发包方（简称甲方） Party A:
承包方（简称乙方）： Party B:
According to: “PRC Contract Law”, “Law on the Protection of Consumer Interests”, “PRC Price Law”, “Shanghai Supervision of Contract Terms”, “Shanghai Construction Market Management Regulations”, as well as other laws and regulations relevant to the specific circumstances of this project, parties A and B have hereby equally and voluntarily entered into the following agreement executed on the basis of mutual respect.一、概况
Party A is the owner of the property.
Party B is approved and registered with the city industrial and commercial administrative organs as an enterprise engaged in renovation and decoration. 3. 装饰施工地点
4. 建筑结构： 建筑面积 平方米。
Construction area: total area (including stairwells and other common areas): m2, private living area:m2. 5. 装饰施工内容：住宅装饰,详见附件一<工程估价单>
Contractor engagement method: See annex – (quotation).
7. 总价款：.00元，大写(人民币): 元整。
Total price: .00RMB; in words:元整. Any changes in this price must be agreed by both parties in writing.
8. 工期:自 年 月 日开工，至年月日前竣工,工时总计天，不含国家法定节假日,乙方委派现场
Period: Start: (year)(month)(day); Completion before: (year) (month) (day); Total days (excluding national holidays):days. Party B's on site construction supervisor will be:
二、关于工程付款及结算的约定 TERMS OF PAYMENT 1. 工程款的付款方式如下
AGREEMENT ON THE SUPPLY OF MATERIALS
Material provided by Party B: Any materials or equipment supplied by Party B which do not meet the design and
construction requirements are prohibited. Any extra materials requested by Party A which were not in the original design must be paid for by Party A.
Material provided by Party A: (see the annex: “Table of Materials to be provided by the Owner”). If Party A
acquires materials for the project, it should first check with Party B that the materials match to the design
requirements, and once the materials are in the care of Party B, then Party B is responsible for the materials. If Party A requires some materials which do not fit to the design then it shall be the responsibility of Party A to pay any additional costs incurred by Party B.
FULFILMENT OF THIS AGREEMENT
The execution of this project must be consistent with the “Architectural and Engineering Rules” of the city administrative departments responsible for the development of buildings and local standards and quality evaluation acceptance criteria.
Party B must provide a duplicate copy of the construction designs and drawings, and both copies should be signed by both parties.
If materials provided by Party A for the construction do not meet the necessary requirements, Party A shall bear responsibility for any resulting delays in the completion in the project.4. 由于乙方原因造成质量事故，其返工费用由乙方承担
If the quality of Party B's work results in any accidents, the liability for such accidents shall be the responsibility of Party B.
If, during the construction, Party A wishes to propose a change to the design, he should sign a “Change of
Project” with Party B and must assume responsibility for resulting delays or increase in costs. If Party A secretly attempts to change to design directly with the construction personnel and this action causes loss to Party B, then Party A must compensate Party B for this loss.
The standard of work. It is the responsibility of Party B to make sure that all construction works are carried out to the requirements of the design and to make sure that all internal walls and hidden construction parts are to the required standard.
Project completion. Party B must notify Party A when the project is complete and ready for inspection by Party A. After inspection both parties must sign an “Engineering Quality Acceptance” document. If Party A is not available to inspect the construction site on the completion date, he must notify Party B of the soonest available date. Where Party A is not available on the completion date to retake custody of the location, he must pay any extra costs incurred by Party B.
One year warranty. After completion of the work and signing of the “Single Warranty”, there shall be a one year warranty on the construction.
SAFE PRODUCTION AND FIRE REGULATIONS
1. 施工图纸和施工说明应符合防火 防事故的要求，主要包括电气线路等管道畅通、合格。乙方在施工中应采取必要
Construction drawings and construction must be in line with fire prevention regulations, and accident prevention
requirements. This includes electrical circuits and pipelines. Party B shall take measures to ensure the safety of workers and neighbors at the constructions site and must prevent leakage of water, interruptions of power and damage to property.
Any changes to the housing structure or demolition or alteration to load bearing walls or increase in floor load must first be approved by the building property management before construction begins.
