Commissioned by: (hereinafter referred to as Party A)
Contractor: (hereinafter referred to as Party B)
Party A and Party B, after full consultation, signed this contract, in order to abide by it.
Article I, Project Overview
1.1 This project refers to: the project elevator installation project.
1.2 Party A and Party B agree: Party A entrusts Party B to contract all the work of this project.
1.3 Location of the project: within the project.
Article 2, contracting method and scope of contracting:
2.1 Contracting method: Party B will carry out the construction of large contract with package design, package work, package materials, package quality, package safety, package civilized construction, package with fees, package duration, package construction water and electricity costs, package acceptance, package warranty, package tax, and so on.
2.2 Specific contracting scope is as follows:
The project is a turnkey project, Party B to ensure the quality of the contract elevator on time and in accordance with the quantity, the package of transportation and storage, installation and commissioning, acceptance (including Party B's internal acceptance and Quality and Technical Supervision Bureau of the acceptance of the elevator and obtain the elevator permit) and after-sales service by the way of a one-time lump sum by the Party B and bear all the costs incurred.
Article 3, quality standards and Party B's quality assurance
3.1 The construction of the project shall comply with the following quality standards:
"Elevator Installation and Acceptance Specification (gb10060-93)", "Elevator Technical Condition (gb10058-88)", "Elevator Manufacturing and Installation Safety Specification (gb7588-88)", "Elevator Manufacturing and Installation Safety Specification (gb7588-88)" and "Elevator Installation Safety Specification". (gb7588-95)", "elevator test methods (gb10059-88)".
3.2 Party B must strictly follow the quality standards agreed in this contract and the construction drawings and materials confirmed by Party A to carry out construction and ensure quality.
Article 4: Duration
4.1 The duration shall be determined in the following manner:
After Party A provides the shaft, machine room and power supply that meet the technical requirements of the civil layout plan of the escalator, Party B shall complete all the installation of the project and hand over to Party A (which has passed the completion and acceptance) within the days from the date of notification by Party A to enter into the site for installation. The project is handed over to Party A (including the time of acceptance by government authorities).
4.2 Party B must cooperate with Party A in the construction of the Project according to Party A's requirements.
4.3 In the course of performance, if the construction period is delayed due to Party A's design changes and other Party A's responsibilities, the construction period may be adjusted by agreement between Party A and Party B through consultation.
Article 5, the contract lump sum
5.1 The lump sum price of the project (including tax) is:
Contract lump sum: RMB: yuan (￥ yuan)
5.2 The contract lump sum price includes installation costs, material costs, construction costs, scaffolding costs, lifting costs and taxes. Taxes and other Party B for the completion of the contract agreed all the work required to spend all the costs, in addition to the contract lump sum price, Party A is not required to pay any other costs to Party B on the installation of the matter. Party A provides power (and cable) to the roof machine room elevator control box (control box installed by Party B supporting), machine room elevator control box and subsequent elevator shaft wiring, transformer installed by Party B supporting, and included in the contract price.
5.3 The total price of this contract will not be adjusted at the time of settlement.
Article 6, payment
6.1 Payment: Party A pays the contract price by cash/check/transfer.
Party B's bank account number is:
Bank of account:
Bank account number:
6.2 This contract has/has no prepayment, if so, the prepayment is ￥ (RMB yuan), in payment.
6.3 In addition to the advance payment, other payments are made in the following first way:
Party A pays 10% of the total price of the contract (￥ yuan) within 3 days from the date of signing the contract as a deposit. Party A in Party B formally into the installation within 20 days before Party B to pay 30% of the total contract price (￥ yuan). Installation is completed and accepted by the Municipal Bureau of Technical Supervision and related government departments and transfer the completion of data within 3 days after the payment of 10% of the total contract price (￥ yuan). Installation is completed and accepted by the Municipal Bureau of Technical Supervision and related government departments within three days after the date of acceptance of four months to pay 50% of the total contract price (￥ yuan), for the payment of this sum, Party A is responsible for Party B in the delivery period of 14 days prior to the delivery of the guarantees issued by the Party B guarantee, letter of guarantee the content of the "supply contract" Annex III shall prevail. Payment at the same time, Party B shall provide Party A with an amount equal to 5% of the total contract price of the bank guarantee, guarantee guarantee period and elevator warranty period.
