Taizhou residential decoration and construction contract
Party A:
Signing time:
Party B:
Signing place:
In order to standardize the decoration and decoration of residential buildings and protect the legitimate rights and interests of both parties, according to the "Contract Law of the People's Republic of China", "The Consumer Protection Law of the People's Republic of China", the Ministry of Construction Order No. 110, "Administrative Measures for Residential Interior Decoration" and other related The principles stipulated by laws and regulations, combined with the specific conditions of the project, the two parties reached the following agreement and abide by.
I. Project Overview
1. Conditions for both parties:
Party A's renovated housing is legally inhabited. Party B is the unit approved by the industrial and commercial administration authority for the city and has obtained the residential decoration and decoration qualification certificate issued by the real estate management department.
2, decoration construction site: District Road Building Room.
3. Household structure: Room structure, square meter of building area.
4. Decoration construction content: See Attachment File 1 "Construction Content Table" for details.
5. Contracting method: .
6. This project is designed.
7. Construction period: The project deadline is started from the date of the year and the year is completed.
Second, the project price and settlement method
1. Total price: Yuan, tax. If the construction content is changed by both parties, the engineering price of the changed part shall be calculated separately.
2. Within two days of the signing of the contract, Party A shall pay 60% of the total price, counting the yuan. Before the construction period to the woodwork all the closing paint workers enter the scene, Party A pays 35% of the total price, counting. Within two days after the completion of the project is completed, Party A shall pay 5% of the total price, counting.
Third, the construction preparation and the obligations of both parties
1. Before the commencement of work, Party A shall register with the property management unit or the property right unit for registration; if it is necessary to change the structure and use nature of the house, the unit with corresponding qualifications shall be required to issue an appraisal and reinforcement plan, and after approval by the real estate management department, the house shall be acquired. Renovation permit.
2. Party A shall make an on-site payment to Party B the day before the start of construction. Empty the houses, remove obstacles that affect the construction, and take protective measures for the furniture and furnishings that are left in the houses that can only be partially vacated. Provide Party B with water and electricity required for construction, and explain the precautions for use.
3. Coordinate the work of temporarily using common parts during construction and generating behaviors that affect neighborhoods.
4. Appointed as the representative of Party A, responsible for the performance of the contract, supervision, acceptance, change, registration procedures and other matters for the quality and progress of the project.
Party B's work
1. On-site disclosure of Party A's construction drawings or practices, drafting plans and schedules, and submitting them to Party A for approval.
2. Assigned as a representative of Party B and responsible for the performance of the contract. Organize the construction as required, guarantee the quality, quantity and complete the construction tasks on time, and solve all the matters that Party B is responsible for.
3. The structure and use of the house shall not be arbitrarily changed without the consent of Party A and the approval of the local real estate management department.
4. Signed the “Residential Interior Decoration Management Service Agreement” with the local property management unit.
5. Strictly implement the regulations on construction site management, and must not disturb the people and pollute the environment.
Fourth, the supply of materials
1. Materials provided by Party A: See Attachment File 2 “List of Materials and Equipment Provided by Party A”. The materials and equipment that Party A is responsible for purchasing and supplying shall be qualified products that meet the design requirements and must meet the national standards. The quality and environmental protection inspection certificate and the product name, specification, model number, manufacturer's name, and factory address with Chinese logo shall not be subject to the construction decoration materials and equipment that have been eliminated by the state. It should be supplied to the site on time, and Party B should go through the acceptance procedures. If the materials or equipment supplied by Party A are inferior in quality problems or specifications, or if the relevant certificates cannot be provided, Party B shall promptly submit to Party A in writing, and Party A still indicates that it is used, and if it is approved in writing, it may continue to be used, resulting in engineering losses. The responsibility shall be borne by Party A.
2. Materials provided by Party B: For details, please refer to the materials provided by Party B in the Attachment File 3 “List of Materials Provided by Party B”. It must meet the national standards, have the quality and environmental protection inspection certificate and the product name, specification, model and manufacturer of the Chinese logo. Names, sites, etc., shall not use the building decoration materials and equipment that have been eliminated by the State, and shall be approved by Party A for use in the decoration of the house as stipulated in this contract, and may not be used for other purposes without the consent of Party A. If the materials provided by Party B are fake or inferior commodities, they shall be compensated to Party A at double the price of the materials provided.
If the materials and equipment provided by Party B are inconsistent with the requirements of quality and environmental protection or the specifications, it shall be prohibited from being used. If it has been used, Party B shall be responsible for the losses caused to the project.
5. The construction drawings or practices provided by Party A and the construction site shall be in compliance with fire prevention. The requirements for accident prevention mainly include the smooth and qualified electrical, communication lines, gas pipelines, tap water and other pipelines. Party B shall take necessary safety protection and fire-fighting measures during construction to ensure the safety of operators and neighboring residents and prevent blockage of pipes in adjacent residential buildings. Accidents such as water leakage, power outages, and damage to items. Wastes such as solids and flammable liquids formed during the shipping repair process shall be stacked and removed in accordance with the specified location, manner and time. If the above situation occurs and Party A is responsible, Party A shall be responsible for compensation; if Party B is responsible, Party B shall be responsible for repair and compensation.
