Job Recruitment Website - Property management company - The service scope and matters needing attention of the property.
The service scope and matters needing attention of the property.
Chapter I General Terms and Conditions of Property Management Service Contract Article 1 The client of this contract (hereinafter referred to as Party A): Name: Client: Address: Telephone: Trustee (hereinafter referred to as Party B): Enterprise Name: Legal Representative: Registered Address: Telephone: According to relevant laws and regulations, on the basis of voluntariness, equality and consensus, Party A entrusts (property name) to Party B for property management. Article 2 Basic information of the property Name of the property: Property type: Location: No.4-No.4: Southeast and Northwest Area: square meters Building area: square meters. See Annex I for the composition of entrusted property. Article 3 The beneficiaries of the services provided by Party B are all owners and users of the property; Party A shall require all owners and users of this property to perform their corresponding obligations in this contract according to the owners' convention, assume corresponding responsibilities, abide by the management system for the use of * * * parts and facilities, and maintain public order and environmental sanitation of this property. Chapter II Entrusted Management Services Article 4 Maintenance, conservation and management of the use parts of the building body, including: floor, roof, external wall, load-bearing structure, stairwell, corridor, hall, etc. Article 5 Maintenance, maintenance, operation and management of * * * facilities and equipment, including: sewer pipes, downpipes, * * * lighting, antennas, high-pressure pump rooms, building fire-fighting facilities and equipment, central monitoring equipment, building lightning protection facilities, etc. Article 6 Maintenance, conservation and management of public facilities and affiliated buildings and structures, including roads, outdoor water supply and drainage pipelines, septic tanks, pump houses, ditches, pools, bicycle sheds, parking lots, etc. Seventh maintenance and management of green space, flowers and trees, architectural sketches, etc. Eighth ancillary buildings and facilities maintenance, conservation and management, including commercial outlets, culture, sports and entertainment venues. Article 9 Environmental sanitation includes the cleaning of public places and houses, and the collection and removal of garbage. Article 10 Traffic and parking order management. Owners and property users in this property management area park their vehicles in public places in this property management area, and the parking person shall sign a special contract with Party B ... Article 11 Maintenance of public order, including public security monitoring, patrol, past duty, etc. The matters agreed in the preceding paragraph do not include the personal and property insurance and property custody responsibilities of the owner and user, unless Party B signs another contract with the owner and user. Twelfth management and property related engineering drawings, residential user files and completion acceptance data. Thirteenth according to the entrustment of the owners' committee to organize community cultural and recreational activities. Article 14 Where the owner and the property user entrust the maintenance of the occupied parts and shared facilities and equipment of the house, Party B shall accept the entrustment in principle, but the expenses shall be determined by both parties through consultation. Fifteenth of the owners and property users in violation of the "owners convention", according to the specific behavior and the seriousness of criticism, persuasion, warning, stop and other measures. Article 16 Other entrusted matters 1,; 2、 ; 3、 。 Chapter III Duration of Entrusted Management Article 17 The duration of entrusted management is years (not more than 3 years). From year month day to year month day. Chapter IV Rights and Obligations of Both Parties Article 18 Party A's rights and obligations are 1, representing and safeguarding the legitimate rights and interests of the owners and users; Always listen to the opinions and suggestions of the owners and users, and give timely feedback to Party B; Coordinate the relationship between the owner, users and Party B; 2. Supervise the owners and property users to abide by the owners' convention and the management system of * * * parts of the property, use * * * facilities and equipment, and maintain public order and environmental sanitation; 3. Examine and approve the property management plan drawn up by Party B; 4. Check and supervise the implementation of Party B's property management plan and system; 5. Examine and approve the annual plan, maintenance plan, financial budget and final report of property management service proposed by Party B; 6. Examine and approve the budget for the use of special funds for property maintenance, and supervise the completion and acceptance of major repairs, renewal and transformation of property parts and facilities; Review the written report provided by Party B on major maintenance, renewal and transformation of the parts, facilities and equipment used in the house; 7. From the effective date of this contract, Party B shall provide Party A with commercial housing with a building area of square meters, which shall be rented by Party B at the price of RMB yuan per square meter per month. The rental income shall be used for: 8. Within days from the effective date of this contract, Party B shall provide square meters of building area to the property management house, which shall be used free of charge according to the following terms: [1]; [2] According to the construction area of RMB per square meter per month, the rental income is used for; 9. When going through the property management acceptance formalities with Party B, the following information shall be handed over to Party B: (1) completion acceptance information such as completion general plan, completion drawings of single buildings, structures and equipment, completion drawings of ancillary facilities, and completion drawings of underground pipe network projects; (two) technical information on the installation, use and maintenance of equipment and facilities; (three) property quality warranty documents and property use documents; (four) other information required for property management. And hand it over to Party B within days from the effective date of this contract; 10. Coordinate the management issues left before the contract comes into effect: (1); (2) ; 1 1. Assist Party B in property management, publicity, education and cultural activities, and realize all management objectives of property management; 12, responsible for raising special funds for property maintenance and