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Elevator installation project contract
Contractor: (hereinafter referred to as Party B)
After full consultation, Party A and Party B have signed this contract in good faith.
Rule number one. Project overview
1. 1 This project refers to the elevator installation project.
1.2 Both parties agree that Party A entrusts Party B to undertake all the work of this project.
1.3 Project location: within the project.
Article 2. Mode and scope of contracting:
2. 1 Contracting method: Party B undertakes the contracting construction by means of package design, package work, package materials, package quality, package safety, package civilized construction, package cooperation fee, package construction period, package water and electricity, package acceptance, package warranty and package tax.
2.2 The specific contracting scope is as follows:
This project is a turnkey project. Party B shall guarantee the quality of the contract elevator on time and in quantity, including transportation, storage, installation, debugging, acceptance (including the internal acceptance of the elevator by Party B and the acceptance of the elevator by the Bureau of Quality and Technical Supervision, and obtaining the elevator license) and after-sales service, and all expenses arising therefrom shall be borne by Party B..
Article 3: Quality Standards and Party B's Quality Assurance
3. 1 The construction of this project shall meet the following quality standards:
Code for Acceptance of Elevator Installation (gb 10060-93), Technical Conditions of Elevator (gb 10058-88), Safety Code for Elevator Manufacturing and Installation (gb7588-95), Elevator Test Method (GB1005)
3.2 Party B must carry out the construction in strict accordance with the quality standards agreed in this contract and the construction drawings and materials confirmed by Party A to ensure the quality.
Article 4, time limit for a project
4. 1 Determine the construction period as follows:
After Party A provides the shaft, machine room and power supply that meet the technical requirements of electrical/escalator civil layout, Party B shall complete all the installation work of this project within days from the date of Party A's notification of installation, and hand over the project that has passed the completion acceptance to Party A (including the acceptance time of the competent government department).
4.2 During the construction of this project, Party B must cooperate with Party A's construction project according to Party A's requirements.
4.3 During the performance of the contract, if the construction period is delayed due to Party A's design changes and other responsibilities, Party A and Party B can negotiate to adjust the construction period. ..
Article 5. Total contract price
5. 1 The total contract price of this project (including tax) is:
Total contract price: RMB: RMB only (¥)
5.2 The total contract price has included all expenses required by Party B to complete all the work agreed in this contract, such as installation fees, materials fees, construction coordination fees, scaffolding fees, hoisting fees, taxes and fees, etc. Except for the total contract price, Party A does not need to pay any other fees to Party B for the installation project. Party A provides power (and cables) to the elevator control box in the roof machine room (the control box is installed by Party B), and the wiring and transformers in the elevator control box in the machine room and the subsequent elevator shaft are installed by Party B, which is included in the contract price.
5.3 The total contract price shall not be adjusted at the time of settlement.
Article 6. terms of payment
6. 1 Payment method: Party A pays the contract price by cash/check/transfer.
Party B's bank account number is:
Bank of deposit:
Bank account number:
6.2 There is no advance payment in this contract. If yes, the advance payment is RMB, which will be paid on.
6.3 Except the advance payment, other payments shall be made in the following ways:
Party A shall pay 10% (RMB) of the total contract price as the down payment within 3 days from the date of signing the contract. Party A shall pay Party B 30% of the total contract price (¥) within 20 days before Party B officially enters the site for installation. 10% of the total contract price (RMB) shall be paid within 3 days after the installation is completed, accepted by the Municipal Bureau of Technical Supervision and relevant government departments, and the completion data is handed over. Pay 50% of the total contract price (RMB) within 3 days after the installation is completed and accepted by the Municipal Bureau of Technical Supervision and relevant government departments. For payment, Party A shall be responsible for providing Party B with a letter of guarantee issued by within/0/4 days before the delivery date of Party B, and the contents of the letter of guarantee shall be subject to Annex III of the supply contract. At the same time of payment, Party B shall provide Party A with a bank guarantee equivalent to 5% of the total contract price, and the guarantee period of the guarantee is the same as that of the elevator.
6.4 Party B must submit a payment application report to Party A before each payment, and Party A shall complete the review within 65,438+00 working days from the date of receiving the payment application report from Party B, and pay Party B according to the above provisions. If Party A disagrees with the payment application report submitted by Party B, it shall notify Party B in writing within 65,438+00 working days from the date of receiving the report, and make payment after negotiation between both parties.
