1. The entrusting party entrusts the consultant to provide construction project cost consulting services for the following projects:
1. Project name: ××
2. Service category: ××
2. The wording and terms of this contract are synonymous with the conditions of the construction project cost consultation contract and related annexes.
Three. The following documents are an integral part of this contract:
1. Format clause of construction project cost consultation contract.
2. Supplementary and modified documents signed by * * * during the execution of the construction project cost consultation contract.
Four. The consultant agrees to undertake the construction project cost consulting business within the scope agreed in the special terms and conditions of this contract in accordance with the provisions of this contract.
Verb (abbreviation of verb) The Client agrees to pay remuneration to the Consultant according to the time limit, method, currency and amount stipulated in this contract.
The construction project cost consulting business of this contract shall be implemented from ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
Seven. This contract is made in quadruplicate, with the same legal effect, and each party holds two copies.
Client: (Seal) Consultant: (Seal)
Legal representative: (signature) Legal representative: (signature)
Authorized Agent: (signature) Authorized Agent: (signature)
Domicile: domicile:
Bank of deposit: Bank of deposit:
Account number: Account number:
Postal code:
Tel: Tel:
Fax: Fax:
Email: Email:
Year * month * day * year * month * day
Appendix 1 sets the standard conditions of the project cost consultation contract.
Article 1 Definition of words
Unless otherwise stated in the context, the following terms and expressions have the following meanings.
1. "Client" refers to the party that entrusts the construction project cost consulting business and employs the project cost consulting unit and its legal successor.
2 "Consultant" refers to the party who undertakes the construction project cost consulting business and the responsibility of project cost consulting and its legal successor.
3. The "third party" refers to all parties related to this consulting business except the client and the consultant.
4. "Day" refers to the time period from 0: 00 on any day to 0: 00 on the next day.
Article 2 Applicable law
The construction project cost consultation contract shall be governed by the laws and regulations of China, as well as the departmental regulations agreed in the special terms, the relevant valuation methods and regulations of the project cost or the local regulations of the project location.
Article 3 Applicable Language
Chinese is the dominant language in the writing, interpretation and explanation of the construction project cost consultation contract. If different languages have different interpretations, the Chinese contract text shall prevail.
Article 4 Obligations of Consultants
1. Provide the client with information related to the engineering cost consulting business, including the qualification certificate of engineering cost consulting, the list of professionals undertaking the contract business, the consulting work plan, etc. And carry out consulting business according to the scope agreed in the special terms and conditions of the contract.
2. During the performance of this contract, the services provided by the Consultant to the Client include normal services, additional services and extra services. "Normal service" refers to the project cost consultation work agreed by both parties in the special terms; "Additional services" refers to the additional services determined by the written agreement of both parties in addition to the "normal services"; "Extra service" refers to the extra workload that should be increased by the consultant according to the standard conditions of the contract.
3. During the performance of the contract or within the time limit stipulated in the contract, confidential information related to the commercial activities stipulated in this contract shall not be disclosed.
Article 5 Obligations of the Client
1. The entrusting party is responsible for the coordination of the third party related to the cost consulting business of this construction project, and provides external conditions for the consultant's work.
2. The client shall provide the consultant with information related to the consulting business of this project free of charge within the agreed time.
3. The client shall, within the agreed time, make a written reply to the matters submitted by the consultant in writing. When the consultant requests the third party to provide relevant information, the entrusting party shall be responsible for conveying and transmitting the information.
4. The entrusting party shall authorize the representative who is competent for the consulting business to contact the consultant.
Article 6 Rights of consultants
The client shall grant the consultant the following rights within the scope of the entrusted construction project cost consulting business:
1. During the consultation process, if the information provided by the customer is unclear, the consultant can submit a written report to the customer.
2. In the process of consultation, the consultant has the right to check or inquire about the questions raised by the third party related to this consulting business.
3. During the consultation, the consultant has the right to go to the project site for investigation.
Article 7 Customer Rights
The customer has the following rights:
1. The entrusting party has the right to ask the consultant about the work progress and related contents.
2. Customers have the right to elaborate opinions and suggestions on specific issues.
3. When the entrusting party determines that the consulting professionals do not perform their duties according to the consulting contract, or collude with a third party to cause economic losses to the entrusting party, the entrusting party has the right to demand the replacement of the consulting professionals until the contract is terminated, and demand the consulting party to bear corresponding compensation responsibilities.
