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[Interpretation of the Special Equipment Safety Law] Article 29

2021-02-23View Original

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Article 29 The obligations regarding the use management and maintenance of special equipment during the lease period shall lie with the lessor of such equipment, unless otherwise provided by law or agreed upon by the parties. Interpretation of the provision: This article deals with the responsibilities regarding use management and maintenance during the rental period of special equipment. This law first stipulates that the lessor shall bear the responsibility. The leasing party is generally the owner of the special equipment and should be responsible for its use, management, and maintenance; in other words, what should be provided to the lessee are special equipment that are legal and safe to use. The relationship between the lessor and the lessee is generally referred to as a leasing relationship. There are generally two forms of leasing. The first is that the lessor only provides the equipment, while the actual operation is carried out by the lessee. This format includes long-term rentals as well as short-term temporary rentals. The second option is to provide both the equipment and the personnel; that is, the equipment leased is operated by the staff of the leasing party, and this is usually for temporary use. Operation management includes usage registration, the storage of data and documents, submission for regular inspections, carrying out repair work, safety management as well as the allocation, training, and certification of operators, self-inspections, and the calibration and maintenance of safety accessories and protective devices. Maintenance, as an important task in usage management, is specifically mentioned in this clause. These tasks, as short-term or temporary rentals, are generally the responsibility of the leasing party ; For long-term leases, the leasing party can also be responsible. The requirements regarding these responsibilities during the lease period shall be clearly stipulated in the special equipment lease contract. Of course, the entity renting the equipment also needs to assume certain responsibilities for its operation. In the case of long-term leases, the lessee may be required to assume corresponding responsibilities in addition to those specified by this regulation for users, including those related to the registration process for using the property. These requirements must be clearly specified by the lessor in the lease agreement. In a lease contract, if there are no provisions or the provisions regarding use, management, and maintenance are unclear, the responsibility lies with the lessor. At present, there is no specific law regarding equipment leasing. Chapter 13 of the Contract Law of the People’s Republic of China, which deals with lease contracts, specifies the definition of lease contracts, their contents, requirements regarding duration, and the responsibilities of both parties involved in the lease. Chapter 4 also contains provisions regarding finance lease contracts. Special equipment lease contracts must also meet their basic requirements. The construction authorities also set certain requirements regarding the rental of construction equipment, including lifting machinery; some of these authorities even provide model contracts. If the law or the parties involved have other provisions or agreements regarding the use, management, and maintenance of special equipment during the rental period, such provisions or agreements shall be followed.

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