability for breach of contract that it is required to bear in accordance with the law for a breach of contract; or

(5) other liability it is required to bear in accordance with the law (Article 9).

Related legislation: PRC Contract Law, Mar 15 1999, CLP 1999 No.4 p.19

clp reference:2200/10.10.13
prc reference:工商总局令第51号
promulgated:2010-10-13
effective:2010-11-13

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