Supplementary agreement on the contract for the sale of commercial real estate
Seller:
Buyer:
According to the seller, the buyer signed the "contract for the sale of commercial real estate" (contract No.) (hereinafter referred to as the contract) Article 21 of the provisions of the contract, now on the contract of the unfinished business, the two sides have reached the following supplemental agreement in order to *** with the letter and spirit:
Article 1 Confirmation of area and handling of area discrepancy.
The buyer shall sign an agreement on the settlement of area and payment discrepancy with the seller at the time of delivery of the commodity house and settle the payment, otherwise the seller shall have the right not to hand over the house, not to apply for the certificate of ownership of the house for the buyer and shall not be regarded as the seller's late handing over of the house or late application for the certificate of ownership of the house, and the risks and adverse consequences arising therefrom shall be borne by the buyer.
The projected area of the commercial property is projected in accordance with the current norms of property measurement and the relevant supplementary documents. If the difference between the projected area and the actual area is caused by the adjustment of the government's relevant property measurement standards and documents at the time of delivery of the commercial property, it shall not be regarded as a breach of contract on the part of the seller, and the handling of the area difference in accordance with Article 13 of the contract shall not be applicable. Both parties agree that the difference between the projected area and the measured area shall be settled by the buyer and the seller according to the facts, and the more refunded, the less made up.
Article 2 Payment Methods and Periods
1. One-time Payment
The buyer shall pay the seller a one-time payment of RMB (the following currencies are all in RMB) Yuan (capitalization: One Hundred Thousand Thousand Hundred and Thousand Yuan) within the date of the signing of the contract (i.e., before the day of the year and month of the month of the month of the month of the month of the month of the month of the month of the month of the month of year of year of year of year of the month of year of the year of year of the year of contract signing of contract signing of contract signing of contract signing of contract signing of contract
1.
2. Payment by way of loan
The buyer shall pay to the seller the down payment of % of the total purchase price of the house within days from the date of signing of the contract RMB (capitalized: one hundred and ten thousand thousand and one hundred and one hundred and one hundred and one yuan) (including the paid deposit RMB).
The rest of the price yuan, the buyer in the way to the bank loan payment.
Article 3 Loan Implementation Methods and Related Responsibilities
1. When signing the contract and this Supplementary Agreement, the buyer has been fully aware of the conditions and procedures of personal housing mortgage loans (including provident fund loans) and all the fees required to be paid, and undertakes that his actual situation is in full compliance with the relevant conditions of application. In the event that the bank refuses to provide the buyer with a loan, or requests a change in the amount of the loan, the percentage of down payment, the number of years of the loan, or requires the buyer to provide additional information, or provides a separate guarantor, due to the fact that the buyer's actual situation is not in line with the relevant requirements and conditions, or due to any other reason of the buyer, the buyer shall unconditionally cooperate with and negotiate a change in the contents of the relevant contract with the seller.
2, the buyer shall from the date of signing this agreement within 7 days of the seller to provide all the relevant information for personal housing mortgage loan (specific content to the lending bank to determine shall prevail) and for mortgage loans; buyer failed to submit information on time or submitted information is incomplete or does not meet the requirements, or in the seller's notice to apply for the mortgage loan formalities within 7 days of the date of the bank mortgage loan formalities have not been handled. loan formalities, the buyer shall be deemed to be in default.
(1) If the overdue period is within 30 days, the buyer shall pay liquidated damages to the seller in accordance with the standard of one ten thousandth of the total purchase price per day;
(2) If the overdue period is more than 30 days, the buyer shall pay the balance of the purchase price and liquidated damages in one lump sum on the day following the overdue period of 30 days (and the liquidated damages shall be paid to the seller in accordance with the standard of one ten thousandth of the total purchase price for every one day overdue); otherwise, the seller shall have the right to terminate the contract and shall be deemed to be in breach of contract. , the seller has the right to terminate the contract, and the buyer shall pay the liquidated damages to the seller in accordance with the seller's actual loss.
