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1、COMMODITY HOUSE PURCHASE AND SALES CONTRACT海峽博客0hXG"_ Xax(Suitable for commodity house pre-sales and sales) (Contract No.: 2008071820A55B204712)Contract PartiesVender: Register Address: Register Business License Number: Company Qualification Certificate Number: Legal Representative: Contact Pho

2、ne: Postal Code: Entrusted Agent: Address: Postal Code: Contact Phone: Entrusted Agency: Register Address: Register Business License Number: Legal Representative: Contact Phone: Postal Code: Vendee: Myself【Legal representative】 Name: Nationality: 【ID card】【Passport】【Business license registration num

3、ber】【 】 Address: Postal Code: Contact Phone: 【Entrusted Agent【 】Name: Nationality: Address: Postal Code: Contact Phone: According to thePeople's Republic of China Law of contract, People's Republic of China City Real estate Control law and other relevant laws and regulations,The vendee and v

4、ender should be base on the equality, voluntarily, Consults unanimously foundation to reach the following agreements about buy and sell the commodity apartments 。  Article 1 Project construction basisSeller get the land employment right of which is located in the East Sea gold coast, the serial

5、 number is by the way of .【certificate number for granting of land-use right 】is .This land area is , the plan use is the , the land use age is limited from to .Seller by approving of authority, construct the commercial residential houses in the above land parcel, 【present name】,【 temporary name 】 ,

6、 the construction project plan license number is , the building permit license number is . 。  Article 2 Residential basis.The residential is 【completed house】【the selling house in advance】 .The approval authority of selling house in advance is ,pre-selling permit license number is .  Artic

7、le 3 Fundamental state of vendees commodity house.Vendees commercial residential building (hereinafter referred to as the commodity building, the house plan is specified in appendix 1 to the contract, house number is bases on the appendix 1 details) which stipulated in the first article of the contr

8、act is: 【tents】(building number )specific house number is , 【unit】 【layer】house number .Commercial buildings use which is approved by planning department is , belongs to structure, layer height is .the total number of residential plies are underground layer are .The balcony of this apartment is seal

9、ed 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 ( refer to the attachment2 for Public area to be shared construction explanation )       Article 4 Valuation Mode & priceV

10、ender 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 to the Usable area, the unit price of this apartment is ( ) /, totally ( ) 3. According to the Set, the unit price

11、 of this apartment is totally ( ) 4 。  Article 5 Area confirmation and difference treatment1 2 3 4 Registration areas - Contracted areaArea tolerance ratio =×100contracted area  Article 6 Payment and DeadlineThe buyer must make the payment according to the mode1. Full Payment in once

12、2. Installment Payment 3. Others 。    Article 8 Delivery deadlineBut 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 majeure, and seller inform

13、ed 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 c

14、ontract, the buyer 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 _% defaul

15、t fine of the already 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 effe

16、cted payment. If the 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 effec

17、ted payment2 。 Article 10 Agreement on the planning and designing variation 。 Article 11 HandoverWhen the commodity residential meet the usage condition, the seller should send written notification to the buyer to make handover procedure. During the handover, the seller must issue the proof document

18、s 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 to issue the above documents or issue incomplete documents, the buy

19、er 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 residential sold without property rights and creditor's right

20、 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 the seller should meet the standard agreed by both

21、 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 normal usage of infrastructure, public affilia

22、ted 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 the conditions of use, the parties agree as f

23、ollows: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 registrat

24、ion proprietary certificate in time caused by the seller, both parties agree to treat in the following mode:1. The buyer cancels the order, the seller must return the effected payment within xx days after buyer raised the requirement, and compensate the buyer with % of the effected payment.2. The bu

25、yer does not cancel the order, the seller should pay the default fine with % of the effected payment.3 。  Article 16 Repair guarantee responsibilityFor the buyer who buy commodity residential, the residential quality guarantee will be affixed to this contract. The seller will stand the repair r

26、esponsibility according to residential quality guarantee from the handover day.For the buyer who buy commodity property id non-residential, both parties should make supplemental agreement as appendix of this contract which stipulates the repair scope, deadline, and responsibility.For the problems ha

27、ppened within the repair scope, deadline, the seller should perform the repair. For the majeure or damaged not caused by the seller, the seller will not stand the responsibility, but can assist for the repairing, the buyer shall bear the repair fee. 。  Article 17 Both parties can stipulates the

28、 following:1. The usage of the residential roofing ;2The usage of the residential external wall ;3 ; 。  Article 18 The buyers house can only be use as l, the buyer cannot change the main structure, partition structure and usage during the usage. Except for additional stipulated in the other att

29、achment in contract, the buyer has the rights to share the public area and infrastructure with other people with the rights, and bear the duty according to land area occupying and public shared area.The seller cannot change the performance of the public area and infrastructure. 。  Article 19 Di

30、sputes in the Course of Contract Fulfillment, shall be settled through consultation among parties concerned, if fail to consultations, and can be settled by the way of following mode:1、Submitted for arbitration commission of .2、Bring a suit in the peoples court in accordance with law.  Article 20 What is left unmentioned in the contract, both parties sh

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