House Sales Contract
Party
A (Bargainor): Shaanxi Shengfan Technological Energy Materials Co.,
Ltd
Party
B (Bargainee): Shaanxi Jialong Hi-Tech Industrial Co., Ltd
According
to the Contract
Law of the People's Republic of China,
The
laws of the People’s Republic of China on Urban Real Estate Administration and
other relevant laws and rules,
the
bargainor and bargainee have hereby concluded the agreement for sale of the
housing as follows on the basis of mutual equality and free will:
Clause
One: Basic Information About the House
The
house
locates at Xxxx 0000, 00/X, Xxxxx X, Xxxxxxxx 1 of Huajing Square, No.20 Fenghui
South Road, High-Tech Development Zone, Xi’an City, Shaanxi Province with the
construction area of 265.63m2
(Refer
to
the attached House Floor Plan).
Clause
Two: Contract Price
The
purchasing price of xxx xxxxx xxxxx xx XXX0, 341,435.00Yuan (In words: RMB
One
Million Three Hundred and Forty-one Thousand Four Hundred and Thirty-five Yuan
Only).
Clause
Three: Mode and Term of the Payment
Mode
of
Payment: Party B shall pay in full the total house price on April
10th,
2007.
Party
A
shall issue a receipt to Party B after collecting all the payment.
Clause
Four: Party B’s Responsibility of Violating the Contract by Overdue
Payment
If
Party
B fails to pay the house price on time, as per day delay, Party B shall pay
0.1% of
the
total house price as violating fine to Party A.
Clause
Five: Delivery the House
Party
A
shall empty and deliver the house to Party B prior to April
6th,
2007
and
hand
on the house property certificate and relevant document to Party B; meanwhile,
Party B shall issue a delivery proof.
Clause
Six: Party A’s Responsibility of Violating the Contract by Overdue House
Delivery
If
Party
A fails to deliver the house on the contracted time, as per day delay, Party
A
shall pay 0.3% of the total house price as violating fine to Party B. If it
is 3
months overdue, Party B has the right to terminate the contract; at
the
same time, Party A shall refund all the house price collected from Party B
and
shall pay a certain compensation fund with the amount of the paid house price
to
Party B.
Clause
Seven: Party A’s Warranty
Party
A
shall pledge that the subject house has a clear property right, no other rights
settled or other disputes. After bought by Party B, if there are some property
right disputes on the house, and it influences Party B performing its
obligations and rights, Party A shall be responsible and deal with it and make
compensation to Party B’s any losses.
Clause
Eight: Issues
related to the House Property Right Transfer Registration
1.
Party
A and Party B shall have finished the procedures of the House Property Right
Transfer ahead of
January
28th,
2007.
If it
fails to transact the house property right transfer procedures caused by Party
B’s reason, Party B shall bear all responsibilities. While transacting the house
property right transfer registration, Party A shall present a written
application of transferring the house property right to Party B. If it needs
Party A’s assistance to deal with this issue, whensoever, Party A shall give
certain assistance. If there is any delaying caused by Party A and it affects
the house property right transfer registration, Party A shall bear all caused
losses.
2.
Before
signing this contract, if there are some unpaid taxes of the house, Party A
shall pay all the fees. Party B shall bear all the house transfer registration
fees, contract tax, valuation fees, and stamp duty produced in the course of
transacting the House Property Right Transfer procedures.
Clause
Nine: Disputes Settlement
Any
disputes come out during the execution of this contract; Party A and Party
B
should negotiate to solve the dispute. If it cannot be settled by negotiation,
it shall be submitted to the People’s Court in accordance with the laws.
Clause
Ten: Other uncovered Matter
For
any
other matter uncovered in the contract, it is for both parties’ signing a
complementary agreement upon engagement, which enjoys the same legal force.
Clause
Eleven: The contract is made in Four copies, all of which holding the same
act
of law. Each party holds one copy respectively. It shall be submitted one copy
to the housing property administration and taxation authorizations respectively.
Clause
Twelve: The contract becomes effective from the date of signing of the two
parties.
Party
A(sealed
and signed): Shaanxi Shengfan Technological Energy Materials
Co.,Ltd
Signature
of the Representative: Gao Ting
Party
B
(sealed
and signed): Shaanxi
Jialong Hi-Tech Industrial Co., Ltd
Signature
of the Representative: Xxxxx Xxxxxxx
April
2nd,
2007
Sales
Contract of
Commercial Housing
Contract No.:
Appendix
One: House Floor Plan (omitted) Room
Number:12303