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It should be the quality guarantee, and the "quality guarantee" is the quality guarantee of the credit record members for their own corporate reputation. Credit record members should not only accept the supervision of credit score and transaction evaluation, but also accept the supervision of quality margin. If the member violates the rules in the process of cooperation, the corresponding warranty money needs to be deducted as a penalty.
The project warranty money refers to the funds for the construction unit (owner) and the construction enterprise to agree in the project construction contract that the construction unit (owner) and the construction enterprise shall reserve from the project payment payable in order to implement the maintenance responsibility of the project during the defect liability period (that is, the construction quality of the project does not meet the mandatory standards for engineering construction, design documents, and the agreement of the contract).
The project warranty money shall be directly withheld by the construction unit (owner) from the project measurement appropriation of the construction enterprise according to the total settlement amount of the project price multiplied by the contract (generally 5%), and the interest is generally not calculated. The construction enterprise shall, within the defect liability period (generally 12 months) after the completion (delivery) and acceptance of the project, conscientiously perform the responsibilities agreed in the contract, and apply to the construction unit (owner) for the return of the project warranty in a timely manner after the expiration of the defect liability period. The construction unit (owner) shall promptly return the project warranty money to the construction enterprise (if there is a defect during the defect liability period, the corresponding defect maintenance cost will be deducted).
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The quality guarantee is the money to ensure the quality, if the quality is wrong, the partner will deduct the corresponding loss from the quality money.
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The provisions of the project warranty are as follows.
1. If the performance bond has been paid before the completion of the project, the employer shall not reserve the project quality deposit at the same time.
2. The reserved proportion of the project warranty fund shall not be higher than 5% of the total settlement amount, and 3. If the social investment project adopts the method of reserved deposit, the issuing and contracting parties may agree to hand over the deposit to a "third-party" financial institution for custody.
4. Increase the liability for breach of contract for overdue return of project warranty money. "Quality guarantee" is the quality guarantee of the credibility of the members of the credit record for their own corporate reputation. According to Article 7 of the Interim Measures for the Administration of Quality Deposit for Construction Projects, the employer shall reserve the deposit in accordance with the contract, and the total reserved proportion of the deposit shall not be higher than 3% of the total settlement of the project price.
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In what contract did you encounter the relevant provisions of the warranty?
Hello question. Yes, I made an auction deal.
When asked, they said that the buyer had paid the company a deposit of 400,000 yuan, and then I would pay the company a warranty of 10,000 yuan, and then the company would call me the deposit.
Is this reasonable and true?
If it is a formal auction company, the claim for the warranty is legal, and you say that the other party's deposit is 400,000 yuan, and I infer that the amount of your transaction object is as much as 2 million, then the warranty of 10,000 yuan is also legal and reasonable.
In the case of a deposit, we will provide you with a percentage of the deposit.
Article 586 of the Civil Code (effective as of January 1, 2021) stipulates that the amount of the deposit shall not exceed 20% of the amount of the subject matter of the contract. This ratio is mandatory and must not be violated. If the proportion of the deposit agreed by the parties exceeds 20%, it is not that the entire deposit clause is invalid, but only the excess part is invalid.
If the deposit paid by the other party is more than 20%, you should also pay attention, it may be that you want to jump immortal, you can claim that the excess part is invalid.
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During the warranty period of the product, the supplier mortgages a part of the payment to the purchaser as a guarantee for quality maintenance. Generally, the warranty period must be paid in full at the end of the period.
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Warranty is the abbreviation of quality guarantee. In general, there will be a 5% to 10% quality deposit, which will be paid after acceptance. Or fulfill the contract in Ba.
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Quality Margin. After inspecting the goods, no quality problems were found and they should be returned.
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The quality deposit, there is no quality problem during the warranty period, and the warranty money will be refunded!
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Legal analysis: In practice, the "warranty money" agreed in the construction project contract has two different meanings, one refers to the quality warranty, and the other refers to the quality guarantee. The so-called quality warranty refers to the funds reserved from the construction project payment payable to repair the quality defects of the construction project within the warranty period and within the warranty scope as agreed between the construction unit and the construction unit in the construction project contract or promised by the construction unit in the project warranty book, after the completion and acceptance of the construction project and the delivery of the construction project.
Legal basis: Article 62 of the Construction Law of the People's Republic of China implements a quality warranty system for construction projects. The warranty scope of construction projects shall include foundation engineering, main structure engineering, roof waterproofing engineering and other civil engineering, as well as installation engineering of electrical pipelines, water supply and water pipelines, heating and cooling system engineering, etc.; The duration of the warranty shall be determined in accordance with the principle of ensuring the normal use of the building within a reasonable life span and safeguarding the legitimate rights and interests of users.
The specific warranty scope and minimum warranty period are specified by ***.
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The warranty is the abbreviation of "project quality guarantee". There are two different meanings: one refers to the quality warranty, and the other refers to the quality guarantee.
The quality warranty is reserved from the contract price payable by both parties to the contract, and is used to pay for the repair cost when the subject matter has quality problems and needs to be repaired.
The quality deposit is the fund that the construction unit delivers to the construction unit in advance to ensure the construction quality according to the requirements of the construction unit before the construction contract is signed.
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