6.4 Party B must submit a payment application report to Party A before receiving each payment, and Party A will complete the examination within 10 working days from the date of receiving Party B's payment application report and make payment to Party B according to the agreement of the above terms. If Party A has any objection to the payment application report submitted by Party B, Party B shall be notified in writing within 10 working days from the date of receipt of the report, and the payment shall be made after consultation between both parties.
6.5 Before Party A makes each payment, Party B shall issue to Party A a legally valid invoice which is consistent with the amount paid by Party A and in accordance with the financial and tax regulations.
Article 7: Party A's Responsibility
7.1 Party A appoints as Party A's representative.
7.2 Party A's representative supervises and manages the progress and quality of the works, and inspects the hidden works. For the progress or quality of the project does not meet the requirements of Party A, there is the right to timely issue a "progress notice" or "quality rectification notice"; there is the right to require Party B to accelerate the construction progress and rectification works.
7.3 Payment to Party B on time according to the payment method agreed in the contract.
7.4 Party A is responsible for the validation of the construction plan, construction organization plan and project budget prepared and submitted by Party B.
7.5 Responsible for organizing the acceptance of the completion of the project and handling the completion settlement.
7.6 Responsible for providing elevator civil construction or elevator shafts and machine rooms in line with the technical requirements of elevator civil construction layout drawings (including building datum axis, floor elevation, etc.).
7.7 is responsible for the civil engineering of the shaft. After the completion of the shaft to clean up the debris in the shaft in a timely manner, including drainage, waterproofing, and notify Party B to agree on the date of inspection. If there is any unqualified part that needs to be corrected after inspection, Party A shall complete it within the time agreed by both parties.
7.8 According to the local construction commission and labor safety inspection department, fire department and other government departments in charge of the requirements to provide the required information and documents to Party B, Party B for security
Installation of the construction of the construction of the approval, the construction of the relevant safety procedures and acceptance procedures of the relevant government departments, the relevant costs Party B is responsible for.
Article 8, Party B's responsibility
8.1 Party B appointed as Party B's representative. Party B's representative according to Party A's representative approved construction plan (or construction program) and based on the contract issued by the instructions, requirements to organize the construction. In case of emergency and unable to contact Party A's representative, it can take emergency measures to ensure the safety of the project and personnel life and property, and send a written report to Party A's representative within 24 hours after taking measures.
8.2 Party B guarantees that it has the construction qualifications necessary for engaging in the construction of the works agreed in this contract, and guarantees the authenticity, legality and validity of its qualifications.
8.3 Party B shall cooperate with the progress of the civil construction of the general contractor to provide the relevant pre-embedded information, which shall also include: all the civil engineering requirements for the design, supply and installation of the elevator equipment contract; information on the loads on the relevant beams and structures; information on the location of all the openings required for the switches, ventilation, and equipment; information on the location of the elevator, the shafts and pits, including the guide rail fixtures and the relevant car box platforms.
8.4 Party B shall prepare the design and construction details according to the engineering specifications and submit them to Party A and the designer for approval before the commencement of the installation works, and all construction drawings shall be confirmed by the designer.
8.5 Party B shall report the detailed construction organization plan and construction progress plan to Party A for review and confirmation before the installation starts. During the construction period, Party B should make good construction records.
8.6 After the completion of the shaft and machine room civil construction, in the time agreed upon by the two sides is responsible for checking the elevator shaft, machine room, and the general contracting with the pre-buried or reserved components.
8.7 Responsible for the installation and commissioning of the elevator, handing over a set of spare parts and random information.
8.8 Responsible for hoisting and scaffolding work.
8.9 Responsible for the water and electricity required for construction, and provide the lighting, guarding, fencing and other safety and civilization construction measures required for construction according to the needs of the project.
