Integrated Kitchen Production Contract
The place of signature is: the first, the second and the third.
Sign The time is: the first, the second and the third.
The two parties to the contract are:
The author (hereinafter referred to as Party A):
Site of installation:: the first, the second and the third.
The address of the present residence is: the "zip code": zip code: zip code: Z.
Identity card number: telephone, telephone, telephone, telephone, telephone, telephone, telephone and telephone:
The contractor (hereinafter referred to as Party B):
Business license No.: the registration address of the company is: the registered address of the company.
This kitchen Designer: telephone, telephone, telephone, telephone, telephone, telephone, telephone, telephone, telephone, telephone, telephone, etc.
Person in charge of installation: telephone, telephone, telephone, telephone, telephone, telephone, telephone, telephone, telephone, telephone, telephone, telephone, telephone and telephone:
According to the provisions of the contract law of the People's Republic of China, the law of the People's Republic of China on the protection of consumers' rights and interests, and other relevant laws and regulations, in line with the overall kitchen enterprise standards and the specific circumstances of the kitchen, both parties shall abide by the principle of voluntariness, equality, fairness and honesty, and shall abide by the contract of cost.
The first way of payment
1.1 the contract price is based on the price of the order system. The specific purchase order is signed by both parties. The payment is made in cash or by way of payment.
1.2 Party A needs to pay the design deposit when making an appointment for the door-to-door design in the whole kitchen exhibition hall of Party B. the trade practice is the% of the total price of the contract. (RMB yuan, yuan, yuan and Yuan). If Party B fails to make the design plan after the door is issued, the deposit will not be refunded as Party B's labor cost and Party A's credit deposit; if Party A is made to order, the design deposit will be converted into the payment, and Party A will only pay the balance.
1.3 because the whole kitchen products belong to the customized products, the kitchen manufacturers need to purchase and process the materials according to the order. Therefore, the whole kitchen must be paid in full and can be made at the same time. At the same time, Party B needs to invoice the party.
1.4 as the whole kitchen products belong to the customized products, once the production order is paid, the whole kitchen product will not be replaced.
However, according to the provisions of the 6.5 provisions in the household kitchen equipment (gb/t18884.4-2002), the kitchen products are not qualified, and Party B fails to make rectification in accordance with the contract within 90 days, and the other conditions stipulated by the law clearly should be returned.
Second date of delivery / date of installation
Delivery date: the whole kitchen is a customized product. Fine manufacturing and many service links need a longer cycle. The whole kitchen installation should be one of the last steps of family decoration.
Party B shall pport the products within the scope of the contract to Party A (except for discount samples and relocation) free of charge.
From the first party's confirmation of the plan and the payment of a full amount (or delivery of% of the total price), and the kitchen decoration to meet the dimensional measurement requirements, the shortest delivery period in each area is as follows from the date of the production order by the Party B (the following table is the shortest delivery period of the cities in the large and medium-sized cities or the whole kitchen producers, 2-3 days in other areas, and the extended production cycle in holidays).
Party A will pay the full amount and Party B issue the production order date for the year.
The date of installation is three days from the date of delivery.
Third service areas
3.1 overall kitchen configuration requirements: the details of the overall kitchen configuration made by Party A are based on the details of the order issued by Party B's ordering system.
3.2 the contents of the whole kitchen service: Party B only provides installation services to the whole kitchen products provided by the kitchen manufacturers that they sell, and is responsible for the guarantee of after sale service under this contract. It does not provide installation services and after-sales service guarantee for the products purchased by the party or purchased by other means and the kitchen basic work decoration, nor does it bear any joint liability resulting from its poor quality.
Either Party A or B make the following stipulate on the above installation and after-sales service: it is the following: "the", "the", "the", "the", "the", "the", "the", "the", "the", "the", "the", "the".
Due to professional restrictions, before the design and installation, the designer of the second party proposed only the proposal for the pformation of the kitchen foundation works. Party A should invite professional companies and professionals to complete the kitchen basic works and so on, so as to meet the installation needs of the whole kitchen.
Such works include, but are not limited to: Kitchen basic engineering (including kitchen wall and floor tile paving, ceiling and door and window installation, water meter and angle valve and building water supply line installation, sewer installation, socket installation, gas equipment and pipeline installation, flue duct excavation, etc.), provision and installation of gas hose and clip (Party A shall request gas company to debug gas source), provision and installation of smoke prevention shelter, and installation of other parts purchased by Party A.
Fourth project coordination
4.1 Party A (or the principal agent) and Party B perform the contract: confirm the design plan (including effect sketch, elevation plan, table plan, etc.) and sign the contract (including purchase order), check and accept handover formalities, and other matters after signing the contract with the scene.
4.2 Party B recommends that party a first decorate the kitchen. According to the corresponding specifications and designer's recommendation, the kitchen basic engineering will be retested and redesigned by the designer. At the same time, the physical and size of the purchased products will be provided to the designer and confirmed on the drawings, and the final design plan will be determined.
After Party A pays the full amount (or the% of the total price paid), the buyer will arrange the production according to the order.
