Contract No: ________________
[Guide 1] All new contracts have been numbered. The Shanghai Decoration and Decoration Industry Association will input the home decoration contract number purchased by the decoration company into the computer, on the one hand, it facilitates the statistical assessment of the industry's performance and eliminates moisture. At the same time, for small decorating companies that used to be linked to the past, they would not be able to copy the contract at random and “fly alone†to take advantage of the event. Therefore, as the consumer must use the official text when signing the contract, view the contract number, and refuse to use the photocopies or decorating company's own printed contract.
Employer (referred to as Party A):__________________
Contractor (B): __________________
The first project overview and cost
1. The housing of Party A decoration (hereinafter referred to as decoration) is legally owned.
Party A promises to have the right to decorate the house, and Party A shall bear all the consequences arising therefrom.
[Guide 2] Employers generally should be property owners. If you are a non-proprietor, you should obtain written consent from the property owner before renovating the house. The decorating company should also try to require the Employer to provide relevant rights certificates or certificates.
Party B is an enterprise that has been approved by the administrative department of industry and commerce for registration. The status of the enterprise's qualification is ___________________________________.
[Guide 3] The decorating company as a contractor should have corresponding qualifications. For this reason, we suggest that this contract should be signed at the decoration company's place of business so that the contract-issuing party can inspect the contractor's "corporate legal person business license" and enterprise qualification certificate before the signing of the contract to avoid encountering the "guerrilla guerrillas."
2. Decoration construction address _______ district (county) ______________ road _______ get (village) _______ _____ floor _____ room.
3. Housing structure _______ room type ____ room ____ hall ____ kitchen _________ balcony, set within the construction area _______ square meters.
5. Decoration construction content: See Attachment 1 "Construction Construction Contents Table".
6. Contracting method _____________________ (including contracted materials, clearing, and partial contracting).
[Guide 4] The contracted package materials refer to the commissioning and decoration companies that will purchase the decoration materials, and the other party shall uniformly report the materials and labor costs. The advantage is that the Employer saves time and effort, and the decoration company often deals with material suppliers and has its own fixed supply channels and corresponding inspection methods. Therefore, it rarely buys counterfeit materials. Decoration companies will buy large quantities of commonly used materials, so they can get a very low price. As far as suppliers are concerned, they will not easily sell unqualified decorative materials to decoration companies.
Clearing the package is to buy material for itself. The decoration company will construct it and labor costs will be paid to the decorating company. The material cost will be borne by the contractor. The advantage is that expenditures are transparent. Because it is purchased in person, how much money each kind of material spends is clear to the owner. The disadvantage is that the user needs to spend a lot of energy and time, if the purchase of materials is not timely, it is easy to delay the construction period. The main thing is that the owner is difficult to grasp the quality of the decorative materials, little is known about the texture and use of the materials, and because the number of purchases is small, wholesale prices are often not available. Once the project quality problems, it is difficult to distinguish between the quality of the process, or the quality of the material. Part of the contract is that some of the materials are purchased by oneself, and other materials and construction are borne by the decoration company. Its advantages and disadvantages mainly depend on the scope and quantity of the materials it purchases, and it belongs to the combination of package materials and clean packages.
7. The total price is ¥______yuan, and the yuan (uppercase) is _______yuan.
Including: material fee ____-___yuan, labor cost _______yuan,
Demolition fee _______ yuan, cleaning, transportation, transportation costs _____ yuan,
Other costs _______ yuan, management fees _______ yuan,
Taxes (3.41%) _______________ dollars.
"Management fee" is _____% of the sum (except taxes) of the above fees.
[Guide 5] According to the different levels of management services provided by the interior design company, the management fee may vary, but generally it does not exceed 10% of the total price of the decoration.
The “total price†is the amount after the confirmation of the design proposal and project quotation by Party A and Party B. Under normal circumstances, the increase and decrease of the completion settlement will not exceed 5% of the budget price in the absence of project changes.
[Guide 6] The decoration market is fiercely competitive. In order to attract business, some decorating companies do not hesitate to use ultra-low prices as a temptation. As long as they sign a list, they are not afraid that the owners will not pay when they arrive. Therefore, "low-elevation and high-going" has almost become the open secret of the decoration industry. The landlords have to accept the fact that they have a bill that is even more than double the budget and even doubles. The old version of the contract did not provide for such "low-cost fishing." The provisions of the new version of the contract mean that the decoration company's "low-cost fishing" quotation has been banned.
