Contract No.:
Seedling transplantation and planting project contract
Project Name:
Project Location:
Contractor:
Contractor:
Place of Signing:
Signing time:
Contract No.:
Place of Signing:
Signing time:
Seedling transplantation and planting project contract
(Applicable to outsourcing of seedling procurement and transplanting)
First Party:
Party B:
In accordance with the Contract Law of the People's Republic of China and relevant laws and regulations, Party A and Party B have reached the following agreement on matters related to Party A's purchase of seedlings and their cultivation projects (hereinafter referred to as the project) from Party B on the basis of equality, voluntariness and consensus:
Article 1 Project Overview
1.1 Project Name:
1.2 Project content: Party B is responsible for the supply, planting, scaffolding, post-planting maintenance, etc. of the agreed number and type of seedlings (see Annex 1: Seedling transplantation and planting list for details), and ensure that all the seedlings agreed in this contract survive.
1.3 Project Location:
Article 2 Project quality standards
2.1 The survival rate of seedlings conforms to the current "Code for Construction and Acceptance of Urban Greening Engineering".
2.2 Party B guarantees that all the seedlings provided are green branches, with a purity of more than 95%, and Party B provides Party A with technology free of charge, guarantees the variety, and guarantees survival. If there are no seedlings or dead seedlings, Party B will provide Party A with corresponding seedlings for replanting free of charge.
2.3 Other standards and specifications agreed by Party A and Party B:
Article 3 The duration of the project
3.1 The total duration of this transplanting project is calendar days.
3.2 Commencement date______ ___ ___ of the year. If Party A adjusts the seedling supply date according to its needs, the start date shall be subject to Party A's notice.
3.3 Completion Date YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY Party B will plant and cultivate all the seedlings agreed in this contract in accordance with the location agreed by Party A and pass the acceptance of Party A.
Article 4 The price of the project
4.1 The total price of the project is tentatively set at RMB (capitalized): RMB. (¥ RMB). After Party B completes the work content according to the requirements of the contract, the final settlement shall be based on the unit price agreed in Annex 1 of this contract and the actual number or area of seedlings planted by Party B confirmed by Party A. If necessary, Party A has the right to adjust the number of various types of seedlings cultivated in this contract, and Party B shall comply with it.
4.2 The unit price of the product agreed in Annex 1 of this contract has included all the expenses of Party B to fulfill all the obligations of this contract, such as the purchase fee, seedling raising fee, transportation and handling fee, planting fee, scaffolding fee, seedling maintenance in place and before completion and acceptance, training fee, labor cost, profit, tax, etc. The unit price is a one-time lump sum price and is fixed. Except as otherwise provided in this contract, Party B shall not require Party A to pay any fees.
Article 5 Maintenance period
5.1 The maintenance period of seedlings is years (months), which shall be calculated from the date when all seedlings are planted and cultivated and accepted by Party A and the supervisor.
5.2 During the maintenance period, Party B shall dispatch a staff member to Party A every week to water, prune, soil, support, insecticide and other maintenance work for all seedlings, and Party B must ensure that the survival rate of all seedlings cultivated reaches more than 95% (including 95%).
5.3 If the survival rate of more than 95% is not reached after the expiration of the maintenance period, Party A has the right to require Party B to replant the dead or dying seedlings within the time specified by Party A according to the standards of similar seedlings agreed in this contract. Party B promises to keep the seedlings alive within two years from the date of replanting, if Party B refuses to replant, Party A has the right to entrust others to purchase and replant, and Party A has the right to directly deduct the loss caused by this from the price payable to Party B, and Party B shall make up for the shortfall.
Article 6 Party A's Rights and Obligations
6.1 Party A shall provide Party B with water and power supply during the planting and maintenance period, and the expenses incurred shall be paid by Party B, and Party A shall have the right to directly deduct the amount payable to Party B.
6.2 Party A shall disclose the safety and rules and regulations of Party B's construction personnel.
6.3 Party A has the right to supervise and guide all the work of Party B during the supply, planting or maintenance period, and if there is any objection, Party B shall rectify it in accordance with Party A's requirements.
6.4 Party A shall examine and approve Party B's construction technical plan in a timely manner, sign the construction and engineering visa in a timely manner, and organize the project acceptance in a timely manner after receiving Party B's completion acceptance notice.
