Sales Contract of Commercial Housing
Sales
Contract of
Commercial Housing
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Bargainee
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Original
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(Contract
Serial No.: Xx Xx Real Estate-MS(2007)-241)
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Formulated
by
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Ministry
of Construction of the People’s Republic of
China
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State
Administration for Industry and Commerce,
P.R.C.
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Directions
to the Sales Contract for Commercial Housing
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1.
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The
text of contract is of a model contract wording that can also be
applied
as a use text in signing contract. Before signing a contract, the
bargainee should read with care the contents of the contract, and
for any
different understanding upon the contract terms and professional
words
related, it is advised to consult your local competent department
of real
estate development.
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2.
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The
commercial housing referred in the contract is the housing that
is
developed, constructed and sold by an enterprise engaged in business
of
real estate development.
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3.
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With
a view to the principle of voluntaries of the two parties, it is
provided
herein blank lines after the relative terms of the contract for
of-own-accord engagement or supplementary engagement of both parties.
The
two parties can modify, supplement, abridge or cut down the description
of
terms of the contract. At signing contract and its becoming effective,
the
unmodified printing wording of the text is considered as descriptive
content mutually accepted by both parties.
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4.
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For
the content to be selective and be filled in, it takes preference
for
finishing manually.
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5.
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For
the selective content marked as【
】,
the part of blank line and other content needed for adding or deleting,
it
is determined through consultation. The selective content in
bracket【
】is
to be fixed by ticking the mark “√”;
At the cases no specific matter takes place or none of engagement
made
between both parties, it should be ticked the mark “×” for deletion.
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6.
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Before
signing contract, the bargainor should present bargainee the necessarily
related certificates and supporting documents that are provided
by the
bargainor accordingly.
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7.
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For
the contract terms herein, it is responsible to be explained by
the
Ministry of Construction and the State Administration for Industry
&
Commerce of the People’s Republic of China.
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-1-
Sales
Contract for Commercial Housing
(Contract
S/N:
)
The
Two Parties of the Contract:
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Bargainor: Shaanxi
Xx Xx Real Estate Development Co., Ltd
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Registered
Address: Xx.00
Xxxxxxx Xxxxxxx xx 0xx
Xxxxx Xxxx Xx, Xx’xx
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Registration
Number of Business License: 6100001004939
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Competence
Certificate No.:(1997)Z1030
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Legal
Representative: Xxxxx
Xxxxxx
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Tel:
000-00000000
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Zip
Code: 710065
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Principal’s
Representative: Xxxxx
Xxxx
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Xxx:
Xx.00
Xxxxxxx Xxxxxxx xx 0xx
Xxxxx Xxxx Xx, Xx’xx
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Zip
Code: 710065
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Tel:
000-00000000
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Agency
Entrusted: ________________________________________
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Registered
Address: ___________________________________
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Registration
Number of Business License: __________________________________________
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Legal
Representative: ______________________________
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Tel:
____________________________
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Zip
Code: __________________________________
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Bargainee: Shaanxi
Jialong Hi-Tech Industrial Co., Ltd
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【Oneself】【Legal Representative】Name:
Xxxxx
Xxxxxxx
Nationality: China
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【ID
Card】【Passport】【Registration
No. of the License】 6101036312200283
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Address:
Building
B Hua Jing Commercial Plaza South Feng Hui Road, Xi’an, Shaanxi
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Zip
Code: _____________
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Tel:
__________________;
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【Principal’s
Representative】【
】Name:
_____________
Nationality: ____________________
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Address: ________________________
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Zip
Code: ________________________
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Tel:
____________________________
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According
to the Contract
Law of the People’s Republic of China, Law of Urban Management of Real Estate of
the People’s Republic of China
and
along other stipulations of law and regulations of the state related with,
upon
the basis of equality, free will and consensus reached, the bargainor and
bargainee have hereby concluded the agreement for sale of commercial housing
as
follows:
Item
1 Basis of Project Construction
The
bargainor, by the means of transfer
,
obtains
the land-use right for the land plot numbering YT-3-2-1
that
locates at Xxxx
Xxxx Road, Xi’an The
【Number
of
Transfer Contract of Land-use Right】【Approval
No. of Appropriation of Land-use Right】【Approval
No. of Transfer of Appropriated Land-use Right】GF-92-1001
The
land
area of the plot is
3329.1 ㎡ ,
programmed purpose as dwelling
the age
limit from
2001/06/07 to
2065/10/22 (Y/M/D).
