2006 Edition Home Improvement Model Contract
Contract No Shanghai Family Room Decoration Decoration Construction Contract model text (2006 Edition) Shanghai Administration for Industry and Commerce Shanghai Construction and Transportation Commission 1. The text of this contract is an exemplary text formulated in accordance with relevant laws and regulations such as the "PRC Contract Law" and "The People's Republic of China Consumer Rights Protection Law," and is used by both parties with reference to the agreement. Please read it carefully before signing the contract. Shanghai Family Room Decoration Construction Contract Contract No: Employer (referred to as Party A): In accordance with the provisions of the "Contract Law of the People's Republic of China," "Consumer Protection Law of the People's Republic of China" and other relevant laws and regulations, in combination with the specific conditions of the project, Party A and Party B follow the principles of voluntariness, equality, fairness, and good faith. In the past, the contract was signed by both parties. Party A (signature): Party B (signature): Date of signing: Year Month Day place of signing: Construction Contract Decoration Home Decor Housing Decoration Design Decoration Company Bathroom Design Bathroom Door Bathroom Leakage
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Second, the family room decoration is a larger one-time sexual consumption of residents, involving a larger amount of the subject, more professional, long contract performance period. In order to better safeguard the legitimate rights and interests of both parties, both parties should be cautious when signing the contract, and strive to be specific, comprehensive, and rigorous, and correctly select the terms provided by the model text.
3. Before signing the contract, the contractor (Party A) shall examine the Contractor (Party B)'s Business License for Enterprise Legal Person and the Enterprise Qualification Certificate. In addition to signing contracts with branch companies (divisions), in addition to examining their “business licenses†and corporate qualification certificates, the contract should be affixed with the special seal of the superior company of the branch (sub-division) (which has a legal personality unit).
4. The decoration and decoration works in the family room shall not damage the load-bearing structure of the house and share the pipelines and facilities.
5. The date of opening and completion of Article 8 of Section 1 must be clear, which is related to the determination of liability for breach of contract.
6. According to the different levels of management and service provided by the decoration and decoration companies, the management fees may vary, but generally do not exceed 10% of the total price of the decoration.
VII. In the second “Materials supplyâ€, a list of materials shall be provided for Party A's materials supply or Party B's contracted materials, including the material name, brand, specification, model, grade, quantity, unit price, and price; If you provide materials, you must also indicate the time of delivery and the place of delivery in the attachment.
8. The payment method for the project payment of the first paragraph of Article 5 shall be paid in stages according to the progress of the project. The parties A and B may specify in the contract if they agree otherwise.
Nine, family room decoration Each end of the hidden project must be accepted, and must be signed on the acceptance of acceptance. Upon completion acceptance, both parties A and B must sign on the acceptance form before they can be delivered for use. If a project fails, Party B shall rectify it until it is qualified.
X. When the project is completed and delivered for use, Party B shall provide Party A with the “Project Warrantyâ€, and the warranty period shall start from the date of acceptance of the completion and the warranty period shall not be less than two years. The project of the contracting and bagging materials implements the warranty for the entire project, and some of the contracted materials and materials projects implement the warranty for the relevant parts, and the contractor works only for the construction quality.
XI. Both A and B need to issue receipts for economic transactions. Upon completion of the acceptance of the payment, Party B must issue a unified tax invoice.
Twelve, family room decoration and decoration project supervision unit, quality inspection unit can query the Shanghai Construction Network (http://).
XIII. The model text of the contract shall be jointly formulated by the Shanghai Municipal Administration for Industry and Commerce and the Shanghai Municipal Construction and Transportation Commission. No unit or individual may reprint or sell it for commercial purposes.
14. The model text of the contract is a modified version of "Shanghai Family Home Decoration Decoration Construction Contract" (2001 edition), and will be used since March 15, 2006. This version will continue to be used until a new version is developed in the future.
Contractor (abbreviated as Party B):
Article 1 Project Overview and Cost
1. The housing of Party A decoration (hereinafter referred to as decoration) is legally owned.
Party A promises to have the right to decorate the house, and Party A shall bear all the consequences arising therefrom.
Party B is an enterprise that has been approved for registration by the administrative department for industry and commerce.
