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1、CF-2000-0171Contract No.:15119COMMODITY HOUSE PURCHASE AND SALES CONTRACTCopyVender: Vendee: Shandong Industry and Commercial Administration sealed Made under Supervision of National Construction Department and Shandong Provincial Administration for Industry and Commerce海峡博客&y,fY3df!mContract Partie
2、s: Vender: Register Address: Register Business License Number: Company Qualification Certificate Number: Legal Representative: Contact Phone: Postal Code: Entrusted Agent: Contact Phone: Address: Postal Code: Entrusted Agency: Register Address: Register Business License Number: Legal Representative:
3、 Contact Phone: Postal Code: Vendee: Myself【Legal representative】 Name: Nationality: 【ID card】【Passport】【Business license registration number】【 】 Address: Postal Code: Contact Phone: According to thePeoples Republic of China Law of contract, Peoples Republic of China City Real estate Control law and
4、 other relevant laws and regulations,The vendee and vender should be base on the equality, voluntarily, consults unanimously foundation to reach the following agreements about purchasing the commodity apartments . Article 1 Project construction basisSeller get the land employment right of which is l
5、ocated in , the serial number is by the way of .【contract number for granting of land-use right 】【document number for allowing and authorizing of land-use right】【document number for transferring and authorizing of land-use right】is .This land area is , the plan use is the , the land use age is limit
6、ed from to .Seller by approving of authority, construct the commercial residential houses in the above land parcel, 【present name】,【 temporary name 】 , the construction project plan license number is , the building permit license number is . Article 2 Residential basis.The residential is 【completed
7、house】【the selling house in advance】 .The approval authority of selling house in advance is , pre-selling permit license number is . Article 3 Fundamental state of vendees commodity house.Vendees commercial residential building (hereinafter referred to as the commodity building, the house plan is sp
8、ecified in appendix 1 to the contract, house number is bases on the appendix 1 details) which stipulated in the first article of the contract is: 【tents】(building number )specific house number is , 【unit】 【layer】house number .Commercial buildings use which is approved by planning department is , bel
9、ongs to structure, layer height is .the total number of residential plies are underground layer are .The balcony of this apartment is sealed not sealed.The total building area of this apartment is as stipulated on contract property registration. The Usable Area is , with Public area to be shared ( r
10、efer to the attachment2 for Public area to be shared construction explanation ) Article 4 Valuation Mode & priceVender and vendee calculate the price of this apartment as stipulated in mode below:1. According to the building area, the unit price of this apartment is ( ) /, totally ( ) 2. According t
11、o the Usable area, the unit price of this apartment is ( ) /, totally ( ) 3. According to the Set, the unit price of this apartment is totally ( ) 4 。 Article 5 Area confirmation and difference treatmentAccording to the valuation mode which interested parties choose, this article stipulates the area
12、 confirmation and difference treatment according to building areausable area( hereinafter called area for short).Parties selected price according to Set, this clause shall not apply.For any differences in contracted area and registration area, the registration area will be taken as the standard.Afte
13、r the apartment is transferred to the buyer, for any differences in contracted area and registration area, both parties will agree to manage according to the following term: 1. Special agreement by both parties(1) ;(2) ;(3) ;(4) 。2. Both parties will agree to manage according to the following princi
14、ple:(1)If the absolute value difference is within 3%( include 3%), the charge will be according to actual amount.(2)If the absolute value difference is exceeds 3%( include 3%), the buyer has rights to cancel the order.For the buyer who cancels the order, the seller must return the money to buyer wit
15、hin 30 days after buyer make the order cancel application, and pay the interests rates according to %. For the buyer who choice not cancel the order, if the registration areas is within 3% (including 3%) bigger than contracted area, the exceeded amount should be supplemented by the buyer; for the ca
16、se which is more than 3%, the exceeded amount should be born by the seller, the property rights belongs to the buyer. If the registration areas is smaller than contracted area, the area ratio is within 3% (including 3%), the exceeded amount must be returned to the buyer; the amount which are more th
17、an 3% must be doubled and return to the buyer. Registration areas - Contracted areaArea tolerance ratio = 100 Contracted areaThe difference caused by the design modification, which both parties does not terminate the contract, buyer and seller should sign complementary agreement of contract. Article
18、 6 Payment and DeadlineThe buyer must make the payment according to the mode1. Full Payment in once 。2. Installment Payment 。3. Loan Payment 。4. Others 。Article7 Breach of contract responsibility for overdue paymentIf the buyer cannot effect the payment in the stipulated time, he or she will be trea
19、ted in the mode:1. According to the late pay time, process respectively (not cumulative)(1)If the overdue date is within_ _days, from the 2nd due payment date to the actual payment date, the buyer should pay to the seller % default fine according to the overdue date, the contract will continue to be