8.10 elevator installation and commissioning process of any elevator installation related to the construction of safety responsibilities by Party B, and bear all the legal and economic responsibilities caused by Party B negligence.
8.11 In addition to the spacer beam in the shaft, the rest of the required materials and construction equipment are the responsibility of Party B.
8.12 The elevator installation and commissioning process is the responsibility of Party B.
8.12 During the installation period, protection boards will be added in the car, which will be removed after the trial period. Installation of shaft lighting. Clean up the installation debris.
8.13 is responsible for the provision of three-way call equipment, and the installation of the monitoring center of the mother machine is a mother machine can be more than one host (room machine) and to assist in the installation of the three-way call system for the commissioning of the unit.
8.14 is responsible for the elevator in the transport, before construction, during construction, after installation to acceptance and the A and B for the formal handover of the project before all the custodial work. If damage occurs, Party B will repair it at its own expense.
8.15 Comply with the local government and the relevant departments of the construction site traffic, health and civilized construction and construction noise and other management regulations, for the relevant procedures, so that the costs incurred by Party B. If punished by the relevant departments, Party B will be responsible for. If penalized by the relevant departments, Party B shall bear the fines and all losses.
8.16 Carry out the construction according to the project quality and acceptance standards agreed in the contract to ensure the construction quality. Completion of the construction period as agreed in the contract. Designate the person in charge of safety and fire prevention, do a good job of on-site construction management and safety management, pile up construction objects neatly and make the road smooth. Party B shall be fully responsible for the personal safety of Party B's staff and personnel employed by Party B, and shall supervise them to comply with the construction safety of the site and the decrees and laws of the government of the location as well as the relevant rules and regulations. Any construction quality and safety accidents during the construction period shall be the responsibility of Party B, and Party B shall report to Party A and relevant departments in time.
8.17 Responsible for Party A to provide the `relevant declaration documents to the local government authorities for the installation of the inspection procedures and costs before entering the site, as well as after the completion of the installation of the inspection procedures until qualified. Party B shall bear the responsibility of breach of contract due to unqualified inspection and compensate Party A for any loss caused by such failure. Except for the reason that Party B cannot pass the acceptance of the elevator due to the quality/installation of the elevator.
8.18 After the completion and acceptance of the project and the issuance of the completion and acceptance certificate by Party A, Party A and Party B will handle the formal procedures for the handover of the project. Party B construction unit personnel must be withdrawn from the construction site within three days.
8.19 Party B shall coordinate with the general contractor to determine their respective rights and obligations before entering the construction site, and shall submit to the unified management of the general contractor during the construction period, but shall not be required to pay the construction cooperation fee or the general contractor service fee to the general contractor.
8.20 After the completion and acceptance, Party B shall submit a formal completion and settlement report according to Party A's regulations, which shall be finalized by Party A as the basis for determining the settlement amount.
8.21 Shall actively cooperate with other professional construction units for decoration construction.
8.22 Party B before the construction of the installation and construction approval and safety construction procedures, as well as installation and commissioning is completed to report to the labor safety and elevator quality testing department for installation quality and safety inspection, the cost of which is the responsibility of Party B.
Party B shall be responsible for the construction of the elevator.
Article IX, material and equipment supply
9.1 All materials and equipment required for this project shall be purchased and provided by Party B. The materials purchased by Party B shall comply with Party A's requirements. The materials purchased by Party B shall comply with Party A's design specification requirements and project quality requirements, the relevant provisions are as follows:
9.1.1 The materials purchased by Party B shall only be used after Party A has passed the acceptance test.
9.1.2 For the materials purchased by Party B which are not in conformity with the design and specification requirements, Party A's representative has the right to reject the acceptance, and Party B will re-procure the materials which are in conformity with the design and specification and the quality requirements according to the time required by Party A's representative, and will bear the costs incurred thereof, and the construction period will not be postponed.