6.5 Before each payment by Party A, Party B shall issue a legal and valid invoice to Party A, which is consistent with the amount paid by Party A and complies with the fiscal and taxation regulations.
Article 7. Party A's responsibilities
7. 1 Designate Party A as its representative.
7.2 The representative of Party A shall supervise and manage the progress and quality of the project, and inspect the concealed works. If the progress or quality of the project does not meet the requirements of Party A, it has the right to issue a progress notice or a quality improvement notice in time; Have the right to request Party B to speed up the construction progress and rectify the project.
7.3 Pay the money stipulated in the contract to Party B on time according to the payment method agreed in the contract.
7.4 Party A is responsible for examining and approving the construction scheme, construction organization design and project budget and final accounts prepared and submitted by Party B. ..
7.5 Responsible for organizing the project completion acceptance and handling the completion settlement.
7.6 Be responsible for providing elevator civil engineering or elevator shaft and machine room (including building reference axis and floor elevation, etc.) that meet the technical requirements of elevator civil engineering layout. ).
7.7 Responsible for the civil engineering of hoistway. After the completion of the shaft, the sundries in the shaft, including drainage and waterproofing, shall be cleaned up in time, and Party B shall be informed of the inspection date. If any unqualified part needs to be corrected after inspection, Party A shall complete it within the time agreed by both parties.
7.8 According to the requirements of local construction committee, labor safety supervision department, fire department and other government departments, Party B shall provide the required information and documents and handle safety matters.
Party B is responsible for the examination and approval of installation and construction, relevant safety construction procedures and acceptance procedures of relevant government departments.
Article 8. Party B's responsibilities
8. 1 Designate Party B as its representative. The representative of Party B shall organize the construction according to the construction organization plan (or construction plan) approved by the representative of Party A and the instructions and requirements issued according to the contract. In case of emergency, if it is impossible to get in touch with Party A's representative, emergency measures can be taken to ensure the safety of the project and people's lives and property, and a written report will be issued to Party A's representative within 24 hours after taking the measures.
8.2 Party B guarantees that it has the construction qualification required to engage in the project construction agreed in this contract, and guarantees the authenticity, legality and effectiveness of its qualification.
8.3 Party B shall provide relevant embedded materials in coordination with the general contractor's civil construction progress, and shall also include: the coordination requirements of all civil works required by the elevator equipment design, supply and installation contract; Information about loads on beams and frames; Location information of all openings required for switches, ventilation and equipment; Elevator, shaft and pit, including guide rail fixing parts and relevant car platform position information.
8.4 Before the installation project starts, Party B shall prepare the design and construction details according to the engineering specifications and submit them to Party A and the designer for approval. All construction drawings shall be confirmed by the designer.
8.5 Party B shall submit the detailed construction organization plan and construction progress plan to Party A for review and confirmation before installation. During the construction period, Party B shall keep original records of the construction.
8.6 After the completion of the civil works of the hoistway and machine room, be responsible for checking the elevator hoistway, machine room and the components embedded or reserved by the general contractor within the time agreed by both parties.
8.7 Be responsible for the installation and debugging of the elevator, and hand over a set of spare parts and random data.
8.8 Responsible for hoisting and scaffolding.
8.9 Be responsible for the public facilities needed for the construction, and provide safe and civilized construction measures such as lighting, nursing, fence and so on.
8. 10 Any construction safety responsibility related to elevator installation during elevator installation and debugging shall be borne by Party B, and all legal and economic responsibilities caused by Party B's fault shall be borne by Party B..
8. 1 1 Party B shall be responsible for all the required materials and construction equipment except the partition beam in the shaft.
8. 12 added a protective plate in the car during installation, and it was removed after the probation period. Installation of well lighting. Clean up installation debris.
8. 13 is responsible for providing tripartite communication equipment, and the mother machine for installing the monitoring center is one mother machine, which can debug multiple hosts (computer room machines) and assist the unit to install tripartite communication system.
8. 14 is responsible for all the custody of the elevator during transportation, before construction, during construction, after installation until it is qualified, and before Party A and Party B handle the formal project handover procedures. If there is any damage, Party B shall repair it at its own expense.
8. 15 abide by the regulations of the local government and relevant departments on traffic, sanitary and civilized construction and construction noise management on the construction site, and go through relevant procedures, and the expenses arising therefrom shall be borne by Party B. If it is punished by relevant departments, Party B shall bear the fine and all losses.
