[Boutique] contract supplementary agreement model
Part 1: Model Contract Supplementary Agreement
Party A: __________
Party B: __________
All terms in this Agreement, unless otherwise stated, are defined as defined in the ____________________ Contracts/Agreements signed by the parties on _____________________________________________________________________________________________________________________________________________________________________________________________ Whereas: Party A and Party B jointly signed the "________________ Contract/Agreement" on _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ The following supplementary agreements have been made for the unfinished matters. Supplement to the contract content: _____
Description of other matters: ___________________________________
This Agreement enters into force:
After the entry into force of this Agreement, it becomes an integral part of the _______________Contract/Agreement and has the same legal effect as the _______________ Contract/Agreement. Except for the terms of the amendments expressly set forth in this Agreement, the remainder of the original agreement shall remain in full force and effect.
person A person B:
Legal representative on behalf of legal person
::
Bank of deposit: Bank of deposit:
Bank account number: bank account number:
Mailing address: mailing address:
Contact: Contact:
Contact number: Contact number:
Fax: Fax:
Part 2: Model Contract Supplementary Agreement
Seller: ______________ Purchaser: ______________ Party A and Party B shall, in accordance with the "Contract Law of the People's Republic of China" and other relevant regulations, clarify the rights and obligations of both parties to purchase and sale, by consensus, in __ years ___ __ Signed the commercial house sales contract and agreed to sign this agreement in accordance with the relevant provisions of the contract to supplement the unsatisfactory part of the contract and abide by it.
1. Party A shall sell the commercial housing in the ____ unit ____ layer ____ of ____ City ____ Road ____ to Party B in accordance with the "Commodity House Sales License" No. ____.
2. The land use period is ____________ from ____________.
3. The construction materials and equipment of the ________ are based on the appendix ________.
4. Party A and Party B agree to pay according to the price and payment method of the commercial house listed in the appendix. Party B must strictly abide by the date of payment and the payment method.
5. If Party B fails to deliver the property price on time according to the time limit set out in Appendix ____, from the date of the late payment until the date of payment, Party B shall submit to Party A daily according to Article ____ of the contract. Pay the late fees listed in the contract. At the same time, Party A can also prompt Party B to pay in writing. If Party B fails to pay the arrears of the property price and/or late payment fee on the 7th day after the expiration of Party B, Party A shall have the right to check out the contract and terminate the contract and this Agreement. Party A may notify Party B in writing to terminate the contract and this Agreement, and notify the _______ city real estate management agency to file for the sale. If Party B has paid the property price, Party A shall deduct the liquidated damages and/or late payment fee according to Article 8 of the contract, and when Party A sells the commercial house separately to others, it shall compensate Party A for the loss caused by resale. Return to Party B. If the resale has a surplus, it will be owned by Party A. Party B reserves the right to pursue the legal liability of Party B when Party B has paid the property price insufficiently to pay liquidated damages and damages.
6. Party B shall pay the balance of the property price, late payment fee and other Party B's dues under the contract and this Agreement within 14 days from the date of the issuance of the commercial housing delivery notice by Party A. The payment shall be made and Party A shall transfer the key; otherwise Party A will have the right to charge late fees and/or liquidated damages in accordance with Article 5 of this Agreement and arrange for the handling of the commercial housing. Party B shall not file any protest against this. Party B shall also be responsible to Party A for any losses and expenses incurred as a result of Party B’s overdue collection. If the commercial housing is not properly located before the repossession, Party B shall not refuse to accept the building.
7. After Party B has paid the amount of Article 6 of this Agreement, it shall immediately handle the procedure for obtaining the key of the commodity house. The date on which Party A transfers the key to Party B shall be deemed as the date on which Party B actually repossessed the property. If Party B has not completed the formalities within ten days after paying the payment, Party B shall be deemed to have actually received the building.
8. Party B shall be responsible for the destruction of equipment or facilities inside the property if Party B is actually occupied or damaged by the commercial house after Party B has actually repossessed the property.
9. In the following special reasons, Party A may not deliver the commercial house to Party B according to the date fixed by the contract, and may defer the delivery of the commercial house to Party B without any penalty and/or late payment fee.