6.5 Party A shall pay the project payment to Party B on time.
Article 7 Party B's Rights and Obligations
7.1 Party B shall carefully inspect the project site and confirm that the site has met the conditions for cultivating all seedlings, and ensure that all seedlings can survive within the period agreed in this contract.
7.2 Party B shall, at the same time of each supply, issue Party A with all kinds of seedling origin certificates, detailed seedling cultivation and maintenance instructions and other seedling-related information, otherwise Party A has the right to refuse to accept the goods, and Party B shall bear the responsibility for overdue delivery caused by this. If Party A agrees to receive the goods, it does not exempt Party B from the obligation to submit the above documents and materials.
7.3 During the seedling planting period, Party B is responsible for the custody of the seedlings, and Party B shall be responsible for the damage or death of the seedlings due to the reasons for storage.
7.4 Before the expiration of the maintenance period of this contract, Party B shall be responsible for any damage or loss of seedlings or pests and diseases.
7.5 Party B is responsible for the management of its relevant personnel working in Party A, and ensures the personal and property safety of the above-mentioned personnel. Party B's personnel shall be responsible for and bear the expenses of Party B's personnel at Party A's own expense, and Party A has nothing to do with it.
7.6 Party B shall send personnel to provide Party A with free technical training on the cultivation, maintenance, pruning, insect control and other technical training of various seedlings during the maintenance period agreed in this contract, and provide free guidance materials on seedling and tree protection, so as to ensure that Party A's personnel can independently master the maintenance skills of seedlings. All expenses such as accommodation, training and other expenses of Party B's personnel are included in the total price of this contract, and Party A does not need to pay separately.
7.7 During the cultivation and survival of the seedlings, Party B shall bear the costs of soil maintenance, chemical fertilizers, pesticides and other expenses required for the maintenance of the seedlings.
7.8 Party B shall strictly abide by the relevant rules and regulations of Party A and cooperate with Party A's cultural relics protection work.
7.9 Party B shall strictly implement the management regulations of Party A and Party A's property company, ensure that the environment of the construction site is clean and tidy, shall not disturb life and pollute the environment, and clean up the site after each construction is completed.
Article 8 project acceptance
8.1 Before the acceptance of the project, the contractor shall clear the data, the final work, the materials and the ground, and ensure that the site of the project is clean.
8.2 Acceptance criteria: meet the quality standards agreed in this contract and the following standards:
A. The survival rate of trees and shrubs should reach 95%, and the survival of precious tree species and solitary trees should be guaranteed;
B. The flower planting area should be free of weeds, no yellow, lush growth, and the planting survival rate should reach 95%;
C. The lawn should be free of weeds, yellow, diseases and pests, and the coverage rate should reach 95%;
D. The green space is neat and tidy, and the surface is smooth;
E. The shaping and pruning of plant materials should meet the design requirements.
F. Other:
8.3 Party A's acceptance representative:
8.4 Initial inspection: After the seedlings are transported to the place designated by Party A, Party A and the supervisor shall conduct a preliminary inspection of the seedlings according to the standards agreed in this contract, and the initial inspection shall be used as the basis for payment after being signed and confirmed by the representative of Party A; If the initial inspection is unqualified, Party A has the right to refuse to accept the goods and require Party B to replace them.
8.5 Planting: After all the seedlings are planted and cultivated, Party B submits a complete seedling file to Party A, and Party A and the supervisor organize the acceptance in accordance with the project quality standards agreed in this contract, and the acceptance is qualified and signed and confirmed by the representative of Party A as the basis for payment. If the acceptance is unqualified, Party A has the right to refuse the acceptance and request rectification, so that if the completion is overdue, Party B shall bear the responsibility for the overdue completion.
Article 9 Payment of the project price
9.1 Timing and Amount of Payment
Payment Order | Payment Ratio (%) | Payment Amount (RMB) | Payment terms |
For the first time | Within working days from the date of signing the contract | ||
second | Within working days after the seedlings enter the field | ||
The third time | After the completion acceptance and signing of the delivery acceptance certificate within business days | ||
Fourth | Within months after the expiration of the curing period | ||
Note: Party B provides a formal tax invoice as a prerequisite for Party A's payment |
9.2 Payment Methods:
Article 10 Liability for breach of contract
10.1 Party A shall pay Party B the project price in accordance with the time and proportion agreed in the contract. If Party A is overdue in payment, it shall pay liquidated damages to Party B according to the bank loan interest rate of the overdue amount in the same period.
