Qingdao overall kitchen contract

Qingdao Municipal Administration for Industry and Commerce

Instructions for use

1. A contract is a contract whereby the contractor completes the work according to the requirements of the ordering party, delivers the work, and pays the payee. This contract is governed by the provisions of Chapter 15 of the Sub-rule of the Contract Law of the People's Republic of China and other relevant laws and regulations.

2. This contract is suitable for all kitchen manufacturers, distributors and consumers to use in relation to the purchase, sale, installation and service of the “whole kitchen”.

3. Consumers should carefully read and understand the terms of this contract, especially if they have a true understanding of the underlined terms. Once the contract is signed, the parties are deemed to have no objection to the terms of the contract.

4. The validity of the handwritten clauses of both parties in the contract is higher than the validity of the printed clause, and the supplementary clause is more effective than the pre-printed clause.

5. It is recommended that all kitchen manufacturers and distributors provide consumers with higher standards of service, such as technical standards and warranty commitments, above the standards of this contract.

6. This contract is made in triplicate and the parties may increase the number of copies as needed.

7. This contract should be completed using a pen or a black charcoal pen.

8. This contract is printed and distributed by the Qingdao Municipal Administration for Industry and Commerce and is designated by the Qingdao Municipal Administration for Industry and Commerce. No unit or organization may print, reprint, or distribute without authorization.

Agreement clause

Contract number: _____________________

place of signing:_____________________

Signing time:_____________________

Parties to the contract: _______________

Founder: _______

Installation Location:_____________________

Current address: ___________________ Postal code: ______________________

ID number: ___________________ Contact number: ?____________________

Contractor: _______

Business license number: ___________________ Registered address: ______________________

Legal representative: ___________________ Tel: ______________________

The kitchen designer: _________________ Contact number: ______________________

Installation person in charge: ___________________ Contact number: ______________________

According to the "Contract Law of the People's Republic of China", the "Consumer Protection Law of the People's Republic of China" and other relevant laws and regulations, combined with the overall kitchen enterprise standards and the specific conditions of the kitchen, both parties A and B follow voluntary, equal, fair, The principle of honesty and credit, the achievement of this contract and mutual compliance.

Article 1 payment method

1.1 The contract price is based on the ordering system price. For details, please refer to the purchase order signed by both parties. The payment is made in cash or by way.

1.2 Party A shall pay the design deposit when making the door-to-door design in Party B's overall kitchen showroom. The industry practice is ____ % of the total contract price. After Party B has issued the design plan and is not customized due to Party A's reasons, the deposit is used as Party B. The labor cost and the credit guarantee of Party A will not be refunded; if Party A makes a custom, the design deposit will be converted into the payment, and Party A only needs to pay the balance.

1.3 Since the whole kitchen product is a personalized custom product, the kitchen manufacturer needs to purchase and process the materials according to the order. Therefore, the whole kitchen must be fully replenished before being ordered, and Party B must issue an invoice to Party A.

1.4 Since the whole kitchen product is a personalized custom product, once the production order is released, the whole kitchen product will not be returned. However, according to the provisions of Article 6.5 of the "Household Kitchen Equipment", it is determined that the kitchen product is unqualified, and Party B has not rectified it in accordance with the contract within 90 days, and other circumstances where the law clearly stipulates that the goods should be returned or exchanged shall be returned. .

Article 2 delivery date / installation date

Delivery date: The whole kitchen is a custom product, and the fine manufacturing and many service links require a long period of time; and the overall kitchen installation should be one of the last links of home decoration. Within the scope of Party B's region, Party B shall be free of charge for Party A's transportation contract products.

The shortest delivery period in each region from the date when Party A confirms the plan and pays the full amount and the kitchen decoration meets the dimensional measurement requirements and Party B issues the production order is as follows:

Serial number

area

Delivery period

1

Qingdao and surrounding areas

________day

2

South, Southwest, Northwest, Northeast

________day

3

Shandong, North China, Central China, East China

________day

4

Other regions such as Kunming, Nanning, Xinjiang

________day

Party A shall pay the full amount, and Party B shall issue the production order date for __________ years _____ month _____ days, and the planned delivery date shall be _____ years _____ months _____ days. The installation date is within three days from the date of delivery.

Article 3 Service Scope

3.1 Overall kitchen configuration requirements: The detailed kitchen configuration details customized by Party A shall be subject to the details of the orders output by Party B's ordering system, and both parties shall sign and confirm.

3.2 Overall kitchen service content: Party B only provides installation services for the whole kitchen parts in the contract provided by the kitchen manufacturer it distributes, and is responsible for the after-sales service guarantee under this contract, for Party A to purchase or through other means. The obtained products and the decoration of the kitchen foundation project do not provide installation services and after-sales service guarantees, nor do they bear the joint responsibility caused by poor quality.

Or both parties will make the following agreement on the above installation and after-sales service: ____________________________________________.

