Question 1: The contract has come into effect, but the unit price has been reduced. How to write an explanation? 10 minutes. Go to Baidu to see if there is a specific template for "Price Adjustment Instructions". Take one as a reference and add your company in it. The actual situation of the price adjustment is enough;
There is another way, it is just a "explanation", an explanation of a certain matter, so that others can understand it, so it is OK if you write the facts clearly , don’t forget to sign your name when signing, and write “Hereby explains” at the bottom left of the text. In addition, you can indicate the relevant content of the “Contract” in the text. If there is a change, just emphasize the change.
Question 2: How to write a quality assurance agreement Dear customer:
First of all, thank you for choosing to purchase XX company’s products!
In order to ensure product quality, clarify the product quality responsibilities of both buyers and sellers, ensure product quality is qualified, and ensure product safety, the following guarantees are made:
1. In principle, the product quality provided by our company Implemented in accordance with the technical standards specified by the purchaser. When there is no technical standard specified by the buyer, our company will implement it in accordance with the current national standards and provide *** product samples to the buyer. After the buyer agrees, we will provide *** products to the buyer and guarantee the products. Stability and gradual improvement of quality.
2. The supplier shall provide the buyer with a copy of the production license and business license stamped with the official seal of the supplier.
3. The supplier shall provide the buyer with a copy of the product standards stamped with the official seal of the supplier.
4. The supplier ensures that the products * meet legal quality standards and is responsible for product quality. If necessary, it will provide the purchaser with necessary quality information, such as product inspection reports and other relevant information. .
5. The supplier’s product packaging, registered trademarks, etc. comply with relevant national regulations.
6. The purchaser shall store the product strictly according to the storage conditions indicated on the product packaging. The purchaser shall be responsible for product quality problems caused by the purchaser's improper storage and maintenance of the product.
7. When consumers complain about product quality issues, the supplier should actively cooperate and properly resolve the complaint. If it is indeed the supplier's responsibility, the supplier shall bear all responsibilities and expenses.
8. Handling of quality disputes (issues):
The purchaser should inspect the supplier’s products in strict accordance with the established technical standards to ensure the fairness and scientific nature of the inspection. , the remaining samples that fail the inspection should be retained for one week.
Our company will be responsible for any losses caused by use if it is indeed a quality problem with the supplier.
If the product is not used due to the supplier’s production quality problem, it will be resolved through negotiation between the supplier and the buyer (return or price reduction).
9. This product quality guarantee will take effect when the supply contract is signed by both parties and the supply will occur, and will be terminated when the business is terminated.
______________________ Company
_________year____month_____day
Question 3: How to write the price confidentiality clause in the contract? Is the confidentiality agreement fixed? The format is generally templated.
Party A: Domicile: Legal representative:
Party B: Domicile: ID number:
Because Party B is currently providing services and performance for Party A Position, has (or will) know Party A’s business secrets. In order to clarify Party B's confidentiality obligations, effectively protect Party A's business secrets, and prevent the business secrets from being publicly disclosed or leaked in any form, in accordance with the Contract Law of the People's Republic of China and the Labor Law of the People's Republic of China Law of the People's Republic of China and the Anti-Unfair Competition Law of the People's Republic of China, as well as the regulations of relevant ministries and commissions of the State Council and Jiangsu Province. Party A and Party B sign this confidentiality agreement based on the principles of equality, voluntariness, fairness and good faith.
Article 1: Trade secrets
1. Trade secrets as mentioned in this agreement include: technical information, proprietary technology, business information and the information listed in Party A’s “Document Management Measures” All documents are top secret and confidential. Party B shall bear the obligation to keep this trade secret confidential.
The signing of this agreement can be deemed that Party A has taken reasonable confidentiality measures for the company’s business secrets.
2. Technical information refers to technical solutions, manufacturing methods, process flows, computer software, databases, experimental results, technical data, drawings, samples, prototypes, and models related to production and product sales owned or obtained by the Party. , molds, instructions, operating manuals, technical documents, business correspondence involving trade secrets and all other relevant information.
