CONTRACT.docx

1、CONTRACTMHC-HENAN GUOJI DEVELOPMENT CO., LTD.Date:Our Ref:Dear RE: OFFER FOR SALE OF HOUSE NUMBER ON PLOT NUMBER/.AT AREA 49 SECTOR 5 IN LILONGWEWe are pleased to offer you for sale the above-mentioned property, subject to the agreement detailed below and under the following terms and conditions:SEL

2、LER:MHC-HENAN GUOJI DEVELOPMENT COMPANY LIMITED Address: P.O. Box 114, Lilongwe Telephone Number: 0997-106-585 Authorized Company Representative: Fu Quanhui BUYER:Authorized Person: Nationality: Date of birth: Physical Address: Postal Address: Telephone Numbers: If the Buyer is a company please prov

3、ide the following details:Company Registration Number:-/-The Buyer and Seller mutually and voluntarily agree as follows:1. THE PURCHASED PROPERTY The Seller is the owner of the house and the plot mentioned above which is located at AREA 49, SECTOR 5 IN LILONGWE, MALAWI.The property being sold is hou

4、se number on plot number/. The underground minerals, oil and other properties belong to the Malawi Government according to the law and are not included.2. PROFILE OF THE PURCHASED HOUSING/PROPERTY UNITThe profile of the house to be purchased by the Buyer is as follows: The house is located on the la

5、nd comprised in plot No.-, at Area 49 Sector 5 in Lilongwe and it is part of GUOJI DREAM TOWN project. In case of changes in the plot number upon completion of the house, the plot number indicated on the lawfully registered Title Deed shall prevail. The change of the plot number shall not have an ef

6、fect on the geological coordinates of the house.The structure of the house will be as follows: brick-concrete structure, with -one- storey and -three-meters high.The property unit will comprise of bedroom(s); living room; kitchen; dining room; toilet(s).The total construction area of the house will

7、be m2.3. PURCHASE PRICE FOR THE HOUSEThe purchase price of the house is .The Buyer shall pay the equivalent sum in Malawi Kwacha according to the prevailing rate at which the United States Dollar TT is being sold on the day of payment at National Bank of Malawi.In addition to the above the Purchaser

8、 shall be required to pay the following fees and duties:a) Registration Fees. MK5,000b) Stamp Duty. 1.5 % of the Purchase Pricec) Conveyancing fees. MK25,000 plus 1% of Purchase Priced) Ground Rent (payable per annum to Malawi Housing Corporation and subject to change) . MK10,000e) The Fees and Duti

9、es are subject to change in accordance with the changes in applicable law in Malawi.f) The Purchaser shall also be responsible for payment of other Fees, Duties and taxes which may be due to the Government of Malawi on the day of registering the lease (title deed) for this plot.4. PAYMENT TERMS AND

10、PERIODThe Buyer has three options for making payments. The options are as follows:a). FIRST OPTION :LUMP-SUM PAYMENT The Buyer shall make the full payment of the house, i.e. to the Seller on the date of delivery mentioned below, which equals to MK-/- (at current exchange rate). The Buyer shall pay t

11、he equivalent sum in Malawi Kwacha according to the prevailing rate at which the United States Dollar TT is being sold on the day of payment at National Bank of Malawi. b). SECOND OPTION: PAYMENT BY INSTALLMENTSPrior to the signing of the agreement, the Buyer shall pay the amount i.e. USD , as the f

12、irst installment or deposit (The Buyer shall pay the equivalent in Malawi Kwacha according to the prevailing rate at which the United States Dollar TT is being sold on the day of payment at National Bank of Malawi.). The remaining amount, i.e. USD shall be paid in 18 equal monthly installments of US

13、D . The payment shall be made before the 5th day of each month. The buyer reserves the right to pay lump sums at any time during the remaining period for payment of the balance.c). THIRD OPTION: Mortgage Loan Payment. The Buyer shall pay 15 % of the total purchase price i.e. USD , as the first payme

14、nt (The Buyer shall pay the equivalent sum in Malawi Kwacha to according to the prevailing rate at which the United States Dollar TT is being sold on the day of payment at National Bank of Malawi.) After the first payment, MHC-Henan Guoji shall issue title deed for the land to the buyer in order to

15、enable the Buyer to get a bank loan. The lease shall be sent to the bank or as directed by the Buyer. The lease shall be issued to the bank after the Bank writes MHC-Henan Guoji requesting for the lease and certifying that a loan has been approved in favor of the buyer. The Bank shall make payment t

