武汉市商品房买卖合同英文版

1、COMMERCIAL HOUSING SALES CONTRACTSupervised by Wuhan Municipal Office of the City Comprehensive Development and Management and Wuhan Municipal Administrative Bureau for Industry and CommerceCOMMERCIAL HOUSING SALES CONTRACT(Contract No.: H081400670)Contractual Parties: Seller: HONGRONG PROPERTY DEVE

2、LOPMENT CO., LTD., WUHAN CITYRegistered Address: 727 LUYU ROAD, HONGSHAN DistrictBusiness License Number: 4201002170732Company Qualification Certificate Number: WKGNZ No. 2065Legal Representative: ZHU YANJUNTel: 87585988, 87585688Zip Code: 430073Authorized Deputy: TIAN FENGBOAddress: Zip Code: Tel:A

3、uthorized Agency:Registered Address: Business License Number: Legal Representative: Tel: Zip Code: Purchaser: ZHANG WEIName: ZHANG WEIAdd: 334-14 SHANGGANG ROAD, HUANGSHIGANG DISTRICT, HUANGSHI CITY, HUBEI PROVINCENationality: ChinaGender: MaleDate of Birth: April 10, 1976ID No. Zip Code: Tel: Autho

4、rized Deputy: Name:Nationality: Add: Zip Code: Tel:Authorized Agency:Registered Address: Business License Number: Legal Representative: Tel: Zip Code:In accordance with Contract Law of the Peoples Republic of China and Urban Real Estate Administrative Law of the Peoples Republic of China and provisi

5、ons of other related laws and policies, through friendly negotiation, both Seller and Purchaser hereby agree as follows:Article 1 Basis for project constructionThe Seller acquired right to use lands numbered WXGY(2002)No. 045 and located in XIAMAZHUANG, DONGHU Development Zone by means of transfer.

6、The Land is 68600.2 m2 and is planned for residence community from December 16, 2002 to May 10, 2072.The Seller has been approved and built such Commercial Housing on abovementioned land named BAOLI HUADU (Phase I). Relevant official documents of this Project are following:1. Certificate for the Use

7、 of State-owned Land Issued by Bureau of Land Resources and Housing Management of Wuhan City No.: WXGY(2002)No. 0452. Planning Permit of Construction EngineeringIssued by Land & Resources Administration Bureau of Wuhan CityNo.: 20071113. Construction Permit of the ProjectIssued by Bureau of Cons

8、truction and Management of DONGHU High and New Technology Industrial Development Zone of Wuhan CityNo.: Article 2 Basis for sales of commercial housingThe Commercial Housing purchased by the Purchaser is Commercial Housing for Delivery. 1. The Commercial Housing as Completed Housing has been recorde

9、d by Office of City Comprehensive Development & Management of Wuhan City on .2. The Commercial Housing as Commercial Housing for Delivery has been acquired the License for Advance Sale of Commercial Houses issued by Office of City Comprehensive Development & Management of Wuhan City, the Per

10、mit Number: WKGYS(2007)No. 338.Article 3 Details on Commercial Housing purchased The Commercial Housing purchased by the Purchaser is Room 03, Floor 15, Unit 2, Building 9 under Article 1: The Commercial Housing is built in frame-shear structure; the building includes 18 aboveground floors, belowgro

11、und floors. The Commercial Housing is built for dwelling; floor height is 2.9m. A house includes two bedrooms, two living rooms, one kitchen, two washrooms and two open-type balconies (see Exhibit 1).Construction area of the Commercial Housing as agreed in the Stipulation of Contract is 85.74m2 incl

12、uding in-flat construction area of 68.82m2 and apportioned area for public facility and shared house totaling 16.92m2, (apportioned area for public facilities and shared house is detailed in Exhibit 2).If there is no special agreement, the Commercial Housing shall be in conformity with related natio

13、nal mandatory standards on building materials, design, fire protection, water supply and drainage, sound insulation, lighting, energy conservation, garage etc.Article 4 Details on the Project of Commercial Housing purchased1. The forestation rate: 35%; the area of the roads: 8200m2, the area of prop