urging owners to pay special funds for property maintenance; 13. Party A has the right to designate a professional audit institution to audit the income and expenditure of the property management service fee agreed in this contract; 14、 ; Article 19 Rights and obligations of Party B.. According to the relevant laws and regulations and the provisions of this contract, formulate property management plans and independently carry out property management service activities; 2, the owners and property users in violation of laws and regulations, report to the relevant departments; 3. According to the provisions of Article 15 of this contract, deal with the behavior of the owners and property users in violation of the Owners' Convention in time; 4. You can hire a franchise company to undertake the special management business of this property, but you may not transfer the management responsibility of this property to a third party; 5. Responsible for the preparation of the annual maintenance plan and large and medium-sized repair plan of the house and its affiliated buildings, structures, facilities, equipment and greening. After both parties agree, Party B shall organize the implementation; 6. Inform the owner and the user of the property about the use of the property. When the owner and the user of the property decorate the property, they shall inform the relevant precautions and prohibited acts, conclude a written agreement and be responsible for supervision; According to the maintenance plan and operating procedures, check the status of the use parts and facilities of the house, and eliminate the unsafe hidden dangers or dangers in time when they are found; 7, responsible for the preparation of property management annual management plan, fund use plan and final report; And submit these plans and reports to Party A on a monthly basis. 8, every month to all owners and property users announced a property management company * * * service fee income and expenditure accounts and the use of special funds for property maintenance; Publicize the property management service items and charging standards in the property management area; 9. Do not occupy or change the public facilities of this property without authorization. If it is necessary to modify, expand or improve the supporting projects in the property, it must be agreed with the neighboring owners through consultation and reported to the relevant departments for approval after obtaining the consent of Party A; Shall not change the use of various parts of the house without authorization; 10. When this contract is terminated, Party B must hand over all commercial houses, management houses and all property management files provided by Party A to Party A; 1 1. Establish, properly keep and correctly use property management files, and be responsible for recording relevant changes in time; 12. Accept the supervision of the owner, user, Party A and the property management department, continuously improve the management service, and report the performance of this contract to Party A on a regular basis; 13、 。 Chapter V Property Management and Service Quality Article 20 Party B shall achieve target management according to the following agreement: 1. Appearance of the house: 2. Equipment operation: 3. * * Maintenance and management of old parts and old facilities and equipment: 4. Public health: 5. Greening: 6. Traffic order and vehicle parking: 7. Safety, maintenance of public order and assistance in fire fighting: 8. Urgent repair and minor repair of * * * parts of the house and * * * facilities and equipment: 9. The satisfaction rate of the owners and property users to Party B reaches:. Above 1 ~ 8 The quality of property management service is not lower than the guiding standard of property management service industry. See Annex II for details. Chapter VI Property Management Service Fee Article 21 The property management service fee is 1. The property management service fee shall comply with the provisions of the state, province and city on property management service fee; 2. The property management service fee is RMB per square meter per month for ordinary houses owned by the owner; The townhouse shall be paid by the owner to Party B according to the construction area per square meter per month; The Owner shall pay Party B RMB per square meter per month according to the construction area it owns; 3. The property management service fee shall be paid once every [month]/[quarter]/[half a year], and the time for each payment is. 4. Adjustment of the service fee standard of this property management company [after Party A holds the owners' meeting for discussion and decision, Party B will make adjustment according to the standard approved by the competent pricing department]/[Party A holds the owners' meeting to decide the standard, and Party A and Party B will make adjustment through consultation]. 5. The property management service fee of the vacant house shall be paid to Party B in RMB per square meter per month according to the construction area. 6. If the owner rents out the property he owns, the property management service fee he should bear shall be paid by the owner. Where there are other agreements between the owner and the lessee, such agreements shall prevail, but the owner shall send this Agreement to Party B for filing and bear joint and several liabilities; 7. When the owner transfers the property, he must pay the property management service fee that the owner should bear before the transfer; 8. Facilities and equipment operation and energy consumption expenses not included in the property management service fee shall be shared according to the actual consumption of [the building]/[the property] ××× residents; 9 owners and property users who pay property management service fees overdue shall be handled in accordance with the following matters; (1) Pay RMB late fee every day from the overdue date; (2) From the overdue date, pay a late fee of two ten thousandths of the daily management service fee; (3) ; Article 22 The parking fee shall not be higher than the current standard stipulated by the authorized department, and the parking user shall pay Party B according to the following standards: 1, open parking space: RMB/day, RMB/month and RMB/year; 2、 。 