10.2 If the name, specification, variety grade or quality of the seedlings provided by Party B are inconsistent with the provisions of this contract, Party A has the right to require Party B to re-provide the seedlings according to the standards agreed in the contract within 3 days after the notice, and if Party B is overdue or refuses to provide the seedlings for 5 days or still does not meet the agreement after re-provisioning, Party A has the right to terminate the contract, and Party B shall pay liquidated damages to Party A according to 20% of the contract price, and compensate for the relevant economic losses caused to Party A.
10.3 If Party B fails to complete the supply or planting and cultivation tasks on time, Party A shall pay liquidated damages at 5‰ of the total contract price for each overdue day. If the contract is overdue for 5 days, Party A has the right to terminate the contract, and Party B shall pay liquidated damages to Party A according to 20% of the contract price and compensate for the relevant economic losses caused to Party A.
10.4 If Party B fails to perform the maintenance obligation agreed in the contract or the performance of the obligation does not conform to the agreement, Party B shall rectify the situation in accordance with Party A's requirements and pay Party A liquidated damages equal to 20% of the total contract price, and Party A has the right to hire others to maintain the seedlings, and Party A has the right to deduct double the cost of the expenses payable to Party B.
10.5 If Party B violates other obligations of this contract, Party A shall have the right to terminate this contract and Party B shall bear 20% of the total price of this contract for liquidated damages.
Article 11 Force Majeure
In the event that this contract cannot be performed or cannot be fully performed due to force majeure, the party encountering the force majeure event shall immediately notify the other party of the contract in writing, and shall provide the other party with relevant supporting documents within 15 days after the occurrence of the force majeure event. The parties to the contract shall decide whether to change or terminate the contract through negotiation according to the degree of impact of the event on the performance of the contract. If the party suffering from force majeure fails to perform the above obligations, it cannot be exempted from liability for breach of contract.
Article 12 Dispute Resolution
If any dispute arises between Party A and Party B due to this contract, it may be resolved through negotiation between the two parties, and if the negotiation fails, it shall be resolved in the following ways:
A. Submit to the jurisdiction of the people's court;
B. Submit to the Arbitration Commission for arbitration.
Article 13 Validity of the contract and others
13.1 Before signing the contract, Party A has informed Party B of Party A's management system and Party A's safety management system. (See Appendix 2 for details: "Letter of Commitment for Construction of the Project")
13.2 For matters not covered in this contract, the parties may enter into a supplementary agreement.
13.3 The annexes and supplementary agreements to the contract are an integral part of the contract and have the same legal effect as this contract. If there is any inconsistency between the attachment and this article, this article shall prevail; In the event of any inconsistency between the Supplemental Agreement and this herein, the Supplemental Agreement shall prevail.
13.4 This contract shall come into force after being signed and sealed by both parties, and the contract shall be executed in duplicate by Party A and Party B.
(No text below)
(This page is the signature page)
Party A (official seal of the legal person) | Party B (official seal of the legal person) |
Address: Legal Representative: Authorized Representatives: Phone: Bank: Account: Tax ID: Date: YYYYYYYYYYYYYYYYYYYYY | Address: Legal Representative: Authorized Representatives: Phone: Bank: Account: Tax ID: Date: YYYYYYYYYYYYYYYYYYYYY |
Appendix 1:
List of transplanted and planted seedlings
serial number | name | Height (H) | unit | quantity | Unit Price (RMB) | Subtotal (RMB) |
1 | ||||||
2 | ||||||
3 | ||||||
4 | ||||||
5 | ||||||
6 | ||||||
7 | ||||||
8 | ||||||
9 | ||||||
10 | ||||||
11 | ||||||
12 | ||||||
13 | ||||||
14 | ||||||
15 | ||||||
16 | ||||||
17 | ||||||
18 | ||||||
19 | ||||||
20 | ||||||
Total price |
Appendix 2:
Letter of commitment for construction management of the project
:
We have carefully read and approved all the contents of the contract, and make the following commitments:
1. We have read and agree to abide by Party A's project management system and safety management system, as follows:
1. Project management system
1.1
1.2
1.3
2. Safety management system
1.1
1.2
1.3
2. We acknowledge this undertaking as an integral part of the contract.
Contractor of the construction unit:
Year, Month, Day
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