Both parties must provide money exchange receipts and invoices.
OTHER MATTERS 1.甲方工作 Party A
When Party A confirms the pre-construction and construction drawings, he must also make sure there is sufficient space available at the construction site for construction to take place. Party A must make sure that Party B has everything necessary on site for completion of the construction, particularly electricity and water. 2. 做好施工中因临时使用公用部位操作影响邻里关系等的协调工作
Party A must take care of the public relations in the construction site area – particularly with the neighbors.
2. 乙方工作 Party B
Party B must be available to attend meetings organized by Party A. 2. 乙方按要求组织施工，保质、保量、按期完成施工任务
Party B must follow the construction plans, and the construction must be durable, and must meet the scheduled completion date.
LIABILITY FOR BREACH OF CONTRACT
If Party A causes any delays to the completion of this project, then the scheduled completion date should be adjusted accordingly.
If Party B causes any delay to the completion of this project, then Party B must pay to Party A a fee of 0.1‰ ( in words: 1/1000)of the total overall project fee for each day beyond the scheduled completion date.
If Party A instructs Party B to make any alterations to a load bearing wall and Party A has not sought and received permission from the building property management, Party A shall be responsible for any resulting costs and shall indemnify Party B for any additional expenses incurred.
4. 乙方擅自拆改原有建筑承重结构或共用设备管线，由此发生的损失或事故（包括罚款），由乙方负责并承担责任 If Party B makes any unauthorized changes to load bearing walls or building pipelines and such changes result in damages or loss, it shall be the responsibility of Party B to pay for such loss.
5. 工程未办理验收、结算手续，甲方提前使用或擅自动用工程成品由此造成无法验收和损失的,由甲方负责并承担责任 Party A shall be responsible for any extra costs incurred due to his use of the property before the final completion meeting and signing of the “Engineering Quality Acceptance” document.
If there is a dispute between the parties, this contract should be submitted to the relevant trade association for
mediation and also to the host district and county building departments in charge of administrative complaints, or to consumer associations.
if, after negotiation, mediation and/or consultation, the parties have failed to reach an agreement, then the dispute
should be:submitted to the--Shanghai Arbitration Commission--filed as a lawsuit. 九、合同变更和解除
AMENDMENT AND TERMINATION
After this contract is signed it must be strictly adhered to. After the contract is signed, neither party can leave the
contract without agreement of the other party. 2.本合同签订后，工程不得转包
After this contract is signed, the project shall not be sub-contracted.
3.本合同一式 两 份，甲、乙双方各执 份，合同附件为本合同的组成部分，具有同等的法律效力 This contract will be printed and signed in duplicate and each party shall keep a copy. 十、其它约定
In the event of force majeure, this contract will be delayed and resume as soon as practicably possible.
If any matters arise which are not covered within this contract, they shall be dealt with by mutual consultation between the two parties. 十一、附件
ANNEX 1. <工程估价单>
Annex 1. Single Warranty 2.办理施工进场手续费清单
Annex 2. Itemized expenditure list of Party B for the construction (e.g. waste removal fees charged by the property management).3.施工图纸或做法说明
Annex 3. Construction drawings and practice notes.
Party A (Chop): Party B (Chop): Corporation: Company Owner (name): Company Owner (name): Company Owner (name): Project Leader: Project Leader: Address: Address: Post Code:Post Code: Phone: Phone: Fax:Fax:
Bank Name:Account Name:Account Number:
Date: 年 月 日Date: 年 月 日
合同编号( Contract NO. )： 签订日期( Date )：
According to “P.R.C Contract Law”, and other relevant laws and regulations to the specific circumstances of this project, parties A and B have hereby equally and voluntarily entered into the following agreement executed on the basis of mutual respect.
A. The new R & D and new plant construction of network cabling systems;
B. Data Center, mainly includes: data center decoration and electrical systems, air-conditioning systems, CCTV systems, access control systems, firefighting system reform, server rack systems.
Start conditions: After the commencement of the contract, Party A has started advance and on-site conditions in place.
