Project entrustment contract format: 1, basic information of both parties' identities; 2. Overview of the project; 3. Entrustment method; 4. Contract term and payment method; 5. Rights and obligations to be performed by both parties; 6. Liability for breach of contract; 7. Dispute settlement; 8. Signature of both parties and effective time.
Model project entrustment contract 1
Party A:
Party B:
In order to complete the decoration engineering construction entrusted by the owner, Party A entrusts Party B to perform the duties of Party A's project manager and fulfill the obligations of the decoration engineering construction contract (hereinafter referred to as the main contract) signed by Party A on behalf of Party A through consultation with the owner. In order to clarify the responsibilities of both parties and provide high-quality products and high-standard services to the owner, the two parties have reached the following agreement based on the principles of equality, voluntariness, fairness and good faith:
First, the mode of entrustment.
Party B, on behalf of Party A, performs the obligations of the main contract, and carries out the construction contract management of the decoration project entrusted by Party A in general contracting, sub-contracting, quality contracting, safety contracting, time limit contracting and civilized construction mode. ..
Second, the contract period
The term of this contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Thirdly, the Committee
Party A shall pay the commission according to the decoration project managed by Party B. ..
(1) commission standard
Party A shall calculate Party B's commission as follows:
1, and Party A shall pay Party B a commission of% of the total settlement price of the renovation project for which Party B is responsible. The taxes and fees shall be paid by Party B;
2. Party A will deduct the material cost and labor cost from the total internal settlement price of the decoration project that Party B is responsible for, and pay the balance to Party B as commission. The internal settlement price shall be set by Party A or stipulated by referring to industry standards; Party B is responsible for the taxes and fees of the total internal settlement price. Party A encourages Party B to take scientific and technological management measures to minimize the project cost on the premise of high-quality and efficient service to the owner and ensuring the quality, safety and construction period of the project.
(2) Time of commission payment
1, after Party B has fulfilled all the obligations in the main contract, the owner in charge of the decoration project will jointly complete it with Party A, and all the project funds will be calculated and paid within seven working days after tax payment;
2. Party A shall deduct the warranty money agreed in the main contract from the commission due to Party B (if there is no agreement in the main contract, it shall be calculated as% of the total settlement price of the decoration project, and the warranty money shall be settled to Party B within one week after the project is relieved of its responsibilities;
Four. Alteration, dissolution, re-conclusion and termination of the contract
(1) This contract can be changed according to law with the consent of both parties.
(II) Party A may terminate this contract at any time under any of the following circumstances:
1. Party B fails to complete the tasks entrusted by Party A according to the requirements of the main contract and this contract;
2. Party B refuses to accept the task entrusted by Party A without justifiable reasons;
3. Party B seriously violates Party A's rules and regulations or disobeys Party A's management;
4. Party B seriously neglects his duty and engages in malpractices for selfish ends, thus causing great damage to the interests and reputation of Party A;
5. Party B speculates, resells orders, or undertakes renovation works privately;
6. Party B purchases materials privately, cuts corners and shoddy goods, which causes great damage to the interests and reputation of Party A;
7. Party B shall be replaced twice within six months at the request of the owner or at the decision of Party A;
8. Party B is investigated for criminal responsibility according to law;
9. Party B is sick or injured and can't engage in the original work;
10. The objective conditions on which this contract was concluded have changed greatly, which makes this contract impossible to perform;
1 1. Other circumstances stipulated by laws and regulations.
(III) In any of the following circumstances, Party B may notify Party A to terminate this contract at any time:
1, Party A fails to pay the commission as agreed in this contract;
2. Party A forces labor by means of violence, threat or illegal restriction of personal freedom;
3. Other circumstances stipulated by laws and regulations.
(4) In any of the following circumstances, this contract is automatically dissolved:
1, Party A declares bankruptcy according to law;
2. Party A is dissolved or revoked according to law;
3. Party B dies.
(5) Except in the circumstances specified in the third paragraph of this article, Party B shall notify Party A in writing 30 days in advance to terminate this contract.
(6) Re-signing the contract
Upon the expiration of the contract, if both parties agree to extend the contract relationship, they shall re-sign the contract within 30 days before the expiration of the contract.
(7) Termination of the Contract
This contract will automatically terminate when it expires or the termination conditions agreed by both parties appear.
Verb (abbreviation for verb) The responsibility of both parties.
(I) Party A's responsibilities
1. Party A shall pay the commission to Party B as agreed in this contract. Where Party A deducts or defaults on Party B's commission for no reason, it shall pay Party B the commission and economic compensation equivalent to% of the commission in full.
2. Party A shall train, supervise, examine and manage Party B at different levels. ..
3. Party A shall assist Party B in compiling the construction organization design, participate in the on-site disclosure organized by Party B, assist and supervise Party B's construction organization management, supervise and inspect the construction quality and safety of Party B's construction site, implement the intermediate acceptance, hidden acceptance, completion acceptance and quality evaluation of Party B's construction projects, and participate in the completion handover of Party B..
4. Party A shall formulate management measures for assessment and dispatch, and entrust Party B to undertake decoration construction tasks according to the task quantity and classification assessment of decoration engineering.
5. Party A shall accompany Party B to use the decoration materials according to the material plan provided by Party B, and be responsible for the quality of the materials provided. Party A shall continuously optimize the procurement channels of materials and strive to provide high-quality and low-cost materials.
6. Party A provides design services for the decoration project entrusted to Party B to manage the construction.
7. If it is confirmed by Party A or the owner that Party B has or may continue to perform the main contract or fail to perform according to the agreed standards, Party A has the right to replace Party B and reserve the right to claim compensation from Party B. ..
8. Party A shall bear all losses and consequences caused to the Owner and Party B due to its violation of the main contract;
9. Party A shall bear all losses and consequences caused to Party B due to its violation of this contract.
(II) Party B's responsibilities
1. Party B shall pay the performance bond RMB (in figures: RMB) to Party A in one lump sum (excluding interest). If Party A cancels the Contract according to Items 4, 5 and 6 of Paragraph 2 of Article 4 of the Contract, the performance bond will not be returned; Party B shall, in accordance with Article 4 of the Contract
Article 3 Where the contract is terminated, the performance bond shall be fully refunded within 30 working days; If the contract is dissolved or terminated due to other reasons, the deposit of 5,000 yuan shall be returned within one week after the warranty responsibility of the last site for which Party B is responsible is dissolved;
2. According to the needs of the project or the requirements of the owner, prepare the construction organization design (or construction plan, progress plan and material plan), and submit it to the owner for approval after being reviewed by Party A;
3. Strictly abide by the construction specifications, safety operation procedures, fire safety and environmental protection regulations and various rules and regulations formulated by Party A according to law; Organize the construction in strict accordance with the quality, time limit, materials and process standards stipulated in the main contract, construction drawings, work instructions, construction organization design and relevant specifications and standards to ensure the construction safety;
4. Party B must appoint a responsible person at each construction site, who must be trained by Party A and can only be responsible for two construction sites at most in the same administrative area, and the expenses and other responsibilities shall be borne by Party B;
5. The construction personnel used by Party B must be trained by Party A before they can participate in the construction. If there is a shortage of construction workers during the construction period, with the consent of Party A, Party B may temporarily re-employ the construction workers. The expenses and other responsibilities of all construction personnel shall be borne by Party B;
6. Party B must use Party A's random materials according to Party A's random materials catalogue. For materials not listed in Party A's material distribution catalogue, Party B may purchase them by itself with Party A's consent, and Party B shall bear the quality responsibility and economic responsibility.
7, responsible for the payment of renovation project. When the owner can't pay the project payment on time, he should actively urge the payment and take effective risk prevention measures;
8. Take care of Party A's property and keep Party A's business secrets;
9. Party B has the right to refuse to carry out the illegal command and forced risky operation of Party A's management personnel; Have the right to criticize, report and accuse acts that endanger life and health;
10. Party B shall bear all losses and consequences caused to the Owner and Party A due to Party B's breach of the main contract;
1 1. Party B shall bear all losses and losses caused to Party A due to its violation of this contract.
Six, punishment and reward:
1. Party A has the right to punish the site safety, quality, construction period and civilized construction that Party B is responsible for according to relevant management regulations and punishment standards;
2. If Party B completes the construction task on schedule with good quality, quantity and safety, and the construction site is managed in good quality and order, and the owner receives the project payment on time, Party A may reward Party B as appropriate.
Seven. Others:
1. Party B shall be responsible for its own profits and losses, and undertake risks and responsibilities such as employment and security;
2. Party B's procurement and employment behavior has nothing to do with Party A, and Party B shall bear all responsibilities and obligations by itself;
3. Party A can pay workers' wages, industrial injury insurance and material expenses on behalf of Party B according to Party B's requirements or project management needs. However, this does not mean that Party A has responsibilities or obligations to any third party except Party B. ..
Eight. Matters not covered in this contract shall be settled by both parties through consultation.
Nine. settlement of dispute
Any contract dispute between Party A and Party B shall be settled through negotiation. If negotiation fails, a lawsuit shall be brought to the Shenzhen Municipal People's Court.
X this contract shall come into effect as of the date of signature or seal by both parties, and it shall be invalid if it is scribbled or countersigned.