3. Proprietary technology refers to technical knowledge, information, technical data, production processes, production methods, experience, methods or combinations thereof related to production and product sales owned by the party, and has not been disclosed anywhere Other technologies in their complete form that are not protected as industrial property rights.
4. Business information refers to sales and business information such as marketing strategies, supply information, pricing policies, non-public financial information, contracts, transaction counterparty information, customer lists, etc. related to commercial activities.
5. Matters that Party A bears confidentiality obligations to external parties in accordance with legal provisions (such as knowing the business secrets of other counterparties during the contracting process) and in relevant agreements (such as technology contracts) also belong to this Party Trade secrets under confidentiality agreements.
Article 2: Confidentiality Obligor
Party B is the confidentiality obligor referred to in this Agreement. The confidentiality obligor refers to the person who provides relevant services to Party A, knows Party A’s business secrets, and receives remuneration or salary from Party A.
The remuneration or salary paid by Party A to the confidentiality obligor already includes confidentiality fees, and will not be paid repeatedly here.
The confidentiality obligor agrees to do his best for the benefit of Party A’s company and not to organize, participate or plan to organize or participate in any competitive enterprise, or engage in any improper use of the company’s trade secrets during the performance of his duties.
Article 3: Confidentiality Obligations of the Confidentiality Obligor
1. The confidentiality obligor shall strictly keep the company’s business secrets that he knows due to his identity, position, occupation or technical relationship. Warranted against disclosure or use, including accident or negligence. Even this information may even be entirely conceived or obtained by the confidentiality obligor himself as part of his work.
2. During the service relationship, the confidentiality obligor shall not disclose information without authorization for the purpose of competition, for private gain, for the benefit of a third party, or for the purpose of deliberately harming the company. , use trade secrets, manufacture equipment that reproduces trade secrets, or take away objects related to trade secrets; you must not spy on trade secrets that are not related to your job or business; you must not leak them directly or indirectly to unrelated personnel inside or outside the company; Disclose Party A’s business secrets to any third party who does not bear the obligation of confidentiality; shall not allow (lending, donating, leasing, transferring and other acts of disposing of Party A’s business secrets are “permitted”) or assist any third party who does not bear the obligation of confidentiality. The three persons use Party A’s business secrets; they are not allowed to copy or disclose documents or copies of documents containing the company’s business secrets; they should properly treat documents related to the company or the company’s customers that are kept and come into contact with due to their work, and they should not exceed the scope of work without permission. use.
3. If it is discovered that a trade secret has been leaked or a trade secret has been leaked by oneself by mistake, effective measures should be taken to prevent further leakage and reported to Party A in a timely manner.
4. After the service relationship ends, the company’s confidentiality obligor should return the work-related technical information, test equipment, test materials, customer lists, etc. to the company.
5. In view of the fact that the confidentiality obligor obtained or produced during his employment... >>
Question 4: Our company’s quotation is already very low, but the contract was signed Now I'm asking for a price reduction. How should I politely refuse? Urgent! urgent! 10 points Once a contract is signed, it becomes legally binding between the parties. Both parties must perform the contract in accordance with the provisions of the contract, otherwise it will constitute a breach of contract. The question now is: Has the contract between your company and the other party been signed and sealed? If completed, the contract has been established; if there are no other conditions or agreed time limit, the contract is effective from the time of establishment. Effectiveness means fulfillment. The price agreed upon in the contract is also an important part of performance.
The other party’s request for a price reduction is actually a request to change the contract, and changing the content of the contract requires consensus between the two parties. If a change agreement cannot be reached, the original contract shall be performed.
If your company is unwilling to lower the price now, it means that it is unwilling to change the contract, and it should require the other party to perform at the original price. There is no need to politely refuse, but to directly indicate to the other party that failure to perform will constitute a breach of contract, and your company will hold the other party responsible for breach of contract.