(3) The buyer applies to the bank for a personal housing loan in the amount and for a period of years subject to the final approval of the bank. If the loan amount approved by the bank is not the same as the amount applied by the buyer, the difference between the two shall be treated as the down payment that the buyer should pay with his own funds, which shall be paid in one lump sum by the buyer to the seller within 7 days from the date of the bank's approval of the loan amount, and the buyer shall delay the payment
3. If the buyer chooses to pay for the mortgage by the bank's housing provident fund, he shall be required to comply with the following terms and conditions:
(1) The buyer shall sign the loan contract with the aforesaid bank and go through the corresponding loan formalities within 7 days after the seller has issued the notice for the provident fund loan. The loan amount and the number of years for the provident fund loan shall be subject to the approval of the Provident Fund Management Center. The difference between the loan amount approved by the Provident Fund Management Center and the amount applied for by the buyer shall be treated as a separate down payment to be paid by the buyer and shall be paid by the buyer within 7 days from the date of receipt of the seller's notice. The buyer shall supplement the information in a timely manner in accordance with the review requirements of the Provident Fund Management Center and cooperate with the seller to change the contents of the relevant contract.
(2) If the buyer is still unable to cooperate with the seller within 15 days after the seller has issued a notice to handle the provident fund loan
(3) the buyer shall provide the seller with all the relevant information for handling the personal housing mortgage loan (the specific content of which shall be subject to the determination of the lending bank) and handle the mortgage loan within 7 days from the date of the seller's notice, and the liability for breach of contract for the late payment and the handling of which shall be in accordance with Article II, Paragraph 2 Provisions of the implementation.
(4) During the seller's guarantee period, if the seller assumes the guarantee responsibility due to the buyer's failure to repay the bank loan on time, the seller has the right to recover from the buyer. The buyer shall, on the day following the seller's assumption of the guarantee liability, liquidate to the seller the amount of the guarantee assumed by the seller and the seller's other expenses incurred in the process, including attorney's fees, or else the buyer shall also pay the seller liquidated damages at the rate of one ten-thousandth of the amount assumed by the seller on a daily basis from the date of the seller's actual assumption of the guarantee liability.
(5) If, for reasons attributable to the buyer (such as failure to repay the bank loan on time), the lending bank rescinds the loan contract with the buyer or causes the seller to assume the guarantee responsibility which results in the seller repaying the lending bank's loan and other sums of money for the buyer, the seller shall have the right to rescind the contract. When the seller rescinds the contract, the buyer shall pay to the seller the balance of the mortgage loan that the seller (including the bank) has repaid on behalf of the buyer and the interest on the loan, the late payment fee, the penalty for breach of contract, the litigation cost, the attorney's agent's fee, the tax paid for the transfer of the certificate of title of the house, and all other related expenses and direct and indirect losses. The buyer shall vacate the commodity house to the seller after the seller has issued the notice of termination of the contract, and the part which has been renovated by the buyer shall be owned by the seller free of charge without compensation from the seller.
Article 4: Supplement to the seller's liability for late delivery
If the following circumstances lead to the late delivery of the commercial property under the contract, the delivery may be postponed according to the facts, and the provisions of Article 10 of the contract concerning the seller's liability for late delivery of the commercial property shall not apply, but the seller shall produce relevant documents as a basis for exemption:
A.Enforcement of laws, rules and regulations, and governmental regulations and other Mandatory documents;
B. Other natural disasters or accidents;
If the late delivery is caused by Party B, the costs incurred shall be borne by Party B.
Addition to the Agreement on Article 5 Planning and Design Changes
1. If the planning and design changes are directly caused by governmental administrative orders, laws and regulations, changes in norms and standards, and force majeure factors, the seller shall notify the buyer of the changes in writing within 30 days after the changes have been established but shall not be liable for breach of contract.