1.5 工程造价：合同工程总造价为￥CNY），人民币大写 Project cost：Total project cost is yuan ( CNY ).
Detailed contract price list see attached quotation list.
In the detailed design and construction process, if the project quantity changes, according to the contract price adjustment project cost; if the material is changed, the supplemental agreement agreed by both parties for adjustment of engineering cost.
Terms of payment
2.1 由乙方向甲方提供指定帐户、甲方以支票方式或银行转账方式向乙方结算合同款； Party B shall provide the designated account to party A, Party A by check or bank transfer to pay the contract payment to Party B.
2.2 本合同生效后，甲方付给乙方合同总价的40%作为工程预付款，即￥元； After the signing of this contract, Party A shall pay to Party B 40% of the total contract price as the project advance payment;
2.3 数据中心及网络布线系统工程完工并且双方签订工程验收报告后7天以内，甲方付给乙方合同总价的55%，即￥ 元；
Data center project and network cabling systems engineering completed and signed a project acceptance report by both parties within 7 days after, Party A shall pay to Party B 55% of the contract price.
After the completion of the project within 3 months, Party A shall pay to Party B the remaining contract price.
Responsibilities of the parties
Responsibilities of party A:
Timely written notice to Party B the conditions of this project have the time to start;
To assist Party B to enter the construction site personnel required documents, approval documents and other relevant procedures;
To provide on-site engineering office and sufficient field warehouse;
Actively assist Party B construction, coordination with various departments, and responsible for providing the needed for the project site plans and architectural drawings.
Timely according to the terms of the contract payment schedule to pay Party B project funds.
Responsibilities of party B:
Party B before the project begins shall organize relevant personnel to study and be familiar with drawings, involved in the design work, arrangement of construction general schedule plan and submit to Party A;
To the party A or project supervision to provide the purchase a variety of products, equipment, technical information, accept entry inspection;
Abide by the party or the supervision on construction site of the relevant provisions;
Timely completion of construction tasks undertaken by Party B, to ensure construction quality.
Construction and engineering design change
On the construction of Party B according to the country issued construction acceptance norms and quality inspection standards, as well as the design requirements, all project achieve the qualified standard.
During construction, to adhere to the design documents and construction drawings of the construction, any party shall not be arbitrarily changed design, such as the emergence of idleness, rework and loss of material, as well as an increase in labor cost, as the party A 's cause, loss borne by the party A, the Party B causes, losses shall be borne by Party B.
During the construction, if the party A to change the design document, shall give a written notice to Party B; if Party B is found the design documents are wrong or serious ueasonable place, should also be written notice to Party A, both sides agreed and modify design drawings and documents before it can continue to construction.
In the process of construction, in case of the following circumstances, be extended period, both parties shall timely consultations, and through the written form to determine the extension of the time limit:
Because of natural disaster or the manpower irresistible reasons forced shutdown;
Because party A proposed changes to the plan or change the construction graph therefore cannot continue construction;
c. 乙方不能按期供设备或所供材料或者设备不合规格要求，被迫停工或不能顺利施工的； Party B fails to supply equipment or for the materials or equipment of different specifications, was forced to shut down or not smooth construction;
Final acceptance and after-sales service
Party B must strictly enforce the hidden work system, where the hidden work has been completed, must pass inspection and make records (hidden works refers to the wall, the ceiling inside the pipeline construction, etc.).
日内组织有关人员按照合同内容和事先约定的验收条款进行项目验收，并出具双方签字的验收报告。如甲方不能按期组织验收，须提前通知乙方，并与乙方另行商定验收日期，但甲方必须承认乙方的竣工时间。甲方推迟验收，其间所发生的管理费和各项损失均由甲方负担。如果提交验收申请后一个月仍未能完成验收，则以竣工之日作为系统的保修开始日期。 When the whole project is completed, Party B shall submit to party A complete documentation and submit a written acceptance application. Party A shall within 7 days after receiving the application organize relevant personnel in accordance with the contract contents and the prescribed inspection clause of project acceptance, and issue the report signed by both parties. If Party A fails to organize acceptance, shall inform Party B in advance, and Party B to be agreed date of acceptance, but party A must acknowledge party B completion time. party A delayed acceptance, during which occurred in the management fees and all losses shall be borne by Party A. If the submission of acceptance application one month after failed to complete acceptance, the completion date as the system warranty start date.