The
bargainor, at being approved, constructs commercial housing on the land plot
mentioned above with the 【Present
Name】【Temporary
Name】
Millennium Star Mansion.
The
programming license of construction engineering is 221
,
the
number of license for construction is (2001)
0346 .
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
-2-
Item
2
Basis for Sale of the Commercial Housing
The
commercial housing purchased by the bargainee is【ready
house】【sell-in-advance
commercial house】.
The
approval authority for the sell-in-advance commercial housing is ,
along
the license for being on advance sale of commercial housing numbering
__________________.
________________________________________________________________________________
________________________________________________________________________________.
Item
3 Fundamental State of the Commercial House Purchased
The
commercial house that purchased by the bargainee (hereinafter the commercial
house, housing flat-sheet of which refers to the attachment 1 of the contract,
with numbering of the house subject to the No. 1 attachment) is belonging
to the
project stated in the item 1 that specifically as:
【Building】
No.1
【Block】__ 【Unit】1
【Floor】25
House
numbering 12501,
12502, 12503, 12504, 12505, 12506, 12507, 12508, 12509, 12510, 12511
.
Note:
The mansion does not have the elevators of 13th,
14th
floor;
and the elevator in this floor is the 27th
floor.
The
purpose of the commercial house is commercial
dwelling. It
is of
frame
structure and
of
3.5m
of
story
height. The total stories of the building above ground is 29
F
,
and
story underground
3
F
.
The
balcony is【Enclosure
form】【Non-enclosure
form】.
The
building area of the commercial housing by【engagement
of contract】【registration
of property right】is
2051.01
M2
aggregately, amongst which, the interior floor space is 1444.08 M2
and, the
building area of common part & public apportionment of housing 606.93
M2
(the
particulars for composition of building area of the related common part
and
public housing apportionment refers to the No. 2 attachment.)
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
Item
4 Modes of Pricing and Purchase Price
The
two
parties of the bargainor and bargainee agree to calculate for purchase
price of
the commercial house as per the 1st
mode
designated as below:
i
Calculate on the basis of building area, the unit price of the commercial
house
is Ұ 5985
per M2 (in the currency of Renminbi ), for an total amount of
RMB TWELVE MILLION TWO HUNDRED AND SEVENTY FIVE
THOUSAND TWO HUNDRED AND
NINTY FIVE YUAN ONLY (RMB12,275,295.00Yuan)
ii
Calculated on the basis of the interior building area of each house,
the
unit price of the commercial house
is per
M2 (in the currency
of
), for an total amount
of
iii Calculate
on the basis of flat (unit), the totaling price of purchase of the commercial
house in the currency of
is .
-3-
iv Remark:
(1) The fees for getting through of the communication and network shall
be paid
to subscribe by bargainee since its move in; (2)When transacting the
house
property certificate, bargainee shall pay the contractual tax and have
the
governmental legal documents; and bargainee shall bear all the
expenses.
Item
5 The Area Confirmation and Settlement of Area Difference
In
accordance with the mode of pricing chosen by both parties, this item
hereby
stipulates to conduct area confirmation and settlement of area difference
in
terms of the【building
area】【interior
building area】(all
“the
area” for short under this item).
For
parties choose the mode of pricing by flat, it is not applicable with
the item
stated hereby.
For
difference between the engagement area of contract and the registration
area of
property right, it is subject to the registration area of property right
eventually.
After
delivery of the commercial housing, for any difference arisen between
the
registration area of property right and engagement area of contract,
both
parties are willing to settle by
method
as
a solution: the
i
Self
engagement of mutual parties:
(a)
________________________________________________________________;
(b)
________________________________________________________________;
(c)
________________________________________________________________;
(d)
_________________________________________________________________.
ii
Both
parties agree to dispose of as per the following principles:
(a)
The
absolute value of error ratio of the area being within 3% (containing
3%), it is
to settle payment of housing according to facts;
(b)
The
absolute value of error ratio of the area being beyond 3%, the bargainee
is
entitled to withdraw housing.
For
withdrawal of housing claimed by bargainee, the bargainor is to repay
bargainee
the sum paid in within 30 days after bargainee’s claim, along paying interest
rate at
.