Party B shall strengthen safety production and civilized construction during construction. Party B shall be responsible for any work-related injuries and deaths.
VI. Changes in construction contents and construction period In the construction process, Party A shall contact Party B in advance when designing revision opinions and additions and subtractions of the project. After signing the “Engineering Project Change Order”, the construction of the project can be carried out. If the cost increase or decrease or the construction period changes, it shall be agreed by both parties. Party A shall compensate Party A for any loss caused by Party A's private agreement with the worker to change the construction content. Party A shall be responsible for the loss caused to Party B.
VII. Measures for project quality and completion acceptance
1. The project is based on the construction drawings, practice descriptions, design changes and the “Code for the Construction Quality of Residential Decoration Engineering” as the quality assessment acceptance criteria.
2. After the completion of the decoration and decoration project, the project quality and environmental protection requirements shall comply with relevant national standards.
3. Due to the quality of the project caused by Party A, the rework costs will be borne by Party A and the construction period will be postponed.
4. Due to the quality accident caused by Party B, the rework cost will be borne by Party B and the construction period will remain unchanged.
5. Party B shall promptly notify Party A to go through the procedures for inspection and acceptance of concealed works and intermediate works. Party A shall not participate in the acceptance inspection according to the date specified in the appointment, and Party B shall organize personnel to conduct the inspection and acceptance, and Party A shall acknowledge in writing.
6. After the completion of the project, Party B shall promptly notify Party A of the acceptance, and Party A shall accept the acceptance within seven days after receiving the acceptance notice.
Eight, liability for breach of contract
1. After the signing of this contract takes effect, both parties shall perform the terms and conditions stipulated in the contract and may not change or cancel it without authorization. Otherwise, the defaulting party will pay 10% of the total project cost of the other party, and bear the other consequences. Economic losses.
2. Party A shall compensate Party B for work stoppage due to delay in construction or stoppage due to Party A's reasons. The losses caused by the work. For each day of work stoppage or work, Party A shall pay 1% of Party B's project price; if Party A fails to pay according to the contract, each time overdue, the liquidated damages shall be paid at 1‰ of the project price.
3. Due to overdue completion due to Party B's reasons, Party B shall pay Party A's engineering price for 1 day.
4. Party A shall, without the consent of Party B, change Party's structure and nature of use without authorization, and Party A shall be responsible for and bear the losses caused by the losses or accidents.
Nine, engineering warranty
1. The “double package” project for all-inclusive labor and materials is calculated from the date of completion acceptance and acceptance, and the warranty period is two years. The warranty period shall be calculated from the date when the residential interior decoration project is completed and accepted.
2. Due to the quality problem caused by Party B, Party B will perform maintenance unconditionally.
3, due to improper use of Party A damage, or can not be used normally, is not covered by the warranty.
4. The warranty form shall be valid after signing and stamping by both Party A and Party B.
X. Disputes Dealing with disputes over residential interior decoration projects may be settled through negotiation or mediation. If it is unwilling to negotiate, mediate or negotiate, and the mediation fails, the parties may deal with it in the following manner.
Submitted to the Taizhou Arbitration Commission for arbitration;
Prosecuting in a people's court according to law;
XI. Other agreed matters
1,
2,
12. This contract is in duplicate and has the same legal effect. The subordinated file of the contract is an integral part of this contract.
person A person B:
Name: Unit Name:
Address: Legal representative:
Address: Attorney:
Zip code: Zip code:
Phone: Phone:
Business license number:
Residential decoration enterprise qualification certificate number:
Bank of deposit:
account number:
Tax ID:
Attachment file of the year, month and day: Attachment file 2 of the construction contents table: Attachment file of the materials and equipment list provided by Party A: List of materials provided by Party B Attachment file 4: Project change list Attachment file 5: Project quality acceptance form Attached file VI : Engineering Warranty Attachment File 7: Construction Business Notice Supplementary Provisions Party A:
Party B:
As agreed by both parties, the following clauses are supplemental to the "Taizhou Home Decoration Project Construction Contract" and have the same legal effect as the "Master Contract".
1. All the agreements between Party A and Party B have signed a written agreement, and all verbal commitments are invalid.
2. Both Party A and Party B are responsible for verifying the project and the amount of work. Party B's construction project for Party A shall be subject to the project written on the quotation. The amount of work shall be subject to the actual occurrence of the project.
3. If there is water leakage after the acceptance of the project, if it is the construction cause of Party B, Party B shall be responsible for repairing and bearing the corresponding damages: If it is Party A's reasons, Party B shall not be responsible.
4. Party B shall abide by the relevant provisions of Party A's property department. Party B shall be responsible for any losses caused to Party A in violation of relevant regulations.
5. The designer of Party B is responsible for providing consulting, design and quotation services to Party A, and signing the “Master Contract” on behalf of Party B and Party A. After the contract is signed, Party B shall execute the inspection of the project dispatched by Party B's engineering department. Party A's work on the project is resolved through inspection by Party B to ensure command and management in the project.