Question 5: How to write a purchase and sale contract? Purchase and Sales Contract
1. After friendly negotiation between the two parties, Party A wishes to purchase the products produced by Party B, the quantity, units, and the purchase price. --Yuan. Transportation method: ――――.
2. After Party A confirms that the product is correct, it can remit the purchase price to the bank account or Pacific card designated by Party B. Party B's account opening bank: -------
Account number: ――――
Bank of Communications Pacific Card Number: ―――― ? Cardholder: ――――
Agricultural Bank of China Card Number: ―――― ? Cardholder: ―― ――
3. Party B shall promptly and accurately submit the inspected products to Party A, and comply with its after-sales service commitments to users (see the "Quality Guarantee" for details on this clause). Party A shall promptly Remit the required payment to the account designated by Party B.
4. Party B is responsible for any problems that arise during transportation, and Party A promises not to use the product for illegal piracy activities.
5. This contract shall take effect after being signed and sealed by both parties, with Party A and Party B each holding one copy. (The fax is valid)
6. Party A and Party B shall jointly abide by the smooth implementation of this contract. If any problems arise, they shall be resolved through negotiation first. If the negotiation fails, they may file a lawsuit with the industrial and commercial administration department or the court. The defaulting party shall bear all liability.
7. Matters not covered in this contract shall be subject to relevant national laws.
Party A’s seal and signature: ――――? Party B’s seal and signature: ――――
Signing date: ――――――? Signing date: ――――― ―
Question 6: The agreement between hairdressing and beauty salons not to allow each other to reduce prices. The employee management rules and regulations are formulated by the company in order to create a company that puts the company's interests first and establish a high-quality and high-level team to serve every customer. The following strict management rules and regulations have been established, and we hope that all employees will consciously abide by them! 1. Employees adhere to the spirit of mutual respect and love, concerted efforts, hard work and honesty. Respect your superiors, do not skip the level and make small reports. If you have any correct suggestions or ideas, write a written report and submit it to the superior department, and the company will make a reasonable reply! 2. Obey distribution and management, and must not damage the company's image or reveal company secrets; 3. Employees must not be late for work, leave early, or work as miners; they must not laugh, play, gamble, drink, or sleep to affect the company's image when on duty; 4. Employees must attend the clock in a round-robin manner In accordance with the card system, you are not allowed to grab cards, pick cards, or skip cards; you are not allowed to refuse or pick customers; 5. Employees must complete the bell operation in accordance with technical procedures, and are not allowed to cut corners; 6. Answering private calls at work must not exceed 1 minute, and it is hygienic The regional contract system must be implemented and must be clean and tidy; 7. Carefully listen to the suggestions and complaints of each customer. Those who damage the company's property will be compensated according to the price, and those who steal the company's property will be handed over to the public security department for processing. 8. The company does not enjoy any insurance; 9. , Staff service attitude: 1. Warmly welcome every customer (Hello! Welcome! Please~!).