9.2 If the materials provided by Party B are not inspected by Party A, Party B shall not start the work without authorization. Otherwise, Party A shall be compensated for the loss suffered. Party B shall also be responsible for any delay in the completion of the project.
Article 10, project acceptance
10.1 Concealed project acceptance: the project reaches the stage of concealed project acceptance in the construction process, Party B shall notify Party A and the supervisor of acceptance after the concealed project passes the self-inspection. Acceptance, Party A and the supervisory company's representative in the acceptance of the record signed before proceeding
the construction of the project. Failure of acceptance, Party B should be modified within the time required by Party A to re-notify the acceptance and bear all the costs incurred as a result of this, if this results in the late completion of the project, Party B should also bear the responsibility for the late completion of the breach of contract. If Party B conceals itself, Party A has the right to request stripping or opening, Party B shall carry out stripping or opening and re-covering or repairing after inspection, and Party B shall bear the relevant costs, and the construction period shall not be postponed.
10.2 Completion and acceptance: After the completion of installation and commissioning of the project, Party B shall notify Party A and the supervisory company for acceptance of the project. In view of the project also need to be reported to the relevant government departments for acceptance, Party B shall be responsible for the inspection work and ensure that the project has been delivered to Party A before acceptance by the relevant government departments. If the completion and acceptance of the project reaches the standard, the three parties will sign and stamp to confirm the acceptance of the project, and at the same time, Party B will hand over the completion and acceptance data (including as-built drawings) and acceptance report to Party A in four copies. If the project fails to pass the acceptance due to Party B's reasons, Party B shall rectify the project within the time limit required by Party A and bear all the costs incurred, and Party B shall also bear the responsibility for the late completion of the project if the project is completed late as a result.
10.3 If there is any dispute in the acceptance, the verification by the XX city's product technology and quality supervision and inspection authority shall prevail.
10.4 In the project has not passed the acceptance of Party A in advance of the use, and does not exempt Party B shall bear the quality assurance and warranty responsibility. However, without Party B's permission, Party A without permission to use the elevator caused by all the consequences of Party A itself.
Article 11 Settlement
11.1 Within days of the date of record of completion of the project, Party B shall submit the following settlement information:
11.1.1 Four hard copies of the project settlement and an electronic file, the settlement of the binding content and the order of the cover, the "single (or division) project acceptance certificate", the compilation of Description, billing form, sub-parts of the settlement, the main materials used in the price list;
11.1.2 project completion design information (including project completion design drawings, drawing review minutes, modifications and changes to the notice) a set of (original, independently numbered binding);
11.1.3 on-site visas a single (original, independently numbered binding);
11.1 .4 One contract (copy);
11.1.5 One construction organization design or construction plan (confirmed by Party A).
11.1.6 Filing form
The content of the completion of the project settlement information must be complete and accurate, if Party B does not submit the completion of the project settlement information, Party A has the right to refuse to accept the settlement information, which causes delays in the settlement of the work by Party B.
11.1.5 Construction organization design or construction plan (confirmed by Party A), a copy of the construction plan (copy).
11.2 Both parties shall take the amount of work actually completed by Party B approved by Party A as the amount of work to be completed and settled under this contract. Within one working day after the Supervision Company and Party A receive the complete project completion and settlement information submitted by Party B, Party A shall verify and finalize the total project settlement price according to the above completion and settlement quantity, and both parties shall make settlement according to the total project settlement price.
11.3 In the settlement of the project, Party A verified that Party B did not carry out construction in accordance with Party A's confirmation of the construction drawings and materials, construction specifications and Party A's instructions, or jerry-built situation, then Party B as a breach of contract, Party A has the right not to settle the project, which caused all the losses caused by Party B shall be responsible for.
