Beijing Property Service Contract

Beijing Property Service Contract

Principal:

Property service company:

Beijing Municipal Administration for Industry and Commerce Beijing Construction Committee

March 28th

Description

1. The text of this contract is a model text, which is jointly formulated by the Beijing Municipal Construction Committee and the Beijing Municipal Administration for Industry and Commerce. It is used by the owners' committee or the owner to sign a contract with the property service company.

2. The property service referred to in the text of this contract means that the owner chooses to hire a property service enterprise, and the property service enterprise shall repair, maintain, manage and maintain the house and supporting facilities and related sites in accordance with the agreement of the property service contract. Environmental sanitation and related order within the property area, and activities paid by the owner.

3. The content selected in the text of the contract [ ], the blank space and other contents that need to be deleted or added shall be determined by both parties through negotiation. In [ ], select the content and select it by stroke; if the actual situation does not occur or the parties do not make an agreement, it should be marked in the space to delete it.

4. The parties may decide the number of originals of this contract according to the actual situation, and carefully check the contents of the contract at the time of signing.

Beijing Property Service Contract

Principal: [Owners Committee] [Owner] Entrusted Party Registration Number:

Mailing address: Contact number:

Postal code:

Property service company:

Business license registration number:

Enterprise qualification certificate number:

Organization Code:

Legal representative: Contact number:

Attorney: Contact number:

mailing address:

Postal code:

According to the "Contract Law of the People's Republic of China", "Property Law of the People's Republic of China", "Property Management Regulations" and other relevant laws and regulations, both parties shall, on the basis of voluntariness, equality, fairness, honesty and credit, matters relating to property services. Negotiate this contract.

The first part of the basic situation of the property project

Article 1 The basic situation of this property project is as follows:

Name: [name of the approved name of the place name] [tentative name] . Type: [ordinary house] [economically affordable housing] [apartment] [villa] [office] [commercial]. Location: District Road. Building area: [predicted area] [ Measured area] [area of ​​building ownership certificate] square meter.

Area four to:

East to:

South to:

West to:

North to:

For details of the planning plan and the entrusted property composition, please see Attached Files I and II.

The second part of the property service content

Article 2 Handover of Property 1. Both Party A and Party B and the original property service enterprise shall make an agreement on matters such as handover time, handover content, handover inspection and responsibility before and after the handover of the new property service contract. The handover time shall be determined at the specific time. The responsibility shall be borne by the original property service enterprise before the time limit, and the responsibility shall be borne by Party B after the time.

2. The original property service enterprise shall hand over the archives and materials in the property area, the property sharing facilities and equipment and the public areas belonging to the property area to Party B at the agreed time, and Party A, Party B and the original property service enterprise. The item-by-item inspection is carried out and confirmed by the three parties.

3. If there is any dispute between the two parties and the original property service enterprise on the inspection results, it shall be stated in the inspection record and the solution shall be clearly defined.

Article 3 The property services that Party B shall provide include the following:

1. Formulate property management work plans and organize implementation; manage relevant engineering drawings, archives and completion acceptance data; and formulate relevant systems for property services in accordance with laws, regulations and the authorization of the Management Statute.

2. Daily maintenance, maintenance and management of the shared parts of the property. For details of the shared parts, see Attachment File III.

3. Daily maintenance, operation and management of property sharing facilities and equipment. For details of the shared facilities and equipment, see Attachment IV.

4. Maintenance of public green space and landscape.

5. Cleaning services, including the sharing of parts of the property, the cleanliness of public areas, and the collection of garbage.

6. Assist in maintaining order and managing the parking of vehicles.

7. Assist in safety and prevention work. In the event of a safety incident, report to the relevant department in a timely manner and take appropriate measures to assist in the rescue work.

8. Fire service, including the maintenance of fire protection facilities in public areas and the establishment of fire management systems.

9. Responsible for the preparation of the annual maintenance and maintenance plan for the shared parts of the property, the shared facilities and equipment, and the greening.