8. 16 Carry out the construction according to the engineering quality and acceptance standards agreed in this contract to ensure the construction quality. Complete the project according to the contract. Designate the person in charge of safety and fire prevention, do a good job in site construction management and safety management, and keep the construction objects neatly stacked and the roads clear. Party B shall be fully responsible for the personal safety of Party B's personnel and personnel employed by Party B, and urge them to abide by the site construction safety, laws and regulations of the local government and relevant rules and regulations. All construction quality and safety accidents during the construction period shall be borne by Party B, and Party B shall report to Party A and relevant departments in time.
8. 17 is responsible for the inspection procedures and expenses of the relevant declaration documents provided by party a to the local government authorities before installation, and the inspection procedures after installation until they are qualified. Party B shall bear the liability for breach of contract caused by unqualified inspection and compensate Party A for all losses caused thereby. Unless it fails to pass the acceptance due to reasons other than the quality/installation of Party B's elevator.
8. 18 After the completion acceptance of the project is completed and Party A issues the completion acceptance certificate, Party A and Party B shall go through the formal project handover procedures. Personnel of Party B's construction unit must leave the construction site within 3 days.
8. 19 party b shall coordinate with the general contractor to determine their respective rights and obligations before entering the site for construction, and shall be subject to the unified management of the general contractor during the construction period, but there is no need to pay the construction coordination fee or general contractor service fee to the general contractor.
8.20 After the completion acceptance, Party B shall submit a formal completion settlement report according to Party A's regulations, which will be used as the basis for determining the settlement amount after Party A's approval. ..
8.2 1 should actively cooperate with other professional construction units for decoration construction.
8.22 Party B shall go through the installation and construction approval and related safety construction procedures before construction, and report to the labor safety and elevator quality inspection department for installation quality and safety inspection after installation and commissioning, and the expenses shall be borne by Party B. ..
Article 9. Supply of materials and equipment
9. 1 All materials and equipment required for this project shall be purchased and provided by Party B. The materials purchased by Party B shall meet the design specifications and project quality requirements of Party A, and the relevant provisions are as follows:
9. 1. 1 The materials purchased by Party B can only be used after Party A's acceptance.
9. 1.2 Party A's representative has the right to reject the materials purchased by Party B that do not meet the design and specification requirements, and Party B shall purchase the materials that meet the design, specification and quality requirements at the time required by Party A's representative, and bear the expenses arising therefrom, and the construction period will not be postponed.
9.2 The materials provided by Party B have not been inspected by Party A, and Party B shall not start work without authorization. Otherwise, Party A shall be compensated for the losses thus suffered. In case of overdue completion, Party B shall also bear corresponding responsibilities.
Article 10, project acceptance
10. 1 Acceptance of concealed works: When the works reach the acceptance stage of concealed works during the construction, Party B shall notify Party A and the supervisor for acceptance after the concealed works pass the self-inspection. After the acceptance, Party A and the representative of the supervision unit shall sign the acceptance record before entering.
After the project construction. If the acceptance is unqualified, Party B shall notify Party A of re-acceptance within the time required by Party A, and bear all expenses arising therefrom. If the completion of the project is delayed as a result, Party B shall also be liable for breach of contract. If Party B conceals itself, Party A has the right to require stripping or drilling, and Party B shall strip or drill, and cover or repair it after inspection, and the relevant expenses shall be borne by Party B, and the construction period shall not be postponed.
10.2 completion acceptance: after the installation and debugging of this project is completed, Party B shall notify Party A and the supervision company to accept this project. Since this project still needs to be submitted to relevant government departments for acceptance, Party B shall be responsible for checking and ensuring that this project has passed the acceptance of relevant government departments before being submitted to Party A for acceptance. After the completion and acceptance of this project is qualified, the three parties shall sign and seal to confirm the acceptance of this project, and at the same time, Party B shall hand over the completion and acceptance data (including completion drawings) and acceptance report in quadruplicate to Party A. If the project fails to pass the acceptance due to Party B's reasons, Party B shall rectify the project within the time limit required by Party A and bear all expenses arising therefrom. If the completion of the project is delayed as a result, Party B shall also be liable for breach of contract.
10.3 if the acceptance is controversial, it shall be verified by XX product technical quality supervision and inspection agency.