Irresistible natural disasters or other accidents;
Unusual difficulties and major technical problems that cannot be solved in time during the construction process;
Other factors beyond the control of Party A;
Delay of the contractor;
Delays in supporting facilities and installation of the municipal government;
The government department delays the approval of the file;
Change of drawings;
Unforeseen accidents;
Delays caused by the implementation of government regulations at the time;
The water supply and power supply departments failed to connect the indoor and outdoor water and electricity facilities on time.
Party A shall notify Party B in writing of the reasons for the delay, and Party B shall not file a protest. If there is special need or unforeseen circumstances, Party A shall delay the payment of the commercial house to Party B. Party A shall present the contractor's relevant documents and obtain the approval of the relevant government department before renewing it.
10. Unless Party A has the right to overdue the house in accordance with the contract or the provisions of this Agreement, if Party A fails to deliver the commodity house to Party B for overdue, the period specified in the contract or this Agreement or the expiration of the extension to the date of delivery Party A shall pay Party B the late payment fee listed in the contract in accordance with the provisions of Article _______ of the contract. However, if Party A fails to deliver the commercial house to Party B after 180 days from the date of the contract or after the extension of Article 9 of this Agreement, Party A shall be deemed to be in breach of contract. At that time, Party B has the right to unilaterally file a written termination of the contract and this Agreement within 30 days, and report it to the _______ Municipal Real Estate Management Office for the record. Party A shall return Party B all the money paid by Party B, the above-mentioned late payment fee and the liquidated damages stipulated in Article _______ of the contract to Party B within 30 days after receiving the written notice from Party B, but Party B shall not request other compensation. If Party B fails to cancel the contract and this Agreement in writing within 30 days, Party A shall pay the late payment fee to Party B according to the above method.
11. Party A has the right to change the drawings of the commercial house. If the area of the commercial house is not less than or less than 10% of the original sale area, Party B shall not file a protest, but the price of the commercial house will increase or decrease depending on the area. If less than or more than 10% of the original saleable area, Party B may choose to accept the new area, and the selling price will increase or decrease depending on the area or cancel the contract in writing within seven days after receiving the delivery notice of the commercial housing. Under this Agreement, Party A will reimburse Party B for the interest paid by Party B within 14 days after receiving the notice. Party A may also sell the commodity house to others. The building area, architectural design, decoration specifications and equipment of the commercial housing shall be subject to the real estate license. If the drawings and plans of the commercial housing are changed, the drawings and plans approved by the relevant departments shall be used as the standard and no further notice will be given. Party B cannot lodge a protest.
12. If there is a gap between the area of the "Property License" and the area of sale, if the difference is within plus or minus 2%, the difference will not be replenished/returned. If it exceeds plus or minus 2%, Party A and Party B shall pay back each other.
13. Party A shall be responsible for the warranty of the commercial house in accordance with the fifth clause of the contract, but Party B shall be responsible for any damage or alteration caused by any force majeure or fault of Party B or other human factors or after the expiration of the warranty period. No obligation to warranty. If the commercial house is changed by the decoration of Party B, Party A is not obliged to bear the warranty.
Part 3: Model Contract Supplementary Agreement
Selling person::
Buyer:
1. This Agreement is a supplemental agreement with the record number *** "Commodity Sale Contract". After equal consultation, the seller and the buyer agreed to conclude the following clauses as a modification and supplement to the contract.
2. Party A has clearly indicated to Party B the “Model Text of Commercial Housing Contract” and “Measures for the Management of Commercial Housing Sales” before signing the contract. Party B has seen and understood the above text and has no protest.
3. Supplementary Agreement to Article 5 of the Contract:
1. If the area does not cancel the contract due to the difference in the area caused by the design change, Party B shall be deemed to agree to accept the change in the total price of the house caused by the unit price of the original house.
2. If the two parties choose to calculate the price according to the set, they will not find any difference in the area difference.