Project after acceptance into the warranty period. Warranty period from the date of acceptance of 12 months. During the warranty period, Party B shall system in addition to human factors all fault is responsible for free repair or replacement.
During the warranty period, Party B shall do to help telephone response within 2 hours, 8 hours to arrive at the scene and set about solving the problem. After the end of the warranty period, Party B on the system paid maintenance. Paid maintenance costs through consultation by the two parties.
Technical service and training
Party B according to the technical training program for Party A 's operators and repair personnel to use class training. Through training, the trainees can grasp the party system equipment configuration, can correct operation and routine maintenance and common trouble shooting.Trained personnel were identified by the party A, the date mutually agreed by both parties.
During the warranty period, Party B shall provide two on-site inspection services, including the status of system view, recording, and the necessary equipment maintenance.
Party A: (Developer)
This contract is signed by the two Parties Party A and Party B according to the Contract Law of the People’s Republic of China, the Contraction law of the People’s Republic of China , and other relevant national laws and regulations, as well as the specific nature of this project. On the basis of honesty and credit, equality, voluntariness, party A and party B have reached consensus through negotiations and signed this contract.
1. Project Introduction
1.1 1.2 1.3 1.4 The design of construction drawings:
2. Nature of Contracting
3. Construction period
(including reception time after completion),and including the beginning date and completion date.
4. Quality of Project
5. Contract Amount
6. Final Audit of the project
6.1 The condition and steps for Party A pay the project funds to Party B:
6.2 6.3 Party B shall submit to Party A equivalent invoice before Party A’s each period payment, otherwise, Party A can refuse to pay until the receiving of the Party B’s invoice.
6.4 The invoice provided by Party B should be valid. Any falls invoice provided by Party B which are found by relevant office, the Party B should not only provide the valid invoice to Party A, but also bear the responsible caused by the invalid invoice.
7.Variation of design and visa
7.1During the process of the project, any contract list, technology checking list ( not include the variation, addition, substitution, and reduction on the drawings and project fee) concerning about this project shall only be regarded as effective with the confirmation of the representative Party A in writing.
7.2 Any variation notice list, technology checking list, contract list, technology checking list ( include the drawings design) concerning about this project shall only be regarded as effective with the confirmation of the seal of Party A.
7.3In the event of Party B fails to complete the project according to the drawing to Party Aas penalty for the breach.Party B will also bear the responsible and the reworking fee caused by the continued working regardless of the new design.
7.4Party B shall take full responsibility for any loss caused by delaying for more than days applying for extension vise from Party A changed design.
8. Acceptance and Final Audit of the project
8.1 Acceptance of the project
8.1.1This project should meet the national quality acceptance standards and should be accepted at the first inspection after completion. The Quality Acceptance Criteria of Construction of nation must be regarded as the acceptance standards for the project. Party B shall inform Party A in writing of all kinds of inspection and acceptance withidays.
working days after receiving the notification.
8.1.2Party B shall be responsible for the re-inspection cost, and the project period
shall not be extended.
8.2 Final Audit of the project
If the result of re-inspection has passed acceptance standards, Party B shall submit the audit report and materials to Party A for verification within
9. Obligations of Party A and Party B
9.1. Obligations of Party A:
as the on-site representative to supervise the fulfillment of contract obligations, to oversee the quality control and check the project progress, and to handle issues such as acceptance and variations and withdraw the
representative at any time.
9.1.2. design drawings and scheme to Party B.
9.1.4.Party A shall be responsible for coordinating the relationship with the engining.
9.2. Obligations of Party B arge of fulfilling the contract obligations. The on-site representative of Party B shall organize the construction according to contract requirements so that the project can be completed according to the quality and quantity requirements and on a timely manner.
9.2.2.Party B shall observe safety
policies of on-site management by the state and Guangxi , Nanning government authorities and shall independently and fully assumes responsible for the loss caused by violation.