Due to professional restrictions, before the design and installation, Party B's designers only propose the basic engineering transformation of the kitchen. Party A needs to ask the professional company and professional staff to complete the kitchen basic engineering needs to be completed to meet the installation needs of the whole kitchen. . Such work includes, but is not limited to, kitchen basic engineering, gas hose and clamp supply and installation, flue rain cover installation and installation, and other parts purchased by Party A.

Article 4 Engineering cooperation

4.1 Party A shall perform the contract with Party B in person: confirm the design plan and sign the contract after the delivery of the site, handle the acceptance and handover procedures and other matters.

4.2 Party B recommends that Party A firstly decorate the kitchen and re-test the kitchen foundation project according to the corresponding specifications and designer's recommendations. At the same time, the physical and size of the self-purchased parts will be provided to the designer and confirmed on the drawings. Determine the final design. After Party A has paid the full amount, it will arrange production according to the order. Party B recommends that the whole kitchen be installed after the brickwork and woodworking operations are completed to avoid damage to the kitchen caused by cross construction. It is recommended that Party A communicate with Party B's designers to determine the appropriate installation time.

4.3 Party B recommends that Party A purchase Party B's overall kitchen products as much as possible. If Party A does need to supply other brands of kitchen parts, Party A shall purchase products with credit guarantee manufacturers, and require its dealers to provide services, and at the same time request and save warranty certificates and invoices to obtain after-sales guarantee; The consequences of poor product quality or improper installation are not related to Party B.

4.4 Party A shall provide Party B with the necessary construction conditions during the construction process. Party B shall carry out the construction according to the design plan drawings and relevant standards. During the installation process, Party B shall be responsible for the protection of the on-site kitchen facilities and kitchen finished products, on-site demonstration and demonstration of the test, and participation in the completion acceptance.

4.5? Construction safety and other important matters agreed:

4.5. l Party A is obliged to explain to Party B the location and direction of concealed water, electricity and gas lines, wall materials, and to listen to Party B's technical guidance. If Party A fails to perform this obligation, there will be a construction safety responsibility accident and rework. The responsibility shall be borne by Party A if it affects the use after installation.

4.5.2 The ground before the construction of the whole kitchen should be waterproofed by the building construction developer or the decoration company, and will not be

Leakage water in the process of use affects the life of the user; Party A's kitchen water and electric pipelines, sockets, etc. must be qualified and installed, and the construction developer and decoration company shall provide relevant services and quality assurance. Party B shall not bear the quality of the above parts. All consequences and joint liability caused by bad or improper installation.

4.5.3 Party B shall bear all economic losses caused by Party B's violation of relevant safety operation rules and fire regulations during the construction process, resulting in safety or fire accidents.

Article 5 Acceptance handover and warranty

5.1 The overall kitchen shall be assessed and accepted by the technical drawings of the design drawings and acceptance checklists confirmed by both parties.

5.2 When the goods specified in the order form correspond to the product manual, the appearance of the product in the manual is photo effect, there is a certain error with the actual object, there is a certain error between the sample and the actual object; Party A orders the product characteristics to sign the system. The requirements stated on the purchase order shall prevail. If the manufacturer needs to upgrade or update the product for technical advancement, Party B shall provide Party A with upgrade or update product upon delivery.

5.3 The overall kitchen at the installation site according to the specific working conditions assembly, splicing, obstacle cutting, hole excavation, does not affect the normal use and does not change the most basic design of the local adjustment and other work and unpacking inspection before installation, advance Installation, etc., is a normal installation specification.

5.4 Since the whole kitchen installation is often crossed with the decoration construction, in order to avoid the occurrence of the battering phenomenon, the whole kitchen must be jointly checked and accepted by Party A on the same day, and the acceptance and handover procedures shall be carried out.

5.5 Party B shall guarantee the whole kitchen cabinet part for two years; Party B shall guarantee the wearing parts of the water basin and faucet, such as water supply fittings and garbage bins, and only bear the corresponding responsibility, and shall not provide service and quality to the parts outside this contract. Guarantee. Party A needs to provide warranty certificate, valid invoice and contract when Party B needs to provide warranty service for the products in the contract, otherwise Party B will handle it according to the extra-fee.

5.6 For samples or other discounted items that are out of warranty or non-warranty items, and Party B's performance failures have been repaired at the time of sale, Party B shall provide a fee-based repair service. Party B shall charge according to the enterprise fee standard and issue an invoice or official receipt to Party A. .

5.7 The main components of the whole kitchen are generally repaired with the same quality materials within five years from the date of purchase; due to the possibility of product replacement and continuous technical update, Party A may need to re-select the replacement product after the warranty period. For products with safe use requirements, Party B recommends that Party A replace it when the product is depreciated to ensure safe use.

5.8 Party A should pay attention to waterproofing, anti-corrosion, anti-scalding and anti-heating, anti-external force, anti-clogging, and keep the kitchen environment dry and clean. For detailed product use and maintenance precautions and warranty policies, please refer to the instructions and warranty issued by Party B and the latest written documents published by Party B.

5.9 The following conditions are normal deviations of the overall kitchen product under current technical conditions and are not unqualified:

The artificial stone countertop is made of resin material and other materials. Due to the transportation and the size of the customer's room opening, the countertop needs to be stitched on site. The seam is smoothed without gaps, and there are visible traces due to color changes of the resin material.