10.4 If Party A uses it in advance before the project fails to pass the acceptance, Party B's quality assurance and warranty responsibilities will not be exempted. However, all the consequences caused by Party A's unauthorized use of the elevator without Party B's consent shall be borne by Party A. ..
Article 11 Settlement
Party B shall submit the following settlement materials within days from the date of 1 1 project completion filing:
11.1.1settlement book printed manuscript and one electronic document, and the contents and order of settlement book binding are cover, single (or divisional) project acceptance sheet, compilation instructions, billing table, divisional settlement book and main material price list;
1 1. 1.2 project completion design data 1 set (including project completion design drawings, minutes of blue prints.the design, notice of modification and change) (original, independently numbered and bound);
1 1. 1.3 copy of the on-site visa form (original, binding independent number);
1 1. 1.4 contract (copy);
1 1. 1.5 Construction organization design or construction scheme (confirmed by Party A).
1 1. 1.6 filing form
The contents of the project completion settlement data must be complete and accurate. If Party B fails to submit the project completion settlement data according to the above requirements, Party A has the right to refuse to receive the settlement data, and Party B shall be responsible for the settlement delay caused thereby.
1 1.2 The quantities actually completed by Party B confirmed and approved by Party A shall be regarded as the completed settlement quantities of this contract. Within working days after the supervision company and Party A receive the complete project completion settlement data submitted by Party B, Party A shall verify the total project settlement price according to the above-mentioned completion settlement quantities, and both parties shall make settlement according to the total project settlement price.
1 1.3 When the project is settled, after verification by Party A, Party B fails to carry out the construction according to the construction drawings, construction specifications and Party A's instructions confirmed by Party A, or there are cases of cutting corners, it is deemed that Party B has breached the contract, and Party A has the right not to settle the above-mentioned project, and all losses caused to Party A therefrom shall be borne by Party B.. ..
Article 12, the project warranty
12. 1 The warranty period of this installation project is years from the date of acceptance by the competent government department.
12.2 during the warranty period, if there are quality problems, Party B shall be unconditionally and fully responsible for rectification and maintenance. Party B shall rush to the site for maintenance within 2 hours after Party A or the property management company designated by Party A sends a notice, until it reaches the quality standards stipulated in this contract, and complete the rectification and maintenance work according to the quality standards stipulated in this contract, and bear all expenses arising therefrom. Party A shall bear the cost of spare parts for fault maintenance caused by improper management and use of Party A..
12.3 during the warranty period, if Party B fails to complete the rectification or maintenance of engineering quality problems within the time required by Party A, Party A has the right to entrust a third party to rectify and maintain the quality problems, and Party A has the right to directly deduct the incurred expenses plus 15% management fee from the money payable to Party B. If the deduction is insufficient, Party A has the right to recover from Party B. ..
12.4 Party B promises to provide lifelong maintenance service for the project (after the warranty period expires, both parties will sign a paid maintenance service agreement) and be responsible for training six elevator maintenance personnel for Party A or the property management company designated by Party A. After the contract warranty period expires, Party B promises to provide technical and maintenance services to Party A or the property management company designated by Party A at a price level not higher than this contract.
Article 13 responsibility for breach of contract
13. 1 If Party A fails to make payment on time, Party A shall pay Party B a penalty of 0.5 ‰ of the unpaid amount for each day overdue, but the total accumulated penalty shall not exceed 3% of the total contract price.
13.2 If Party B fails to complete the project according to the completion date agreed in the contract, it shall pay Party A a penalty of 0.5 ‰ of the total overdue equipment price for each day overdue; If Party B fails to complete the project for more than 30 days, Party A has the right to terminate the contract unilaterally. In addition to the above liquidated damages, Party B shall also pay Party A a liquidated damages equivalent to 20% of the total contract price.
13.3 party b must carry out the construction in strict accordance with this contract and its annexes, the construction drawings, materials, construction specifications confirmed by party a and party a's instructions to ensure the quality. If it does not meet the above requirements, Party A has the right to refuse the acceptance and impose a fine on Party B, and 500 yuan every time. Party B must complete the rectification within the time required by Party A. ..
13.4 Neither Party A nor Party B shall disseminate or transfer the technology or data involved in this contract to a third party, and the breaching party shall pay the other party a penalty equivalent to 20% of the total contract price and compensate the other party for all losses incurred.