Provide positive, proactive, enthusiastic and smiling service; 2. Understand the performance of each product and introduce it to customers reasonably; (At work---Sorry! Please wait! Sorry! Walk softly and speak softly) 3. Work Finally---Are you satisfied with this service? Please give us your valuable feedback on our services! Follow orders! Please walk slowly and welcome your next visit! 10. Employee reward and punishment regulations: 1. Full attendance will be rewarded 60 yuan, lateness, early leave, and a penalty of 1 yuan per minute will be deducted; absenteeism will be deducted 120 yuan for one day, leave is not allowed during working hours, and one day's leave will be deducted from the day's salary. Without approval, you will be treated as absenteeism. ; Sick leave must be provided with a hospital certificate, and 30% of the day's salary will be deducted for the first three days, and the day's salary will be deducted every day after that; 2. Outstanding employees will be selected every three months, and a reward of 200 yuan will be awarded; (Conditions: employees must be full-time employees and be among the top performers) Three people, no customer complaints, no rejections;) Customer complaints will cancel the performance of this clock, and a penalty of 30 yuan will be deducted for each rejected customer; 3. A penalty of 5 yuan/time will be deducted for unclean sanitary areas. Those who tidy up will be fined 5 yuan per time; 4. When working, you are not allowed to laugh, play, gamble, drink, or sleep to affect the company's image. Violators will be fined 10 yuan per time; you must not answer private calls for more than 1 minute when working. Violators will be fined 5 yuan/time; 5. Must obey distribution and management, violators will be fined 30 yuan/time; those who use the company's computers privately will be fined 50 yuan/time; 6. Reveal company secrets (original price of products, customer files, wages) (Salary) If found to be true, 60% of the monthly salary will be deducted; 11. Entry conditions: 1. Fill in the employee entry form and follow the entry instructions; 2. Party A and Party B sign a labor contract with a minimum contract period of one year; 3 . During the contract period, the company's rules and regulations must be followed; 4. Employees will not have fixed performance tasks in the first three months after joining, and will complete the performance tasks according to the company's performance tasks after that; 12. Resignation conditions: 1. Employees can resign after the expiration of the contract. If you resign, all wages, training fees and miscellaneous expenses will be returned; if you continue to renew the contract after the expiration of the contract, you will be rewarded with 100 yuan, and 30 yuan of salary will be added to the original basic salary; 2. If you need to leave before the contract period expires, you must leave in advance Submit a resignation report within 3 months and write detailed reasons before resignation. Only salary will be paid after resignation. Training fees and miscellaneous expenses will be deducted as liquidated damages; 3. Those who want to resign within 3 months will only be paid 40% of salary. %, and the remaining part, miscellaneous expenses, and training fees will be deducted as liquidated damages; 13. No salary will be paid to dismissed employees. The dismissal conditions are as follows: 1. Work as a miner 3 times/month in a row; 2. Refusal of customers 5 times/month ; 3. Leaking the company's secrets 3 times/month; 4. Stealing the company's property; 14. Employees shall not disclose the company's business secrets to outsiders within two years after resignation or dismissal. If any adverse consequences are caused to the company, the other party will be responsible , and file a lawsuit with the relevant units! The company's purpose: keen observation and self-innovation, taking fashionable quality, warmth, and trend as its product style, taking credibility, innovation, and perfect management as its concepts, and pursuing beautiful packaging, high quality, reasonable price, high-quality service, and good reputation as its pursuit goals! Employee Management Rules and Regulations 1. Working hours: 08:3...>>
Question 7: After normal bidding, is it illegal to negotiate a price reduction and sign a contract with a reduced price? According to the "Construction Tendering and Bidding Measures for Engineering Construction Projects": 1. "Article 59 The tenderer shall not make any request to the winning bidder to lower the quotation, increase the workload, shorten the construction period, or make other requirements that go against the will of the winning bidder as a notice of winning the bid. " 2. "Article 81 If the tenderee fails to determine the winning bidder within the prescribed time limit, or changes the result of the winning bid after the notice of winning the bid is issued, or fails to sign a contract with the winning bidder without justifiable reasons. Or when signing a contract, the successful bidder proposes additional conditions or changes the substantive content of the contract, the relevant administrative supervision department shall give a warning, order correction, and may be fined not more than 30,000 yuan according to the circumstances; if the successful bidder suffers losses, he shall also compensate for the losses. ..." According to the above provisions, the regulations do not prohibit reasonable changes in the contract price, that is, the contract price can be changed during the negotiation of the construction project contract within the scope of the law.
Question 8: Please tell me how to write a supply cooperation agreement.
