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Shanghai Administration for Industry and Commerce
Shanghai Family Room Decoration Construction Contract Demonstration Text (2006 Edition)
Formulation:
Shanghai Construction and Transportation Commission
1. The text of this contract is based on relevant laws and regulations such as the "Contract Law of the People's Republic of China" and "Law of the People's Republic of China on Protecting Consumer Rights and Interests
The stipulated model text is prepared for reference by both parties with reference to the agreement. Please read it carefully before signing the contract.
Second, family home decoration is a larger one-time consumption of residents, involving a larger amount of the subject, a more professional, long contract performance period. for
To better safeguard the legitimate rights and interests of both parties, both parties should be cautious when signing contracts, and strive to be specific, comprehensive, and rigorous, and properly select the model text.
The options provided by the Exchange.
3. Before signing the contract, the contractor (Party A) shall examine the Contractor (Party B)'s Business License for Enterprise Legal Person and the Enterprise Qualification Certificate. With branch offices
(Divisions) Sign the contract. Except for the inspection of the “Business License†and the enterprise qualification certificate, the contract shall be affixed to the parent company of the branch company (division).
(With a legal personality unit) contract seal.
4. The decoration and decoration works in the family room shall not damage the load-bearing structure of the house and share the pipelines and facilities.
5. The date of opening and completion of Article 8 of Section 1 must be clear, which is related to the determination of liability for breach of contract.
6. According to the different levels of management and service provided by the decoration and decoration companies, the management fees may vary, but generally do not exceed 10% of the total price of the decoration.
VII. In the second “Materials supplyâ€, a list of materials shall be provided for Party A’s materials supply or Party B’s contracted materials, including the material’s name, brand, and regulations.
Cases, models, grades, quantity, unit price, and price; if Party A supplies materials, it is necessary to indicate the time of delivery and the place of delivery in the attachment.
VIII. Article 5 The first payment method of the project payment shall be paid in stages according to the progress of the project. The parties A and B can write in the contract if they agree otherwise.
Bright.
Nine, family room decoration Each end of the hidden project must be accepted, and must be signed on the acceptance of acceptance. Acceptance of general acceptance, A and B pairs
All parties must sign the acceptance form before they can be delivered for use. If a project fails, Party B shall rectify it until it is qualified.
X. When the project is completed and delivered for acceptance, Party B shall provide Party A with the “Project Warrantyâ€, and the warranty period shall be calculated from the date of completion acceptance.
The warranty period is not less than two years. The project of the contracting and packing materials implements the warranty for the entire project, and some of the contracted materials and materials guarantee the relevant parts.
The repairs and clearances of the contractors only implement the warranty for construction quality.
XI. Both A and B need to issue receipts for economic transactions. Upon completion of the acceptance of the payment, Party B must issue a unified tax invoice.
Twelve, family room decoration and decoration project supervision unit, quality inspection unit can build traffic network to Shanghai (http://)
Inquiry.
XIII. The model text of the contract shall be jointly formulated by the Shanghai Administration for Industry and Commerce and the Shanghai Municipal Construction and Transportation Commission. No unit or individual
Derived commercial purposes for unauthorized reprinting and selling.
14. The model text of the contract is a modified version of "Shanghai Family Home Decoration Decoration Construction Contract" (2001 edition), since March 15, 2006.
Use from day to day. This version will continue to be used until a new version is developed in the future.
Shanghai Family Room Decoration Construction Contract
Contract No:
Employer (referred to as Party A):
Contractor (abbreviated as Party B):
In accordance with the "Contract Law of the People's Republic of China", "Consumer Protection Law of the People's Republic of China" and other relevant laws and regulations, the
In accordance with the specific conditions of this project, Party A and Party B shall, on the basis of the principles of voluntariness, equality, fairness, and good faith, sign the agreement through mutual agreement.
contract.
The first project overview and cost
1. The housing of Party A decoration (hereinafter referred to as decoration) is legally owned.
Party A promises to have the right to decorate the house, and Party A shall bear all the consequences arising therefrom.
Party B is an enterprise that has been approved for registration by the administrative department for industry and commerce.
2. Decoration construction address area (county) Road Lane (village) building.
3. Housing structure Room type living room kitchen and kitchen balcony, set within the construction area of ​​square meters.
5. Decoration construction content: See Attachment 1 "Construction Construction Contents Table".
6. Contracting methods (including contracting, clearing, and partial contracting).
7. The total price of ¥ yuan, yuan (capital) yuan.
Including: material fee, labor fee,
Dismantle the fee yuan, clean, transport, transport fee yuan,
Other expenses yuan, management fee yuan,
Taxes (3.41%) yuan.