16、o MHC-Henan Guoji and it is after receiving full payment of the purchase price that MHC- Henan Guoji shall deliver the house to the Buyer. If the Buyer fails to get the loan from the Bank 2 months after the lease is issued, the Buyer will advise the Seller in writing the next option he will take for

17、 the payment. If the Buyer fails to provide another option the agreement will be terminated and the house can be re-sold. The Seller shall refund the payment made by the Buyer to the Buyer. The Buyer shall give one month notice of his or her intention to claim a refund. The refund shall be made afte

18、r deducting administrative fees amounting to 5% of the amount paid.5. HOUSE DELIVERY PERIOD After signing this agreement, the Seller shall deliver the house agreed upon in the agreement to the Purchaser on ; should the delivery delay, the Seller shall pay 0.02% of the total price of the house to the

19、 Buyer for each single day that there is a delay; should the delay exceed sixty (60) days, the Buyer shall have the right to terminate the agreement and claim refund of the payment made earlier on. The refund shall be made without interest.Unless both parties agree to alter the agreement, the Seller

20、 may accordingly delay the delivery, if impeded by1. An act of God or force majeure, so long as this is communicated by the Seller to the Buyer within thirty (30) days after occurrence of the event. 2. Unavailability of water and electricity due to reasons beyond the Sellers control.3. Delays caused

21、 due to war and diseases.6. HOUSE DELIVERY CRITERIONThe housing/property unit will be equipped with the following upon delivery;a. Construction structure type: brick-concrete structure.b. Roofing truss: timber roof truss;c. Outdoor eaves gallery ground: anti-skidding bricks;d. In-yard road: to harde

22、n 1.2 m road between yard-entry door and room-entry door, as well as a two wheels road in the garage;e. Suspended ceiling: suspended ceiling with gypsum boardf. Lamp: Ceiling Lamp;g. Windows: Aluminum Windowsh. Doors: Metal Security Entry Door, Composite Doors Indoorsi. Floor: the floor inside shall

23、 have high-quality ceramic tiles, Kitchen and toilet shall have high-quality anti-skidding floor tiles and partly pasted with wall tiles.j. Toilet and bathroom: the toilet and bathroom shall be fitted with wash basin, toilet seat, and shower.k. Kitchen: the kitchen shall be fitted with a kitchen uni

24、t and with finished vegetable-wash pool. 7. DELIVERY SPECIFICATION OF INFRASTRUCTURES AND LANDSCAPINGa. House equipped with water facilities system;b. House equipped with electricity supply;c. Non-municipal road and street lamps in the communityd. Community equipped with public leisure space8. DELIV

25、ERY PROCEDURES(A) If the house/property satisfies the delivery specifications mentioned above, the Seller will advise the Buyer in writing or by phone on the time of delivery, venue and the required documents 7 days before the due date of delivery. In case of failure to communicate with the Buyer, t

26、he expiry date of the signed agreement shall be the date of delivery; the venue of delivery shall be where the house is located.(B) House checkingI. The Buyer shall proceed to take up delivery of the house within 15 days upon receipt of written notice of the delivery.II. Before both parties proceed

27、with delivery, the Buyer has the right to check the house for the following:i. Roofing, wall and leakage;ii. Durability of walls and ceiling plaster layer;iii. Ground hollow cracking and large area sand rising;iv. Window and door cracking, hardware destroyed;v. Blocked pipe;vi. Sanitary cracking, wa

28、ter leakagevii. Electrical fittings;In case that the defects of the house affect the normal usage of the house by the Buyer, the Seller shall be responsible to rectify the problems within 30 days and bear the cost of repairs. (C) After checking of the house, in case that the Buyer has no problem wit

29、h the house to be delivered by the Seller, the two parties shall sign the delivery form. In case that the delivery is delayed or fails to take place because of the Buyer, the two parties shall proceed as follows:i. If the delivery is delayed for less than 30 days, the Seller shall charge MK-/-per da

30、y on the Buyer as security charges and the Buyer shall make the full payment of the security charges on the day of delivery.ii. If the delivery is delayed for more than 30 days, the Seller shall charge MK-/-per day on the Buyer as security charges and the Buyer shall make the full payment of the sec

31、urity charges on the day of delivery.iii. After checking up the house, the Buyer will not be allowed to move in the house where the buyer fails to make the full payment. If, after checking the house, the Buyer fails to make the full payment within 6 months (including the payment by installments, and

32、 the payment through a bank loan), the Seller has the right to retrieve the house for re-selling and return the already made payment to the Buyer. 9. PUBLIC AREA CLEANING, MAINTENANCE AND GUARDINGa) The property service company will provide services of cleaning and maintaining public spaces and provision of security. The st