However, in real life, there is almost no possibility that the project will not be changed. Therefore, the new version of the contract does not allow the actual settlement price to increase by more than 5% of the budget quotation. We must also make additional stipulations in order to generate the expected binding force. For example, it is agreed that the contents of the project change shall be separately settled, and the settlement price of other items may not exceed 5% of the quotation. After the signing of the contract takes effect, if the construction content and materials are changed, this part of the construction fund shall be calculated according to the actual amount.
8. Duration: Starting from _____ year____ month____ day, to ______ year____ month____ days completed, duration _____ days. [Guide 7] The date of opening and completion must be clear, which is related to the determination of the liability for breach of contract after a dispute arises in the future.
[Guide 7] The date of opening and completion must be clear, which is related to the determination of the liability for breach of contract after a dispute arises in the future.
The second material supply
1. Materials and Equipment Provided by Party A: See Attachment II, “Party-Supplied Materials and Equipment Tableâ€.
The materials and equipment that Party A is responsible for purchasing and supplying shall be qualified products that meet the design requirements. After the materials and equipment provided by Party A are delivered to the scene on time, both Party A and Party B shall go through the acceptance and handover procedures, and Party B shall be responsible for safekeeping. The storage fee shall be agreed by both parties. If losses are caused due to improper storage, Party B shall be responsible for compensation.
[Guide 8] A list of materials should be provided, whether the materials provided by the Employer or the materials of the decoration company, include the material name, brand, specification, model, grade, quantity, unit price, and price. For the materials provided by the Employer, it is necessary to specify the specific time of delivery and the place of delivery in Annex 2.
2. The decoration materials and equipment purchased and supplied by Party A shall be used for the residential decoration as stipulated in this contract. Party A shall not use it for other purposes without the consent of Party A. If Party B violates this rule, it will be compensated to Party A twice as much as the diversion of materials and equipment.
[Guide 9] Materials provided for in the contract can only be used in this renovation project. The decorating company has no right to divert it, nor can it dispose of the remaining materials on its own.
3. Materials and Equipment Provided by Party B: See Attachment 3, “List of Engineering Material Quotesâ€.
The materials and equipment provided by Party B shall be notified by Party A in advance of acceptance. If it is not accepted by Party A and it does not meet the requirements of the project main material quotation list, it shall be prohibited from use. If it has been used, Party B shall be responsible for the losses caused to the project. Party A does not accept inspections on time and shall be deemed as accepting and accepting, but Party B will not be relieved of the responsibility arising from the purchase and use of materials in accordance with the quotations of the main materials of the project.
[Guide 10] This is a new addition to the new contract. The material provided by the decorating company should be checked and accepted by the Employer. The decorating company should also require the contracting party to sign for it as evidence of its own provision of materials.
However, this clause needs to be further clarified. The Employer will accept it within a few days after receiving the notice. If the contractor has not received the acceptance after receiving the notice, the decoration company should not be clear in the contract.
4. If, during construction, Party B finds that the materials and equipment provided by Party A have quality problems or differences in specifications, Party B shall promptly submit it to Party A. Party A still said that it was used, which caused the project quality problems. The responsibility was borne by Party A.
[Guide 11] The decorating company should promptly ask the Employer for inconsistent or quality issues with the materials provided in the contractual agreement. In the case that the Employer still insists on using it, the decorating company should require the Employer to write down details in a written manner so as to avoid wrangling after problems arise in the future. Note the relationship between this paragraph and Article 3, paragraph 3.
5. The materials provided by Party A or Party B shall comply with the "10 Mandatory National Standards for the Restriction of Harmful Substances in Interior Decoration Materials".
Article 3 Project Quality and Acceptance
1. This project implements the current National "Construction and Decoration Project Construction Code" and the current "Residential Decoration Acceptance Standard".
2. This project is designed by the party and provides construction drawings in one copy.
3. The quality of the materials and equipment provided by Party A was unqualified and affected the quality of the project. The rework cost was borne by Party A and the construction period was postponed.
[Guide 12] This paragraph is based on Article 2 Section 4, which means that if the decoration company does its duty of disclosure, then all responsibility is borne by the Employer. Otherwise, the contractor may have to bear it.
4. Due to the quality accident caused by Party B, Party B shall bear the cost of rework, and the duration will not change.