Article 23 Entrusted by the owner and the user of the property, Party B shall pay for the repair, maintenance and other special service fees of its own parts and equipment, which shall be determined by both parties themselves. Article 24 Other service items and charging standards provided by Party B to owners and property users are as follows:1; 2、 ; 3、 ; Article 25. Maintenance expenses of the * * used parts, * * used facilities, equipment and public * * * site of the house: the daily maintenance expenses of the * * used parts, facilities and equipment of the house after the warranty period expires shall be charged by Party B in the public service fee for property management, and the expenses for overhaul, medium repair, renewal and renovation shall be paid by Party B.. * * * The energy consumption of special equipment used for operation shall be accounted by an independent electricity meter, and the expenses shall be allocated reasonably according to the actual consumption. Article 26 If, with the consent of Party A, the property management department transfers the special maintenance funds needed for this property in the current year to Party B for escrow, Party B shall be inspected and supervised by Party A on a regular basis. Article 27 When Party B changes, it shall transfer the escrow special maintenance fund account after being audited by Party A.. Within ten days after the signature and seal of both parties, the household registration transfer formalities shall be sent to the local property management department and Party A for filing. Chapter VII Liability for Breach of Contract Article 28 If Party A violates the agreement in Article 18 of this contract and Party B fails to achieve the agreed management objectives, Party B has the right to ask Party A to solve the problem within a time limit; If it is not resolved within the time limit, Party B has the right to terminate the contract; Where economic losses are caused to Party B, Party A shall compensate Party B for the economic losses. Article 29 If Party B violates the stipulations in Chapter V of this contract and fails to achieve the agreed management objectives, Party A has the right to require Party B to make rectification within a time limit to achieve the contractual stipulations; Party A has the right to terminate the contract if it fails to make rectification within the time limit or the rectification does not conform to the contract; If economic losses are caused to Party A, Party B shall pay economic compensation to Party A.. Article 30 If Party B violates the agreement in Chapter VI of this Contract and raises the charging standard without authorization, Party A has the right to urge and require Party B to settle the charging, return the interest and pay the liquidated damages on schedule; If economic losses are caused to Party A, Party B shall pay economic compensation to Party A.. Article 31 If either party terminates the contract in advance without justifiable reasons, it shall pay RMB to the other party as liquidated damages; If the economic losses caused to the other party exceed the liquidated damages, compensation shall be made for the excess. Article 32 If the building quality, equipment and facilities quality or installation technology do not meet the use function, resulting in a major accident, Party A and Party B shall claim compensation from the development and construction unit. If a major accident is caused by Party B's mismanagement or improper operation, Party B shall bear the responsibility and be responsible for the aftermath. The direct cause of the quality accident shall be subject to the appraisal of the relevant competent department. Article 33 Where Party A and Party B obtain the right to operate by unfair competition, or cause the other party to lose the right to operate, or cause the other party's economic losses, they shall bear full responsibility. Article 34 If it is necessary to terminate this contract due to breach of contract, the party proposing to terminate this contract shall notify the other party in time. After the written notice reaches the other party, this contract shall be terminated and the handover shall be handled within 20 days. If there is any objection, the people's court or arbitration institution may be requested to confirm the validity of the termination of the contract. Chapter VIII Supplementary Provisions Article 35 Within days from the effective date of this contract, handle the handover and acceptance formalities according to the management matters entrusted by Party A ... Article 36 In order to safeguard the vital interests of the public, owners and users, in unforeseen circumstances, such as gas leakage, power leakage, fire, water pipe rupture, saving lives, assisting public security organs to perform tasks and other emergencies, the parties concerned shall take emergency measures in accordance with relevant laws and regulations. Article 37 Both parties may supplement the terms of this contract and sign a written supplementary agreement, which has the same effect as this contract. Article 38 The annexes to this contract are an effective part of this contract. In this contract and its annexes, the words filled in the blanks have the same effect as the printed words, but the original intention of the printed terms of this contract shall not be modified. Matters not covered in this contract, its annexes and supplementary agreements shall be implemented in accordance with relevant laws, regulations and rules of People's Republic of China (PRC). Article 39 The original of this contract and its annexes are in triplicate, one for each party and one for the record of the property management department, all of which have the same legal effect. Article 40 After the expiration of this contract, Party B may participate in the management bidding of Party A, and obtain the management right in priority under the same conditions, except that the bidding qualification or priority management qualification is cancelled according to laws, regulations, policies or regulations of the competent department. Article 41 During the performance of this contract, in case of force majeure, which makes it impossible to perform this contract, both parties shall negotiate and solve it in time according to relevant laws and regulations. Article 42 In case of any dispute during the performance of this contract, both parties shall settle it through negotiation. If negotiation fails, both parties agree to settle the dispute in the following ways: [1] submit it to the Arbitration Commission for arbitration; (2) bring a lawsuit to the people's court according to law. Article 43 Party A and Party B shall take the property owners' convention as an annex to this contract; When the owner transfers the property, it shall take the owners' convention and this contract as annexes to the transfer contract, and inform the transferee of the payment of the public service fee for property management. Article 44 This contract shall terminate naturally upon expiration. If both parties renew this contract, they shall submit written opinions to the other party days before the expiration date of this contract. Article 45 This contract shall come into force as of the effective date. Party A's signature: Party B's signature: legal representative: legal representative: year month day.
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