14、erty management house: 300m2, the area of community residents committee house: 100m2;2. The area of car park: 2550 m2;3. The area of club: ;4. .Article 5 Pricing and PricesThis Commercial Housing doesnt belong to Government Pricing Commercial Housing.The Seller and the Purchaser hereby agree that th

15、is Commercial Housing shall be priced in Mode 1 specified below:1. Unit price of such Commercial Housing based on construction area is 6402.71 RMB/m2 and total price is RMB Five hundred forty-eight thousand nine hundred and sixty-eight in words.2. Unit price for the commercial housing based on suit-

16、in construction area is RMB/m2 and total amount is RMB .3. Total price for the commercial housing based on suit (unit is RMB) in words.4. The Seller cant charge any fees except purchasing money of the Commercial Houseing to PurchaserArticle 6 Payment and TermPurchaser shall conclude the payment on t

17、ime as per Item 1 specified as follows: 1. Lump sum 2. Installment3. Loan4. EtceterasThe agreement of Payment and Term is detailed in Exhibit 6.Article 7 Liability by Purchaser for Overdue PaymentThe case in which Purchaser does not conclude the payment as agreed herein shall be subject to Item 1 sp

18、ecified as follows:1. Different handling based on different overdue time (without accumulation)(1) In case of 15 days overdue, Purchaser shall pay 0.3 of overdue payment to Seller as penalty on daily basis since the second date of the time limit payment payable agreed herein to the very date of sum

19、paid in and the Contract shall continue its effects.(2) Seller shall be entitled to cancel the Contract in case of 15 days of overdue. In case of canceling by Seller, Purchaser shall pay 5% of accumulated payment payable to Seller as penalty. The Contract shall continue its effects and Purchaser sha

20、ll pay 0.5 (the ratio shall not be less than that specified in (1) of overdue payment to Seller as penalty on daily basis since the second date of time limit of payment payable agreed herein to the very date of sum paid in case Purchaser is willing to continue to perform the Contract which has been

21、agreed by Seller.Overdue payment hereof refers to the margin between due payment and sum paid in at the stage as specified in Article 6 hereof; in case of installment, it shall be subject to the margin between respective installment and the sum paid in at that stage.2. Article 8 Area Verification an

22、d Area Error SettlementAccording to pricing mode determined by parties concerned, this Article will bring forward area verification and area discrepancy settlement on the basis of construction area/in-flat construction area (referred to as area under this Article).This article is not available for p

23、arties concerned who price on the basis of unit.Discrepancy between contracted area and registered area of property right shall be subject to the latter. In case of discrepancy between contracted area and registered area of property right after delivery of commercial housing, both parties agree to g

24、et it settled according to Mode 1 specified herein.1. Both parties agree settlement shall be subject to following principles:(1) Housing payment shall be settled as agreed previously in case absolute value of error ratio of area is in 3% (including 3%).(2) Purchaser is entitled to return the housing

25、 hereof in case absolute value of error ratio of area exceeds 3%. Seller shall return sum paid in by Purchaser within 30 days from the date of housing returning and pay interest based on the rate for current bank deposit published by the People's Bank of China in case Purchaser returns the housi

26、ng. In case that Purchaser doesnt return the housing, housing payment for the part within 3% (including 3%) in terms of area error ration shall be undertaken by Purchaser when registered area of property right is larger than that agreed herein while those for the part exceeding 3% shall be undertake

27、n by Seller and property right shall belong to Purchaser. In case registered area of property right is smaller than that agreed herein housing payment for the part within 3% (including 3%) in terms of area error ration shall be returned by Seller to Purchaser while those for the Party Absolute value

28、 of which exceeds 3% shall be double-refunded by Seller to Purchaser. Ratio of area error = Registered area of property right - Contracted area ×100%Contracted areaComplement agreement shall be concluded in case area discrepancy occurs out of design and neither party cancels the Contract. 2. Th

29、e unit rate per m2 is unchanged and the total payment shall be made on the basis of registered area on the property right certification. 3. Upon handover of such commodity house, in case that the error ratio between shared floor area of public place and common premise registered in property right ce

