Is there a standard for elevator procurement contracts?

If there is an agreement in the elevator procurement contract, the agreed place is the place where the contract is performed. If there is no agreement, the subject matter of the dispute is currency, and the place of receipt of currency is the place of performance of the contract.

Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China

Article 18 Where a contract stipulates a place of performance, the agreed place of performance shall be the place of performance of the contract.

If there is no agreement on the place of performance in the contract or the agreement is not clear, and the subject matter of the dispute is the payment currency, the place where the party receiving the currency is located is the place where the contract is performed; If the immovable property is delivered, the place where the immovable property is located is the place where the contract is performed; For other subject matter, the place where the party performing the obligation is located is the place where the contract is performed. For contracts that are settled immediately, the place where the transaction is performed is the place where the contract is performed.

Where the contract has not been actually performed, and the domicile of both parties is not in the place of performance agreed in the contract, the people's court at the place where the defendant is domiciled has jurisdiction.

1. How does the law govern the performance of the contract?

Article 23 of the Civil Procedure Law stipulates that a lawsuit arising from a contract dispute shall be under the jurisdiction of the people's court at the place where the defendant is domiciled or where the contract is performed.

Article 18 of the Interpretation of the Supreme People's Court on Application.

Paragraphs 1 and 2 stipulate that if the contract stipulates the place of performance, the agreed place of performance shall be the place of performance of the contract.

If there is no agreement on the place of performance in the contract or the agreement is not clear, and the subject matter of the dispute is the payment currency, the place where the party receiving the currency is located is the place where the contract is performed; If the immovable property is delivered, the place where the immovable property is located is the place where the contract is performed; For other subject matter, the place where the party performing the obligation is located is the place where the contract is performed. For contracts that are settled immediately, the place where the transaction is performed is the place where the contract is performed.

2. How to determine the place of performance of the contract of carriage.

According to Article 29 of the Civil Procedure Law, the people's court at the place of origin, destination or domicile of the defendant shall have jurisdiction over litigation arising from disputes over railways, highways, water, air transport and combined transport contracts. Therefore, when determining the jurisdiction of the court, the place of performance of the contract of carriage shall be the place of departure and destination of transportation. The determination of the place of performance of the contract in China's laws is different, and the specific place of performance of different contracts is also different.

According to the relevant judicial interpretations of the Civil Procedure Law, the performance of a contract shall be determined in accordance with the following principles: if the contract stipulates the place of performance, the agreed place of performance shall be the place of performance of the contract. If there is no agreement on the place of performance in the contract or the agreement is not clear, and the subject matter of the dispute is the payment currency, the place where the party receiving the currency is located is the place where the contract is performed; If the immovable property is delivered, the place where the immovable property is located is the place where the contract is performed; For other subject matter, the place where the party performing the obligation is located is the place where the contract is performed.

For contracts that are settled immediately, the place where the transaction is performed is the place where the contract is performed. Where the contract has not been actually performed, and the domicile of both parties is not in the place of performance agreed in the contract, the people's court at the place where the defendant is domiciled has jurisdiction.

Summary. The elevator contract model is not a necessary condition for the formation of the contract, but in order to ensure the rights and interests of both parties, it should be determined according to the specific circumstances of the subject matter of the contract.

The elevator contract model is not a necessary condition for the formation of the contract, but in order to ensure the rights and interests of both parties, it should be determined according to the specific circumstances of the subject matter of the contract.

Can you add, I don't quite understand it.

An elevator contract is a specific, complete, and strictly agreed contract, which can be written or oral. Under the premise of legality, the elevator contract can be established as long as it meets the basic elements of the contract, and there is no need to require a specific model. The basic elements of a contract include:

The parties to the contract (i.e. the seller and the buyer), the purpose of the contract, the content of the contract, the performance period of the contract, etc. Therefore, if the two parties do not reach an agreement on the elevator model, but it involves the basic elements of the contract, the contract is still legally valid, and the two parties need to perform the corresponding obligations and rights in accordance with the contract.

Because it is the same manufacturer, is it a violation of the contract law to require a contract to be signed together?

Dear <> will be happy to answer for you. Elevator procurement and installation refers to a complete set of services from the procurement of elevator products to the completion of installation, which is responsible for the elevator manufacturer. Under normal circumstances, customers who purchase elevators first need to provide specific information about the model, specifications and uses of elevators to elevator manufacturers, so that manufacturers can provide suitable products according to customer requirements.