2. The buyer shall have the right to make a written reply as to whether or not to withdraw from the property within 15 days from the date of arrival of the notice. If the buyer does not make a written reply within 15 days from the date of arrival of the notice, it is regarded as accepting the change, and the rights and obligations of both parties will still be carried out according to the contract and this supplementary agreement.
3. The "design of the commercial property" referred to in this contract means: the design of the unit type of the commercial property purchased by the buyer and the design of the use of the building in which the buyer purchased the commercial property, and the "design change" refers only to the change of the type, orientation and use of the whole building of the commercial property. The "design change" only refers to the change of the room type, orientation and the use of the whole building of the commercial property.
4. Under the premise of not affecting the quality or use function of the commercial property purchased by the buyer, approved by the planning department or agreed by the design unit, the seller may make partial adjustments to the original planning and design program without notifying the buyer. If the change does not need to be approved by the planning department or the design unit agrees, the seller can adjust the original planning and design program without affecting the quality and use function of the commodity house purchased by the buyer, and may not notify the buyer.
5. If the area of the commercial property changes due to design changes, both parties shall deal with it in accordance with Article 5 of this Supplementary Agreement.
6, boiler room, transformer room / box / station, regulator station, garbage disposal station, septic tank and other community facilities and functional facilities and other buildings and facilities have not yet been finalized, does not belong to the scope of the environmental layout, the buyer agrees to the seller for the overall interests of the community or at the request of the relevant competent authorities on the
Article VI of the delivery of commercial real estate
1. Before the delivery time of the commercial property agreed in the contract, the seller shall notify the buyer of the delivery procedures by sending SMS/notifying the buyer by phone/publishing a newspaper. If the buyer is notified by sending a text message or publishing a newspaper, the time of delivery of the notice shall be the day when the text message is sent or the newspaper is published. If the seller notifies the buyer by telephone, the time of delivery of the notice is the time when the phone call is connected, and the two parties sign the delivery notice at the site of the delivery of the house. If the buyer does not receive the delivery notice by then, the time agreed in this contract shall be the time of delivery, and the location of the house shall be the place of delivery.
2. After the buyer goes through the delivery procedures of the commercial house with the delivery notice for the commercial house and hands over the key of the commercial house, it is considered that the commercial house under the contract has been delivered. From the date of delivery, the risk responsibility of the commercial property is transferred to the buyer.
3. If the seller has issued the notice of delivery of the commercial property as scheduled or the buyer has received the notice of delivery of the commercial property, and the buyer has not taken over the commercial property within the delivery period notified by the seller, the seller is deemed to have delivered the commercial property under the contract to the buyer. From the date of deemed delivery, the risk and responsibility of the commercial property shall be transferred to the buyer, and thereafter all expenses relating to the commercial property (including, but not limited to, water, electricity, gas, heating, sanitation, property management, cable TV rental fees, etc.) shall be borne by the buyer, and the warranty period of the house shall also be calculated from this date onwards.
4, the buyer agreed to accept the seller's early delivery. After the buyer receives the seller's notice of early delivery, the buyer shall take over the house within the period notified by the seller for delivery of the house. If the buyer fails to take over the house within the period notified by the seller for delivery of the house, it shall be deemed that the seller has already delivered the house under the contract to the buyer, and the responsibility for the risk of the house shall be borne by the buyer, and thereafter all the expenses relating to the house (including, but not limited to, the water bill, electricity bill, gas bill, heating fee, sanitation fee, property management fee, cable TV rental fee, etc.) shall be borne by the buyer, and the warranty period of the house shall be calculated from this date.
5. If the buyer needs to take possession of the house before the date of delivery agreed in the contract, the seller can facilitate the buyer to take possession of the house in advance after the completion and acceptance of the project.
6, housing delivery, the buyer that the house itself or the environment, equipment, there are not in line with the contract, the two sides should be completed after the delivery, in accordance with the regulations and the contract.