20、 performed.(2)If the overdue date is exceeds _ days, the buyer has the rights to terminate the contract. the buyer should pay to the seller % default fine according to the overdue date, If buyer still willing to continue the contract, after seller agrees, the contract will continue to be performed,
21、from the 2nd due payment date to the actual payment date, the buyer should pay to the seller % (this ratio cannot less than the rates in (1)) default fine according to the overdue date.The overdue payment in this article refers to the balance between 6th article due payment and actual effected payme
22、nt; for installment payment, it should be decided by the balance between due installment and actual payment.2 。 Article 8 Delivery deadlineAccording to the states and local government regulations, the seller should handover the commercial residential building, which possess the below conditions, as
23、stipulated by the contract, to the buyer before 1. This commodity residential building is inspected to be qualified.2. This commodity residential building is comprehensively inspected to be qualified.3. This commodity residential building is installment inspected to be qualified.4. This commodity re
24、sidential building obtained the approval documents of commercial residential handover for usage.5 。But in case of the following exceptional reasons, except for both parties agree the termination or alternation of contract, the seller can prolong the deadline as per actual fact.1. Encountered with ma
25、jeure, and seller informed the buyer within days after the majeure occurs; 2 ; 3 。 。 Article 9 Responsibility of delay in handover apartmentExcept for the special cases stipulated in article8, if the seller cannot handover the apartment to buyer in the stipulated schedule in this contract, the buyer
26、 should be treated in the following mode:1. According to the overdue time, the seller should be treated separately (not be accumulated)(1)For overdue date less than days, from the 2nd day of deadline stipulated in article 8 to the actual deliver day, the seller should pay _% default fine of the alre
27、ady effected payment, this contract will be performed continuously.(2)For overdue date more than days, the buyer can terminate the contract. In this case, the seller should return all the payment within days after the date of termination, and pay _% default fine of the already effected payment. If t
28、he buyer requests continuously perform the contract, this contract will be performed continuously. From the 2nd day of deadline stipulated in article 8 to the actual deliver day, the seller should pay the buyer % ( this ratio cannot be less than the rates in 1) of the already effected payment2 。 Art
29、icle 10 Agreement on the planning and designing variationThe planning and designing variation agreed by government or designing organization, which affects the commodity residential quality and usage of buyer, the seller should send written notification to the buyer within 10 days after the approval
30、 upon the related authority:(1)The construction, layout, space dimension, orientation;(2) ;(3) ;(4) ;(5) ;(6) ;(7) 。The buyer has the rights to reply in written words regarding whether to cancel the order within 15 days after receiving the notice. If the buyer didnt cancel the order within 15 days a
31、fter receiving the notice, it will be regarded as acceptance to the variation. If the seller hasnt noticed the buyer within stipulated time, the buyer has rights to cancel the order.If the buyer cancel the order, the seller must return the effected payment within _ days after the request is made, an
32、d also pay the interests according to %. If the buyer doesnt cancel the order, he or she should sign supplementary agreement with the seller. 。 Article 11 HandoverWhen the residential commodity meets the usage condition, the seller should send written notification to the buyer to make handover proce
33、dure. During the handover, the seller must issue the proof documents stipulated in article 8, and sign the residential handover sheet. For the residential which belongs to habitation, the seller also need to provide the habitation quality guarantee and habitation usage instructions. If seller fails
34、to issue the above documents or issue incomplete documents, the buyer has rights to refuse accepting the handover; delay caused by this case will shall be bear with the seller.For the delay handover caused by the buyer, both parties agreed to manage as below: 。 Article 12 seller must ensure the resi
35、dential sold without property rights and creditors right disputes. Unable to make property rights registration or occurrence in disputes, the responsibility must be born by the seller. 。 Article 13 Seller breach of Decorative equipment standards promiseThe decorative equipment standards handover by
36、the seller should meet the standard agreed by both parties (Appendix 3). If not achieve the standard, the buyer has the rights to manage according to the following _mode.1. The seller compensates the decorative equipment in double balance of the different.2 3 。 Article 14 Promise of seller on the no
37、rmal usage of infrastructure, public affiliated equipmentsThe seller promise the following infrastructure, affiliated equipments directly relates with the normal usage of this residential achieve the usage condition according to the below date:1 ;2 ;3 ;4 ;5 。If on the stipulated date does not meet t
38、he conditions of use, the parties agree as follows:1 ;2 ;3 。Article 15 Agreements on the property rights registrationThe seller should submit the related documents requested for making property rights registration to the residential administration dept and make the procedure in days after handover. If the buyer cannot get the registration proprietary certificate in time caused by the seller, both parties agree to treat in the following mode:1. The bu
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