6. The construction personnel of Party B shall carefully check and protect the on-site items of Party A, and both parties shall sign the “list of items”. After the identification, Party B shall bear the loss of Party A if it is found to be lost or destroyed. Party A shall remove the original telephone equipment and other equipment before starting work.
7. The main materials and equipment purchased by Party B shall be qualified products that meet the design requirements, and shall be supplied to the construction site on time, such as the materials supplied by Party A, the quality problems or specifications of the equipment, and the losses caused to the project. Party A is responsible. If you need Party B to purchase, you will be charged a 10% service charge and shipping fee.
8. The main materials and equipment purchased by Party B in this project must indicate the quality standard in the quotation and be signed and approved by Party A. If the actual feed does not match the quotation, it shall be prohibited from being used, and Party B shall be responsible for the losses caused to the project.
9. In the process of construction, Party A shall designate the material supplier, and the return, exchange and delay of the construction period caused by the quality problems of the materials shall be borne by Party A. Where the materials provided by Party B, the above problems are caused by Party B. Be responsible for.
X. Except as indicated in the contract, hardware, stone, ceramic tiles, equipment, lamps, etc. shall be supplied to the construction site by Party A. If you need Party B to purchase, you will be charged a 10% service charge and shipping fee.
XI. Where sand ash wall fabrics, light quality partition walls and external wall insulation walls have more serious cracking factors, they must be affixed with beancloth cloth to be treated with good cloth, and serious parts need to be affixed with gypsum board to ensure The wall will not be cracked, and the above costs will be borne by Party A. The sand ash wall surface cannot be directly affixed to the brick. It is necessary to remove the surface layer and re-polished the bottom layer before tiling. In case of this situation, additional costs will be added.
12. During the construction period, due to the materials provided by Party A or the installation of floors, cabinets, electrical appliances, etc., which affect the progress of the project, the construction period will be postponed. Party B does not assume the responsibility for extension.
13. If Party A proposes design revision opinions and increases or decreases the project during the construction process, it shall contact the representative of Party B in advance to carry out the construction after the parties have signed the change. Party A has to bear all the consequences caused by Party A directly agreeing with the on-site construction personnel to change the construction content. Party B strictly prohibits the construction team from making private transactions with anyone, and please cooperate with Party A.
14. After the contract is signed, Party A's reduction exceeds 5% of the total construction cost, and Party A shall pay Party B a change fee of 35% of the change item. If Party B's materials used by Party A have been ordered or shipped to the construction site, Party A shall pay additional materials for return shipping, material loss and return costs.
15. According to the relevant regulations, Party B has no right to move and renovate gas, heating, natural gas pipelines, building intercom, videophone, infrared, monitoring system, must show the approval of the relevant departments and sign a “construction responsibility guarantee” with Party B, and reform and acceptance. After that, Party B is only responsible for the contract warranty period and maintenance responsibility, and is not responsible for other liability.
16. Party B construction workers shall not be allowed to eat or live at the construction site within 5 kilometers from the city center. For customers 5 kilometers away and remote customers, Party B will charge a 10% 15% remote fee for the project cost. If there are households or residents in the renovated house, the project needs to be carried out in stages, and Party B will charge a complicated construction cost of 3% of the project cost.
17. Due to the non-uniformity of the standards for the charges of various property communities, Party B shall only bear the cost of the entry and exit licenses, and the other shall not be burdened.
18. If the construction period is more than half, Party A shall cooperate with Party B to carry out the phased settlement and the second phase settlement before the paint materials enter the market. Party A shall pay the second installment to Party B's financial department within two days after the second phase of the budget. Otherwise, Party B has the right to suspend the project. Party A shall not refuse to participate in the mid-term acceptance for any reason. Party B has the right to stop the construction from the date of the pre-clearing, and Party A shall be responsible for the delay of the construction period and the losses caused to Party B.
19. Party A shall arrange its own project without counting the construction period.
20. Party A shall actively cooperate with Party B to complete the various sections of acceptance during the construction period. If Party A receives the notice without proper reasons and fails to accept the acceptance, it shall be deemed to be qualified for the acceptance of the project.
21. Party B shall notify Party A to participate in the acceptance and settlement five days in advance. If Party A receives the notice, it will not participate in the timely payment. Party B shall pay Party B a penalty for each more than one day. After receiving the settlement payment from Party A, Party B shall fill in the project warranty and go through the formalities of project handover. Party A's failure to pay the project settlement within seven days is deemed to be the right to automatically waive the warranty and repair, and Party B reserves the relevant rights.
22. After the contract is signed, when one party proposes to terminate the contract, it must pay the other party 10% of the total amount of the contractual damages, and the default party shall compensate the other party for the losses caused.
23. If Party A has any doubts about the work of Party B, please call the complaint number:
Twenty-four, the above provisions are the inseparable part of the "Master Contract", which is a supplementary provision of the "Master Contract" and has the same legal effect as the "Master Contract".
Signature of Party A's representative: Signature of Party B's representative:
Year, month, day, month, day
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