"Management fee" is the sum of the above fees (excluding taxes).
The “total price†is the amount of the confirmation of the design proposal and the project quoted price by Party A and Party B. Under normal circumstances, the increase and decrease of the completion settlement will not take place.
In the case of project changes, the budget price is not to exceed 5%.
After the signing of the contract takes effect, if the construction content and materials are changed, this part of the construction fund shall be calculated according to the actual amount.
8. Duration:
Work starts on the day of the month, and it will be completed by the end of the year.
The second material supply
1. Materials and Equipment Provided by Party A: See Attachment II, “Party-Supplied Materials and Equipment Tableâ€.
The materials and equipment that Party A is responsible for purchasing and supplying shall be qualified products that meet the design requirements. After the materials and equipment provided by Party A were delivered to the scene on time,
Both Party A and Party B shall go through the acceptance and handover procedures and Party B shall be responsible for safekeeping. The storage fee shall be agreed by both parties. In case of losses due to improper storage, Party B
Responsible for compensation.
2. The decoration materials and equipment purchased and supplied by Party A shall be used for the residential decoration as stipulated in this contract. Party A shall not use it for other purposes without the consent of Party A.
If Party B violates this rule, it will be compensated to Party A twice as much as the diversion of materials and equipment.
3. Materials and Equipment Provided by Party B: See Attachment 3, “List of Engineering Material Quotesâ€.
The materials and equipment provided by Party B shall be notified by Party A in advance of acceptance. If it is not accepted by Party A and it does not meet the requirements of the engineering material quotations, it shall be
No use. If it has been used, Party B shall be responsible for the losses caused to the project. Party A does not accept on time and should be regarded as acceptance, but does not release Party B from working
Responsibility arising from the purchase and use of materials for the main material quotations.
4. If Party B finds that the materials and equipment provided by Party A have quality problems or differences in specifications during the construction, Party B shall promptly submit it to Party A. Party A still said to use
Because of this, it caused the project quality problems and the responsibility was borne by Party A.
5. The materials provided by Party A or Party B shall comply with the "10 Mandatory National Standards for the Restriction of Harmful Substances in Interior Decoration Materials".
Article 3 Project Quality and Acceptance
1. This project implements the current National "Construction and Decoration Project Construction Code" and the current "Residential Decoration Acceptance Standard".
2. This project is designed by the party and provides construction drawings in one copy.
3. The quality of the materials and equipment provided by Party A was unqualified and affected the quality of the project. The rework cost was borne by Party A and the construction period was postponed.
4. Due to the quality accident caused by Party B, Party B shall bear the cost of rework, and the duration will not change.
5. During the construction process, Party A shall propose to change the design, increase or decrease the project, or change the materials and equipment, and must contact Party B in advance and sign the agreement.
Only after the "Project Change Order" (see Attachment IV "Project Change Order") can construction be carried out, so the completion date will be affected by A and B.
Both parties agreed. Where Party A secretly negotiates with the construction personnel or other management personnel to change the construction content and increase the consequences of the construction project,
Party A shall be responsible for its own losses; Party A shall indemnify Party A for losses.
6. Both Party A and Party B shall go through the inspection and acceptance procedures of concealed and intermediate works in a timely manner. Party A cannot participate in the inspection and acceptance according to the appointment date, and Party B shall
Weaving staff accept and accept, Party A should acknowledge. Afterwards, if Party A requests reinspection, Party B shall conduct the retest as required. If retest is passed, retest and
The rework cost shall be borne by Party A, and the construction period shall be postponed. The retest shall not be passed and the rework cost shall be borne by Party B. The construction period shall not be changed.
7. After the completion of the project, Party B shall notify Party A to organize acceptance within seven days. If the acceptance is passed, the procedures for acceptance inspection shall be handled (see Attachment 5).
"Acceptance order"), and Party A shall pay the full price according to the agreement. If Party A cannot organize acceptance within the specified time, Party B shall promptly notify Party B.
The date of acceptance. If the acceptance of the project is passed, Party A shall acknowledge the original date of completion of the project and assume Party B’s care costs and other related expenses. Decoration engineering
Without acceptance or acceptance, Party A shall have the right to reject and Party B shall bear the responsibility for rework and postponement of delivery.