Article 12, engineering warranty
12.1 The warranty period of this installation project is years from the date of acceptance by government authorities.
12.2 During the warranty period, Party B shall be unconditionally and fully responsible for the rectification and repair of any quality problems. Party B shall rush to the site for overhaul within 2 hours after Party A or the property management company designated by Party A gives notice until it meets the quality standard stipulated in this contract, complete the rectification and repair work according to the quality standard stipulated in this contract and bear all the expenses incurred as a result. Due to Party A's management, improper use of the fault caused by the maintenance, Party A has to bear the cost of spare parts.
12.3 During the warranty period, if Party B fails to complete the rectification or repair work of the quality problems of the project within the time required by Party A, Party A has the right to entrust a third party to carry out rectification and repair of the quality problems, and Party A has the right to deduct the costs incurred plus 15% of the management fee directly from the amount payable to Party B. If it is not enough to deduct, Party A has the right to recover the costs from Party B.
12.4 If Party B fails to complete the rectification or repair work of the quality problems, Party A has the right to recover the costs incurred.
12.4 Party B undertakes to provide lifelong maintenance service for the project (after the expiration of the warranty period, the two sides signed a paid maintenance service agreement) and is responsible for the training of six elevator maintenance personnel for Party A or Party A's designated property management company. After the expiration of the warranty period of the contract, Party B guarantees to provide Party A or Party A's designated property management company with technical and maintenance services at a price level not higher than that of this contract.
Article 13, Liability for breach of contract
13.1 If Party A fails to make payment on time, for every day of overdue payment, Party A shall pay Party B five ten thousandths of the liquidated damages payable but not yet paid, but the total amount of cumulative liquidated damages shall not be more than 3% of the total price of the contract lump sum.
13.2 If Party B fails to complete the project according to the completion date agreed in the contract, Party B shall pay Party A five ten thousandths of the total price of the overdue equipment for each day of overdue completion, and Party A has the right to unilaterally terminate the contract if Party B is overdue for the completion of the project for more than thirty days, Party B shall, in addition to the payment of liquidated damages mentioned above, pay Party A liquidated damages equivalent to 20% of the total lump-sum price of the contract.
13.3 Party B must strictly carry out the construction and ensure the quality according to this contract and its annexes, the construction drawings confirmed by Party A, the materials used, the construction specifications and Party A's instructions, if it does not comply with the above requirements, Party A has the right to reject the acceptance and penalize Party B with the amount of 500 yuan/time. Party B must be rectified within the time required by Party A.
13.4 Party A and Party B shall not proliferate or transfer the technology or information involved in this contract to a third party, and the defaulting party shall pay to the other party liquidated damages equal to 20% of the total price of the contract package and compensate the other party for all losses suffered as a result.
13.5 In the course of the performance of the Contract, Party A has the right to terminate the Contract unilaterally if Party B has committed corrupt and fraudulent acts in the competition or implementation of the Contract:
13.5.1 "Corrupt act" means offering or giving anything of value to influence the Party A or the relevant personnel of the Supervisory Unit
13.5.2 "Corrupt act" means offering or giving anything of value to influence the Party A or the relevant personnel of the Supervisory Unit. p>
during the implementation of the Contract;
13.5.2 "Fraud" means misrepresentation of facts, including collusive bidding among bidders during the preliminary bidding process (both before and after submitting the bidding documents), as well as other fraudulent acts during the implementation of the Contract, which cause Party A to make a wrong judgment which in turn harms our interests.
13.6 After Party A terminates the Contract in accordance with this Contract, Party B shall, in addition to paying Party A the corresponding liquidated damages, returning all the sums paid by Party A and compensating Party A for all the losses, complete the withdrawal of work, including the withdrawal of personnel, the handover of materials and the handover with the third party within 10 days from the date of the notification of termination of the Contract given by Party A, and at the same time:
13.6.1 If Party A needs part of the completed work result of Party B, then both parties shall settle the payment according to such part of the work result, and Party B shall return the overpayment from Party A to Party A within 10 days after the settlement.
13.6.2 If Party A does not need the completed work result of Party B, Party B shall return all the paid amount within 10 days from the date of Party A's notice.
13.6.3 If Party B is late in returning the above payment to Party A, Party B shall pay to Party A liquidated damages equivalent to 0.1% of the portion of the payment for each day of delay.
