Article 30 Acceptance Containing Material Change
The terms of the acceptance shall be identical to those of the offer. A purported acceptance dispatched by the offeree which materially alters the terms of the offer constitutes a new offer. A change in the subject matter, quantity, quality, price or remuneration, time, place and method of performance, liabilities for breach of contract or method of dispute resolution is a material change to the terms of the offer.
Article 31 Acceptance Containing Non-material Changes
An acceptance containing nonmaterial changes to the terms of the offer is nevertheless valid and the terms thereof prevail as the terms of the contract, unless the offeror timely objects to such changes or the offer indicated that acceptance may not contain any change to the terms thereof.
Article 32 Time of Formation in Case of Memorandum of Contract
Where the parties enter into a contract by a memorandum of contract, the contract is formed when it is signed or sealed by the parties.
Article 33 Time of Formation in Case of Letters or Electronic Messages; Confirmation Letter
Where the parties enter into a contract by the exchange of letters or electronic messages, one party may require execution of a confirmation letter before the contract is formed. The contract is formed upon execution of the confirmation letter.
Article 34 Place of Formation; Electronic Messages
The place where the acceptance becomes effective is the place of formation of a contract.
Where a contract is concluded by the exchange of electronic messages, the recipient's main place of business is the place of formation of the contract; if the recipient does not have a main place of business; its habitual residence is the place of formation of the contract. If the parties have agreed otherwise, such agreement prevails.
Article 35 Place of Formation in Case of Memorandum of Contract
Where a contract is concluded by a memorandum of contract, its place of formation is the place where the parties sign or seal the contract.
Article 36 Effect of Failure to Conclude Contract in Writing
Where a contract is to be concluded by a writing as required by the relevant law or administrative regulation or as agreed by the parties, if the parties failed to conclude the contract in writing but one party has performed its main obligation and the other party has accepted the performance, the contract is formed.
Article 37 Effect of Failure to Sign in Case of Memorandum of Contract
Where a contract is to be concluded by a memorandum of contract, if prior to signing or sealing of the contract, one party has performed its main obligation and the other party has accepted the performance, the contract is formed.
Article 38 Contract under State Mandatory Plan
Where the state has, in light of its requirements, issued a mandatory plan or state purchase order, the relevant legal persons and other organizations shall enter into a contract based on the rights and obligations of the parties prescribed by the relevant laws and administrative regulations.