8. After the completion acceptance of the project, Party A shall provide Party A with the "Project Warranty" after Party A pays off the project's final payment (see Annex VII "Project Warranty".
single"). The warranty period is based on the content of the tenth article of the model text "Explanation of use". The agreement is for the year. Party B also provides the pipeline construction drawings and other funds.
material. Warranty is carried out on the basis of the warranty, and the warranty period starts from the date of completion acceptance by signing or sealing.
9. The payment of indoor air quality testing fees shall be agreed between Party A and Party B in Article 10 of this Contract.
Article 4 Safe Production and Fire Prevention
1. The construction drawings or construction instructions provided by Party A and the construction site shall comply with the requirements of fire prevention and accident prevention, and shall mainly guarantee the electrical lines and gas pipelines.
Water supply and drainage and other pipelines are unobstructed and qualified. Party B shall take necessary safety protection and fire prevention measures during construction to ensure that the operating personnel and neighboring residents
The safety will prevent accidents such as clogging of pipelines, leakage of water, water cuts and power outages, and destruction of objects in neighboring residential buildings. In the event of the above, the genus
If Party A is responsible, Party A shall be responsible for repair or compensation; Party B shall be responsible for repair or compensation.
2. Both Party A and Party B shall comply with the relevant regulations for decoration and decoration and property management. They shall not alter the load-bearing structure of the house without authorization and dismantle and replace the common pipe.
Lines and facilities.
Article 5 Project Costs and Settlement
1. Both parties agreed to pay the project payment in the following way:
(1) Payment for construction payments as shown in the table below: Construction payment schedule
project progress
Payment time
Payment ratio
Amount
Recognition of budget and design plan
The date of signing the contract
%
yuan
in construction
Water, electricity and pipeline hidden projects passed acceptance
%
yuan
More than half of the construction period
Painter before entering the field
%
yuan
Completion acceptance
Acceptance of the day of acceptance
%
yuan
Increase project
When signing a project change order
%
yuan
(2) Negotiation agreement for the payment of the project payment:
2. Party A pays Party B to issue the receipt and Party A shall save it. After the completion of settlement, Party B shall collect the return receipt and issue a unified tax invoice to Party A.
3. Project settlement: See Attachment VI "Project Settlement Statement".
Article 6 Construction Cooperation
1. Party A's work:
(1) Before the decoration works, apply for registration to the property management company in the construction site.
(2) Party A shall vacate the whole or part of the house three days before the start of construction to clear the obstacles affecting the construction. Detention in houses that can only be partially vacated
The furniture, furnishings, etc. should take protective measures. Provide Party B with necessary conditions for water, electricity, etc. required for construction, and explain the precautions for use.
(3) Do a good job in the construction of the temporary occupation of common parts and affect the coordination of the neighborhood and other coordination work.
(4) Before the construction of the project, Party A shall hand over the keys to the houses to Party B for safekeeping. When the project is delivered, Party A shall provide a new lock. Party B shall be responsible for the installation on the spot.
Delivery.
(5) If any property management company in the construction site receives a deposit, Party A shall pay it in advance. As in the entire construction process, due to B
Party B caused the deposit paid by Party A to be confiscated by the property and Party B shall make full compensation for the confiscated portion.
(6) Party A shall notify the property management company of the construction site of the provisions concerning property management so that Party B can comply with the implementation.
2. Party B's work:
(1) Check the water, electricity, gas, pipeline, building (ground) surface, and wall surface before starting construction. Party A shall promptly notify Party A of any problem found, and Party A shall be responsible for solving and
coordination.
(2) No noise construction work shall be carried out before 7 o'clock in the morning and after 7 o'clock in the evening.
(3) Organize Party B to participate in the construction drawings or construction instructions on the spot.
(4) Party B is responsible for cleaning up the garbage generated during construction and stacking it at the location designated by the property management company.
(5) Appointed as Party B site representative, fully responsible for the performance of the contract, organize the construction according to the requirements, ensure the quality, quantity, and time
Construction tasks. In case of replacement of personnel, Party B shall promptly notify Party A.
3. As a result of Party A’s reasons, a large number of construction projects, changes in construction content, decoration materials and equipment during construction shall be promptly agreed by Party A and Party B.
The corresponding extension of the construction period.
Article 7 Liability for breach of contract
1. If the quality of the project is not in conformity with the agreement due to the cause of Party B, Party A is entitled to request Party B to repair or rework without compensation within a reasonable time limit. After repair or
After the rework, resulting in overdue delivery, Party B shall bear the liability for breach of contract.