After determining the basic information such as the model and specifications of the elevator, the elevator manufacturer can purchase the elevator for it according to the customer's requirements and arrange the installation work. When purchasing elevators, elevator manufacturers will provide customers with a series of elevator products, including elevator hosts, control systems, safety devices, lighting fixtures, etc., as well as some elevator-related auxiliary equipment, such as guide rails, pulleys, hooks, etc. Customers are choosing the most suitable elevator products for their own needs according to their own needs.

When installing the elevator, the elevator manufacturer will arrange a professional steel structure installation engineer to install the steel structure of the elevator and other components of the elevator according to the customer's requirements, such as the elevator's control system, safety device, lighting, etc. After the installation is completed, the elevator manufacturer will also carry out some debugging work to ensure that the performance and safety of the elevator meet the requirements. <>

It is procurement. After an administrative unit used financial funds to build a new apartment for the elderly through bidding, it submitted the project implementation plan filing materials to the financial department for the procurement of elevators and call systems. According to the information submitted by the unit, the elevator procurement and call system procurement categories are both projects, with an elevator budget of 2.6 million yuan and a call system budget of 1.6 million yuan.

Through further understanding with the filing personnel of the procurement unit, the elderly apartment has been preliminarily completed, and the elevator and call system were not included in the original construction bidding.

When accepting the record, the author questioned that the elevator and the call system were filed according to the project category. Because the elderly apartment has been preliminarily built, now the elevator and call system are purchased separately, although it needs to be installed, but the procurement of elevator and call system hardware is the core of the project, the proportion of funds is very large, and its installation belongs to the additional services of goods procurement, so such as the royal code, the two purchases are more appropriate according to the type of goods for the record.

According to the provisions of Article 5 of the Regulations on Engineering Projects that Must Be Tendered, the procurement of important equipment, materials and other goods related to the construction of the project, and the estimated price of a single contract of more than 2 million yuan must be tendered and procured. Article 2 of the Regulations for the Implementation of the Tendering and Bidding Law of the People's Republic of China stipulates: "The term "engineering construction project" in Article 3 of the Tendering and Bidding Law refers to the project and the goods and services related to the construction of the project.

The term "slag" as used in the preceding paragraph refers to construction projects, including new construction, reconstruction, and expansion of buildings and structures, as well as their related decoration, demolition, repair, etc.; The goods related to the construction of the project refer to the equipment, materials, and materials necessary for the realization of the basic functions of the project, which constitute an integral part of the project. "In this case, the apartment for the elderly is a new project, the elevator is an inseparable part of the project and the equipment necessary for the realization of the basic functions of the project, and it is an important equipment related to the construction of the project, and the elevator procurement uses all financial funds, and the budget amount (contract estimated price) is more than 2 million yuan, and the procurement method of bidding should be adopted. The call system of the elderly apartment is mainly to facilitate the communication and management of the elderly, not the equipment to realize the basic functions of the project, and the budget amount is less than 2 million yuan, and can be purchased by means other than bidding.

Procurement. The elevator is the goods, the bidding is a form of procurement, the elevator bidding belongs to the procurement of goods, the elevator belongs to the more special goods, because he is not a complete finished product delivered to the buyer, is to be assembled at the buyer's site, and this assembly has a great impact on the quality of the elevator, safety, to undertake such a work, both manufacturing capacity and installation capacity and is inseparable procurement. The elevator is the goods, the bidding is a form of procurement, the elevator bidding belongs to the procurement of goods, the elevator belongs to the more special goods, because he is not a complete finished product delivered to the buyer, is to be assembled at the buyer's site, and this assembly has a great impact on the quality and safety of the elevator.

The elevator is the goods, the bidding is a form of procurement, the elevator bidding belongs to the procurement of goods, the elevator belongs to the more special goods, because he is not a complete finished product delivered to the buyer, it is to be assembled at the buyer's site, and this assembly has a great impact on the quality and safety of the elevator.

Legal analysis: If it is an elevator installation contract in a general construction project, it is included in the construction contract. If an elevator is installed in an old building or an elevator is installed in a private villa, it is a contract for contracting oranges.

Legal basis: Civil Code of the People's Republic of China Article 470 The content of the contract is agreed upon by the parties, and generally includes the following clauses: (1) the name and address of the person involved in the limb search; (2) the subject matter; (3) Quantity; (4) Lack of quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.