XI。 This contract is made in duplicate, one for each party.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model essay on project entrustment contract II
Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ Postal Code: _ _ _ _ _ _ Tel: _ _ _ _ _ _ _ _ _ _ _ _ Legal Representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Title: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ Postal Code: _ _ _ _ _ _ Tel: _ _ _ _ _ _ _ _ _ _ _ _ Legal Representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Title: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Based on the principles of equality, mutual benefit and voluntariness, Party A and Party B have reached an agreement through consultation to sign this contract and abide by it jointly.
Article 1 Party A shall be responsible for technical exchanges and negotiations, and sign relevant technical agreements and technical annexes.
Article 2 Obligations of Party B ..
Party B is responsible for external liaison and business negotiation, signing contract agreements, and organizing overseas study tours or training when necessary.
Article 3 Obligations of Party A ..
Party A is responsible for completing the following approval documents before the foreign contract takes effect:
1. Reply to the feasibility report of the project;
2. Order card or equipment allocation table;
3. The national approval documents included in the technical transformation project plan and the tax reduction and exemption list approved by the customs;
4. The approval document of the centralized department that needs to handle the unified and centralized examination and approval of the project;
5. Import license of the project that needs to be licensed.
Party A shall bear the responsibility for delaying the entry into force or performance of this contract due to the failure to complete the above approval documents in time.
Article 4 Place of performance and settlement.
4. 1. Party B is entrusted by Party A to handle the formalities of overseas transportation, insurance, customs declaration and domestic combined transport of imported goods, and the expenses shall be borne by Party A. Party B or the Sinotrans company entrusted by Party B shall settle accounts with Party A on the basis of this statement.
4.2. Party A shall pick up the goods on time according to the notice of Party B or the agency entrusted by Party B, so as to avoid economic losses caused by the delay in picking up the goods. The destination of combined transport is _ _ _ _.
Article 5 the foreign exchange quota required by the contract.
5. 1. _ _% of the total foreign exchange required in this contract shall be settled by Party B. ..
5.2. _ _ _ _ _ _% of the total foreign exchange quota required in this contract shall be proposed by Party A and credited to Party B's account before signing the foreign contract.
Article 6 This contract shall be settled in RMB.
6. 1. Party B shall assist Party A to borrow money from China Industrial and Commercial Bank to solve the problem. The loan agreement shall be signed by Party A directly with China Industrial and Commercial Bank, and Party A shall bear the interest and repayment obligations by itself.
6.2. Party A shall raise _ _ _ _ _% of the matching RMB required by this contract.
Article 7 Party A shall, 30 days before the signing of the foreign business contract, issue a supporting RMB guarantee (including import tax) for the foreign exchange used in the contract to Party B..
Article 8 After the signing of a foreign business contract, Party A shall, within 5 days before the opening date stipulated in the contract, remit an equivalent amount of RMB (temporarily RMB 1 _ _ _ _ _ _ _ _) to Party B's bank account as the opening deposit, and after the actual payment, Party B shall remit the interest earned from the deposit to Party A.. ..
Article 9 Party B shall collect RMB _ _ _ _ _ _ _ _.
Article 10 Pay taxes on the shore.
The customs duties, consolidated industrial and commercial tax and other taxes payable for the purchase of foreign contracted goods shall be borne by Party A. According to the relevant regulations of the state, the goods shall be declared in time after landing, and the tax shall be paid within 7 days after declaration. Overdue will be fined until the goods are confiscated. Party B shall promptly notify Party A of the expected arrival date of the contract goods and the total tax payable. Party A shall remit the tax payable to Party B's account within 5 days before the arrival of the goods according to Party B's notice, or directly remit the tax payable to the account of Sinotrans Company according to the amount and time limit of tax payment at the port, otherwise Party A will bear all other responsibilities and losses caused by the failure to pay taxes in time.
Article 11 Treatment of Advance Payment
1 1. 1. Due to the insufficient payment and tax paid by Party A in advance, Party A shall pay _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
1 1.2. Party B may also consider using the project cooperative operation mode to advance funds, and the specific situation will be discussed separately. Article 12 Settlement
The contract goods specified in Article 8 of this entrustment contract are mixed in RMB, and the RMB tax specified in Article 10 shall be settled with Party A according to the actual amount after Party B pays the foreign goods and pays taxes on behalf of Party A on the principle of overpaying and underpaying.
Article 13 Price changes
After signing the contract with foreign countries, Party B shall timely predict and notify Party A in case of the following circumstances. If Party A fails to complete the relevant procedures in time as notified by Party B, Party B shall not be responsible for the consequences.
1. When the contract uses currencies other than US dollars, the foreign exchange quota is insufficient due to the depreciation of the US dollar.
2. Due to the change of contract schedule, the annual foreign exchange consumption index cannot be used in this year, and it must be returned to the original approval department and carried forward to the next year.
3. Due to the depreciation of RMB, the CIF price and tax of goods have also increased accordingly.
Article 14 Modification or termination of a contract
After the signing of this contract, if one party requests to change or terminate the contract, it must be put forward in writing, and relevant documents or contracts shall be signed separately after mutual consent. Without mutual agreement, the terminating party shall bear the economic losses of the other party.
Article 15 Force Majeure Event
If the contract cannot be performed due to force majeure, the party unable to perform the contract shall issue a notarial certificate, which may be exempted from economic responsibility.
Article 16 Arbitration
16. 1. Both parties will jointly implement the import project plan in the spirit of friendly cooperation. If there are any differences between the two parties in the execution of the contract, they should be settled through friendly negotiation. If negotiation fails, the case shall be submitted to the Arbitration Commission for arbitration in accordance with its arbitration rules, and the arbitration award is final.
16.2. The arbitration fee shall be borne by the losing party.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model essay on project entrustment contract 3
Client: (hereinafter referred to as Party A)
Legal representative:
Domicile:
Trustee: (hereinafter referred to as Party B)
Address:
The entrusting party entrusts the entrusted party to implement the _ _ _ _ _ _ _ _ _ _ _ _ _ _ project. On the basis of legality, equality and voluntariness, and in accordance with the relevant provisions of the Contract Law of People's Republic of China (PRC), both parties have reached the following terms through full consultation:
I. Entrusting matters:
Entrust the trustee to implement the project, and the entrustment period is from to.
Two. Responsibility of the entrusting party:
1. Provide necessary conditions and environment for the trustee to complete the project.
2. Provide necessary data and information during the project.
3. Pay the trustee according to the price agreed in this contract.
4. Without the consent of both parties, the contract price shall not be changed without reason.
5. The trustee shall not accept the entrustment to engage in illegal entrustment.
6. Obligations to be performed by other trustees.
Three. Responsibilities of the trustee:
1. Be responsible for the specific implementation of the entrusted project under the unified management of the entrusting party.
2. Keep the project confidential in strict accordance with the requirements of the entrusting party.
3. The project work results shall be delivered according to the methods and standards agreed in the contract.
4. During the performance of the contract, you shall not violate the contract and abide by the relevant laws and regulations that should be observed during the performance of the project.
5. Bear the relevant taxes and fees obtained from the contract price.
6. Take full legal responsibility for equipment, materials and personal injury accidents that occur during the performance of this project contract.
7. Other obligations that the trustee shall undertake.
Four. Project content:
Five, the project completion standard, time and quality evaluation
Service fee and payment method of intransitive verbs:
1. service fee: both parties agree that the service fee for this project is RMB;
2. Payment method: Both parties agree to implement the following terms:
2. 1 The service fee shall be paid monthly, and RMB shall be paid before the day of each month;
2.2 The service fee shall be paid in one lump sum, and the entrusting party shall pay it to the entrusted party within days after the expiration of the entrustment period of this contract.
3. Every time the agent collects the service fee, he shall provide the client with a true, valid and complete service fee invoice.
Verb (abbreviation of verb) liability for breach of contract:
1. The entrusting party shall provide the corresponding conditions, information and data required by the environment or project in time. If it cannot be completed due to the client's reasons, the client shall be responsible for the consequences.
2. If the business secret is leaked due to the fault of the agent, the agent shall bear the consequences and compensate the client for the corresponding economic losses.
3. The trustee shall implement the project implementation plan as scheduled. If it is delayed without reason or cannot be completed due to insufficient capacity, it shall bear the consequences and compensate the economic losses of the entrusting party.
4. If the entrusting party fails to pay in the way agreed in the contract, the entrusted party has the right to terminate the contract.
5. If there is any dispute about the quality of project completion, it shall be judged by a third party recognized by both parties.
VI. Settlement of contract disputes:
In case of any dispute during the execution of this contract, both parties shall first settle it through friendly negotiation. If the two parties fail to reach an agreement through consultation, the people's court shall settle it through litigation.
Seven. Others:
1. This contract shall come into effect as of the date of signature. During the performance of the contract, neither party may change or terminate the contract without authorization.
2. This agreement belongs to the project entrustment contract relationship, and the provisions of People's Republic of China (PRC) Labor Law, People's Republic of China (PRC) Labor Contract Law and other relevant laws and regulations are not applicable, but the provisions of People's Republic of China (PRC) Civil Law General Principles, People's Republic of China (PRC) Contract Law and other relevant laws and regulations are applicable.
3. If there are any outstanding matters, both parties shall negotiate in good faith, fairness and friendship, and make supplementary provisions in writing, which have the same legal effect as this contract.
4. This contract is made in duplicate, one for each party, and shall come into effect as of the date of formal signing.
Eight. Supplementary terms:
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The above is what Bian Xiao shared today, and I hope it will help everyone.