30、rtification and agreed area under this Contract exceeds %, both Parties hereby agree to deal with such matter by the following _method. Article 9 Delivery time limit and requirementsSeller shall deliver the commercial housing in conformity with agreement herein to Purchaser for use by August 28, 200

31、9.1. completion of special check and acceptance of layout, unit work quality, fire protection, civil air defense construction, gas supply and so on; 2. completion of ancillary facility for public use, municipal utility and landscaping in conformity with design specification and service function requ

32、irements; 公共配套设施、市政公用设施及园林绿化工程按设计要求建成，并满足使用功能要求；3. Water supply and drainage as well as power supply facilities have been completed in conformity with design specification and normal conditions of service have been met as confirmed by competent industrial authorities. 4. 完成商品房项目竣工交付使用相关手续；All proced

33、ures concerning completion, delivery and service of commodity house have been handled. 5.供电：一户安装电表一块； Power Supply: one electricity meter for each flat; 6. 给水：一户安装水表一块；Water Supply: one water gauge for each flat. 7. 买受人同意出卖人向其提交建设工程质量管理机构或建设工程质量监督机构颁发的该商品房所在建筑单位竣工验收备案手续，即表明该房屋符合第1-6项约定，符合交房条件；the Bu

34、yer agrees on that the Sellers presentation of completion and acceptance registration certification issued by Construction Project Quality Administration or Construction Quality Supervision Authority for such commodity house means such house has been in conformity with abovementioned paragraph 16 an

35、d has met the condition for handover. 8. 9. 10. 因不可抗力或或者买卖双方在合同中约定的其它原因，需延期交付使用的，出卖人应当在发生之日起30日内书面告知买受人。In case of delay in delivery for force majeure or for any other reason as agreed in this Contract by both Parties, the Seller should notify the Buyer in writing within 30 days of the happenings. A

36、rticle 10 Liability by Seller for Overdue PaymentFailure by Seller to deliver the commercial housing as agreed herein to Purchaser for use shall be subject to Item 1 as follows:1. Different handling based on different overdue time (without accumulation)(1) In case of less than 60 days overdue, Selle

37、r shall pay 0.3 of sum paid in for housing to Purchaser as penalty on daily basis since the second date of the final delivery date specified in Article 8 herein to the very date of delivery and the Contract shall continue its effects.(2) In case of over 30 days overdue, Purchaser shall be entitled t

38、o cancel the Contract. In case Purchaser cancels the Contract, Seller shall return sum paid in within 30 days as of notice from Purchaser on cancellation and pay 5% of accumulated sum paid in against Purchaser as penalty. The Contract shall continue its effects in case Purchaser requires continuity

39、of the Contract and Seller shall pay 0.5 of sum paid in for the housing (the ratio shall not be less than that specified in (1) to Purchaser as penalty since the second date of the final delivery date specified in Article 8 herein to the very date of delivery.2. Article 11 Delivery 商品房达到本合同第九条约定的交付使

40、用条件后，出卖人应当将办理交接手续的时间、地点以及应当携带的证件等内容书面通知买受人。双方进行验收交接时，出卖人应当出示本合同第九条规定的证明文件，并签署房屋交接单。所购商品房为住宅的，出卖人还需提供 质量保证书和住宅使用说明书。出卖人不出示证明文件或出示证明文件不齐全，买受人有权拒绝交接，由此产生的延期交房责任由出卖人承担。When the commodity house has met the condition for delivery as agreed in Article 9 herein, the Seller shall notify in writing the Buyer

41、of the time and place of handover as well as all certifications to be carried with him/her. In case of handover of acceptance certification, the Seller shall present all documentations specified in Article 9 herein and sign the delivery receipt. If the commodity house purchased is for residence purp

42、ose, the Seller is also required to submit Quality Warranty and Instruction for Residence Use, if the Seller failed to do so or his/her submission was all in readiness, the Buyer should have the right to reject such delivery and all liabilities arising from delay in delivery in that case shall be as