(Urgent, urgent, urgent...) Supply Cooperation Agreement (modify it according to your own situation) This agreement is between xx Co., Ltd. and the supplier in accordance with the "Contract Law of the People's Republic of China". The basic principles were jointly established through friendly consultations. The rights and obligations of both parties specified in the terms of this agreement will cover every commodity transaction order signed between xx Co., Ltd. and the supplier in the future. Whether it is an original, a copy or a fax, it shall abide by the terms of this agreement. stipulations of various terms. 1. Party A: xx Co., Ltd. (hereinafter referred to as Party A) Office address: Legal representative: Account opening bank: Account number: Tax ID number: Postal code: E-mail: Telephone: Party B: (hereinafter referred to as Party B) Office address: Legal representative : Account opening bank: Account number: Tax ID: Postal code: E-mail: Telephone: Fax: The office addresses and communication numbers of Party A and Party B listed above are the legal communication addresses of both parties. All relevant business contacts between the two parties shall be sent to: The relevant documents and information shall be obtained from the designated places listed above. 2. Credit certificate: Party B should provide relevant legal documents such as business license, tax registration certificate, registered trademark certificate and legal person authorization letter, as well as special commodity production and sales license. It should also provide its own company profile, product catalog and quotation. 3. Product information 1. Advertisement Party A will use newspapers, samples, pictorials and other advertising media to promote Party B's products. If Party B has requirements for advertising, it should submit the artistic conception, specifications and company emblem of the products supplied to Party A's advertising department. and other materials for Party A’s review and advertising production. Any advertising production must be approved by both parties. 2. Promotional materials If Party B has printed materials for distribution to consumers, they must be provided to Party A at the same time as the goods are supplied, so that they can be distributed in a timely manner. If the promotional materials contain untrue words or have irregular product names or content that conflicts with the law, Party B shall bear full responsibility. 3. Product descriptions and written warning labels. According to relevant legal provisions, Party B’s products should be equipped with instructions and clear warning labels that comply with legal requirements. 4. Commodity quality certificates and inspection standards. When Party B provides commodities to Party A, Party B shall provide corresponding commodity quality inspection standards. The order is international standards, national standards, ministerial standards, industry standards, and enterprise standards, and shall be based on the actual supply when supplying goods. Agree to issue a valid inspection report from the quality inspection department. All products should provide a certificate of conformity (the certificate should indicate the date of production, applicable standard code, inspector) or quality inspection certificate, industry license for the product, etc. If there are no clear quality inspection standards, both parties should seal samples of the goods or use Party B's samples confirmed by Party A as the basis for acceptance. Party A has the right to sample or even inspect all the goods. 5. Product knowledge training In order to effectively provide customers with high-quality services and increase product sales, Party B shall conduct product knowledge training for Party A’s sales staff. The main contents of the training are: (1) Relevant knowledge of product characteristics, performance and applications; (2) Knowledge of the use, installation, maintenance, and repair of products; (3) Product quality assurance, warranty, and replacement content. 6. Commodity trademarks and intellectual property rights: Party B shall provide supporting documents such as trademark rights, brands, patent rights, certificates of origin, customs declaration forms, etc. that it has enjoyed. All legal consequences caused by any counterfeiting and infringement of Party B and any economic losses caused to Party A shall be borne by Party B. 7. Product packaging Except for naked products, the inner packaging of Party B’s products should be clearly identifiable in Chinese with the product name, specification, model, grade, color, as well as the name, address, phone number of the manufacturer, etc. The outer packaging of goods should have corresponding strength, suitable dimensions for handling, and be marked with stacking height and other attention signs. In addition, the product name, specification, model, grade, color and manufacturer name should also be indicated. Packaging materials are generally not recycled. If there are special requirements for recycling packaging materials, a separate "Packaging Materials Recycling Agreement" must be signed as an attachment to this supply cooperation agreement. 8. Environmental protection requirements For products with national environmental protection requirements, Party B shall provide relevant certification materials and production licenses, etc. 4. Supply 1. Display samples In order to promote product sales in shopping malls, Party A is willing to provide shelves and counters in each newly opened supermarket for Party B to display samples. Party B is also willing to provide free samples to each newly opened supermarket of Party A. For display in shopping malls. Party B can provide additional display samples in addition to the supply quantity, but a separate sampling contract is required. Party B can also allow Party A to sample and display the supplied goods. Party A must list the samples when sampling and obtain confirmation from Party B.