10. Provide services for the decoration and decoration of the property in accordance with laws, regulations and relevant agreements.

11. In case of violations of laws, regulations and rules concerning public security, environmental protection, property decoration and use, etc. in the property area, it shall promptly inform, suggest, dissuasion, and report to relevant departments.

12. Formulate work plans for preventing emergency emergencies such as fires and floods, and clarify the specific contents of proper handling of emergency events or urgent maintenance.

13. Set up a service supervision phone and publicize it in the property area.

14. Other service matters:

Part III Property Service Standards

Article 4 Party B shall provide services in accordance with the property service standards agreed by both parties.

The service standard agreed upon by the two parties shall not be lower than the corresponding requirements stipulated in the “Code of Practice for Residential Property Services”.

Part IV Property Service Term

Article 5 The term of property service shall be the year from the date of the year to the day of the month.

Part V Property-related expenses

Article 6 The charging method for property services in the property area is: [Packaging] [Remuneration System] Article 7: The cost of property services shall be paid by the landlord according to the building area of ​​the property owned by the owner. The specific standards are as follows:

[Multi-storey house]: RMB/m2/month;

[High-rise residential]: yuan / square meter / month;

[Villa]: RMB/m2/month;

[office building]: yuan / square meter / month;

[Commercial property]: RMB/m2/month;

[club]: yuan / square meter / month;

Property: RMB / square meter / month.

2. If the contract system is implemented, the surplus or loss shall be enjoyed or borne by Party B; Party B shall not increase the fee, reduce the service standard or reduce the service items on the grounds of loss.

3. Party B shall regularly announce the income and expenses of public services to the owners.

Article 8 Remuneration System 1. The property service funds shall be paid in advance by the landlord according to the building area of ​​the property they own. The specific criteria are as follows:

[Multi-storey house]: RMB/m2/month;

[High-rise residential]: yuan / square meter / month;

[Villa]: RMB/m2/month;

[office building]: yuan / square meter / month;

[Commercial property]: RMB/m2/month;

[club]: yuan / square meter / month;

Property: RMB / square meter / month.

2. The property service fund is jointly owned by the owner of the payment, and is managed by Party B. The composition includes the property service expenditure and the remuneration of the property service enterprise.

Property service expenses include the following:

The wages, social insurance and welfare expenses of the employees of Party B;

Daily operation and maintenance costs of shared parts of the property, shared facilities and equipment;

Cleaning and sanitation costs in the property area;

Greening and maintenance costs in the property area;

Maintenance costs in the area of ​​the property;

Party B's office expenses;

Depreciation of fixed assets of Party B;

Property sharing parts, shared facilities and equipment and public liability insurance fees;

Other expenses agreed by the owner: . 3. Party B takes the following method to withdraw the reward:

[Every season] [Every half year] [Annual], the standard of the yuan is drawn from the pre-accepted property service funds;

[Every season] [Every half year] [Annual], from the pre-accepted property service funds in proportion to the percentage.

4. Property service expenditures shall be fully used for the expenditures stipulated in this contract. The balance after the annual settlement shall be transferred to the next year for continued use. After the annual settlement, the insufficient part shall be borne by all the owners and paid separately.

5. Party B shall announce the annual plan and annual expenditure and final accounts of the property service to all the owners, and announce the income and expenditure of the property service funds to all the owners according to [season] [six months]; at the same time, the two parties shall hire professional institutions to the property every year according to the agreement. The annual budget and final accounts of service funds and the income and expenses of property service fees shall be audited, and the expenses for hire shall be borne by [Party A] [Committed by Party B] [Committed by Party A and Party B]. Article 9 The owner shall pay property service fees according to [quarterly] [six months]. The specific time for each payment is the property that has been completed but not yet sold in the property area, the property that failed to deliver the property buyer and the property of the development and construction unit on time due to the development and construction unit. Party B shall follow the preceding paragraph. It is required to collect property service fees from development and construction units.