43、sumed by the Seller. 出卖人不得将买受人交纳有关税费（含物业服务费）作为交接该商品房的条件。本合同另有约定的除外。The Seller shall take the Buyers payment of related taxes or fees (including property service charge) as condition for delivering such commodity house, unless otherwise specified herein. 由于买受人原因，未能按期交付的，双方同意按以下方式处理：买受人承诺，该商品房达到本合同第九条

44、约定的交付条件后，买受人应按收楼通知书上的交付日期办理验收交接手续，从收楼通知书上的交房之日起，视为该商品房已经交付，该商品房一切风险责任由买受人承担。如买受人逾期办理验收交接手续的，则每逾期一日，由买受人按房屋总价的万分之二向出卖人支付滞纳金，同时买受人还承诺如逾期未办理验收手续的，则该商品房质量保修期和缴纳物业管理费的时间均自收楼通知书上的交房之日起计算。In case of failure in delivery on schedule for the reason of the Buyer, both Parties hereby agree to deal with such mat

45、ter as follows: the Buyer undertakes to go through the formalities of acceptance and delivery on the date specified in the House Reception Notice once the commodity house has met the condition of delivery specified in Article 9 herein, and the premise shall be deemed delivered already as of the date

46、 of delivery specified in Reception Notice, and all risks incurred shall be covered by the Buyer. If the Buyer failed to handle the formalities of acceptance and handover, he/she should pay 0.2 of the total contract price as overdue penalty to the Seller per day overdue, in addition, he/she shall ag

47、ree on that in case of failure to handle the acceptance and handover formalities on schedule the warranty period and the time for charging property management fee shall commence from the very date of handover as specified in the House Reception Notice.Article 12 Agreement on Planning and Design Alte

48、rations Seller shall inform Purchaser in written form of planning alterations approved by planning authorities and design alterations approved by designers that have impacts on quality or functions of commercial housing to be purchased by Purchaser within 10 days from the date of approval by authori

49、ties concerned.Purchaser shall be entitled to make a written reply about whether return or not within 15 days from the date of notice arrival. That Purchaser does not offer written reply within 15 days from the date of notice arrival shall be regarded as accepting alterations to be made. Purchaser s

50、hall be entitled to return the housing in case Seller does not notify Purchaser within time limit specified herein. Seller shall refund what is paid by Purchaser within 30 days as of application by Purchaser and pay interest based on the rate for current bank deposit published by the People's Ba

51、nk of China to Purchaser in case that Purchaser withdraws such housing. Additional complementary agreement shall be concluded with Seller in case Purchaser fails to do so. Article 13 Seller shall guarantee commercial housing sold is free from disputes in property rights or creditor's rights. Sel

52、ler shall be responsible for failure in property right registration of the commercial housing or disputes concerning creditors rights of the commercial housing due to Sellers reasons.Article 14 Liability of seller for breach of commitment on specification of decoration and equipmentDecoration and eq

53、uipment standards of commercial housing delivered by Seller shall comply with what is mutually agreed (Exhibit IV). Purchaser shall be entitled to requiring Seller to follow 2 described below for settlement in case of inconformity. 1. the Seller shall compensate double price difference for decoratio

54、n and equipment, 装饰、设备差价以工程造价管理部门核定的为准。which shall be checked and verified by the Engineering Cost Management.2. 不影响该房屋的交付，但出卖人应当补足装饰、设备差价，该差价以工程造价管理部门核定的为准，或有出卖人承担修复责任。The delivery of such house shall not be affected but the Seller shall make for the loss arising from the price difference of decora

55、tion and equipment, which shall be checked and verified by the Engineering Cost Management, or the Seller is caused to assume the liability of rehabilitation. 3. Article 15 Agreement on Property Right RegistrationSeller shall report data to be presented by Seller for property right registration to p

56、roperty right registration organ for recording within 90 days from the date of delivery of commercial housing, and failure by Purchaser to obtain property right certificate within time limit as specified due to Sellers reason shall be subject to 1 or 2 below mutually agreed as follows:1. Seller shall return sum paid in for housing by Purchaser within 60 days from the date when Purchaser bri