1. The consulting proposal, design scheme, analysis and investigation conclusion and feasibility report completed by the trustee of the technical consulting contract for the client are the analysis, demonstration and prediction of the technical project by the trustee according to his own technical knowledge, information and experience, which are only for reference when the client makes decisions, and are not the technical research results that can be directly put into practice.
2. The performance of the technical consulting contract lags behind. The client only implements it after the consultant submits the consultation report or opinion, and the social objective situation is complex and changeable. Whether the consultation report or opinion can adapt to the actual situation and play a guiding role in practice remains to be tested by practice.
3. After the correct consultation report or opinion is put into practice, corresponding measures should be taken according to the actual situation, and sometimes necessary amendments and supplements should be made. However, the trustee of a technical consulting contract generally does not participate in the decision-making and implementation of the technical project by the client. Therefore, the trustee shall not be responsible for the losses caused by the decision made by the client according to the consulting report and opinions and put it into practice. However, unless otherwise agreed in the contract.
Article 359 of the Contract Law stipulates that the loss caused by the decision made by the client of a technical consulting contract according to the consulting report and opinions of the agent who meets the agreed conditions shall be borne by the client, unless otherwise agreed by the parties. The purpose of this regulation is to encourage the trustee to actively provide consulting opinions to the client, but the trustee cannot make irresponsible consulting reports and opinions without investigating the technical projects entrusted by the client.