9.2.3Party B shall observe policies of on-site management by the state and local government authorities as well as Party A's rules and regulations; Party B shall compensate for the losses to any facilities, equipment or pipelines both inside and outside of the construction yard caused by party B.
9.2.4.During construction, Party B should make such adjustment to the construction plan and the progress schedule per Party A's instruction and change-orders.
10.Agreement on Safety
Party B must strictly adhere to the Safety and Technical Standards of Construction and Infrastructure Installation and regulation of China, Guangxi Zhuang Autonomous Region, Nanning Safety Standards and other relevant regulations and standards.the construction spot should meet all standards of the People's Republic of China. And bearing the safety fees which are not caused by party A.
11.The concerning material supply
11.1. Party A or Party B should be responsible for the material ,equipments,which should meet the qualified design request with qualification guarantee books.
11.2. Any material,equipment which is bought by the Party B, if not agree with the quality request or specification contain difference,should forbid any usage.the Party B should rebuy the equipment and bear the responsibility to make sure no delay on the project.if Party B refuses to change the materials, Party A has the right to terminate the contract and asks for loss from Party B.
11.3 Any material,equipment which is bought by the Party A, if not agree with the quality request or specification contain difference,should forbid any usage.the Party A should rebuy the equipment and bear the responsibility to make sure no delay on the project.
12.1.Warranty scope: as state in the contract.
year after the qualified completion.
12.3During the warranty period, Party B shall fix within days after receiving the notice from Party A. In the event of Party B fails to fix the defects on a timely manner, Party A has the right to hire a third Party to do the repair, and any costs incurred shall be burdened by Party B.
12.4. Mode of notices: phone, fax, e-mail, and so on.
12.4.1 in the way of call the phone or faxing: Party B ’s TEL: These contact ways will be regarded as the evidence of warranty notice to Party B after
the calling and faxing.
12.4.2.in the way of posting: Party B ’s address: These contact ways will be regarded as the evidence of warranty notice to Party B after e-mailing.
12.4.3. in the way of e-mailing: Party B ’s e These contact ways will be regarded as the evidence of warranty notice to Party B after e-mailing.
12.4.4. The fees of noticing Party B will be borne by Party B.
12.5. Project quality retention fee(tip: the blue words will be suite for under the condition of withing the Project quality retention fee)
12.5.1Project quality retention fee: which will be deduce from the project funds of Party B.
12.5.2 After the expire date, Party A will return the rest of the quality retention fees without interest to Party B. This will be applied by Party B within ten days after the completion of qualified project.
13. Liabilities for Breach
13.1.In the event of Party A fails to make payment according to the payment terms,payment. If the delay of the payment is caused by Party A and is delayed for more tha13.2In the event of Party B fails to complete the project according to the construction period in the contract, Party B shall pay % of the total contract amount for each day overdue as penalty for the breach. Daily rate of the l% of the payment.
13.3.Party A can terminate this contract and Party B shall take full responsibility for any loss caused by this when one of these condition takes place.
13.3.2Party B transfers the contract and any part of the contract and its corresponding to any third party without Party A's consent in writing.
13.3.4.Safety and quality accidents.
13.3.5. The materials provided by Party B differs from the QA
certificate and the Report of Quality Assurance Test. And Party B can not make change on these material.
13.4.Party B should make salary/wages payment to all construction staffs in time on a monthly basis, and will be fully responsible for any liabilities caused by any loss or damage to Party A as a result of Party B's failure to pay salaries and wages according to the requirements. In the event of migrant workers create a disturbance on group site, Party A's premises, office space, Party B should paid penal sum Yuan each time.
13.5.In the event any
Party shall fail to complete the work in time owing to reasons that the contractor shall be held liable， the Party shall pay a penalty for RMB of the other Party.
13.6. penal sums and other penalty fees that Party B should to Party A , Party A can take out the same amount of money directly from the project fees. (including quality retention fee).
14. Other provisions
14.1 Party A and Party B will deal with each party’s property and life insurance and assume their insurance costs respectively.
14.2.Both Parties shall timely discuss each other for the settlement of any dispute