Article 10 When the owner or the user of the property applies for decoration and decoration, Party B shall inform the relevant prohibited acts and precautions, and conclude a written decoration and decoration service agreement with them. Except for the agreement to charge the decoration and decoration service fee, Party B shall not separately charge the decoration garbage cleaning fee, the construction personnel management fee, the door card cost, the construction permit fee, the pipeline drawing fee and other expenses related to decoration and decoration.

If the decoration and decoration deposit is collected, the shared parts, shared facilities and equipment and the load-bearing structure shall not be damaged. Party B shall refund the full amount of the deposit within 7 days after completion.

Article 11 The parking service fee shall be charged according to the parking lot of the open parking lot/unit/month, the underground parking garage and the parking lot parking space/year/month.

Party B shall sign a written parking service agreement with the parking space user to clarify the rights and obligations of both parties in terms of parking space use and parking services.

Article 12 If Party B provides maintenance and other special services to the owner's own property, Party B shall charge fees according to the charging standards publicized by Party B in the property area or according to the agreement of both parties.

If the owner or property user uses the residential property to engage in business activities on the premise of complying with relevant laws and regulations, Party B may charge the corresponding property service fee with reference to the commercial property standard.

Article 13 In the property area, if Party B accepts the utility of water supply, power supply, gas supply, heat supply, communication, cable television and other public utility service units, it shall not charge the owner for additional fees such as handling fees, and shall not limit or disguise. Restrict the purchase or use of the owner or property owner.

Part VI Sharing and sharing facilities revenue and distribution

Article 14 If Party B manages the shared parts and shared facilities and equipment used by the owner for advertising, house leasing, club business, commercial promotion, etc., it shall comply with the relevant laws and regulations and obtain the consent of the relevant owners and owners' assembly. It is required to go through the relevant procedures and announce the income to Party A every six months and accept the supervision of Party A.

Article 15 The proceeds from the operation of the shared parts and shared facilities owned by the owner owned by the owner shall be owned by the owner and may be used in the following manner:

1. Supplement special maintenance funds and distribute them to households;

2. Deduct the property service fee for the next year and distribute it to the household;

3. Voting by the owners' meeting.

Part VII Rights and Obligations

Article 16 Party A's rights and obligations 1. It has the right to examine and approve the property service plan formulated by Party B and supervise its implementation.

2. Have the right to know about property services in the property area.

3. The right to advise and supervise the property services provided by Party B.

4. The right to supervise the use of the shared parts and shared facilities in the property area.

5. Have the right to organize a survey of property service satisfaction.

6. Before the check-in date of Party B, provide property and service rooms that meet the office requirements. The building area is about square meters and the location is 7. Responsible for coordinating, handling and resolving the remaining problems that occurred before the contract came into effect, so it will not affect Party B's work.

8. Cooperate with Party B to do a good job in property management in the property area.

9. Deposit, use and renew special maintenance funds in accordance with relevant regulations.

10. Pay the property service fee and special service fee according to the agreement; urge the owner or property user who violates the property service contract and fails to pay the property service fee within the time limit.

11. Relevant legal provisions and other rights and obligations agreed by the parties.

Article 17 Party B's rights and obligations 1. According to the relevant laws, regulations and the provisions of this contract, provide property services in accordance with the property service standards and contents, and collect property service fees and special service fees.

2. Professional service companies may be selected to undertake special service projects within the property area, but not all property services in the property area shall be entrusted to third parties; Party B shall publicize the entrusted matters and the information of the entrusted enterprises in the property area; The service standard agreed in the contract signed between Party B and the entrusted enterprise shall not be lower than the contractual agreement; Party B shall supervise the service behavior of the entrusted enterprise and shall be responsible for the service behavior of the entrusted enterprise.

3. Properly keep and properly use the archives of the property, record the change information in a timely manner, and keep the owner's personal information confidential.

4. In a timely manner, inform all owners and property users of major matters related to property services in the property area, and accept supervision from Party A, owners and property users.

5. To urge owners and property users to correct the violations of this contract and the “Administrative Statute” by owners and property owners by means of notification, persuasion and suggestions.