2. Decoration construction address Area (county) Road Lane (village) Building Room.
3. Housing Structure Housing Room Kitchen and kitchen Balcony, built-in construction area of ​​square meters.
5. Decoration construction content: See Attachment 1 "Construction Construction Contents Table".
6. Contracting methods (including contracted materials, clearing, and partial contracting).
7. The total price of ¥ yuan, yuan (capital) yuan.
Including: material fee, labor cost,
Dismantling of fees, cleaning, handling, transportation costs,
Other costs Yuan, management fee Yuan,
Taxes (3.41%) yuan.
"Management fee" is the sum of the above charges (except tax).
The “total price†is the amount after the confirmation of the design proposal and project quotation by Party A and Party B. Under normal circumstances, the increase and decrease of the completion settlement will not exceed 5% of the budget price in the absence of project changes.
After the signing of the contract takes effect, if the construction content and materials are changed, this part of the construction fund shall be calculated according to the actual amount.
8. Duration:
It will start work on the first day of the month, and will be completed on the first day of the month. The construction period will be one day.
Article 2 Material Supply
1. Materials and Equipment Provided by Party A: See Attachment II, “Party-Supplied Materials and Equipment Tableâ€.
The materials and equipment that Party A is responsible for purchasing and supplying shall be qualified products that meet the design requirements. After the materials and equipment provided by Party A are delivered to the scene on time, both Party A and Party B shall go through the acceptance and handover procedures, and Party B shall be responsible for safekeeping. The storage fee shall be agreed by both parties. If losses are caused due to improper storage, Party B shall be responsible for compensation.
2. The decoration materials and equipment purchased and supplied by Party A shall be used for the residential decoration as stipulated in this contract. Party A shall not use it for other purposes without the consent of Party A. If Party B violates this rule, it will be compensated to Party A twice as much as the diversion of materials and equipment.
3. Materials and Equipment Provided by Party B: See Attachment 3, “List of Engineering Material Quotesâ€.
The materials and equipment provided by Party B shall be notified by Party A in advance of acceptance. If it is not accepted by Party A and it does not meet the requirements of the project main material quotation list, it shall be prohibited from use. If it has been used, Party B shall be responsible for the losses caused to the project. Party A does not accept inspections on time and shall be deemed as accepting and accepting, but Party B will not be relieved of the responsibility arising from the purchase and use of materials in accordance with the quotations of the main materials of the project.
4. If, during construction, Party B finds that the materials and equipment provided by Party A have quality problems or differences in specifications, Party B shall promptly submit it to Party A. Party A still said that it was used, which caused the project quality problems. The responsibility was borne by Party A.
5. The materials provided by Party A or Party B shall comply with the "10 Mandatory National Standards for the Restriction of Harmful Substances in Interior Decoration Materials".
Article 3 Project Quality and Acceptance
1. This project implements the current National "Construction and Decoration Project Construction Code" and the current "Residential Decoration Acceptance Standard".
2. This project is designed by the party and provides construction drawings in one copy.
3. The quality of the materials and equipment provided by Party A was unqualified and affected the quality of the project. The rework cost was borne by Party A and the construction period was postponed.
4. Due to the quality accident caused by Party B, Party B shall bear the cost of rework, and the duration will not change.
5. During the construction process, Party A shall propose to change or modify the design, increase or decrease a project, or change materials and equipment, and must contact Party B in advance. After signing the "Project Change Order" (see Annex IV "Project Change Order"), If construction is carried out, and thus the completion date is affected, it shall be agreed by both parties A and B. Where Party A arbitrarily negotiates with the construction personnel or other management personnel about the consequences of altering the construction content and increasing the construction project, Party A shall be responsible for it; Party A shall compensate the Party if Party B causes losses.
6. Both Party A and Party B shall promptly go through the inspection and acceptance procedures for concealed and intermediate works. Party A shall not participate in the inspection and acceptance according to the date of the appointment. Party B shall organize the inspection and acceptance by Party B. Party A shall acknowledge it. Afterwards, if Party A requests reinspection, Party B shall conduct the retest as required. If the retest is passed, the reinspection and rework costs shall be borne by Party A, and the duration of the project shall be postponed; if the retest is not passed, the rework cost shall be borne by Party B and the duration shall not change.
7. After the completion of the project, Party B shall notify Party A to organize acceptance within seven days. If the acceptance is passed, the procedures for acceptance inspection shall be handled (see Attachment 5, "Project Quality Acceptance Form"), and Party A shall pay the full price according to the agreement. If Party A cannot organize acceptance within the specified time, Party B shall notify Party B in a timely manner and set an acceptance date. If the acceptance of the project is passed, Party A shall acknowledge the original date of completion of the project and assume Party B’s care costs and other related expenses. If decoration works have not been accepted or failed to pass the inspection, Party A shall have the right to refuse the acceptance, and Party B shall bear the responsibility for rework and postponement of delivery.