2. Product bar code (UPC) Party B should supply Party A’s goods...>>
Question 9: How should the supply contract number be written:
Project name Product purchase and sale contract project name:
Party A (demand side):
Party B (supplier):
Signing date: 200 month day
p>Signing place:
Party A (demanding party):
Party B (supplying party):
In accordance with the "People's Republic of China and the According to the Contract Law of the People's Republic of China and other relevant laws and regulations, following the principles of equality, voluntariness, fairness and good faith, both parties reach consensus on the project and enter into this contract.
1. Project Overview: Product Name: Product Manufacturer and Production Location: Target Name Specifications Model Quantity Unit Price Amount Remarks Total RMB (uppercase) ? RMB Discount rate % Total after discount in RMB
2. Product name, unit price and quantity Note: The delivery date is year, month and day to ensure the continuous supply of Party A’s needs, and the quality deposit is yuan.
3. Quality requirements and technical standards: implement national and industry standards or see technical agreements.
4. Payment method: 1. Payment time: 2. Payment procedure: Party A’s internal payment procedures are followed, and Party A has the right to deduct 5% of the total payment as a warranty deposit; 3. Party B comes to Party A The name and ID number of Party B’s entrusted agent for collecting payment is: . If Party B changes the entrusted agent for payment, Party B must notify Party A in writing and obtain Party A’s written consent.
5. Delivery method and location: Ship to the location designated by Party A, and inspect the products according to the sealed product samples of both parties and the configuration, quantity, and execution quality and technical standards agreed in the product contract. Party B shall submit all technical data of the product at the same time, and both parties will sign the acceptance report. If quality problems and the name, specification, model, material, etc. are found to be inconsistent with the contract, Party B must unconditionally accept Party A's return and bear liability for breach of contract. The confirmation of the sealed sample products by Party A and Party B shall not be regarded as recognition of the quality defects of the concealed products. Acceptance of large equipment: (1) Party B’s technical person in charge will introduce the equipment situation, installation and debugging, standard sample test results, and error analysis; (2) Party A’s acceptance personnel will evaluate and consult on the acceptance process, standard sample test results, and equipment performance; (3) Party A’s acceptance team will write the acceptance conclusion and be signed by both parties.
6. Supply method of random spare parts, accessories, and tools:
7. Liability for breach of contract: If Party B breaches the contract, it will bear the direct and indirect economic losses caused to Party A and assume relevant responsibilities.
8. Dispute resolution: The two parties shall resolve the dispute through negotiation. If the negotiation fails, they may file a lawsuit in accordance with the law to the People's Court of the place where the contract was signed.
9. Others: 1. The product warranty period is one year from the date of delivery and acceptance. Free maintenance during the warranty period (the specific maintenance content and maintenance methods form a maintenance commitment letter as an attachment to the contract), lifetime service , if quality problems occur, we will arrive at the site for processing within 2 hours after receiving a call from Party A. If the product still cannot be used normally after two repairs, Party B is obliged to replace it and bear all costs incurred; if the repair fails In case of timely or non-on-site maintenance, Party A has the right to organize other professionals to perform maintenance, and the cost will be deducted from Party B's warranty deposit at double the actual amount incurred. At the same time, Party B shall still bear the liability for breach of contract subject matter; 2. Changes in the terms of this contract When both parties sign the "Supplementary Agreement", the supplementary agreement has the same legal effect as this contract; 3. Party B's business license, current business address, contact information, qualification certificate, copy of the ID card of the authorized withdrawal agent, maintenance contact person and The contact number, relevant maintenance and service terms outside the warranty period, and the training content for the corresponding equipment must also be stated as an attachment to this contract; 4. This contract is in quadruplicate, with each party holding two copies, and it will take effect from the date of signature and seal of Party A and Party B.
.