6. Do not arbitrarily occupy the shared parts, shared facilities or equipment in the property area, or change the use of the roads and venues within the property area.

If it is necessary to temporarily occupy or excavate the roads and sites within the property area, it shall go through the relevant formalities according to the regulations, formulate the construction plan, publicize it in the property area before the start of construction, minimize the impact on the owner during the construction process, and restore the original condition in time. .

7. If the relevant facilities and equipment need to be separately equipped in the property area, it shall be settled in consultation with Party A.

8. Relevant legal provisions and other rights and obligations agreed by the parties.

Part VIII contract termination

Article 18 If either party A or Party B decides not to renew the contract after the expiration of the service period, it shall notify the other party in writing three months before the expiration of the term.

Article 19 Before Party A decides to continue to employ Party B before the expiration of the service period, Party B shall notify Party B in writing three months before the expiration date; Party B shall reply to Party A within one month after receiving the renewal notice.

The two parties agree to renew the contract and should sign a new property service contract within the day before the expiration of the service period.

Article 20 If Party A fails to notify Party B of the renewed appointment or dismissal opinion within 3 months before the expiration of the service period, Party A shall be deemed to have agreed to renew the employment, and the service period shall automatically extend for one year.

Article 21 After the termination of this contract, before the new property service enterprise takes over the property, Party B shall, at the request of Party A, temporarily provide the property service for a period of time, generally not more than three months; the rights and obligations of both parties shall continue to be implemented in accordance with this contract.

Article 22 After the termination of this contract, Party A and Party B shall jointly handle creditor's rights and debts, including the settlement of property service fees and the implementation of various agreements signed abroad; Party A and Party B shall cooperate with each other to facilitate the transfer of property services and After work.

Part IX liability for breach of contract

Article 23 If the owner fails to pay the property service fee within the time limit, he shall bear the corresponding late payment fee according to the standard of [overdue daily five-fifths].

If Party B withdraws without authorization during the service period, Party B shall pay liquidated damages to the owner in accordance with the standard of [remaining period of total property service fees]; if Party B refuses to withdraw from the property area after the termination of this contract, it shall follow [delayed withdrawal period] The standard for the total cost of property services] pays the owner a penalty. If the foregoing acts cause losses to the owner, Party B shall bear the corresponding liability for compensation.

Except for unforeseen circumstances, if Party B arbitrarily stops water or powers down, Party A has the right to request Party B to settle the dispute within a time limit. Party B shall bear the corresponding liability for breach of contract; if the owner causes losses, Party B shall bear the corresponding liability for compensation.

Article 25 Except for the termination of the contract stipulated in the eighth part of this contract, neither Party A nor Party B shall terminate this contract in advance. Otherwise, the parties to the contract shall bear the corresponding liability for breach of contract; if the loss is caused, the party to the contract shall bear the corresponding liability for compensation.

Article 26 In addition to the contract, Party A and Party B may, in combination with the specific conditions and service needs of the property, make detailed arrangements for breach of contract in the form of subsidiary files. Anyone who causes damages to the other party due to breach of contract shall bear the corresponding liability for compensation.

Article 27 If part or all of the contract cannot be performed due to force majeure, part or all of the liability shall be exempted according to the influence of force majeure.

Article 28 In order to safeguard the public interest, in the event of unforeseen circumstances, such as gas leaks, electric leakage, fire, heating pipes, water pipes rupture, rescue of human life, assistance to public security organs to perform tasks, etc., Party B takes emergency hedging Where the measures result in losses, the parties shall deal with them in accordance with relevant regulations.

Article 29 If Party B has firm evidence to prove that it is in the following circumstances, it may not be liable for breach of contract:

1. Due to the responsibility of Party A, the owner or the property owner, Party B's services cannot meet the contract requirements.

2. Loss caused by the maintenance and maintenance of the shared parts of the property in the property area, the need to share the facilities and equipment, and the owner and the property owner have been informed in advance, temporarily stopping water, powering down, and stopping the use of shared facilities and equipment.