7, commercial housing delivery, the buyer of housing and decoration quality, public **** facilities, equipment, quality objections, the seller shall give explanations and instructions, still can not reach an agreement, the buyer may commission a qualified testing department on the objections to the quality of the part of the test, such as the testing department to put forward the views of the return to repair, the seller to bear the costs, and vice versa by the buyer The buyer shall bear the costs.
8. The seller has the right not to hand over the house until the buyer has paid the total purchase price or other payable sums in accordance with the contract and this agreement.
9. If the occurrence of force majeure events and other factors beyond the control of the seller, resulting in the construction and installation of the house or the seller's performance of the obligations under the contract is delayed, the seller has the right to postpone the date of delivery of the house for a period equivalent to the period of time that such time effect lasts, without having to bear any responsibility for the delay, and without having to reimburse the buyer for any costs.
10. The seller may notify the buyer of a delay in the delivery of a house by telephone or registered mail or express mail or newspaper announcement.
11. If the buyer has any objection to the quality of the house at the time of delivery, he should submit it in writing.
The buyer in accepting the house, in addition to the quality of the main structure of the house or other quality problems affecting the use of normal residence of the house, shall not refuse to accept the house on the basis of the quality of the house's construction, decoration and decoration. Otherwise, the seller is deemed to have completed the delivery obligation.
The buyer, in the process of acceptance of the house, that there is a need to repair matters, should be in accordance with the provisions of the "Quality Guarantee of the house" to require the seller to undertake the obligation of warranty, but the repair matters can not be used as a buyer to refuse to accept the house and require the seller to assume responsibility for the late delivery of the house.
12. If the buyer is unable to go for the delivery of the commercial property on the delivery date agreed in the contract, it may appoint an agent in writing to go for the delivery of the commercial property, but the agent must meet one of the following conditions in addition to the statutory requirements for an agent:
Notarized commission, and submit the original notarized commission certificate to the seller before the expiration of the delivery period agreed in the contract. ;
The buyer himself and the agent before the date of delivery of the house, carrying their respective original identity cards and photocopies (two) at the same time, to the seller face to face for the original power of attorney for the delivery of the house.
Article 7 of the seller on the decoration, equipment standard commitment default liability supplement
The seller to deliver the use of commercial housing decoration, equipment standards should be in line with the two sides agreed (Annex IV) of the standard, including the same quality of materials, equipment replacement situation. If the standard of quality and equipment of the commercial house delivered for use by the seller is not in conformity with the agreed standard in Annex IV, the seller shall bring it up to the original standard, but if the seller's modified standard or the standard of the relevant materials used by the seller is equal to or higher than the original standard, the buyer shall not raise any objection or request the seller to bear any breach of contract responsibility.
Article VIII Handling of Property Rights Certificate of Commercial Premises
1. If the buyer entrusts the seller to handle the house property rights certificate of the purchased commercial premises, it shall submit to the seller the required information for the house property rights certificate (including the contract of purchase of the premises, copies of the identity cards of both husband and wife or of a single person, copy of the household registers of the minors and their guardian's identity cards and copies of the household registers, Purchase receipt, power of attorney, area settlement agreement, etc.) and relevant fees (including special maintenance funds, relevant taxes and fees, and settlement payment for area discrepancy, etc., subject to the latest regulations of the housing management department and the tax department in case of changes). Otherwise, the seller may charge the buyer liquidated damages at the rate of one ten-thousandth of the total purchase price for each day of overdue payment and defer the time for the buyer to apply for the certificate of property ownership.
2. If the buyer applies for the real estate certificate by himself, he should apply for the title certificate by himself to the relevant application after receiving the seller's notification of the real estate certificate and bear the corresponding costs, and if he does not apply for the certificate by himself after the due date, the buyer shall bear the corresponding consequences.