13.7 The liquidated damages and economic loss compensation payable by Party B to Party A based on the provisions of this Contract shall be entitled to be directly deducted by Party A directly from the amount not paid to Party B. If it is not sufficient to be deducted, Party B shall pay it to Party A within 10 days from the date of notice by Party A.
13.8 Without Party A's written consent, Party B shall not subcontract or sub-subcontract this Contract, otherwise, Party B shall pay Party A an amount equivalent to 20% of the total price of the Contract as liquidated damages, and Party B shall also be liable to compensate for the loss caused by Party A as a result.
Article 14, Force Majeure
14.1 During the period of performance of the contract, due to earthquakes, typhoons, floods, fires, wars, or other force majeure accidents that cannot be foreseen and whose occurrence and consequences cannot be prevented or avoided, which directly affects the performance of the contract or cannot be performed in accordance with the agreed conditions, the party that is confronted with the above mentioned force majeure accidents shall be liable to pay a compensation of 20% of the lump sum price of the contract. In the event of such force majeure, the party shall immediately notify the other party of the accident and provide within 15 days the details of the accident and valid documents proving the reasons why the contract cannot be fulfilled, or partially cannot be fulfilled, or needs to be postponed. This supporting document shall be issued by a notary public in the area where the accident occurred. According to the degree of impact of the accident on the performance of the contract, the parties shall decide whether to cancel the contract, or partially exempt from the responsibility to perform the contract, or postpone the performance of the contract.
Article 15: Disputes and Settlement
15.1 If there is any inconsistency in the agreements of this contract and its annexes, technical standards, design plans, bidding documents, etc., the order of interpretation shall be as follows: this contract and its annexes, technical standards, design plans, bidding documents.
15.2 In case of dispute between Party A and Party B in the fulfillment of the contract, Party B shall continue to fulfill the contract and keep the construction continuous, and in any case, shall protect the completed works, except for the stoppage of construction by mutual agreement.
15.3 During the fulfillment of this contract, if there is any dispute between the two parties, under the premise of not affecting the progress of the project, the two parties can take the negotiation to solve the problem or ask the relevant departments to mediate.
15.4 The parties do not want to resolve through consultation, mediation, or consultation, mediation failed, you can to the People's Court in the location of Party A.
The parties shall not be liable for any damages arising out of this contract.
Article 16, the entry into force of the contract
16.1 This contract shall enter into force on the date of signature and seal of the authorized representatives of both parties in Guangzhou.
16.2 Matters not covered in this contract can be negotiated separately, sign a supplementary agreement, the supplementary agreement and this contract have the same legal effect.
16.3 This contract is in quadruplicate, A, B, each party to take two copies, each with the same legal effect, the annex to this contract for the contract is an integral part.
Article 17, contact information
Party B guarantees that the contact information provided by Party B and indicated in this Agreement (including: mailing address and contact phone number, etc.) is a valid contact information, and that if the contact information is changed, Party B shall promptly notify Party A in writing, and Party B fails to notify in writing, Party A will send the relevant notices, documents, and other related documents according to the contact information indicated in the Agreement. If Party B fails to notify Party A in writing, Party A shall send relevant notices and documents according to the contact information specified in the agreement, which shall be deemed that the relevant notices and documents are delivered to Party B. Party B shall bear full responsibility for all the consequences arising from the contact information error and failure to notify Party A in writing of the change of contact information. Party B's contact information is:
Name of the unit:
Mailing address:
Contact person:
Contact phone number:
Fax number:
e-mail:
Article 18: Other matters agreed by Party A and Party B
Article 19: Annexes to the Contract
The contract shall be signed by Party B. The contract shall be signed in accordance with the terms of the contract. strong> Article 19, the contract annexes, annexes and the contract has the same legal effect
Commissioned by (Chapter): Contractor (Chapter):
Legal representative / contracting representative: Legal representative / contracting representative:
Date of signing: year month