8. After the completion acceptance of the project, Party A will provide Party A with a "Project Warranty" (see Attachment VII "Project Warranty") after Party A pays the end of the project. The warranty period is based on the content of the tenth article of the model text "Manual Description". The agreement is for the year. Party B also provides information such as pipeline assemblage drawings. Warranty is carried out on the basis of the warranty, and the warranty period starts from the date of completion acceptance by signing or sealing.
9. The payment of indoor air quality testing fees shall be agreed between Party A and Party B in Article 10 of this Contract.
Article 4 Safe Production and Fire Prevention
1. The construction drawings or construction instructions provided by Party A and the construction site shall meet the requirements for fire prevention and accident prevention, and shall mainly ensure that the electrical lines, gas pipelines, water supply and drainage and other pipelines are unblocked and qualified. Party B shall take necessary safety protection and fire prevention measures during construction to ensure the safety of operators and neighboring residents and prevent accidents such as clogging of pipelines, leakage of water, water cuts and power cuts, and destruction of articles in neighboring residential buildings. In the event of the above-mentioned circumstances, Party A shall be responsible for the repair or compensation of Party A. If it belongs to Party B's responsibility, Party B shall be responsible for the repair or compensation.
2. Party A and Party B shall comply with the relevant regulations for decoration and decoration and property management. During the construction, they shall not alter the load-bearing structure of the house without authorization, and shall dismantle and change the common pipelines and facilities.
Article 5 Project Costs and Settlement
1. Both parties agreed to pay the project payment in the following manner:
(1) Construction payment:
Project payment schedule Project schedule Payment time Payment proportion Amount Budget, design proposal Recognized contract Signed on the day of the contract Construction of water, electricity, and pipeline concealed works in the process of acceptance % % Over half of the painter's work time before the painter's approach to the site On the same day, when the company increases the number of engineering projects to sign a project change order on the same day, the cost of the project is negotiated.
2. Party A pays Party B to issue the receipt and Party A shall save it. After the completion of settlement, Party B shall collect the return receipt and issue a unified tax invoice to Party A.
3. Project settlement: See Attachment VI "Project Settlement Statement".
Article 6 Construction Cooperation
1. Party A's work:
(1) Before the decoration works, apply for registration to the property management company in the construction site.
(2) Party A shall vacate the whole or part of the house three days before the start of construction to clear the obstacles affecting the construction. Measures shall be taken to protect furniture, furnishings, etc. that have been left behind in houses that can only be partially vacated. Provide Party B with necessary conditions for water, electricity, etc. required for construction, and explain the precautions for use.
(3) Do a good job in the construction of the temporary occupation of common parts and affect the coordination of the neighborhood and other coordination work.
(4) Before the construction of the project, Party A shall hand over the keys to the houses to Party B for safekeeping. When the project is delivered, Party A shall provide a new lock. Party B shall be responsible for the installation and delivery after use.
(5) If any property management company in the construction site receives a deposit, Party A shall pay it in advance. If, during the entire construction process, Party B’s deposit is forfeited by the property due to Party B’s reasons, Party B shall compensate the forfeited portion in full.
(6) Party A shall notify the property management company of the construction site of the provisions concerning property management so that Party B can comply with the implementation.
2. Party B's work:
(1) Check the water, electricity, gas, pipeline, building (ground) surface, and wall surface before starting construction. Party A shall promptly notify Party A of any problems found, and Party A shall be responsible for solving and coordinating.
(2) No noise construction work shall be carried out before 7 o'clock in the morning and after 7 o'clock in the evening.
(3) Organize Party B to participate in the construction drawings or construction instructions on the spot.
(4) Party B is responsible for cleaning up the garbage generated during construction and stacking it at the location designated by the property management company.
(5) Appointed as the representative of Party B on the construction site, fully responsible for fulfilling the contract, organizing the construction according to requirements, guaranteeing quality, quantity, and completing construction tasks on schedule. In case of replacement of personnel, Party B shall promptly notify Party A.
3. As a result of Party A's cause of a large number of construction projects, changes in construction content, decoration materials and equipment during construction, Party A shall promptly negotiate with Party B to extend the construction period accordingly.