3. Non-Party B shall suffer losses due to operational obstacles in water supply, power supply, gas supply, heat supply, communication, cable TV and other shared facilities.

Part 10 Dispute Resolution

Article 30 If a dispute arises during the performance of the contract, the two parties may resolve the matter through friendly negotiation or the application of mediation to the People's Mediation Committee of the property dispute at the place where the property is located; if it is unwilling to negotiate, mediate or negotiate, and the mediation fails, it may be resolved as follows:

1. File a lawsuit in a people's court with jurisdiction;

2. Apply to the [Beijing Arbitration Commission] [China International Economic and Trade Arbitration Commission] or apply for arbitration.

Part XI Supplementary Provisions

Article 31 The parties concerned shall cooperate with the public affairs such as law enforcement activities and rescues that need to enter the property area, and shall not obstruct them.

Article 32 Any modification or supplement to this contract shall be confirmed in writing by both parties and shall have the same legal effect as this contract. The revised and supplemental content shall not be inconsistent with the contents of this contract and the contents of the Management Statute.

Article 33 The original of this contract together with the subsidiary file shall be in the form of one copy, and Party A, Party B and each party shall have the same legal effect.

Article 34 This contract shall become effective after being signed and signed by both parties, and shall be valid for all owners of the property area.

Article 35 Other Agreements:

.

person A person B:

Authorized representative: Authorized representative:

Date of signing: year, month, day, year, month and day

Subsidiary files: 1. Planning plan 2. Property composition details 3. Property sharing details 4. Property sharing facilities and equipment details 5. Property service standards 6. Transfer information list VII.

Attached file one:

Planning Plan Attachment File 2:

Property composition details

Type of building number of building areas

High-rise residential multi-storey residential villa commercial housing industrial housing office building foot garage garage garage club school kindergarten cultural activity venue

Total remarks

Attached file three:

Property sharing details

1. Housing load-bearing structure;

2. The main structure of the house;

3. Public foyer;

4. Public corridors;

5. Public stairwells;

6. Inner patio;

7, outdoor wall;

8, roofing;

9. The communication room;

10. Attached file four:

Property sharing facilities and equipment details

1. Elevator:

Vertical ladder

Escalator;

2. Greening rate: %;

Floor, concentrated green space;

Masonry pavement;

3. Municipal administration within the region:

Municipal heating and domestic hot water system;

[Road] [Inter-lane road];

[outdoor water and sewage pipeline];

[ditch];

[reservoir];

[septic tank];

[sewage well];

[rainwater well];

Power distribution system includes

High voltage dual power supply;

Public lighting facilities [street lights]; [lawn lights]; [ ]

[External barriers and fences in the property area];

[high pressure water pump] [high pressure water tank];

[sewage pump];

[中水和设备系统];

4, [gas regulation station];

5. Fire protection facilities include;

6. Monitoring facilities include;

7. Lightning protection facilities include;

8, air conditioning equipment: [Central Air Conditioning System] use range;

9. TV shared antenna;

10. Computer network route;

11. Telecommunications telephone;

12. Square meters of underground motor vehicle warehouses;

13. Square meters of motor vehicles on the ground;

14. Non-motor vehicle warehouse square meters;

15. Garbage transfer station;

16. Letter box;

17. Square meters of shared facilities and equipment;

18. Square meters for property services;

19.

Attached file five:

Property service standard

Attached file six:

Handover list

1. Completion plan, single building, structure, equipment completion drawing, supporting facilities, underground pipeline project completion drawing, etc., as well as wiring diagram of house pipeline;

2. Technical information such as installation, use and maintenance of facilities and equipment;

3, property quality warranty file and property use instructions file [residential quality guarantee] [home use manual];

4. Acceptance information of relevant professional departments;

5. List of property rights of houses and supporting facilities;

6. Pressure test report for water supply and heating;

7. The measured area report;

8. Other information required for property services.

Subsidiary file seven:

Default liability agreement