Article IX warranty
Warranty period the buyer purchased the commercial housing within the scope of the warranty problems, should be put in writing to the seller, the seller should be sent within three working days to reply and overhaul, according to the "Residential Quality Warranty", give warranty services in a timely manner; such as force majeure, the buyer renovation and improper use of the seller can not be attributed to the seller of the reason The seller is not responsible for any damage caused by force majeure, improper decoration and use of the buyer and other reasons not attributable to the seller, the seller is not responsible for, but can assist in the maintenance of the repair costs borne by the buyer.
The seller of the buyer's purchase of commercial housing adjacent to the house or public **** parts and facilities for maintenance, the need for the buyer to assist, the buyer should be the first to provide facilities, the buyer of the damage caused by the buyer, in accordance with the provisions of the truthful compensation. If the buyer refuses or fails to assist in time without justifiable reasons, the buyer shall bear the responsibility for the enlarged part of the damage.
The buyer shall protect the seller's ancillary facilities and pipelines set up in the interior and public **** areas. The buyer shall not damage the building structure and supporting facilities and pipelines when carrying out secondary renovation of the transferred house, and the renovation plan shall comply with the relevant government regulations and be reported to the property management company for the record, and the buyer's renovation work or renovated house shall not affect the normal use and maintenance of the indoor and public **** area supporting facilities, pipelines, and public **** facilities, and shall bear the corresponding restoration and compensation for the damages caused. The damage caused shall be subject to corresponding restoration and compensation.
Addition to Annex II of Article 10 of the Contract
The seller has made public to the buyer on site the Report on the Survey and Mapping of Housing Area issued by the real estate surveying and mapping agency, and the buyer recognizes the way of constituting the apportioned floor area of the *** part of the commercial housing and the *** housing disclosed in the report.
Eleven on the preliminary property management, it is agreed as follows:
(1) Property management unit and commissioning period
The property management unit of this project is Henan Evergreen Group Property Management Co., Ltd. and the management period is terminated from the date of delivery of the commercial house to the time when a new property management service contract is effective after the establishment of the owner's committee of the project and the property management service enterprise.
(2) Contents of property management services
a) Repair, maintenance and management of the parts used for property ****.
b)Operation, repair, maintenance and management of facilities and equipment used in the property***.
c)Cleaning and sanitation of property*** use parts and related sites, collection and removal of garbage and dredging of rain and sewage pipes;
d)Maintenance and management of public*** greening;
e)Assistance in the management of matters such as maintenance of public*** order and safety precautions;
6)Decoration management services;
f)Property file information management.
(3) Fees for services related to property management
The property service fees for this property management area are subject to a lump sum system.
Property service fees shall be paid by the owners according to the floor area of the properties owned by them, and the expenditure on property services shall be fully utilized for the expenditure agreed in the Preliminary Property Management Service Contract for the project.
The cost of property services or the composition of property service expenditures generally include the following parts:
(a) the salaries of management and service personnel, social insurance and welfare fees extracted in accordance with the provisions of the welfare fee;
(b) the property *** use of parts of the property, *** use of facilities and equipment for the daily operation, maintenance costs;
(c) the property management area cleanliness and sanitation costs;
(c) the property management area cleaning and hygiene costs;
(d) the cost of property management services;
(e) the costs of property management services;
(f) the costs of property management services; < /p>
(d) property management area greening maintenance costs;
(e) property management area order maintenance costs;
(f) office expenses;
(g) depreciation of fixed assets of the property management business;
(h) property *** parts, *** facilities and equipment for use, and the cost of public liability insurance;
(ix) Other costs agreed by the owners.
Property *** use parts, *** use facilities and equipment for major repair, medium repair and renewal, remodeling costs, shall not be included in the property service expenses or property service costs.
(4) Use of Special Maintenance Funds
Before the establishment of the Owners' Meeting, the Special Maintenance Funds shall be used and apportioned in accordance with the ways stipulated by the state and the relevant regulations of the place where the Property is situated:
a) It can be used by the owners who own or are involved in the relevant interests by a vote of two-thirds of the voting rights or more, and after the use of which, it shall be used by the owners who own or are involved in this part of the interests. owners are assessed.
b)In case of emergency requiring immediate attention, the property management company shall first use it, and when it is used up, it shall be apportioned among the owners owning or involved in this part of the interest.