Article 8 Responsibilities of Consultants
1. The responsibility period of the consultant is the validity period of the construction project cost consultation contract. If the progress is delayed or delayed beyond the agreed date due to the non-consultant's responsibility, both parties shall further agree to extend the validity of the contract accordingly.
2. During the responsibility period, the consultant shall perform the obligations stipulated in the construction project cost consultation contract and compensate the economic losses caused to the client by the consultant's unilateral fault. The total amount of accumulated compensation shall not exceed the total amount of construction project cost consulting fees (excluding tax).
3. If the consultant fails to check or answer the questions raised by the entrusting party or the third party in time, resulting in the failure to perform the contract in whole or in part, the consultant shall bear the responsibility.
4. If the consultant's claim for compensation from the entrusting party cannot be established, it shall compensate the entrusting party for all expenses arising from compensation or other demands.
Article 9 Liability of the Client
1. The client shall perform the obligations stipulated in the construction project cost consultation contract. Anyone who violates the contract shall bear the liability for breach of contract and compensate the loss caused to the consultant.
2. If the compensation or other requirements put forward by the client to the consultant cannot be established, the client shall compensate the consultant for the expenses incurred due to the compensation or other requirements.
Article 10 the contract comes into effect
This contract shall come into effect as of the date of signature and seal by both parties.
Article 11 Contract modification
If the consultant's work is hindered or delayed due to the client or a third party, which increases the workload or construction period, the consultant shall promptly notify the client in writing of this situation and the possible impact. The increased workload is regarded as extra service, and the time for completing the construction project cost consultation should be extended accordingly, and additional remuneration should be obtained.
Article 12 Termination of the Contract
1. When one party requests to change or terminate the contract, it shall notify the other party before 15; If any loss is caused to one party due to the change or dissolution of the contract, the responsible party shall be responsible for compensation.
2. If the consultant suspends or terminates the execution of the construction project cost consulting business due to reasons other than his own, the work added by resuming the execution of the construction project cost consulting business shall be regarded as extra service and entitled to extra time and remuneration.
3. The notice or agreement to change or terminate the contract shall be in written form. The original contract is still valid until a new agreement is reached.
Article 13 Consulting fees
1. Normal construction project cost consulting business, additional work and extra work remuneration shall be calculated and paid in the way, time and amount agreed in the special terms and conditions of the construction project cost consulting contract.
2. If the client fails to pay the construction project cost consultation fee within the prescribed payment period, it shall compensate the consultant for the interest on the fees payable from the date of payment. The calculation method of interest is to multiply the bank demand loan on the last day of the specified payment period by the time when the remuneration is in arrears.
3. If the client has any objection to the remuneration or part of the remuneration items in the payment notice submitted by the consultant, it shall issue a notice of objection to the consultant within two days after receiving the payment notice, but the client shall not delay the payment of the remuneration items without objection.
4. The currency and exchange rate for paying the consulting fee for the construction project cost shall be stipulated in the special terms and conditions of the contract.
Article 14 Other clauses
1. Due to the needs of the construction project cost consulting business, the consultant needs to go out for inspection outside the contract, and the required expenses shall be borne by the client after the consent of the client.
2. If the consultant needs the assistance of external experts, the expenses shall be borne by the consultant within the scope of the entrusted construction project cost consulting business; Beyond the scope of the entrusted construction project cost consulting business, with the consent of the client, the expenses shall be borne by the client.
Without the written consent of the other party, neither party may transfer the rights and obligations stipulated in the contract.
4. In addition to the written consent of the client, consultants and consulting professionals shall not accept any remuneration related to the project cost consulting project other than that agreed in the construction project cost consulting contract.
According to the contract, the consultant shall not participate in any activities that may conflict with the interests of the client.
Article 15 Dispute settlement
Compensation for losses and damages caused by breach of contract or termination of contract shall be settled by the client and consultant through consultation; If no agreement can be reached, it can be submitted to the relevant competent department for mediation; If negotiation or mediation fails, it shall be submitted to the ×× Arbitration Commission for arbitration.
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