In view of the current general technical level and material limitations of the industry, there may be a small amount of natural cracks in the use of artificial stone countertops, and repairs should be carried out by means of adhesive repair after cracking; due to the characteristics of artificial stone countertops, there may be after repair A certain color difference.

The artificial stone countertop should have a gap of 2-5mm or less between the wall and the wall to ensure the expansion and contraction. In addition, for the installation and ventilation needs, and in the case of uneven wall, the wall cabinet has a gap of 5-15mm away from the wall to facilitate the normal opening of the door panel.

For other normal usage errors, please refer to the instruction manual and the latest written documents published by Party B.

Article 6 liability for breach of contract

6.1 There is evidence to prove that due to the delay of the delivery of the whole set of goods due to Party B's reasons, Party B will pay Party A the liquidated damages according to the actual payment amount of __________ for each one-day delay. The above liquidated damages are one-time compensation standards, but the maximum is not more than the transaction price of the kitchen.

6.2 There is evidence to prove that due to the delay in the delivery of some goods due to the reasons of Party B, Party B shall pay Party A the liquidated damages for each day after the delay of __________ of the payment amount of the goods. The above liquidated damages are one-off compensation standards, but the maximum is not more than the transaction price of the missing goods.

The delay in use refers to the inability to carry out basic cooking activities such as washing and cooking, which makes it impossible to carry out basic dining activities. In this case, Party B will make one-time compensation to Party A according to the above criteria. Some of the goods are delivered late but do not affect the basic dining activities, and the faults that may occur after the handover are repaired. Party B only needs to repair according to the regulations. However, due to Party A's delay, Party A's consent to extension and force majeure, etc., the delay caused by Party B's will is not considered as Party B's default.

6.3 There is evidence that Party A may not be liable for the delay in providing construction conditions and delaying the installation for more than 60 days. However, due to Party A's reasons for Party B's rework or multiple visits to the door, all costs incurred in rework or multiple visits, and the direct responsibility related to this, shall be borne by Party A.

6.4 If Party A delays the installation and causes Party B to keep the contract for more than 60 days, Party A shall pay Party B the storage and storage fees and other liquidated damages from the 61st day, but the daily liquidated damages standard shall not exceed 1‰ of the total amount of the goods. .

6.5 If Party A delays the installation and causes Party B to keep the contract mark for less than 2 years, Party B shall ensure that the goods are in good condition. If the loss occurs, Party B shall bear the responsibility; if the storage period exceeds 2 years, the product quality problem of the contract subject shall occur. Party B does not assume responsibility, only needs to ensure that the goods are complete, and the products are handled according to the warranty. Party A shall postpone the installation for more than 2 years. If Party B is unable to notify Party A, or Party A refuses to perform the debts in accordance with the contract, Party B has the right to comply with Articles 82 and 83 of the Guarantee Law of the People's Republic of China. The provisions of Articles 84, and 85 shall be used for the retention of Party A’s property. If the income after the retention is insufficient to cover the storage and storage fees, Party A still needs to make up.

6.6 During the installation process, Party B shall properly protect the on-site facilities and kitchen products. If damage is caused, Party B shall bear the responsibility for repair or compensation.

6.7 Party A may check the purchase order and the kitchen products to be inspected through appropriate means or directly to Party B's business personnel. For example, at the time of acceptance or after the acceptance, there is evidence to prove that Party B has shoddy and stolen materials, etc. Party B shall be liable for breach of contract. In addition to repairing or replacing the unqualified materials without compensation, Party B shall compensate Party A for two times the amount of the unqualified materials paid by Party A as liquidated damages.

6.8 When any one party makes a claim to the other party, it must provide valid evidence and the claim must conform to the contractual agreement. This contract does not stipulate the handling according to the relevant laws and regulations.

Article 7 settlement of contract disputes

All disputes between Party A and Party B in the performance of this contract shall be settled through friendly negotiation; if the negotiation fails, the consumer association shall submit the mediation of the contract. When the mediation is not successful, you can choose to solve the following methods:

a. Submit __________ Arbitration Commission Arbitration

b. Prosecuting to the people's court in accordance with the law?????

Article 8 Other Agreements

After the two parties sign the transfer order, Party A submits that the product has appearance defects or quantity errors, and Party B shall not be liable for breach of contract. Party A cannot prove that Party B is responsible for Party B's responsibility; Party A can prove that Party B's responsibility is repaired or replenished by Party B, and Party B is not liable for breach of contract. If Party B refuses to repair or repair it, it shall be liable for breach of contract.

Article 9 The contract shall become effective after being signed by both parties, and the alteration part of the contract shall be invalid; if it is necessary to add an agreement, the supplementary clause may not be in conflict with the provisions prohibited by laws and regulations. The contract is in triplicate, one for Party A and two for Party B.

Make a person: ________

Legal representative: __________

agent:__________________________

____________year month day

Contractor: ________

Legal representative: ______________________

agent:__________________________

____________year month day