(5) Property Management Rooms
The developer provides property management rooms to the property management company in accordance with the regulations, and the property rights of the management rooms belong to all the owners, and they are used by the property management company without any compensation during the period of property management services.
Article 12 Others
(1) In view of the project's own attributes, planning ideas, development mode, etc., which are different from the characteristics of the general community, and is developed in phases over many years, and at the same time, according to the government-approved planning program, the infrastructure and the public *** supporting buildings will also be completed and delivered in phases, the buyer agrees to:
(1) In addition to the area to which the buyer's purchased house belongs, all other areas of the planning and development of the project are subject to the following conditions. area, the seller has the right to make adjustments to all the planning (including but not limited to functional planning, group setting and layout, environmental setting and layout, public building and supporting facilities setting and layout, building layout, road setting and layout, etc.), development time and development mode of other areas, and ultimately to the government-approved planning program shall prevail; the buyer agrees not to raise any objection to such adjustments;
( 2)Except for the delivery items agreed in the contract of sale and purchase of commercial properties signed by the buyer, this supplemental agreement and the relevant annexes are delivered according to the agreed date, the delivery time of other items (except for those implemented by the government) shall be subject to the agreement of both parties.
(3) The buyer shall comply with the seller's prompting and the management of the project's property management company in the use of the road and shall not, for any reason, carry out any act of blocking the road, closing the road, encircling the road, destroying the facilities on the road, randomly parking vehicles and other acts that impede the normal use of the road.
(4) The delivery of the public *** supporting buildings refers to the completion of the construction and the attainment of the conditions of use.
(5) The specific time for the commercial supporting facilities to be put into use shall be determined by the property owner. The seller only provides an overview of the business format and opening time of the commercial business, and does not guarantee this.
(2) The public ****scape facilities within the project shall be enjoyed by all property owners ****and bear the management and maintenance costs.
(iii) Regarding the ownership of the supporting facilities within the Project.
The public buildings, parking spaces, garages, clubhouses, kindergartens, public **** carports, etc. in the district where the commercial house is located are invested and constructed by the seller, and the ownership belongs to the seller. The seller sells (rents) the above facilities on the principle of first meeting the needs of the owners, and the selling price (rent) is agreed separately.
(4), in order to ensure the normal use of the parking space, the buyer shall sign an agreement with the seller and the property management company on the use of the parking space, and according to the agreement to use the parking space, do not use their own not obtain the right to use the parking space; at the same time, should be agreed to pay the relevant fees on time and consciously abide by the agreement of the other agreements.
(e), due to the maintenance of public **** interests (including but not limited to water and sewage, gas, heating pipes, flue, circuit facilities, public **** sewage wells inspection, maintenance, etc.), the seller or the relevant staff of the property services company has the right to enter the buyer purchased housing and ancillary compounds, but should be notified to the buyer in advance, and the buyer has the obligation to cooperate with, due to the buyer. The buyer shall be responsible for the losses caused to the seller or the third party due to the buyer's reasons, including actions and omissions.
(6), the buyer's purchase of commercial housing and the site of the demonstration unit may be part of the differences, the buyer in the signing of the contract for the sale of commercial real estate and supplemental agreement has been aware of the possible existence of such differences, and to understand the possible existence of such differences on the impact of the housing purchased by the buyer; buyer agrees to the delivery of the purchased housing to the buyer and seller to sign the contract for the sale of commercial real estate (including the supplemental agreement) and the agreement and the actual building at the time of delivery. The actual building at the time of delivery shall prevail.