Article 7 Liability for breach of contract
1. If the quality of the project is not in conformity with the agreement due to the cause of Party B, Party A is entitled to request Party B to repair or rework without compensation within a reasonable time limit. After the repair or rework, resulting in overdue delivery, Party B shall bear the liability for breach of contract.
2. In case of overdue delivery of the project due to Party B's reasons, Party B shall compensate Party A for each overdue day.
3. Party B shall arbitrarily disassemble or modify the building's load-bearing structure or share pipelines and facilities. The resulting losses or accidents (including fines) shall be the responsibility and responsibility of Party B.
4. If the materials and equipment provided by Party B are fake and shoddy products, Party A shall compensate party A according to double the price of materials and equipment.
5. Party A did not go through relevant formalities and forced Party B to demolition of the original building load-bearing structure or shared pipelines and facilities. Party B should refuse construction. If Party B has not refused the construction and incurred losses or accidents (including fines), Party B shall bear joint and several liabilities.
6. Due to the delayed start of work or stoppage of work due to Party A's reasons, Party B may extend the completion date of the project and have the right to claim compensation for work stoppages, labor shortages, etc. For every stoppage and workday, Party A shall pay compensation to Party B.
7. If Party A fails to perform acceptance inspections of the concealed works and completed works as agreed, Party B may extend the completion date and delivery date of the works, and shall have the right to claim compensation for work stoppages and work-related losses. Party A shall pay compensation to Party B for every one-day period.
8. If Party A fails to make payment according to the contractual time, Party A shall compensate Party B for a delay of one day.
9. If the project does not go through the acceptance and settlement procedures, Party A shall use it in advance or be admitted without permission. This will cause Party A to be responsible for the failure to accept and lose.
Article 8 Dispute Resolution
1. Disputes arising during the performance of this contract or during the warranty period shall be settled through consultation between the parties concerned; they may also apply to the Shanghai Municipal Consumer Protection Committee or the Shanghai Decoration and Decoration Industry Association for mediation.
2. If the parties are reluctant to resolve through negotiation or mediation, or if consultation or mediation fail, they shall be resolved in the following way:
(1) Apply to Shanghai Arbitration Commission for arbitration.
(2) Filed a lawsuit in the People's Court.
Article 9 Change and Cancellation of Contract
1. After both parties have signed and signed the contract, both parties must strictly abide by it. If any party needs to change the contents of the contract, it should sign a supplementary agreement after consultation. Before the signing of the contract, if one party wants to terminate the contract, it shall present it in written form, and pay the liquidated damages in accordance with the total price of the contract % to complete the termination of the contract.
2. In the construction process, either party shall terminate the contract and submit it to the other party in written form. After the parties have agreed to complete the liquidation formalities, an agreement to terminate the contract shall be concluded and the responsible party shall make compensation according to the total price of the contract and terminate the contract.
Article 10 Others
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Article 11 Supplementary Provisions
1. This contract will take effect after both parties sign and seal the seal.
2. After the signing of this contract, the project may not be subcontracted.
3. This contract is in one copy, and Party A and Party B each hold one copy. The contract attachment is an integral part of the contract and has the same legal effect.
Article 12 Annex to the contract
Annex I: Decoration construction content table (ground parts, wall parts, ceiling parts, door and window parts, furniture, bathroom, kitchen, weak electricity, water pipes, other requirements);
Attachment II: Party A provides materials, equipment tables (material or equipment name brand, specification and model, quality grade, unit, quantity, delivery time, delivery location, remarks);
Annex III: Quotation list for main engineering materials (specifications, models, brands, grades, quantities, units, unit prices, and prices for decoration and decoration materials);
Attachment 4: Engineering project change orders (changed content, original price, new price, increase or decrease amount);
Attachment 5: Engineering Quality Acceptance Receipt (Date, Name of Inspection Project, Inspection Result, Party A's Signature, Party B's Signature);
Attachment 6: Project settlement statement (project contract construction cost, change addition project, change reduction project, total project settlement amount, Party A paid amount, Party A's amount due to Party B, Party B's amount due to Party A);
Attachment 7: Project Warranty (company name, contact telephone number, user's name, contact number, contract number, address of decoration project, person in charge of construction unit, site owner, date of completion, date of completion acceptance, date of delivery of project, warranty period) .
Both sides of the contract should have the signatures of both parties and the specific date of signing. If the company has other attachments to the contract, its contents shall include the contents of the attachments to the model contracts listed above.
Legal representative:
Attorney: Attorney:
Address: Address:
Phone: Phone:
Zip Code: Postal Code: