In a society where people pay more and more attention to the law, there are more and more types of contracts, and signing a contract is an important measure to reduce and prevent the occurrence of disputes. I believe that many friends are very distressed about the proposed contract, the following is my collection of installation and maintenance contract model, welcome to read, I hope you can enjoy.
Installation and maintenance contract 1Party A:
Party B:
A, B both sides in good faith cooperation, the principle of mutual benefit, on the air conditioning sold by Party B Party A to provide installation, maintenance services to reach the following agreement:
A. Party A must comply with the unified arrangement and allocation of Party B, and Party B sold air conditioning to the fastest speed, the best quality to the user to provide installation, maintenance services, as far as possible to achieve day-to-day, peak season daily installation volume must reach more than 24 units.
II. Party A in the transportation, installation of air conditioning must check the model, and bear the responsibility of preservation. In the installation of split units, before installation, the indoor unit must be energized to run checks.
III. Party B sold the air conditioning to the user warranty or maintenance services, and the implementation of the city 12 hours, 24 hours outside the city service to the location, otherwise Party B can make a decision on the penalty Party.
IV. If the cause of the failure caused by the installation of Party A, Party A must bear full responsibility.
V. After the installation or maintenance is completed, Party A will take full responsibility. Party A in the installation or maintenance is completed, you must fill out the installation, maintenance documents, recovery of waste parts to Party B in a timely manner, so that Party B online settlement, or Party B has the right to late submission of documents will not be settled.
Six. Party B according to Party A every day to return to Party B's installation card after review, according to the following installation fee standard settlement to Party A; maintenance fee according to factory standards for each single Party B deducted 5 yuan to pay.
VII. Party A must have sufficient service capacity to serve Party B, otherwise Party B has the right to make other changes.
VIII. Party A must ensure that the installation, maintenance and safety, installation and maintenance of the time must wear Darrell clothing and wear a seat belt, accidents occurring at work by Party A is fully responsible for.
IX. Party A in the installation of air conditioning to the user, if not with the iron frame must be taken back to Party B, or a Party B confirmed 2 times the fine.
Ten. Party A to Party B 500 yuan (deducted from the installation fee) as an example of the deposit.
xi. Party A must really cooperate with Party B engineering survey and issue accurate programs, while the responsibility of strict confidentiality of engineering information.
XII. This agreement in duplicate, Party A and Party B each sign a copy, signed by A, Party B immediately effective, valid for one year from the date of signature.
Party A: Party B:
Representative: Representative:
ID card number:
Time:
Installation and Maintenance Contract 2Party A (the contracting party):
Party B (the contracting party):
A, B and the two sides of the spirit of equality, good faith and the principle of voluntariness, the contracting of the __________ project to carry on a Friendly and full consultation, reached the following terms of the contract:
I. Project name, scope of contracting, project approval:
1, the name of the contracted project: project address:
2, the project details of the scope of the contracted project: (can be accompanied by a list of sub-projects):
3, the project approval No. (or project No., tender, Tender No.):
2. Cost of Contracted Works:
1. Cost of Contracted Works: (1) lump sum price: ____________ RMB; or
(2) actual settlement price of the works: ______ (within the scope of the cost confirmed by Party A in the tender).
(2) Budget breakdown list of the total cost of the project (bidding and quotation materials):
(3) Duration of the contracted works:
(1) The total duration of the works under the contract shall be __________ days from the commencement of the works on ____ of _____ to the completion of the works on _____ of ____ and the satisfactory completion of the works upon acceptance.
2, such as the following circumstances, the duration of the project can be postponed, Party B will not be responsible for late delivery of missed work:
(1) due to natural disasters and other force majeure situations arise and the contract can not continue to perform the contract;
(2) due to the Party in the construction of the contracted works during the period of the change in the design or to adjust the project's original program and the impact of the project.
Fourth, the construction quality requirements, technical standards and acceptance criteria for the contracted works:
1. The contracted works shall be constructed and accepted in accordance with (national standards, industry standards or specific parameters and indicators of the engineering program provided by Party A).
2, Party B shall strictly according to Party A's technical program and drawings for construction, and accept Party A's on-site technical responsibility for supervision and guidance;
3, Party B shall cooperate with Party A's production rhythm of the arrangement of the construction, and comply with the Party's plan to deploy, to ensure that the project is completed on time and according to schedule.
4, the acceptance of hidden works: there are hidden works, after the completion of each hidden project, within _____ days by the A and B **** with the acceptance, make a good record of the acceptance of hidden works, confirmed by both sides, Party B can only carry out the next process.
5, the project is fully completed, _______ days by the two sides of the engineering responsibility *** with the acceptance of ___________ standards, fill in the confirmation of acceptance of the project. Acceptance failed, Party A _____ made a written objection to the quality of the project within days.
V. Warranty period and related responsibilities:
1, Party B promises that since the acceptance of the project, the warranty period of one year, in the warranty period, due to quality problems caused by Party B, Party B is responsible for repairing or reworking without compensation.
2, Party A withholds 5 ~ ~ 10% of the total cost of the project for the quality of the deposit, the warranty period expires without quality problems, Party A immediately pay Party B. If there are any problems caused by Party B during the warranty period, Party B will pay the deposit. During the warranty period, if there is a quality problem caused by Party B, Party A has the right to reduce the payment or refuse to pay the deposit.
3, the warranty period, caused by Party B quality problems, Party B can not be resolved, Party A has the right to hire other construction units to solve the relevant costs borne by Party B.
Six, site management:
1, site management list: Party A engineering responsible:; Party B engineering responsible:
Party A technical responsible:; Party B technical responsible:
Party A security responsible:; Party B security responsible:
2, the principle of site management: the management of production discipline, safety and fire safety, and quality monitoring The content of the two sides of the personnel responsible for; construction progress, personnel deployment, project progress and other management content by Party B is primarily responsible for.
VII. Settlement of works, conditions and period:
1. Contracted works are lump-sum price,
(1) One-time payment settlement: Payment is made within ______ days after the project is completed and inspected (and after the receipt of a proper invoice)
(2) The contracted works are paid in a lump-sum price.
(2) Payment by installment settlement: Payment _____% in advance by Party A within days after the signing of this contract; Payment of ___% when the project progresses to ______; Payment of the balance after the completion and acceptance of the project. Each installment will be issued by Party B with a proper invoice first.
2. If the contracted works are to be settled by the actual volume of works, within the total price and fluctuation agreed by both parties, Party B will account for the detailed price of each sub-item and issue a proper invoice, and then the works can be settled in batches or summarized.
VIII. Responsibilities of both parties:
1, Party B undertakes that the construction team has the construction qualification confirmed by the national competent authorities, and the construction staff of the special types of work shall be licensed and submit the relevant special types of work license to Party A.
2, Party B and Party A shall sign a letter of responsibility for security, fire, clear obligations of both parties to ensure construction safety, the letter of responsibility as an attachment to this contract.
3, Party B is responsible for the party's construction team, strictly abide by Party A's production discipline and operating procedures. Party B is responsible for the workers' compensation insurance of our construction workers. If Party B has a work-related accident, the responsibility will be borne by Party B, except for Party A's obvious fault.
4. Party A can provide Party B with necessary construction conditions such as electricity, lighting, water, etc., and handle the procedures of entering and leaving the factory or releasing. (If necessary, Party A can provide Party B's construction team with temporary and appropriate accommodation and food arrangements).
5, Party A to ensure that adjust the production arrangements, in Party B before the start of construction to vacate the construction site, so that Party B started on schedule, if there is any change, Party A must notify Party B in a timely manner, and make the progress of the project can be adjusted or the duration can be postponed.
IX. Liability for breach of contract and processing:
1, Party B does not according to the contractual quality requirements and technical indicators of construction, Party A has the right to refuse acceptance; or overall project acceptance failed, Party A has the right to refuse to pay, and require Party B to rework and assume responsibility for the breach of contract without compensation (penalties for the total construction cost of 20 ~ ~ 30%). Party A may also restrict Party B to complete and deliver the acceptance within _____ days; late aggravation of its breach of contract responsibility.
2, the completion of the project acceptance (or hidden works completion inspection), there is a small part of the unqualified (the corresponding value is less than 20% of the total cost of the project), Party B can be obliged to rectify within ____ days. Otherwise, Party A has the right to deduct the corresponding works and add 30% penalty.
3, Party B's missed work, late delivery: seven days late (including seven days), each day late, bear liquidated damages for the total cost of the project 2%; seven days late to fifteen days late, each day late, bear liquidated damages for the total cost of 3%; more than fifteen days late, Party A has the right to terminate the contract, and pursue Party B's breach of contract, the default of the Party B to bear the liquidated damages for the total cost of 30% ~ ~ 50%. The liquidated damages to be borne by Party B is 30%~50% of the total construction cost.
4, Party A does not settle the project payment on time, Party B can add penalty interest.
X. Dispute Handling:
In the fulfillment of this contract, if there is a dispute, Party A and Party B first friendly consultation; consultation fails, the plaintiff to the People's Court in its location.
XI, A, B and other agreed matters: ___________________
XII, the contract comes into force and the contract copy:
1, this contract by the A and B signed or stamped shall come into force.
2, this contract in triplicate, A, B, each party to take one, (another, if necessary, for the record of the project supervision use.)
Party A (official seal): _________ Party B (official seal): _________
Legal representative (signature): ________ Legal representative (signature): _________
_________ ____ ____ ____ ____ ____ < /p> Installation and maintenance contract 3
Party A:
Party B:
Party A because of the production and operation needs to entrust Party B contracting air conditioner installation, maintenance; by the two sides of the friendly negotiation, voluntarily reached the following contracting agreement:
First, the contracting period and the area:
The contracting period: from the date of the year until the year Contracting area: Party A entrusted Party B to contract the air conditioning installation and maintenance tasks in the region.
Warranty: 20% deducted from each bill as a maintenance quality deposit. If there is no repair and other circumstances occur, full one year after the one-time payment to Party B.
Second, the contracted settlement amount and cycle:
In-warranty maintenance: 60% settlement according to the manufacturer's settlement standards. Out-of-warranty maintenance: by Party B in accordance with Party A and the manufacturer's standard charges to the user.
Settlement cycle: due to the actual settlement process needs. Settlement cycle for 2 months. Such as: January 25 before the submission of documents, settlement (payment) time for April 5 before a one-time payment to Party B (after deducting the maintenance of all costs of the warranty).
Note: If party B has settled the bill in the air conditioning:
1, fluoride repair within one year again fluoride (including welding fluoride), no longer settle costs.
2, within three months of the return to repair, no longer settle costs.
Three, Party A's responsibilities and obligations:
1, Party A every day at about 21:00 will be the next day's user repair information through the form of QQ sent to the party. And need to be confirmed by both sides.
2, Party A monthly according to the contract specified in the settlement time will be settled to Party B.
3, Party A needs to designate management personnel according to the nature of the work, and provide the corresponding contact phone number, so that the two sides can facilitate the convergence of work.
4, Party A is responsible for Party B's application for maintenance parts 'actual situation to give the issue.
5, Party A needs to formulate the operation norms and standards, in writing to Party B.
6, Party A to provide the documents to fill out things, and guide Party B to fill out.
7, Party A provides the relevant charges.
Fourth, the responsibilities and obligations of Party B:
1, Party B should provide Party A with a business license, corporate identity card, tax registration certificate and organization code, as well as air-conditioner installers, repairers and related professional documents.
2, Party B needs to commit to Party A to repair units per day during the peak season, Party B has no actual repair capacity during the peak season, Party A to assign other personnel or outlets, and Party B 200 yuan / unit fine.
3, Party B needs to be unified management of all service personnel, according to industry requirements on time to complete each assignment, otherwise willing to accept the Party and the manufacturer to develop the assessment standards.
4, Party B needs to pay for each installation, service personnel to pay the relevant insurance premiums, resulting in safety accidents, personnel disputes have nothing to do with Party A.
5, Party B needs to pay for each installation, service personnel to pay the relevant insurance premiums.
5, Party B according to Party A's requirements at about 21:00 every day to receive Party A sent workers, and arranged to the next day's maintenance tasks, shall not be any reason to refuse to send or omission to send the case occurred.
6, Party B must arrange a person to dock with Party A and leave each other contact information for communication.
7, Party B within one year of the failure of Party B is responsible for door-to-door maintenance, otherwise, according to the refusal to deal with a single.
8, Party B misjudged two or more times, according to the 100 yuan / Taiwan to pay Party A, the single will be sent by another party to deal with door-to-door.
9, Party B must submit documents to Party A on time, submit a cycle of 3 days (and maintenance time must also be within the cycle), the expiration of the bill is no longer received, Party B abandoned the settlement of costs.
10, Party B will repair the situation in a timely manner every day back to Party A. Not more than 21:00 the same day. Not more than 21:00 on the day.
11, Party B should abide by the law, and bear full legal responsibility for their own business.
12, Party B shall not in any way Party A contracted to Party B's distribution of industrial services subcontracted to any third party, otherwise regarded as a breach of contract by Party B, according to the breach of responsibility for the first treatment.
13, due to improper maintenance of Party B caused by the return of the machine, Party B is responsible for handling, and to achieve user satisfaction.
Fifth, the responsibility for breach of contract
1, such as one party default, the other party has the right to require the defaulting party to pay 20,000 yuan of liquidated damages.
2, due to Party A's business reasons, Party B shall not propose to terminate the agreement during the period of 4-9, otherwise, Party B will be treated as a breach of contract. Need to pay the relevant liquidated damages to Party A.
3, Party B shall bear the costs of all disputes, losses, debts and other expenses caused by its willful or negligent behavior, and be responsible for compensating Party A for the economic losses suffered as a result.
4, Party A and Party B in the event of disputes, the first consultation to resolve. Consultation fails, either party has the right to initiate legal proceedings. Shall not be any reason to instigate others to come to entangle with Party A, or instigate a party will bear full legal responsibility. And pay the relevant liquidated damages to Party A.
Six, the contract termination and termination
1, the contract expires by itself. Up to this point, Party B shall not in any form borrow the name of Party A to carry out any business. Otherwise, Party A will pursue Party B related legal responsibility.
2, in addition to the contract agreed upon in the contract other than April to September, the two sides negotiated the termination or termination of the contract, in the negotiation of agreement, before the termination of this contract.
3, the termination of the contract due to one of the parties to violate the agreed terms of the contract, the same effective. Subsequent responsibilities will be dealt with according to the content of this contract, and this contract will be fully terminated only after the dispute is settled and signed by both parties.
VII, accessories management mode see attached, have the same legal effect. This contract is in duplicate, A and B each party to sign a copy.
VIII, this contract is signed by both parties, immediately effective.
Party A:
Representative:
Cell phone:
Phone:
Fax:
Date of signing:
Signed at:
Place of signing:
Party B:
Representative:
Cell phone:
Phone:
Fax:
Date of signing:
Place of signing:
Installation and Maintenance Contract 4Party A: _______________ (hereinafter referred to as Party A)
Party B: _______________ (hereinafter referred to as Party B)
As Party B undertakes Party A's construction elevator (or tower crane) installation, dismantling, and maintenance construction
I. Contracting Project
1. Project name: _______________
2. Project address: ___________________
3. Contracting scope: ___________________
4. Contracting method: ___________________
5. Construction period: ___________________
2. Party B, during the construction of this project, must ensure the following responsibility objectives
1. Safety objectives:
1.1 Eliminate fatal accidents.
1.2 Avoid serious injuries, the frequency of minor injuries is controlled below 3‰ per year.
2. Management Objectives:
2.1 100% of construction safety technical briefing and three-level education rate of subcontractors and related personnel.
2.2 The qualified rate of license holders of special work types of subcontractor reaches 100%.
2.3 The rate of monthly equipment safety inspection and feedback by the relevant person in charge of the subcontractor reaches 100%.
2.4 Timely elimination of major accidents and hidden dangers, and general hidden dangers rectification rate of 100%.
C. Party A's rights, obligations and responsibilities
(a) Party A's rights
Party A has the right to require Party B to strictly implement the production safety laws and standards, comply with the rules and regulations on production safety and safe operation procedures, and implement accident prevention measures.
Party A has the right to require Party B to fulfill the duties of production safety, Party B's violation of Party A's safety regulations to stop and punish the serious violations of the right to require Party B to stop work for a limited period of time to rectify the construction team can not be rectified according to the requirements of the existence of serious safety hazards, Party A has the right to unilaterally terminate the contract, and does not bear the responsibility of breach of contract. Fully embodies the "safety veto system" seriousness.
Party A has the right to require Party B to maintain a variety of work tools, equipment and equipment, the construction (installation, demolition, maintenance) does not meet the provisions of the safe use of equipment and work tools have the right to prohibit its use.
Party A has the right to stop the work of those who enter the construction site without safety education.
Party A has the right to review, approve and check the implementation of the safety program and safety measures formulated by Party B. Party A has the right to stop the operation if there is no program, no measures and the measures are not implemented.
Party A has the right to conduct safety inspection of Party B's construction (installation, dismantling, maintenance) personnel's labor protection dress and special protective equipment, and the right to stop the work that does not meet the safety regulations.
Party A has the right to party B construction (installation, demolition, maintenance) personnel of the "three violations" of the penalty, the penalty: (1) into the construction site does not wear a helmet and incorrectly wear the penalties of ____ yuan / person, work at a height does not tie the seat belt penalties of ____ yuan / person. (2) Unauthorized use of prohibited work tools and equipment penalties ____ yuan. (3) prohibit the theft of tower crane, elevator installation-related equipment and accessories, such as the occurrence of such incidents after investigation and verification, in accordance with the stolen equipment, accessories, double the price of compensation, resulting in lost time and a larger amount of serious cases, transferred to the local public security organs to deal with.
(B) the obligations of Party A
Party A must conscientiously implement the state, the relevant provinces, municipalities and higher labor protection, production safety authorities issued by the relevant production safety, fire safety guidelines, policies, and strict implementation of the relevant labor protection laws and regulations, regulations, provisions.
Provide Party B with basic construction information on the location of the equipment to be installed, to ensure that the construction of construction cranes into the installation, dismantling of construction conditions required. Construction site has more than one tower crane operation, should be organized to develop and implement safety measures to prevent tower cranes collide with each other.
Party A shall, according to the different stages of construction, the surrounding environment, as well as seasonal and climatic changes, the construction crane to take appropriate safety measures.
Party A shall formulate emergency rescue plan for the use of construction cranes, and do the handover.
In the construction of lifting machinery within the scope of activities to set up obvious safety warning signs, the centralized operation area to do a good job of safety protection.
(C) Party A's responsibility
Party A is responsible for the approval of Party B to develop the construction (installation, demolition, maintenance) safety program, designate a person responsible for the Party B construction (installation, demolition, maintenance) personnel safety technology, operating environment, the degree of risk, emergency response to the safety of the briefing, and supervision and inspection of the implementation.
Party A for Party B to provide and create construction (installation, demolition, maintenance) operations must have a safe environment and labor conditions. If the construction site needs to fire, the A and B parties to send a person to monitor. Groundbreaking operations, Party A is responsible for contacting the relevant procedures, and supervise the marked underground pipelines, cables and other hidden works of elevation and direction, while on-site confirmation of the logo.
Party A is responsible for construction (installation, demolition, maintenance) in the process of the accident caused by Party A.
Party A is responsible for Party B in the construction (installation, demolition, maintenance) in the process of accident investigation.
Fourth, Party B's rights, obligations and responsibilities
(a) Party B's rights
Party A's safety management to put forward rationalization and improvement suggestions.
In the construction (installation, dismantling, maintenance) operations, Party B has the right to refuse to carry out Party A's illegal command, forced risky operation.
Party B has the right to request Party A to contact the unit where the work is done to provide safety conditions and environment in line with the construction (installation, demolition, maintenance).
(B) the obligations of Party B
Party B must conscientiously implement the state, the relevant provinces, municipalities and higher labor protection, production safety authorities issued by the relevant guidelines and policies on production safety, fire safety, and strict implementation of the relevant labor protection laws and regulations, ordinances and regulations.
Party B should be in accordance with the special construction program for the installation and dismantling of construction cranes and safe operation procedures for the organization of installation and dismantling operations. Party B's professional and technical personnel, full-time safety personnel shall carry out on-site supervision, the person in charge of technology should be regular inspections.
Party B for installation, should organize the relevant personnel construction safety and technical briefings, and sign to confirm, and stamped with the official seal of the installation unit.