5. During the construction process, Party A shall propose to change or modify the design, increase or decrease a project, or change materials and equipment, and must contact Party B in advance. After signing the "Project Change Order" (see Annex IV "Project Change Order"), If construction is carried out, and thus the completion date is affected, it shall be agreed by both parties A and B. Where Party A arbitrarily negotiates with the construction personnel or other management personnel about the consequences of altering the construction content and increasing the construction project, Party A shall be responsible for it; Party A shall compensate the Party if Party B causes losses.
[Guide 13] The contractor proposes to modify the design or change the project. The decoration company must sign a written change order with the project company. The change order for the project should include: the project change content, material and equipment changes, the changed project price, and time limit adjustment. The change order actually corresponds to the change agreement of this contract.
The contractor's change project should sign the written content with the interior decoration company instead of negotiating in private with the construction staff (or called the employee to leave the cage). Otherwise, the decoration company will not be responsible for problems in the future.
6. Both Party A and Party B shall promptly go through the inspection and acceptance procedures for concealed and intermediate works. Party A shall not participate in the inspection and acceptance according to the date of the appointment. Party B shall organize the inspection and acceptance by Party B. Party A shall acknowledge it. Afterwards, if Party A requests reinspection, Party B shall conduct the retest as required. If the retest is passed, the reinspection and rework costs shall be borne by Party A, and the duration of the project shall be postponed; if the retest is not passed, the rework cost shall be borne by Party B and the duration shall not change.
[Guide 14] Covert projects must be promptly accepted, otherwise the decorating company can stop work. Of course, if the decorating company continues its construction, the decorating company should keep relevant evidence that has been notified to the contracting party.
The acceptance part of this contract basically adopts the concept of “pass†instead of “qualified†and “up to standardâ€. The reason is that the Employer itself does not have the corresponding professional skills to check whether the project is qualified or up to standard.
For acceptance of concealed works, it is best for the contractor to be able to check with the professionals.
7. After the completion of the project, Party B shall notify Party A to organize acceptance within seven days. If the acceptance is passed, the procedures for acceptance inspection shall be handled (see Attachment 5, "Project Quality Acceptance Form"), and Party A shall pay the full price according to the agreement. If Party A cannot organize acceptance within the specified time, Party B shall notify Party B in a timely manner and set an acceptance date. If the acceptance of the project is passed, Party A shall acknowledge the original date of completion of the project and assume Party B’s care costs and other related expenses. If decoration works have not been accepted or failed to pass the inspection, Party A shall have the right to refuse the acceptance, and Party B shall bear the responsibility for rework and postponement of delivery.
[Guide 15] After the completion of the project, the Employer shall promptly submit the matter to the decoration company when he/she finds out the quality problem, instead of obeying the commitment of the decoration company to repair it and sign the acceptance form easily. Otherwise, it will be very much in the future to investigate the responsibility of the default of the decoration company's project.
In the event of a dispute between the two parties on the quality of the project, the decoration company shall retain the relevant evidence that has been notified to the employer.
In order to prevent the two sides from wrangling in the event of disputes over the quality of the project, both parties should supplement the third-party independent supervision unit that has agreed on whether the project is qualified or not, and use it as the only basis for determining whether or not the project is qualified.
8. After the completion acceptance of the project, Party A will provide Party A with a "Project Warranty" (see Attachment VII "Project Warranty") after Party A pays the end of the project. The warranty period is ______years in accordance with the content of the tenth article of the demonstration text "Use Instructions". Party B also provides information such as pipeline construction drawings. Warranty is carried out on the basis of the warranty, and the warranty period starts from the date of completion acceptance by signing or sealing.
[Guide 16] When the project is completed and delivered for use, Party B shall provide Party A with the “Project Warrantyâ€, and the warranty period shall start from the date of acceptance of the completion and the warranty period shall not be less than two years. The project of the contracting and bagging materials implements the warranty for the entire project, and some of the contracted materials and materials projects implement the warranty for the relevant parts, and the contractor works only for the construction quality.
9. The payment of indoor air quality testing fees shall be agreed between Party A and Party B in Article 10 of this Contract.
[Guide 17] When the project is completed and accepted, indoor air quality testing should also be included as part of the acceptance. Both parties may pre-arrange the way in which the inspection agency and testing expenses are assumed in the contract.
Decoration decoration design interior decoration
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