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How to compensate for the loss caused by power failure?
Contract law of the people's Republic of China
Article 180 When a power supplier needs to interrupt power supply due to planned maintenance, temporary maintenance, power restriction according to law or illegal power use by power users, it shall notify power users in advance in accordance with relevant state regulations. If the power supply is interrupted without notifying the user in advance, causing losses to the user, it shall be liable for damages.
Article 181 In case of power failure due to natural disasters and other reasons, the power supplier shall promptly repair it in accordance with relevant state regulations. If it is not repaired in time and causes losses to power users, it shall be liable for damages.
People's Republic of China (PRC) electricity method
Twenty-ninth power supply enterprises should continue to supply power to users without interruption when the power generation and power supply system is normal. When power supply needs to be interrupted due to maintenance of power supply facilities, power restriction according to law or illegal use of electricity by users, power supply enterprises shall notify users in advance in accordance with relevant state regulations.
Users who have objections to the interruption of power supply by power supply enterprises may complain to the power management department; The electric power administrative department that accepts the complaint shall handle it according to law.
Fifty-ninth electric power enterprises or users who violate the power supply contract and cause losses to the other party shall be liable for compensation according to law.
If an electric power enterprise violates the provisions of Article 28 and Paragraph 1 of Article 29 of this Law, fails to guarantee the quality of power supply or fails to notify users in advance to interrupt power supply, thus causing losses to users, it shall be liable for compensation according to law.
Extended data outage compensation case:
Power failure 105 days when the leased house opened a branch, resulting in operating losses. Dicos Food Co., Ltd. (hereinafter referred to as "Dicos") sued the lessor to Fengtai Court for compensation. Fengtai Court finally partially supported Dicos' appeal.
Dicos said that after it signed a contract with Pengcheng Feng Wan Trading Company at the end of June 38, 2009, both parties fulfilled their contractual obligations. However, on February 20, 20 12, the trading company suddenly sent a letter to inform that other owners were in arrears with electricity charges, which affected the payment to the power supply bureau and stopped power supply.
During the power outage on 105, Dicos had to rent temporary generators to maintain its business, resulting in huge economic losses. Dicos asked the trading company to compensate for the losses caused by the power outage, amounting to nearly 400,000 yuan.
The trading company claimed that the power outage was caused by Dicos' arrears in rent, but it did not agree with its claim before its breach of contract. After hearing the case, the court held that the failure of the trading company to ensure the normal electricity consumption of the leased site during the performance of the contract constituted a breach of contract and should bear the liability for breach of contract. The trading company should compensate Dicos for the cost of renting generators.
In the end, the court ruled that the trading company compensated Dicos for 90,000 yuan.
Baidu Encyclopedia-People's Republic of China (PRC) and China Electric Power Law
Baidu Encyclopedia-People's Republic of China (PRC) Contract Law
People's Daily Online-Renting a house and opening a branch but encountering a power outage 105 days. Dicos claims for losses.
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