Party B proposes to install the whole kitchen after the completion of the masonry and carpentry operations, so as to avoid possible damage to the kitchen by cross construction.
It is suggested that Party A and Party B designers communicate with each other at any time to determine the appropriate installation time.
4.3 Party B recommends that party a try to buy the whole kitchen product of Party B.
If Party A does need to support other brands of kitchen products, Party A shall purchase products with reputable guarantee and require its distributors to provide services, and to obtain and maintain warranty certificates and invoices for the after sale guarantee. If the quality of the products is not good or improper installation, the consequences will not be related to Party B.
4.4 Party A shall provide Party B with the necessary construction conditions during the construction.
Party B shall carry out construction according to the blueprint of the design plan and the relevant standards. If Party B needs to adjust the plan on the spot due to the reason of Party B, it shall be adjusted by Party A and adjusted by Party B. Party B shall be responsible for the protection of the kitchen facilities and the finished products in the process of installation.
4.5. Important matters such as construction safety.
4.5.l Party A is obliged to elaborate on the position of hidden water, electricity and gas lines and the direction and wall material to Party B, and follow the advice of Party B's technical guidance. If Party A fails to perform this obligation, the responsibility for construction safety liability accidents, rework or installation will be borne by Party a.
The ground before the construction of the 4.5.2 whole kitchen should be done well by the house builder or the decoration company, and it will not be the case.
The leakage and water in the process will affect the life of the near users. The quality and installation of the water, electricity, pipelines and outlets must be qualified, and the relevant services and quality assurance should be provided by the builder and decorating company. Party B will not bear all the consequences and joint liabilities caused by the poor quality of the parts or the improper installation.
4.5.3 Party B shall bear all economic losses arising from the occurrence of safety or fire accidents as a result of Party B's violation of relevant safety procedures and fire regulations in the course of construction.
Fifth acceptance handover and warranty
5.1 the whole kitchens are evaluated by the design specifications and the technical specifications specified in the acceptance check list (see the relevant standards in the household kitchen equipment gb/t18884-2002).
5.2 when the goods specified in the purchase order correspond to the product manuals, the appearance characteristics of the products in the handbook are photo effects, and there is a certain error with the physical objects. There is a certain error in showing the samples and physical objects. The characteristics of Party A's ordering products are based on the requirements stated in the signed system order. If the manufacturer needs to upgrade or update the products for the sake of technological progress, Party B shall provide Party A with upgrading or updating products at the time of delivery.
5.3 the whole kitchen is a normal installation specification according to the specific conditions, such as assembly, splicing, obstacle cutting, hole excavation, partial adjustment without affecting the normal use and not changing the most basic design plan.
5.4 as the overall kitchen installation is often intersecting with the decoration works, in order to avoid the phenomenon of wrangling, the whole kitchen must be jointly checked and accepted by Party A (or designated agent) on the day of completion of the kitchen.
5.5 Party B has a two-year warranty on the whole kitchen cabinet, which is implemented in accordance with the three package of household electrical appliances. Party B has only one year's warranty on the fittings such as water fittings, trash cans and other vulnerable parts of the water bath and tap, and does not provide the service and quality guarantee for the components outside the contract.
If Party A needs Party B to provide warranty services for the products in the contract, it needs to provide warranty certificates, valid invoices and contracts (including purchase orders and acceptance handover, etc.), otherwise Party B will deal with the fees in accordance with the regulations.
5.6 Party B shall provide fee maintenance service for those who exceed the warranty period or non warranty items, and when the sales performance defects (non appearance defects) have been repaired, or other discount items, Party B shall pay the fees according to the enterprise's charging standard and issue invoices or official receipts to Party A.
5.7 the main components of the whole kitchen (countertops, cabinets, door panels, handles, and non fragile parts) are generally used in the same quality material maintenance (there may be a certain chromatic aberration in the maintenance of the panel and door panels) within five years from the date of purchase. Because of the possibility of renewal and continuous improvement of technology, Party A may need to re select the replacement products after the warranty period.
For products with safety requirements (such as electrical appliances, frequently switch faucets and water angle valves), Party B recommends that Party A should replace the product depreciation (life) period to ensure safety.
5.8 Party A should pay attention to the use and maintenance of waterproofing, anti-corrosion, anti heat, anti external force (such as strong percussion, hard object carving, etc.), preventing clogging, and keeping the kitchen environment clean and dry.
Detailed instructions for the use and maintenance of the product and the warranty policy are provided in the directions and warranty issued by Party B and the latest written documents issued by Party B.
5.9 the following situations are the normal deviations of the whole kitchen products under the current technical conditions, and are not substandard items:
(1) the artificial Shitai panel is made by polymerization of resin materials. Due to the influence of the opening size of the pportation and customer rooms, the platform needs to be stitching on the spot.
The joints are smooth without cracks, and there are visible traces due to the color changes of resin materials.
(2) in view of the general technical level and material limitations of the industry at present, there may be a small number of natural cracks in the use of man-made Shitai panels. After the cracks are repaired by bonding repair, there may be some chromatic aberrations after maintenance due to the characteristics of the man-made Shitai panels.