(7) The naming right (including the right to change name) of the building, group and area in which the buyer purchases the house belongs to the seller;
(8) The windows and air-conditioning units which are exclusively belonging to the particular house in terms of planning (hereinafter referred to as the "incidental parts") shall be the exclusive possession of the owner of the house. (hereinafter referred to as "incidental parts") shall be exclusive to the owner of the house. This part of the warranty, maintenance responsibility, as the proprietary part. The buyer understands that the incidental parts are not included in the ownership area and are not considered as the pricing area, if in the future, due to the change of surveying and mapping rules and other reasons, the part is included in the ownership registration area, the buyer has to pay a separate contract price, and has to be dealt with in accordance with the contract on the change of the area. Both parties shall sign a supplementary agreement on the change of area in order to register the transfer of property rights, and the buyer shall bear the relevant taxes and fees.
Whether the incidental part has the right to vote and whether it needs to pay the special maintenance fund, property management fee and heating fee is in accordance with the regulations and the provisions of the Temporary Management Statute. Since the incidental part is acquired without compensation, it is not a condition for the delivery of the commercial property. The buyer of a commercial property shall not illegally change the shape, size and use of the incidental parts, and shall comply with the Temporary Management Statute and the management rules formulated by the Owners' Committee at a later stage.
The buyer's remodeling of the house results in a difference between the actual area of use of the house and the registered area of the property right, and any changes in rights and obligations arising therefrom shall have nothing to do with the seller.
(ix) In order to pursue the overall effect of the community, the material, laying area and color of the decorative material of the eaves of each residence will be different, and the seller will make local adjustments to the eaves effect of the commercial houses shown in the model units and publicity materials according to the overall requirements of the community, and the buyer shall not raise any objections to this.
(10), the fees charged by the area, before the registration of property rights to determine the area, in accordance with the contractual agreement of the building area as the basis for billing; registration of property rights to determine the area, the registration of property rights to determine the area of the building as the basis for billing. Except for the relevant government departments stipulate otherwise.
(k), the contract under the commercial housing cable television, communications, heating and other ancillary facilities need to be the buyer to the facilities of the management unit for the opening of the use of formalities and pay the relevant fees.
(xii), all electrical equipment in the house by the manufacturer to provide direct warranty, the specific warranty and warranty period to the warranty documents provided by the manufacturer shall prevail, if due to the quality of the electrical equipment caused by the buyer and the third party personal damage or material loss, by the buyer to the manufacturer to claim compensation, the seller to give the appropriate cooperation.
(xiii) Both parties shall not unilaterally terminate the contract on any other grounds except as agreed in the contract of sale and purchase of commercial real estate and supplementary terms or by mutual consent.
The buyer's purchasing power, property and other changes in their own objective circumstances, the seller's property, business conditions and other changes in their own objective circumstances, property depreciation or appreciation, market changes, changes in the economic situation are commercial risks, no party shall not be based on the claim that the contract is canceled or changed, if either party refuses to fulfill the contractual obligations on this basis, should still be in accordance with the law or the contract should bear the corresponding If any party refuses to fulfill the contractual obligations for this reason, it shall still be liable for the corresponding default responsibility according to law or contract.
When the contract is canceled due to legal provisions or contractual agreement, both parties shall cooperate with each other to handle the cancellation of the registration of this contract, the cancellation of the mortgage registration, the cancellation of the registration of the preview and the cancellation of the mortgage contract within three working days after the cancellation of the contract for sale of commodities and the seller shall refund the amount paid by the buyer within ten working days after the completion of the aforementioned formalities and the buyer's handing over of the housing back to the seller. If liquidated damages or interest should be calculated in accordance with the agreement or the law, they shall be calculated together with the refund.
(xiv) Party B understands that the ground plan of the project will possibly be optimized and adjusted according to the adjustment of the plan, and the delivery standard will be subject to the approval documents of the governmental authorities, and no notice will be given if there is any change.
(xv) The communication between the parties shall be based on the telephone, fax and correspondence address stated in the contract for sale and purchase of commercial properties, and both parties guarantee the authenticity of the information provided and are responsible for its authenticity. One party shall notify the other party in writing of any change in the means of communication within five days after the change.