For
non-withdrawal of housing, at registration area of property right larger
than
engagement area of contract, the sum for the part with error ratio
of the area
within 3% (containing 3%) is to be made up by the bargainee, and, the
sum
exceeding 3% is to be born by the bargainor whereas the property right
belonging
to the bargarnee; At registration area of property right smaller than
the
engagement area of contract, the sum for the part with absolute value
of error
ratio of the area with 3% (containing 3%) is to be returned to the
bargainee by
the bargainor, and, the sum exceeding the 3% is to be returned to the
bargainee
by the bargainor doubling the initial figure.
Error
ratio of the area = [(registration area of property right - engagement
area of
contract)÷engagement area of contract] × 100%
For
difference of the area arisen from architectural change and both parties
not
planning to cancel contract, the two parties should sign a complementary
agreement accordingly.
-4-
Item
6 Type of Payment and Deadline
The
bargainee pays on time as per the
1st means
mentioned as below:
i
Single
Payment
Bargainee
shall pay the deposit of RMB50,000.00Yuan only, and shall pay in full the
total
house price with the amount of RMB12,275,295.00Yuan; Note: the deposit shall
be
used as part of the house
price.
ii
Installment
____________________________________________________________________.
iii
Any
Other Means
____________________________________________________________________
____________________________________________________________________.
Item
7 Bargainee’s Liability for Breach of Contract at Overdue
Payment
If
the
bargainee failed to effect payment as per the time designated in the contract,
it is to dispose of by mode
as
below:
Handwriting:
If
Xxxxxxxxx fails to pay off the house price before July 20, 2007, the contract
will be automatically terminated. The paid deposit from Party A shall be
deemed
as the violating fee (In word: RMB Fifty Thousand Yuan Only) and shall not
be
refunded by Party B.
i
Handle
separately depending on actual overdue time (for not being accumulated)
(a)
For
overdue time within days,
starting from the 2nd
day of
the payable deadline stipulated up to actual date of paying full amount of
the
account payable, the bargainee pays to the bargainor by the day a penalty
amounting of
the
overdue account payable, then the contract proceeds;
(b)
For
overdue time exceeding days,
the
bargainor has got a right to cancel the contract. At cancellation of contract
by
the bargainor, the bargainee pays to the bargainor a penalty calculated
by of
the
accumulated account payable. Under occasion the bargainee prefer to continue
contract performance herein, upon acceptance of the bargainor the contract
can
proceed with, whereas starting from the 2nd
day of
the payable deadline stipulated up to actual date of paying full amount of
the
account payable, the bargainee pays to the bargainor by the day a penalty
amounting of
the
overdue account payable [the rate hereof should not be lower than that of
in (a)
above].
The
overdue account payable refers to the gap between the matured account payable
and actual account effected; for installment payment, it is determined by
gap of
the installment account payable and actual account paid up of the same
installment correspondently.
ii
__________________________________________________________________
___________________________________________________________________.
-5-
Item
8 Time of Delivery
The
bargainor, should before the date of within
10days after bargainee paid off he house
price ,
in
conformity with the relative stipulations of the state and the local people’s
government, deliver to the bargainee the commercial house for use conforming
to
the engagement of the contract as well as possessing the
1st condition
listed hereunder:
i
The
said commercial house proves of quality construction at acceptance check.
ii
The
said commercial house proves of quality construction at overall acceptance
check.
iii
The
said commercial house proves of quality construction at the divided
comprehensive acceptance check.
iv
The
said commercial house has obtained the approval document for delivery of
use of
commercial residential building related to.
v _________________________________________________________________.
Under
special circumstances given below, except for cancellation of contract or
renewal of contract, the bargainee can postpone according to actual condition:
(a)
Encountered with force majeure, and the bargainor inform the bargainee of
it
within days
from
its occurrence;
(b)
_________________________________________________________________
(c)
_________________________________________________________________ .
_____________________________________________________________________
Item
9 Bargainor’s
Liability for Breach of Contract at Overdue Delivery of Housing
Expert
for the special circumstances stated in Item 8 of the contract, it is to
dispose
of as per 1st mode
below at the bargainor’s failing to deliver the commercial house by the deadline
as designated:
i
Handle
separately depending on actual overdue time (for not being accumulated)
(a)
For
overdue time not exceeding 30
days,
starting from the 2nd
day of
the final deadline of housing delivery stipulated in Item 8 up to actual
date of
delivery, the bargainor pays to the bargainee by the day a penalty amounting
0.5%
of
the
already paid account of housing, then the contract proceeds;
(b)
For
overdue delivery of housing exceeding 30
days,
the
bargainee has got a right to cancel the contract. At cancellation of contract
by
the bargainee, the bargainor should refund all the account paid within
30
days
after arrival of bargainee’s notice of contract cancellation and along pays to
the bargainee a penalty calculated by ___8%_____of
the
accumulated account paid. Under occasion the bargainee prefer to continue
contract performance herein, the contract can proceed with, whereas starting
from the 2nd
day of
the final deadline of delivery stipulated in Item 8 up to the actual date
of
delivery, the bargainor pays to the bargainee by the day a penalty amounting
_0.1%_of
the
already paid account of housing [the rate hereof should not be lower than
that
of in (a) of Item 9].
ii
_________________________________________________________________ .
Item
10 Engagement of Programming Change and Design Change
For
the
programming change checked by programming department and design change
accepted
by designing organization that leads to an influence to the quality or
function
of the commercial house purchased by the bargainee, the bargainor should
advise
the counterpart within 10 days after consent or approval of related department
in written notice:
-6-
i
The structure form, flat type, space size and the orientation related to the
commercial house;
ii
_____________________________________________________________________________________________.
iii
_____________________________________________________________________________________________.
The
bargainee has got a right to reply in written whether withdraw the house or
not
within 15 days after receipt of the notice. If the bargainee did not make a
written reply within 15 days after receipt of the notice, it’s thus treated as
acceptance of the change. If the bargainor failed to inform the bargainee in
a
time limit designated, the bargainee has right to claim withdrawal.
For
housing withdrawal of bargainee, the bargainor should refund to the bargainee
the fund paid within days
at
the bargainee’s claim, along paying interest rate at .
For
non-withdrawal from bargainee, it is proposed to sign further supplementary
agreement with the bargainor accordingly.
____________________________________________________________________________________________________.
Item
11 The Transfer
After
reaching the standard of use delivery of the commercial housing, the bargainor
should inform the counterpart in written form for fulfilling procedure of
delivery. At the accepting & transferring of the two parties, the bargainor
should present the supporting documents stated in Item 8, and sign the delivery
receipt issued. For the commercial house purchased belonging to dwelling house,
the bargainor is further demanded to provide Quality Warranty of Residence
and
Description of Residence. If the bargainor failed to present the certifying
documents or for incompleteness of the documents, the bargainee has a right
to
decline the transfer and responsibility of postponing delivery is to be borne
by
the bargainor.
For
reason of the bargainee for deferred delivery of housing, the two parties agree
to deal with in the following way:
Bargainee
shall bear all the property management fee of the house since the house has
the
delivery conditions.
Item
12
The
bargainor guarantees the commercial house sold is of non-involvement of disputes
of property-right or liabilities. For the cause of the bargainor failing to
conduct registration of property-right or causing dispute of liability with
regards to the commercial house, it is to be borne entirely by the bargainor.
Item
13 Xxxxxxxxx’s Liability for Breach of the Contract Regarding Guarantee to the
Standards of Decoration and Installation
The
standards of decoration and of installation for the commercial house delivered
by the bargainor should be in line with the standards that mutually engaged
(refers to the attachment 3).
If the
standards being not in keeping with the standards engaged, the bargainee has
the
right to ask the bargainor handle by mode
as
below:
-7-
i
The bargainor compensates for double the price-difference of decoration and
installation.
ii
_____________________________________________________________________________________________
iii
_____________________________________________________________________________________________.
Item
14 Bargainor’s Guarantee for Normal Operation of the Infrastructure and Public
Supporting Construction
The
bargainor promises hereby the following infrastructure and public supporting
construction that linked directly to normal use of the commercial house will
reach the required conditions of application at the following dates:
i
Water,
Electricity, Small-sized commercial-used Central Air-conditioner, To be used
on
the contracted delivery date;
ii
Elevator,
Communication, Network, Cable TV, To be used on the contracted delivery date
;
iii
_____________________________________________________________________________________________;
iv
_____________________________________________________________________________________________;
v
_____________________________________________________________________________________________.
If
any
failure occurred for reaching the use condition within the deadline guaranteed,
the two parties are to deal with upon consensus in the way(s) below:
i
_____________________________________________________________________________________________
ii
_____________________________________________________________________________________________
iii
_____________________________________________________________________________________________.
Item
15 Engagement Regarding Registration of Property Right
The
bargainor should submit for file the available data being required for
registration of titlehood within 180
days
after delivery of the commercial house at the registration dept of property
right. If for the cause of the bargainor, the bargainee failed to obtain the
title certificate of real estate within fixed limit, both parties are to settle
upon consensus through
2nd
mode
as
below:
i
The bargainee claims for housing withdrawal, and the bargainor refunds the
paid
fund of housing within days
from
the bargainee’s claim, along compensating losses of the bargainee by
% of the
housing fund paid.
