Article 310 When claiming the goods, a consignee shall inspect the goods within the agreed time limit in the contract. Where there is no agreement in the contract on the
time limit or such agreement is unclear, nor can it be determined according to Article 61 of this Law, the consignee shall inspect the goods within a reasonable time limit.
The failure of the consignee to make any claims on the amount, damage or losses of the goods within the agreed time limit or within a reasonable time limit, shall be deemed
as the preliminary evidence that the carrier has delivered the goods in conformity with the statements indicated on the carriage documents.
Article 311 A carrier shall be liable for damages for the damage to or destruction of goods during the period of carriage unless the carrier proves that the damage to or
destruction of goods is caused by force majeure, by inherent natural charactes of the goods, by reasonable loss, or by the fault on the part of the shipper or consignee.
Article 312 The amount of damages for the damage to or destruction of the goods shall be the amount as agreed on in the contract by the parties where there is such an
agreement. Where there is no such an agreement or such agreement is unclear, nor can it be determined according to the provisions of Article 61 of this Law, the market price
at the place where the goods are delivered at the time of delivery or at the time when the goods should be delivered shall be applied. Where the laws or administrative
regulations stipulate otherwise on the method of calculation of damages and on the ceiling of the amount of damages, those provisions shall be followed.
Article 313 Where more than one carriers take a connect carriage in the same manner of transportation, the carrier who concludes the contract with the shipper shall bear the
liability for the entire transport. Where loss of goods occurred in a specific section, the carrier who concludes the contract with the shipper and the carrier who is
responsible for the specific section shall bear joint and several liability.
Article 314 Where the goods are destroyed due to force majeure during the period of carriage and the freight has not been collected, the carrier may not request the payment
of the freight. Where the freight has been collected, the shipper may request the refund of the freight.
Article 315 Where the shipper or the consignee fails to pay the freight, storage expense and other carriage expenses, the carrier is entitled to lien on the relevant carried
goods except as otherwise agreed upon in the contract.
Article 316 Where the consignee is unclear or the consignee refuses to claim the goods without justified reasons, the carrier may have the goods deposited according to the
provisions of Article 101 of this law.
SECTION 4 CONTRACTS FOR MULTI-MODAL TRANSPORTATION
Article 317 A multi-modal transportation business operator shall be responsible for the performance or the organizing of performance of the multi-modal transportation
contract, enjoy the rights and assume the obligations of the carrier for the entire transport.
Article 318 A multi-modal transportation business operator may enter into agreements with the carriers participating in the multi-modal transportation in different sections
of the transport on their respective responsibilities for different sections under the multi-modal transportation contract.
Article 319 A multi-modal transportation business operator shall issue multi-modal transportation documents upon receiving the goods from the shipper. The multi-modal
transportation documents may be negotiable or non-negotiable, as requested by the shipper.
Article 320 Where a multi-modal transportation business operator suffers losses due to the fault of the shipper when shipping the goods, the shipper shall bear the liability
for damages even if the shipper has transferred the multi-modal transportation documents to other parties.
Article 321 Where the damage to, destruction or loss of goods occurres in a specific section of the multi-modal transportation, the liability of the multi-modal
transportation business operator for damages and the limit thereof shall be governed by the relevant laws on the specific model of transportation used in the specific
section. Where the section of transportation in which the damage or destruction or loss occurred can not be identified, the liability for damages shall be governed by the
provisions of this Chapter.
CHAPTER 18 CONTRACTS FOR TECHNOLOGY
Article 322 A technology contract refers to a contract that the parties conclude for purpose of establishing rights and obligations of the parties regarding technology
development, technology transfer, technical consultancy and technical services.
Article 323 The conclusion of a technology contract must facilitate the progress of science and technology, accelerate the commercialization, application and dissemination
of the achievements of science and technology.
Article 324 The contents of a technology contract shall be agreed upon by the parties, and shall contain the following clauses in general:
(1) title of the project;
(2) contents, scope and requirements of the targeted object;
(3) plan, schedule, time period, place, areas covered and manner of performance;
(4) maintenance of confidentiality of technical information and materials;
(5) sharing of liability for risks;
(6) ownership of technological achievements and method of sharing proceeds;
(7) standards and method of inspection and acceptance;
(8) price, remuneration or royalties and method of payment;
(9) damages for breach of contract or method for calculating the amount of compensation for losses;
(10) methods for settlement of disputes; and
(11) interpretation of technical terms and expressions.
Background materials on the technology, reports on feasibility studies and technological appraisals, project descriptions and plans, technological standards, technological
specifications, original designs and documents on technological processes, as well as other technology files relevant to the performance of the contract may be deemed as an
integral part of the contract as agreed upon by the parties in the contract.
Where a technology contract involves patents, the title of the invention or creation, the patent applicant and the patentee, the date and number of application, the patent
number as well as the valid time period of patent rights shall be indicated.
Article 325 The method of payment of price, remuneration or royalties in the technology contract shall be agreed upon by the parties. The parties may agree on the method of
an overall calculation and one time payment, or of an overall calculation and payment by installment. They may also agree on the method of proportionate payment or such
payment plus an advance payment of entrance fee.
Where the method of proportionate payment is agreed upon in the contract, the payment may be made according to a specific proportion to the price of the product, to the
increased value of output derived from exploitation of the patent or from use of the know-how, to the profit or to the sales. They may also agree on other methods of
calculation. The proportion may be a fixed proportion, or a proportion with yearly progressive increase or decrease.