2. In case of overdue delivery of the project due to Party B's reasons, Party B shall compensate Party A for each overdue day.
3. Party B shall arbitrarily alter or modify the building's load-bearing structure or share pipelines and facilities. The resulting losses or accidents (including fines) shall be the responsibility and responsibility of Party B.
responsibility.
4. If the materials and equipment provided by Party B are fake and shoddy products, Party A shall compensate party A according to double the price of materials and equipment.
5. Party A did not go through relevant formalities and forced Party B to demolition of the original building load-bearing structure or shared pipelines and facilities. Party B should refuse construction. Party B did not
If any loss or accident (including fines) occurs during construction rejection, Party B shall bear joint and several liabilities.
6. Due to the delayed start of work or stoppage of work caused by Party A's reasons, Party B may extend the completion date of the project and have the right to claim compensation for work stoppages and work loss.
Lost. For every stoppage and workday, Party A shall pay compensation to Party B.
7. If Party A fails to accept the concealed and completed project as agreed, Party B may extend the completion date and delivery date of the project and have the right to claim compensation.
Loss of work, labor, etc. Every one day of overdue, Party A shall pay compensation to Party B.
8. If Party A fails to make payments according to the contractual time, Party A shall compensate Party B for each day of overdue period, and the duration of the project shall be postponed.
9. If the project does not go through the acceptance and settlement procedures, Party A shall use it in advance or be admitted without permission. This will cause Party A to be responsible for the failure to accept and lose.
Article 8 Dispute Handling
1. During the performance of this contract or during the warranty period, disputes will arise between the parties concerned through negotiation; it may also be directed to the Shanghai Consumer Protection Committee.
The association or the Shanghai Decoration Industry Association will apply for mediation.
2. If the parties are unwilling to resolve through consultation or mediation, or if consultation or mediation fails, they shall be resolved in the following way:
(1) Apply to Shanghai Arbitration Commission for arbitration.
(2) Filed a lawsuit in the People's Court.
Article 9 Changes and Cancellation of Contracts
1. After both parties have signed and signed the contract, both parties must strictly abide by it. Any party needs to change the contents of the contract and should sign a supplementary agreement after the agreement is reached.
protocol. Before the construction of the contract, if one party wants to terminate the contract, it shall submit it in written form and pay the liquidated damages according to the total price of the contract.
Terminate the contract procedure.
2. In the construction process, either party shall terminate the contract and must submit it in writing to the other party. After the two parties agree to complete the liquidation formalities, the termination agreement shall be concluded.
With the agreement, and the party responsible for compensation in accordance with the total price of the contract for compensation, to terminate this contract.
Article 10 Other Conventions
1.
2.
3.
4.
5.
Article 11 Supplementary Provisions
1. This contract will take effect after both parties sign and seal the seal.
2. After the signing of this contract, the project may not be subcontracted.
3. This contract is made in one copy. Both parties A and B hold one copy. The contract attachment is an integral part of the contract and has the same legal effect.
Article 12 Contract Annexes
Attachment 1: Decoration construction content table (ground parts, wall parts, ceiling parts, door and window parts, furniture, toilets, kitchens, weak electricity,
Plumbing, other requirements);
Annex II: Party A provides materials and equipment tables (material or equipment name brand, specification and model, quality grade, unit, quantity, delivery time, delivery
Reach location, remarks);
Annex III: Quotation list for main engineering materials (specifications, models, brands, grades, quantities, units, unit prices, and prices for decoration and decoration materials);
Attachment 4: Engineering project change orders (changed content, original price, new price, increase or decrease amount);
Attachment 5: Engineering Quality Acceptance Receipt (Date, Name of Inspection Project, Inspection Result, Party A's Signature, Party B's Signature);
Attachment 6: Project settlement statement (project contract cost, change addition item, change reduction item, project settlement amount, Party A paid amount, Party A
The amount payable to Party B and Party A's amount due to Party A);
Attachment 7: Engineering Warranty (company name, contact phone number, user's name, contact number, contract number, address of the decoration project, construction unit negative
Responsible person, person in charge of construction site, date of completion of construction, date of completion acceptance, date of delivery of project, warranty period).
Both sides of the contract should have the signatures of both parties and the specific date of signing. If the company has other attachments to the contract, the contents should include the model contract listed above.
Attachment content.
Party A (signature): Party B (signature):
Legal representative:
Attorney: Attorney:
Address: Address:
Phone: Phone:
Zip Code: Zip Code:
Date of signing: Year, month, day
place of signing: