How to write the contract, let's take a look at it together:
The main contents of the contract include: 1. The names and addresses of the employer and the contractor should be clearly written; 2. Write clearly the contents of the contracted project; 3. Write down the time limit and specific requirements for the performance of the contract; 4. Write down the amount of the price and the payment method; 5, write clear responsibility for breach of contract, etc.
model contract for contracted operation 1
party a:
party b:
in order to strengthen the project management, implement the project contract responsibility system, ensure scientific management, standardized work, standardized on-site work, professional division of labor, fully mobilize the enthusiasm of both parties, and improve the project operation efficiency, in accordance with the provisions of relevant laws and administrative regulations, On the basis of Party B's recognition of the engineering construction contract signed by Party A and the Employer (hereinafter referred to as the "Construction Contract" including supplementary agreements and annex materials), and in accordance with the requirements of Party A's relevant project management measures, both parties agree to sign this "Contract for Internal Contract Management of Engineering Projects" (hereinafter referred to as the Contract) through consultation.
article 1 project overview
1. project name:
2. project location:
3. project duration: subject to the construction contract signed by party a and the employer.
4. engineering quality standard: the construction contract signed by party a and the employer shall prevail.
the second principle and method
1. Implement the project leader responsibility system: Party A is appointed as the project leader (Party B), who will fully perform the Construction Contract on behalf of Party A during the implementation of the project construction management, and assume the first responsibility and all responsibilities that cannot be shirked.
2. Implement the principle of ensuring delivery and being responsible for its own profits and losses. Party A shall conduct unified accounting, and the project cost shall be listed separately. Make sure to pay business tax, income tax, management fee and other taxes and fees.
3. according to the principle of "dynamic management and optimized combination", party b shall equip a capable project management team (the members of the project management team and the implementation of division of responsibilities must be reported to party a for review and filing before commencement) to meet the requirements of project quality, safety, construction period, civilized construction and reduction of project cost.
4. according to the needs of the project, party a sends professional technical management personnel to provide technical guidance on technical issues such as project settlement and cost accounting.
5. according to the situation of this project, party a appoints comrades as the person in charge of the on-site project, and has full authority to supervise and manage the quality, safety, progress and civilized construction of the site and the performance of the contract, and regularly report the on-site construction to the company.
article 3 project contracting scope and contract workload
all contents signed by party a and the employer on, shall prevail.
Article 4 Indicator
1. Payment coefficient of project contracting: Party B shall pay the management fee to Party A according to or yuan /m of the total project settlement cost. Business tax, income tax, local or industry-specified taxes and fees, salaries of management personnel assigned by Party A, travel expenses, social insurance premiums, housing accumulation fund and other taxes and fees shall be withheld and remitted by Party A to Party B at the specified tax (fee) rate. All taxes and fees shall be paid at the time of invoice collection.
2. construction period: the contract period and commencement date signed by party a and the employer shall prevail, and party b shall ensure that it is completed within the time limit stipulated in the construction contract. If Party B delays the construction period, it will be fined 1,111 yuan for every 1 days of delay, except as agreed in the Construction Contract. If the construction period is delayed for more than 31 days, and Party B is unable to perform the contract or change the status quo, thus causing losses to Party A's image and reputation, Party A has the right to terminate the contract and assign another project leader to organize the construction and management.
3. project quality: strictly implement the national code for construction quality acceptance of building projects to ensure that the project quality meets the requirements of national acceptance grade standards. In case of quality accident, all responsibilities and economic losses shall be borne by Party B..
4. Safety in production: Construction shall be carried out in strict accordance with national safety operation regulations and standards, and all safety accidents (such as personal injury and death accidents, equipment accidents, traffic accidents, fire accidents, etc.) shall be prevented. In case of safety accident, all responsibilities and economic losses shall be borne by Party B..
5. Civilized construction: Party B shall undertake the corporate image project according to the relevant requirements of the construction administrative department where the project is located and the relevant documents of Party A's safe and civilized construction, and the expenses required shall be borne by Party B..
6. Recovery of project funds: the project funds shall be collected in time according to the time and quantity specified in the terms of the Construction Contract, with a recovery rate of 111%.
Article 5: Provisions on payment of project funds: Party B shall submit the statistical workload report for the current month and the progress plan report for the next month to the employer and Party A according to the provisions of the Construction Contract, and put forward the plan of funds and materials needed for the next month and the monthly settlement cost (accounting report). Party A shall timely review the monthly settlement cost of Party B to ensure that the project funds are earmarked.