4. Supplementary Agreement to Article 6 of the Contract:
Party B chooses to pay by installment payment, and Party A gives Party B a square/square meter discount, that is, the actual total house price is yuan;
1. Party B shall pay _% of the total amount of the house before _year_month_day, ie __yuan, capital: RMB_拾_万_仟_佰_拾_元整.
2. Party B shall pay _% of the total amount of the house before _year_month_day, ie __yuan, capital: RMB_拾_万_仟_佰_拾_元整.
3. Party B shall pay _% of the total amount of the house before _year_month_day, ie __yuan, capital: RMB_拾_万_仟_佰_拾_元整.
4. Party B shall pay _% of the total amount of the house before _year_month_day, ie __yuan, capital: RMB_拾_万_仟_佰_拾_元整.
1. Party B chooses to pay by mortgage payment. Party A gives Party B a square meter/square meter discount, that is, the actual total house price is yuan. Party B must pay the down payment amount, ie RMB yuan, and sign the purchase contract before _year_month_day . The remaining house price that Party B has not paid shall be calculated in RMB 10,000 yuan, and Party B shall apply for the adult mortgage loan to the bank within 7 working days after the purchase contract is signed. Party B entrusts the mortgage bank to transfer all the mortgage loans obtained to Party A's designated account. Party B has a clear understanding of the conditions required by the mortgage bank for the loan according to the aforementioned amount and the information that should be submitted, and guarantees that it meets the conditions and submits all the information within the specified time; otherwise, it cannot obtain the bank's mortgage loan on schedule. The responsibility shall be borne by Party B.
2. The bank's application for the mortgage period and the number of banks shall be subject to the final approval of the bank.
3. At the request of Party B, Party A shall provide guarantee for the bank's loan to Party B. After the agreement between Party A and Party B, the following agreement shall be reached on Party A's guarantee period:
1. After the contract is signed, if the “Personal Housing Mortgage Loan Contract” cannot be signed due to Party B’s reasons, Party B may not be able to perform the contract, Party A has the right to cancel the contract, and Party B shall pay Party A a default of 10% of the total house price. gold.
2. Party B shall prepare the relevant information of the mortgage in accordance with the provisions of the loan bank within the day of signing the contract with Party A, and complete the bank mortgage procedure at the designated place within 7 working days from the date of signing the contract, due to the mortgage The notary fees, insurance premiums, and handling fees incurred by the loan shall be paid by Party B itself. Otherwise, it is deemed that Party B has defaulted, and each time after the overdue period, the liquidated damages are calculated according to the three-thousandths of the total amount of the loan applied by Party B.
3. During the guarantee period of Party A, Party B failed to repay the principal and interest of each loan in full and on time according to the mortgage loan contract, causing the bank to deduct the amount from the account opened by Party A, and Party B must receive the call from Party A or The written notice shall be returned to Party A for repayment within one week, and from the date of repayment by Party A to the repayment date of Party B, the late repayment amount shall be paid to Party A for late payment, and Party A shall also have the right to collect from Party B. A refund of 5% of the penalty. Party B shall return the deducted margin of Party A and pay the corresponding liquidated damages within 30 days. Otherwise, Party A shall have the right to unilaterally terminate the contract and collect from Party B a penalty of 10% of the total house price.
4. During the guarantee period of Party A, if Party B deducts the account from Party A due to Party B's reasons, Party B must return Party A's payment within one week after receiving the phone call or written notice from Party A, and pay Party A the payment. A 10% liquidated damages shall be paid; if the bank terminates the mortgage agreement with Party B and requires Party A to assume the responsibility for repayment, Party A shall have the right to dispose of the mortgaged property of Party B directly or in conjunction with the bank, and the proceeds shall be treated in addition to the mortgage. If the cost of the property, all the money remitted by Party A and the 10% penalty for the payment of the repayment amount to Party A, the surplus will be returned to Party B. If there is insufficient payment, Party A has the right to continue to recover from Party B until it is settled. If Party B purchases a house by means of a provident fund mortgage or a provident fund and a bank combination mortgage, it shall be implemented with reference to the above-mentioned agreement.
5. Supplementary agreement on Article 9 of the contract:
The accumulated payment in Article 9 of the contract refers to the down payment of the house and the principal part of the monthly mortgage payment.
6. Supplementary agreement on Article 10 of the contract:
The planning and design changes referred to in the contract do not include the planning and design changes that Party A must make in accordance with the newly enacted laws, regulations, rules or relevant government departments of the State or the Chengdu Municipality of Sichuan Province after the conclusion of the contract.