(16), the contract for the purchase and sale of commercial properties and this supplementary agreement, the written notice of the delivery of registered mail or express mail or the project location of the main local newspaper media bulletin delivery; the use of
(17), the two sides in the performance of the contract in the process of the disputes, the negotiation does not work, either party may apply to the Pingdingshan Arbitration Commission for arbitration. Neither party shall, for any reason, take unlawful means and ways to damage the other party's personal rights, property rights and other rights. Otherwise, it shall bear the corresponding legal responsibility.
(xviii) Effectiveness of information outside the contract
(1) Any information expressed and provided by any party of the seller and buyer through verbal, written, physical and other forms (including but not limited to verbal explanations, advertisements, building books, model units, sand trays, models, etc.) before signing the contract shall no longer be used as the basis for determining the rights and obligations of the two parties. The information and data in the seller's sales brochures and advertisements shall be subject to the approval documents of the competent governmental authorities.
(2) The seller's description or introduction of the environment, public **** facilities, road traffic, etc. outside the scope of planning and construction is only for the buyer to provide reference information, and does not constitute the seller's promise.
(3) The function of the model house displayed by the seller is only to serve as a guide to the spatial layout, decoration and furniture placement, and is not to be construed as a sample of the delivery standard or the contract
(4) Due to the limitation of the proportion or the method of presentation, some of the appurtenances or structures may not have been indicated on the floor plan and the model.
(19) Before the delivery of the ancillary facilities of the project, the seller has the right to carry out advertising and publicity activities for the project, provided that such activities do not affect the normal life of the owners who have already moved in.
(xx) "Evergreen - Peach Blossom Garden" is the seller's trademark. (Peach Blossom Garden is not a trademark of the seller)
Thirteen project red line inside and outside the unfavorable factors description
In order to help customers to carefully buy houses, we now remind home buyers to pay special attention to the following matters before signing the legal documents:
(1) red line outside the unfavorable factors description
1, 3, 4, 37 bus stops, about 200 meters away from the Changlv-Peach Blossom Garden. There is no bus stop sign yet, our company only informs the information and does not provide guarantee for this. The final government implementation shall prevail.
3. The north side of the district is about 30 meters away from the red line for the railroad line in use, and the east side of the district is about 100 meters away from the red line for the railroad line in use, which may adversely affect the neighboring buildings.
4. The roads on the east and south sides of the plot may bring noise, light and exhaust fumes to the neighboring buildings.
5. There is a garbage transfer station in the northeast corner of the neighborhood, which may bring negative impacts to the neighboring buildings.
7. The seller has fully considered the impact of the above unfavorable environmental factors when setting the sales price.
Note:
(2) Explanation of unfavorable factors within the red line
1. The following public **** supporting facilities are now planned within the red line of this subdivision, which may still have an impact on the neighboring residences while complying with the national standards.
2. The south entrance, north entrance and east entrance of the subdivision may have an impact on the neighboring residences in terms of noise, light and exhaust fumes.
3, Buildings 1, 2, 3, 5, 20, and 21 are set up for commercial, which may have impacts such as noise, lights, and exhaust fumes.
4. Landscape fountains and fitness equipment are planned in the district for owners' enjoyment and use, please observe the safety tips.
5. There are supporting public buildings and power distribution facilities in the district, which may adversely affect the neighboring buildings.
6, the project parking for the above ground garage and underground parking, underground parking adjacent to the building has entrances and exits, may be parking around the residents of the noise, exhaust and lighting impact;
7, the project in addition to a clear delivery date of the residential units, the delivery of other parts of the delivery of time will be combined with the project's overall development plan to arrange for the progress of the progress.
8. There are various pipelines distributed in each building of the district, all of which may cause adverse impacts.
9. The seller has fully considered the impact of the above unfavorable factors when setting the sales price.
10, the above information, based on the government-approved planning and design programs; due to planning and design program adjustments