Article 6: After the project completion warranty expires, the warranty money will be returned to Party B in one lump sum after Party A takes it back from the employer; If the employer requests the warranty during the warranty period, Party B shall send personnel to carry out the warranty in time, and the expenses shall be borne by Party B, otherwise the warranty money will not be refunded.
provisions of article 7 on risk of mortgage:
(1) Party B shall be responsible for the full payment of the project performance bond paid to the employer in accordance with the provisions of the tender documents, which shall be regarded as the risk of mortgage paid by Party B to Party A..
(2) The funds needed in the construction will be solved by itself, and Party A will not undertake the loan guarantee of funds. The creditor's rights arising from the project operation shall be enjoyed by Party B, and the debts shall be assumed by Party B indefinitely.
(3) Party B shall pay the security risk contract security deposit of RMB yuan, which shall be returned without interest after the completion of the project, if there are no major security accidents and fines for violation of regulations.
(4) Party A collects 2% quality deposit (it is not required if the construction unit collects quality deposit ≥5%). Quality
(5) After the project is completed and settled, if all the projects are performed according to the Construction Contract, there are no quality and safety problems, and all the creditor's rights have been recovered without losses and debts, the project completion data is complete and the Construction Contract has not appeared. If there are other problems, it will be returned after the problem is solved.
(6) Party B shall declare and pay the project work-related injury insurance to the local labor department of the company within 11 days before the contracted project starts, and the project can only be started after the insurance fee is cleared. If Party B's contractor refuses to pay the fee, the company will deduct the payment from the project payment, and the project payment will not be transferred to the company account to avoid payment, and the contractor will bear all economic and legal consequences.
article 8 handling of creditor's rights and debts: before the end of the project and internal settlement, party b must settle all creditor's rights and debts and write a written guarantee for debt settlement to party a .. If Party B conceals the debt, Party A shall deduct it from the performance bond and project warranty paid by Party B to the constructor. Party B shall be responsible for making up the difference or paying off the debt, and bear all losses caused to Party A as a result.
Article 9 Party A shall deduct RMB 11,111 from the project funds allocated by Party B. After the completion of the project construction, all the contents of the contract will be recognized by all parties, and Party B will return the settlement book and completion materials approved by the construction party and the articles used by Party A without interest.
article 11 financial management: in order to ensure the special use of project funds, the payment shall be handled in strict accordance with the provisions of the company's financial management system, and all materials and equipment contracts signed by the company must be paid off as agreed, otherwise, Party A has the right to deduct the full amount from the project funds allocated by Party B instead of paying. Every time the owner pays the project progress payment, Party A will pay Party B in full after deducting taxes and fees.
article 11 this contract shall come into effect after being signed and sealed by both parties. After the completion acceptance of the project, the final payment of the project has been recovered, and the creditor's rights and debts related to this project have been cleared up. After the warranty period expires, this Contract will automatically become invalid.
article 13 this contract is made in duplicate, with each party holding one copy.
party a (official seal): _ _ _ _ _ _ _ party b (official seal): _ _ _ _ _ _
legal representative (signature): _ _ _ _ _ _ _ _ legal representative (signature): _ _ _ _ _ _ _ _ _.
contractor: (referred to as Party B)
After friendly consultations among all shareholders of the company, it is decided to undertake the internal contract operation of the company's production line, and the related matters are as follows:
Chapter I General Provisions
Article 1 In order to strengthen the management of the enterprise and continuously improve the economic benefits, in accordance with the relevant national laws and regulations and the spirit of relevant meetings of the shareholders' meeting, combined with the actual situation of the enterprise, all shareholders, based on the principle of seeking truth from facts and mutual benefit,
article 2 the contractor shall operate independently, make independent accounting, and be responsible for its own profits and losses, and bear the creditor's rights and debts in the course of operation and the economic, safety and legal responsibilities arising therefrom.
article 3 enterprise financial management: the contractor shall manage itself according to the relevant financial laws and regulations and the principle of being beneficial to the operation, and Party A shall not interfere with it for any reason.
article 4 the contractor shall pay all kinds of taxes and fees on time and in full in accordance with relevant policies and relevant regulations of the departments of industry and commerce, taxation, health and quality supervision, and strictly refer to industry service standards to provide good services.
chapter ii contracting base
article 5 the contractor's annual general contracting fee is RMB 11,111.11 yuan only, and the annual contracting fee will be paid in two installments every year, namely, on June 31th and February 31th. (Note: the contract fee is exempted in the first year, and the annual contract fee is 11,111 yuan from the second year to the second year
Chapter III Contract Term
Article 6 This contract is valid for years, from the date of the month to the date of the month.
Article 7 Upon the expiration of the contract, the contractor may voluntarily renew the contract after paying the contract fee, but the contractor operator must submit an official written intention to renew the contract six months before the expiration. Under the same conditions, enjoy the priority to renew.
chapter iv rights and obligations
article 8 rights and obligations of party a
1. enjoy legal ownership and supervision over the property, facilities, equipment and other assets handed over by the company to the contractor for contract management.
2. supervise the legal operation of the contractor, and shall not interfere with the normal business activities of the contractor.
third, create a good business service environment for the contractor, and ensure the normal supply of water and electricity for the contractor under the condition that the contractor pays the relevant expenses on time.
iv. make efforts to assist the contractor in the external coordination during the contract period.
5. assist the contractor in handling emergencies and major accidents.
VI. The maintenance of its own water supply and drainage system shall be handled by the contractor and bear the corresponding expenses.
article 9 rights and obligations of party b
1. during the contract period, party b shall have the right to use the assets provided by the company and must keep the equipment in good condition, and party b shall be responsible for the normal maintenance costs. If the facilities are naturally damaged due to the expiration of the service life,
3. If the company needs to renovate and update its original workshops and machinery and equipment, and newly-built business premises in its own area, it is necessary to put forward the renovation and new construction plan in advance, which can only be implemented after the approval of the company's shareholders' meeting (if it fails to reply for more than 15 working days, it will be deemed as consent). The bulk purchase of fixed assets (mainly equipment renewal) shall be reported to the company's shareholders' meeting for approval in advance, and the expenses shall be deducted from the contract fee.
iv. according to the market prospect and the development needs of the company, party b can invest and build the product production line with its own funds, and every bottle sold can be used as the income of all shareholders at a commission of RMB. The fixed assets shall be owned by Party B, and shall be produced and operated until the operation period stipulated in the Articles of Association expires.
5. If the intangible and tangible assets of the company are used to engage in financial activities such as mortgage loans, it must be approved by the shareholders' meeting of the company, otherwise the legal and economic responsibilities of the contractor will be investigated.
VI. Standardize customer service, do a good job in customer complaints, and strictly implement the procurement procedures of sanitary cleaning products and food and the quality assurance appraisal system.
7. operate honestly, establish a good corporate image, establish good social relations, and consciously abide by various state regulations on the management of special industries.
VIII. Do a good job in all kinds of safety work during the operation period, especially strictly implement fire control, food, hygiene and safety work, and consciously accept the supervision and inspection of relevant departments. Must bear legal responsibility and economic responsibility alone.
chapter v liability for breach of contract
article 11 any breach of the terms of this contract by either party is a breach of contract, and the observant party has the right to investigate the legal and economic liabilities of the breaching party according to the contract documents and the contract law of the people's Republic of China and the state economy.
Chapter VI Dispute Resolution
Article 11 Any dispute arising during the execution of the contract shall be settled through consultation in a pragmatic manner. If negotiation fails, it shall be submitted to the People's Court of Huanjiang Maonan Autonomous County for final decision.
Chapter VII Supplementary Provisions
Article 12 Matters not covered in this contract may be amended and supplemented separately after negotiation by all parties in accordance with the relevant provisions of the Economic Contract Law of the People's Republic of China. If there is any contradiction between this contract and the newly promulgated national laws and regulations, the national laws and regulations shall prevail.
article 13 this contract is made in quintuplicate, one for each shareholder and one for the board of directors, which shall come into effect after being signed.
party a (official seal): _ _ _ _ _ _ party b (official seal): _ _ _ _ _ _
legal representative (signature): _ _ _ _ _ _ _ legal representative (signature) : _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Chapter I General Provisions
Article 1 During the contract operation, the company shall conduct independent accounting, pay taxes according to law, operate independently, and be responsible for its own profits and losses. The financial and tax channels shall remain unchanged.
Article 2 During the contract operation, the contractor must engage in business activities within the legal business scope of the company (subject to the business license of the company as an enterprise legal person).
chapter ii term, methods and main indicators of contracting
article 3 the term of contracting operation is one year, that is, from August 7, 2111 to August 6, 2111.
article 4 the mode of contracting operation is as follows: the employer will provide the contractor with the right to operate the company within the term of contracting operation, and the contractor will pay the employer RMB 2,111 for this. The payment shall be paid before _ _ _ _.
Chapter III Rights and Obligations of the Contractor
Rights of the Contractor
Article 5 During the contract operation, the agent (limited to one person) appointed by the contractor shall be the legal representative of the company and exercise the functions and powers of the general manager.
article 6 during the contract period, the contractor shall have the right to operate the company independently.
The specific rights are as follows:
1 has the right to appoint deputy general managers and managers of various departments to form the leading body of the Company, and report it to the shareholders' meeting for the record. After the contract expires or the contract is dissolved, the leading body will be dissolved.
2 has the right to decide the organizational setup of the Company, formulate rules and regulations, and employ, remove, reward and punish personnel.
3 have the right to purchase new ones according to actual needs.