7. Supplementary agreement on Article 11 of the contract:
1. After the commercial housing has reached the conditions of delivery, unless Party B fails to pay the house price according to the contract, Party A shall notify Party B to handle the house delivery procedures in the form of contact information recorded in the contract; if Party B fails to receive the notice, Party B shall agree in the contract. On the last day of the delivery deadline, the company will go to the sales center of Party A to go through the house handover procedures. If Party B entrusts other people to attend the procedures for handover of houses, Party B shall present to Party A a notarized power of attorney and keep the notary certificate in Party A. If Party B purchases an existing home, Party B shall, within the time limit for the delivery agreed upon by the contract, notify Party A of the delivery of the house.
2. Party B shall complete the handover procedures for the houses, and the commercial housing shall be delivered to Party B; if Party B fails to complete the handover procedures within the time limit stipulated in the first paragraph of this Article, Party A shall be deemed to have delivered on time.
3. Once the house is delivered on site, it is deemed to be qualified by Party B. If the commercial house appears in the warranty period or is within the scope of the warranty, Party B shall submit it to Party A in writing in detail. Otherwise, it is considered that Party B has no protest. Party A shall provide warranty service in a timely manner in accordance with the Residential Quality Assurance.
4. The term “house acceptance form” as used in this article refers to the “House Acceptance Form”. The term “refusal to transfer” as used in this article refers to the refusal to accept payment.
5. If Party B proposes quality problems beyond the scope of warranty, Party B shall submit to Party A in a specific and detailed written form. If there is any dispute, Party B shall entrust the relevant quality inspection department of Chengdu to conduct the test, and the quality of the project shall be assessed by the institution. Comments as a basis for handling disputes.
Note: The acceptance of house handover is subject to the acceptance criteria of the contract.
6. The security and intelligent systems in the sub-file 2 configuration standards will be opened after the housing production and payment.
8. Supplementary agreement to Article 14 of the contract:
Party A promises to meet the normal use standards for water and electricity on the day of delivery, and the necessary living conditions for natural gas, telephone, optical fiber, and network shall be applied for by Party B.
9. Supplementary agreement on Article 15 of the contract:
1. Within 180 days after filing the information on the ownership of the house, the property registration authority shall assist Party B in handling the building ownership certificate. Party B entrusts Party A to handle the building ownership certificate on its behalf, and the relevant taxes and fees incurred by the company shall be borne by the buyer and the seller in accordance with state regulations.
2. The time for the ownership certificate of the house shall be calculated from the date when the property management department pays the special maintenance funds and related taxes and fees, submits the required materials and completes the relevant formalities, if it is not within the above-mentioned period due to the reasons of Party B. If Party pays the above fees and submits relevant materials so that the property registration procedures are delayed beyond the time limit stipulated in the first paragraph of this Article, Party B shall bear the corresponding responsibilities. At the same time, Party A shall have the right to meet one-tenth of the total price of the contract. Party B pays liquidated damages.
3. If Party A provides guarantee for Party B's mortgage loan, Party B shall, at the same time as handling the house handover procedures, pay the materials and expenses required for the property right certificate, and pay the house special maintenance funds to the property management department as required. Otherwise, Party A has the right to postpone the time for the handover of the house. During the delay of the handover, Party B shall pay the monthly bank deposit according to the mortgage loan contract, and Party B shall bear the consequences arising from the delay in handing over the house.
4. Handling of his warrants: After Party A has completed the property rights certificate for Party B, Party B shall go to the designated place within the time limit notified by Party A to register the four guarantees under this contract. If, due to reasons of Party B, the above procedures are not completed within the agreed time limit, Party B shall pay Party A one-tenth of the total amount of the contractual agreement as a liquidated damages from the date of overdue.
5. Party A has paid the land transfer fee for the land mentioned in the first article of the contract and has obtained the “State-owned Land Use Certificate”. According to the State Council [1998] No. 248 “Regulations on the Administration of Urban Real Estate Development and Management”, Party B shall Party A shall provide necessary assistance in handling the procedures for changing land use rights.
X. Supplementary Agreement to Article 18 of the Contract:
According to the Interim Measures of the Chengdu Municipal People's Government Decree No. 103, “Chengdu Urban Housing Special Maintenance Fund Management Measures”, Party B shall collect the first special maintenance funds of the purchased commercial houses before the house ownership registration. And deposit it to the account management bank.