ii
The bargainee claims no withdrawal of housing, and, the bargainor pays to the
counterpart a penalty by 1%
of
the
funds of housing paid up.
iii
_____________________________________________________________________________________________
Item
16 Guarantee of Maintenance
For
the
commercial house purchased by the bargainee being commercial dwelling house,
the
Quality Warranty of Residence is hence taken as the attachment of the contract.
From the date of delivery of the commercial dwelling house, the bargainor
undertakes maintenance as engaged in Quality Warranty of Residence.
For
the
commercial house purchased being not commercial dwelling house, the two parties
should make engagement in details for the maintenance scope, term and
obligations in the form of appendix to the contract.
For
quality problem arisen within the scope and term of maintenance, the bargainor
is obliged to fulfill his obligations. For damage arisen by force majeure or
other reason beyond bargainor, the bargainor is free of obligation whereas
should be assistant in maintenance, with expenses thus occurred being borne
by
the purchaser (bargainee).
____________________________________________________________________________________________________.
-8-
Item
17 The Two parities may engage for the following matters:
i The
right to use the roof covering of the building the commercial house belonging
to: Bargainor
;
ii
The right to use the wall face of the building the commercial house belonging
to: Bargainor
;
iii
The
right to entitle the building the commercial house belonging to: Bargainor
;
iv
The
right to entitle the residential quarters that the commercial house belonging
to: Bargainor
;
v
_____________________________________________________________________________________________;
vi
_____________________________________________________________________________________________.
Item
18
The
house purchased by the baigainee is only for commercial
residential use,
and
the bargainee is not allowed to change without authorization the original agent
architecture, load-bearing structure and the purpose of the commercial house
during use of housing. Except for other stipulation of the contract and
attachments, in use of the house the bargainee is entitled to share with other
obligee the public architectural part and facilities linking to the commercial
house, and the meanwhile undertakes obligation as per the occupied area, the
apportioned area of public part & common premises.
The
bargainor is not allowed to change without authorization the quality of use
of
the public part and of the facilities linking to the commercial house.
____________________________________________________________________________________________________.
Item
19
For any
dispute occurred in process of performance of the contract, it is settled via
consultation of both parties. If compromise settlement failed, it is to be
settled as per the
2nd mode
as
follows:
i
Submit to Arbitration
Commission for settlement.
ii
Sue at
people’s court according to the law.
Item
20
For any
other matter uncovered in the contract, it is for both parties’ signing a
complementary agreement upon engagement (see the attachment 4).
Item
21
The
attachments have the same force of law as the contract. And in the contract
and
its attachments, the words filled in at the blank lines have the same legal
effect as the printing words.
Item
22
The
contract, along the attachments, is of 21pages
totally. It is made in …4..copies,
all of which holding the same act of law. The holding state of the contract
is
as:
The
Bargainor: 1
copy;
The
Bargainee: 1
copy;
Xi’an
City House Property
Right and Registry Management Center, One copy
and
Xi’an
City Real Estate Transaction Management Center, One copy respectively.
-9-
Item
23
The
contract becomes effective from the date of signing of the two parties.
Item
24
For the
commercial house sell-in-advance, within 30 days from the date of entry into
force of the contract, the bargainor is required to apply for registration
file
at the Xi’an
City State-Owned Land & Resources and Housing Administration Bureau
.
|
The
Bargainor (sealed and signed):
Shaanxi
Xx Xx Real Estate Development Co., Ltd
|
The
Bargainee (sealed and signed):
Shaanxi
Jialong High-Tech Industrial Co., Ltd
|
|
Legal
Representative: (signed)
Xxxxx
Xxxx
|
Legal
Representative(signed):
Xxxxx
Xxxxxxx
|
|
Principal’s
Representative (sealed):
|
Principal’s
Representative (with signature):
|
|
Date:
June
24th,
2001
Place:
Xi’an
|
Date:
June
24th,
2001
Place:
Xi’an
|
Registered
Authority (sealed):
Date:
-10-