After the installation of construction cranes, Party B in accordance with the safety and technical standards and the relevant requirements of the installation instructions for self-inspection of construction cranes, commissioning and test run. Self-inspection of qualified, should issue a certificate of self-inspection, and to the Party for safe use of instructions.
(C) Party B's responsibility
Party B must fulfill the safety responsibilities, strict implementation of safety regulations, standards, and conscientiously comply with the "Work Safety Law" and safety regulations, safety practices, the implementation of accident prevention measures.
Establishment of a sound construction (installation, demolition, maintenance) site safety inspector system and network, clear safety first person responsible for site operations to have a person responsible for safety.
Party B construction (installation, dismantling, maintenance) operators did not receive entry safety education, as well as enter the site without pre-operation safety education, is strictly prohibited to enter the site operations.
Party B construction (installation, dismantling, maintenance) personnel must strictly implement the construction elevator, tower crane, and Party B construction (installation, dismantling, maintenance) operation of the unit's safety and technical procedures and management system, the relevant provisions, and consciously accept the operation of the unit, the security department of the Party and the safety management personnel to supervise and inspect.
Party B should be based on the construction (installation, dismantling, maintenance) operation project content of the preparation of the "construction organization plan" and "security measures", by the unit of operation and Party A review and approval before implementation.
Party B must comply with the safety requirements of the use of work equipment and safety facilities, is strictly prohibited the use of work equipment does not meet the specification requirements.
Party B into the site operation of a variety of labor protection, safety and fire protection equipment should be self-prepared.
Party B construction (installation, dismantling, maintenance) operators should work in the specified area, without the permission of Party A shall not exceed the regional operation. Holidays, night and work in the unit rest time construction (installation, demolition, maintenance) must be agreed by the Party and the unit of work. Unauthorized use of the unit's various equipment, or the consequences.
Party B personnel before entering the site must be in accordance with the provisions of the wear good labor protective equipment, construction breaks shall not scurry.
Party B in the construction site must set up obvious safety warning signs, in the hall outside the door must be set up red warning lights.
Party B must obey the work of the unit and Party A safety management personnel management.
Party B in the flammable and explosive production areas used in the middle of the temporary cable shall not have a broken line, and to be suspended in order to prevent the breakage of leakage sparks.
Party B in the production area construction (installation, removal, maintenance) operations are strictly prohibited to use iron to knock the site equipment and pipelines.
Party B in the production area of construction (installation, demolition, maintenance) clean-up, it is strictly prohibited to litter the clean-up of waste and combustibles, to ensure that the work site civilized construction.
Fifth, the responsibility for breach of contract and processing
In addition to the above Party A "responsibility" in the clear, Party A causes the responsibility for safety accidents caused by Party A, in addition to Party A bear. In this production process occurred in the safety accidents, caused by Party A and Party B, the economic loss of people, property, goods and legal responsibility should be borne by Party B. Specifically covering the following aspects:
Party B bears the responsibility for various accidents caused by not receiving the relevant safety education, not wearing labor protective equipment according to the regulations, not obeying Party A's safety management, exceeding the designated area, exceeding the time limit for work.
Party B bears the responsibility for all kinds of accidents caused by violating the safety management system and regulations of Party A or the unit where the work is carried out, violating the safety regulations, not working according to the construction program, not implementing the safety technical measures, and not taking place on-site safety management.
Party B bears the responsibility for various accidents caused by its own unauthorized command, unauthorized operation, violation of labor discipline, and unauthorized use of equipment in the unit of operation.
Party B is responsible for compensation for injuries and property losses caused by Party A's personnel and the unit where the work is done.
Six, force majeure liability
Due to force majeure factors (such as natural disasters, war, unrest) caused by production safety accidents, caused by Party A and Party B people, property and material economic losses, by Party A and Party B each bear their own people, property and material economic losses.
VII, the two sides in the signing of the subcontract at the same time, and signed this agreement, and the contract came into force at the same time, and may be supplemented by the signing of the outstanding issues.
VIII, this agreement in duplicate, A and B each party to sign a copy.
Party A (signature): _______________ Party B (signature): _____________
Party A's representative (signature): ___________ Party B's representative (signature): _________
Or commissioner: __________________ or commissioner: ________________
Date of signing: __________________ Date of signing: ________________