11. The private garden on the ground floor, the second and third floor terraces, and the top floor garden. All Party B agrees that the owners of the bottom, second, third or top floors can enjoy the right to use them. The owner of the garden or terrace must provide convenience for public maintenance and comply with the relevant management regulations of the property management. It must not change the isolation of the garden or terrace and damage the public facilities set in the garden or terrace. The use of the top floor roof must not encroach on the fire exit and keep it. It is smooth, and it is not allowed to invade the public green space in the community. At the same time, Party B agrees that the right to use the ground parking space belongs to Party A.
12. Party A shall repair the houses or public parts and facilities adjacent to the commercial houses purchased by Party B. When Party B needs assistance, Party B shall provide conveniences unconditionally. If the repairs cause damage to Party B, appropriate compensation shall be given. Party B cannot unreasonably refuse or make excessive demands, otherwise Party B shall bear the losses arising from the delay in maintenance.
XIII. All rights and obligations between Party A and Party B shall be subject to the contract, this Agreement and the subsidiary files. Party A's sales brochures, sales advertisements, sand tables, models and other promotional materials and the verbal commitments of Party A's sales personnel are not the basis for the agreement and acceptance of the houses. If there is any change, Party A will not Notice. The model house displayed by Party A is only a space layout guide, decoration decoration and furniture placement guidelines, and cannot be used as a standard or contract sample for house delivery.
14. The sales price of this commercial house does not include the following fees, and Party B shall pay separately:
1. The natural gas package fee is yuan.
2. Telephone account opening fee, broadband network access activation fee, and cable TV access.
XV. About the previous property management
Party B agrees that before the owner of the community appoints the property management company, Party A will provide property management services through the property management company that has been tendered through relevant legal procedures. Party B accepts and abides by the "Provisional Owners' Convention" formulated by Party A and the "Pre-Property Management Service Contract" signed by Party A and the property management company.
XVI. Supplementary Agreement to Article 22 of the Contract:
Party A shall hand over the original contract of the contract to the property registration authority for filing; if Party B uses the mortgage loan to pay, the original contract of the contract shall be handed over to the bank for relevant formalities.
17. If a dispute arises during the performance of the contract, the two parties shall, through equal and friendly consultation, resolve or bring it to the Consumer Council of the competent government department for mediation, and file a lawsuit in the People's Court where the property is located.
18. Party B shall ensure the availability and authenticity of Party B's telephone, fax, and mailing address as stated in this Agreement. If Party A cannot contact Party B according to the above telephone, fax or mailing address, its responsibility shall be Committed by Party B. If Party B's contact information is changed, Party A shall notify Party A in writing within five days after the change. Otherwise, Party B shall be responsible for all the consequences arising therefrom; Party A shall not be able to deliver the notice to Party B due to the change of Party B's contact information. Party A shall be deemed to have notified Party B on the date of the issuance of Party A's notice.
19. After the entry into force of this Agreement, neither party shall have the right to request the termination or termination of this Agreement. Unless otherwise agreed by the parties and signed an agreement, any unilateral dissolution or termination or refusal to comply with the relevant provisions of this Agreement shall be liable for breach of contract and shall be 20% of the total amount of the contracted house is liable for breach of contract.
20. The two parties agree that, regardless of the reasons for the termination of the contract, after the contract is terminated, the parties shall go to the real estate management department to complete the relevant procedures for the cancellation of the registration and registration within three days from the date of the dismissal. Otherwise, the observant party has the right. Refusal to fulfill the check-out or refund obligation, and require the defaulting party to pay liquidated damages on a daily basis in accordance with the contract. The seller and the buyer shall exercise the right to terminate the contract in accordance with the law or the contractual agreement. If the defaulting party fails to go through the relevant formalities to complete the relevant procedures for the cancellation of the registration and other relevant procedures, the observant party shall have the right to go to the Chengdu real estate management department to handle the relevant procedures for the cancellation of the registration.
21. This Agreement and the accompanying files are inseparable parts of the contract. In the event of any conflict between this Supplemental Agreement and the contents of the contract, the terms of this Agreement shall prevail.
22. This Agreement shall enter into force immediately after the signature and seal of both Party A and Party B.
person A person B
Phone: ID number:
Registered address: contact number
mailing address:
Zip code:
Signing date: signing date:
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