Party A (seal): Party B (seal):
Authorized agent: Authorized agent: Address:
Month and day 200
Question 10 :Contract pricing methods Various contract pricing methods
Construction project construction contracts are generally divided into three major types according to the different pricing methods, namely total price contracts, unit price contracts and cost plus fee contracts. Lump-sum contracts include fixed-price contracts and adjustable-value lump-sum contracts; unit-price contracts include estimated unit price contracts and pure unit-price contracts; and cost-plus-remuneration contracts include cost-plus-fixed-percent-remuneration contracts, cost-plus-fixed-amount-remuneration contracts, Cost plus reward and penalty contract, maximum cost plus fixed maximum remuneration contract. Therefore, there are three methods for the contract price in Paragraph 6 of the Special Clauses of Part Three of the "Construction Project Construction Contract" (GF-1999-0201): Contract Price and Payment: Fixed Price Contract, Adjustable Price Contract, and Cost Plus Remuneration Contract The formulation is incorrect. Moreover, this model construction contract text is applicable to projects subject to bill of quantities bidding. However, many clauses in this model construction contract text are not applicable to projects where the construction unit is selected through direct contracting and construction drawing bidding. Some comrades think that the "Construction Project Construction Contract" (GF-1999-0201) can manage all projects, so that they only need to fill it in. This is obviously a misunderstanding of the contract. There are many forms of contract pricing. They are diverse and cannot be controlled by a model text. Contract management is a major event that requires much greater energy from all parties, from ***, qualified intermediaries to contracting. Therefore, it is important for all parties in the construction market to understand the various types of contracts. Pricing methods, advantages and disadvantages and timing of use are very necessary. Next, we briefly introduce various pricing methods.
1. Total Price Contract
The so-called lump sum contract means that the payment to the contractor is a specified amount in the contract, that is, the total price. The main features of a lump sum contract are: first, the price is determined based on all tasks determined to be performed by the contractor and based on the total price proposed by the contractor in the bid quotation; second, the nature and quantity of the project to be implemented should be clearly agreed in advance. Lump-sum contracts can be divided into two forms: fixed-price contracts and adjustable-price lump-sum contracts. The price calculation of a fixed-price contract is based on drawings, regulations and specifications. The contracting and contracting parties negotiate a fixed total price for the construction project, which is fixed by the contractor and cannot be changed. With this kind of contract, the total contract price can only be changed if the design and project scope are changed. Otherwise, the total contract price cannot be changed. Therefore, the drawings, regulations, and specifications used as the basis for calculating the contract price should provide a detailed description of the project. Generally, during the construction drawing design stage, the detailed construction drawings have been completed. With a fixed-price contract, the contractor must bear the risk of losses caused by the physical project quantity, project unit price, geological conditions, climate and all other objective factors. During the execution of the contract, neither party to the contract may make any request for an adjustment in the total contract price due to changes in project quantities, equipment, material prices, wages, etc., or for reasons such as poor geological conditions or bad weather. Therefore, the contractor must provide All cost escalations are estimated and included in the bid price. Therefore, this form of contract is suitable for engineering projects with a short construction period (generally no more than one year) and very clear requirements for the final product. This requires that the connotation of the project be clear, the project design drawings are complete, and the project work scope and The calculation basis of engineering quantities is accurate.
The total price of an adjustable-value total price contract is generally calculated based on drawings, regulations, and specifications, but it is calculated based on the current price, which is a relatively fixed price. During the execution of the contract, the cost of labor and materials used increases due to inflation, so the total contract price is adjusted accordingly, that is, the total contract price remains unchanged, but the adjustment clause is added. Therefore, it can be said that lump-sum contracts clearly list the specific terms related to value adjustment, which are often listed in the special instructions of the contract. Adjustment work must be carried out in accordance with these specific adjustment terms. This type of contract is different from a fixed-price contract in that it allocates the risks that arise during the implementation of the contract. The contractor bears the risk of inflation, an unpredictable cost factor, while the contractor only bears the cost of the physical work during implementation. and construction period and other factors.
Adjustable value lump sum contracts are suitable for projects with clearly defined project content and technical and economic indicators. Since the value adjustment clauses are listed in the contract, this contract form is more suitable for projects with a construction period of more than one year.
2. Unit price contract
When the construction drawings are incomplete or when the project is ready to be contracted...>>