(3) the artificial Shitai panel should have 2-5mm clearance to ensure the expansion and contraction between the wall surface and the wall.
In addition, for the installation and ventilation needs, and under the condition of uneven wall, there is a 5-15mm clearance from the wall of the cabinet, so as to facilitate the normal opening of the door panel.
(4) other normal usage errors refer to the instructions and the latest written documents issued by Party B.
Sixth liability for breach of contract
6.1 there is evidence that the delay in delivery of the whole package due to Party B's cause is delayed. One delay per day, Party B shall pay liquidated damages to Party A on the basis of the actual amount of payment (2/1000).
The above penalty is a one-time compensation standard, but the highest price does not exceed the paction price of the set of kitchen.
6.2 there is evidence that the delay in delivery of part of the goods due to Party B causes delay in use. For each delay period, Party B will pay liquidated damages to Party A (2/1000) according to the amount of payment of the goods in question.
The above penalty is a one-off compensation standard, but the highest price does not exceed the paction price of the missing goods.
The use of delay refers to the fact that basic cooking activities such as washing and cooking can not lead to basic dining activities. In this case, Party B will make a one-time compensation to Party A in accordance with the above standards.
Part of the overdue delivery of the goods will not affect the basic dining activities, but may also be repaired after the handover.
However, due to the delay of Party A's reasons, the delay of Party A's agreement and the delay of force majeure, the delay caused by Party B's willpower will not be regarded as a breach of contract by Party B.
6.3 there is evidence that Party A is not liable for delay in providing construction conditions and delay in installation for more than 60 days.
However, Party A shall be responsible for all costs arising from the rework or multiple visits due to Party A's causes, and all the expenses arising from rework or multiple visits.
6.4 because party a postponed the installation, causing Party B to keep the contract subject matter for more than 60 days, Party A shall pay Party B's liquidated damages for warehousing, storage and other expenses from sixty-first days, but the maximum penalty per day shall not exceed 1 per thousand (1/1000) of the total amount of the loan.
6.5 because party a postponed the installation, causing Party B to keep the contract subject matter for no more than 2 years, Party B must ensure that the goods are in good condition. If the loss occurs, the responsibility shall be borne by Party B. if the storage period is more than 2 years, the quality of the contract subject to product quality problems (except for structural quality problems), Party B shall not be liable for the goods, but only ensure that the goods are complete, and the products are processed in accordance with the requirements.
Party A postponed the installation for more than 2 years. If Party B fails to notify Party A or Party A refuses to fulfill its obligations in accordance with the contract, Party B has the right to detain Party A's property in accordance with the regulations of the People's Republic of China guarantee law eighty-second, eighty-third, eighty-fourth and eighty-fifth.
If the income after detention is not enough to pay for warehousing and storage, party a still needs to make up.
6.6 during the installation process, Party B should properly protect the on-site facilities and kitchen products. If damage is caused, Party B should bear the responsibility of repair or compensation.
6.7 Party A can check the purchase order and the kitchen products to be checked through the appropriate channels or directly to Party B's business personnel. If there is evidence that Party B has a breach of contract such as shoddy and steal material when accepting the handover or after acceptance, Party B shall bear the liability for breach of contract. In addition to repairing or replacing the unqualified material without compensation, Party B shall pay 2 times the amount of the payment of part of the unqualified material as a penalty for breach of contract.
6.8 in any direction, when the other party proposes a claim, it must provide effective evidence and the claim is in conformity with the provisions of this contract. The contract is not stipulated in accordance with the relevant laws and regulations.
Seventh ways to solve contractual disputes
All disputes arising from the execution of this contract shall be settled amicably through negotiation. When the negotiation fails, the consumers' Association shall submit the contract to the consumer's Association for mediation.
When mediation fails, it can be settled in the following way. (if the arbitration is chosen, the name of the Arbitration Commission should be specified):
A. submitted to the Arbitration Commission of the Hong Kong, Macao, China and Hong Kong Arbitration Commission (Arbitration).
B. prosecute the people's court according to law.
Eighth other conventions
Party A shall submit liability for breach of contract if Party A puts forward the appearance defect or quantity error after signing the pfer order.
Party A can not prove that it is Party B's responsibility. Party A shall bear the responsibility. Party A can prove that Party B's responsibility is repaired or supplemented by Party B. Party B shall not be liable for breach of contract.
If Party B refuses to repair or repair, Party B shall bear the liability for breach of contract.
The ninth contract is effective after the two parties sign (Gai Zhang). The alteration part of the contract is invalid; if the additional contract can be added to the agreement, the supplementary clause shall not conflict with the provisions expressly prohibited by laws and regulations.
The contract is made in three copies, one party A and Party B two copies.
The ordering party (party a stamp or signature):
Legal representative (or natural person):
Agent: it is: xxxxxxxxxxxxxxx.
This is the day of the year.
The contractor (Party B's seal or signature):
The legal representative is the following: legal, deputy, and so on.
Agent: it is: xxxxxxxxxxxxxxx.
____________年________月________日
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