13.5 during the performance of this contract, if Party B commits corruption or fraud during the competition or execution of this contract, Party A has the right to unilaterally terminate this contract:
13.5. 1 "Corruption" refers to providing or giving anything of value to influence relevant personnel of Party A or the supervision unit.
Behavior in the process of contract execution;
13.5.2 "Fraud" refers to lying about facts, including collusion between bidders in the previous bidding process (before and after submission of bidding documents) and other fraudulent acts in the implementation of the contract, which makes Party A make a wrong judgment and thus harms Party A's interests.
13.6 after party a terminates the contract according to the agreement in this contract, party b shall not only pay the corresponding liquidated damages to party a, return all the money paid by party a and compensate all the losses of party a, but also complete the exit work within 10 day from the date when party a issues the notice of termination of the contract, including personnel evacuation, material handover and handover with a third party. At the same time:
13.6. 1 If Party A needs part of the work product that Party B has completed, both parties shall settle the account according to the work product, and Party B shall return the overpaid amount paid by Party A to Party A within 10 days after settlement.
13.6.2 If Party A doesn't need the finished work results of Party B, Party B shall return all the paid money to Party A within 10 days from the date of Party A's notice.
13.6.3 If Party B returns the above-mentioned funds to Party A within the time limit, it shall pay a penalty equivalent to 0. 1% of the above-mentioned funds to Party A for each overdue day.
13.7 party a has the right to directly deduct the liquidated damages and economic loss compensation that party b should pay to party a according to the provisions of this contract from the money that has not been paid to party b; if the deduction is insufficient, party b shall pay it to party a within 10 days from the date of party a's notice.
13.8 without the written consent of party a, party b shall not subcontract or subcontract this contract, otherwise, party b shall pay 20% of the total contract amount to party a as liquidated damages, and if losses are caused to party a, party b shall also be liable for compensation. ..
Article 14 force majeure
14. 1 During the performance of the contract, due to earthquake, typhoon, flood, fire, war or other unforeseeable force majeure accidents whose occurrence and consequences cannot be prevented and avoided, the performance of the contract is directly affected or the contract cannot be performed according to the agreed conditions. The party that has the above-mentioned force majeure accidents shall immediately notify the other party of the accident, and on 15. This certificate should be issued by the notary office where the accident occurred. According to the extent of the impact of the accident on the performance of the contract, both parties decide through consultation whether to terminate the contract, or partially exempt from the responsibility of performing the contract, or postpone the performance of the contract.
Article 15. Dispute and settlement
15. 1 If there is any inconsistency between this contract and its annexes, technical standards, design scheme and bidding documents, the order of interpretation is: this contract and its annexes, technical standards, design scheme and bidding documents.
15.2 In case of any dispute between Party A and Party B during the performance of the contract, Party B shall continue to perform the contract, maintain the continuity of construction and protect the completed project under any circumstances.
15.3 in case of any dispute during the performance of this contract, both parties may settle it through consultation or ask the relevant departments for mediation without affecting the progress of the project.
15.4 If the parties are unwilling to settle the dispute through negotiation or mediation, or negotiation or mediation fails, they may bring a lawsuit to the people's court where Party A is located.
Article 16 Entry into force of contract
This contract shall come into effect as of the date when the authorized representatives of both parties sign and seal in Guangzhou.
16.2 for matters not covered in this contract, a supplementary agreement can be signed through negotiation, and the supplementary agreement has the same legal effect as this contract.
16.3 this contract is made in quadruplicate, with both parties holding two copies, each of which has the same legal effect. The annexes to this contract are an integral part of this contract.
Article 17. contact information
Party B guarantees the contact information (including mailing address and telephone number, etc.). ) provided by Party B and marked as valid in this Agreement. If the contact information changes, Party B shall promptly notify Party A in writing. If Party B fails to notify Party A in writing, Party A shall send relevant notices and documents according to the contact information indicated in this Agreement, and it shall be deemed that the relevant notices and documents have been delivered to Party B, and Party B shall bear all the consequences caused by the failure to notify Party A in writing of the wrong contact information or the change of contact information. Contact information of Party B is:
Unit name:
Mailing address:
Contact person:
Contact telephone number:
Fax number:
E-mail:
Article 18. Other matters agreed by both parties.
Article 19. The annexes and appendices of this contract have the same legal effect as this contract.
Client (seal): Contractor (seal):
Legal Representative/Signature Representative: Legal Representative/Signature Representative:
Date of signature: year month day.
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