Transfer Registration. 1. After the House has been delivered for use, both parties agree to manage it according to the following Method (2): (1) Both parties apply to the registration authority for the registration of ownership transfer. The fees for handling the registration of ownership shall be borne by the Buyer. (2) The Buyer agrees to entrust seller or the entrusted agency_ to apply to the registration authority for the registration of ownership transfer with the entrust fee of RMB _2,000_______ YUAN. 2. If the Buyer cannot get the ownership certificate of the House within360 days after the delivery date due to the Seller, both partied shall agree to manage it according to the following Methods: (1) The Buyer has the right to cancel the order. If the Buyer cancels the order, the Seller must return all the effected payment to the Buyer within 60 days after receiving the notification of canceling the order, and pay the corresponding interest rates to the Buyer according to the interest rate of individual housing loan issued by the bank in the corresponding period. If the Buyer doesn’t cancel the order, from the second day after the deadline to get the ownership certificate from the actual date of getting the certificate, the Seller shall pay 0.006% of the total effected payment per day to the Buyer as a penalty within7days after the actual date. 2. If the housing ownership certificate cannot be obtained as scheduled due to the Buyer's responsibility (including but not limited to the Buyer failing to pay relevant taxes and fees according to the requirements of relevant government departments, failing to submit relevant materials, or failing to sign legal documents required for property rights, etc.), the Buyer shall be held responsible for it, and Seller shall assume no liability for breach of contract. 3. If the Buyer fails to obtain the housing ownership certificate after the expiry of the period specified by this Contract due to the fault of the Seller, the Buyer shall have the right to notify the Seller whether to cancel this Contract or not within 60 days after the expiry of this period. If the Buyer does not do so within this time period, the Buyer shall not notify the Seller to cancel the contract any more. This contract shall be cancelled as of the date when the Buyer issues a written cancellation notice to the Seller. 4. If the Buyer cannot obtain the housing ownership certificate within 360 days after this Commodity House has been delivered due to force majeure, national policy adjustment or government action, the Seller shall not bear the liability for breach of contract.
Appears in 1 contract
Sources: Beijing Commodity Housing Presale Contract (Tarena International, Inc.)
Transfer Registration. 1. After the Commercial House has been is delivered for use, both parties agree to manage it according to the following Method (2):that Paragraph 3 below applies:
(1) Both parties apply The Seller handles the ownership transfer registration of the house with the ownership registration authority. The Buyer shall provide to the Seller the relevant documents according to the Seller’s registration authority for the registration of ownership transfer. The fees for handling the registration of ownership shall be borne by the Buyerrequirements and notice.
(2) The Buyer agrees to entrust seller or the entrusted agency_ Seller to apply handle the ownership transfer registration of the house with the ownership registration authority and the entrustment fee is RMB zero (in words).
(3) The Seller is responsible to complete the ownership registration of the parking space with the competent ownership registration authority in accordance with the fair and reasonable allocation made by Chengdu Shidai Noah Education Software Co., Ltd. with respect to the parking space corresponds to -1/F of the target house. The Buyer shall be responsible to furnish the relevant documents to the Seller based on the requirements of the registration authority and notice made by the Seller. In consideration of the relevant laws and regulations, and the process of obtaining the paring space ownership stipulated by relevant property ownership administration authority, the ownership of each parking space of the garage purchased by Chengdu Shidai Noah Education Software Co., Ltd. shall be completed separately after the line-drawing actual measurement for each parking space, therefore, the Buyer shall assist the Seller to execute the purchase and sale contract for single parking space in order to complete the registration of the ownership transfer of each parking space. The area of the underground bicycle parking of the building in which the Commercial House is located is 441.42 m2, which does not include into the area of which the Seller must complete the registration of ownership. The use right of the bicycle parking shall be transferred to all buyers of the building in which the Commercial House is located from the Seller upon the effective of this Contract. It shall be implemented in accordance with the entrust fee of RMB _2,000_______ YUANrelevant national policy with respect to the bicycle parking if the said national policy changes.
2. If the Buyer cannot get the ownership certificate of the House within360 days after the delivery date Where, due to the Seller’s fault, the Buyer does not obtain the housing ownership certificate before June 30, 2010 (the Buyer shall pay the expenses relating to the handling of property right at one time), both partied shall parties agree to manage it according to the following Methodsthat Paragraph 2 below applies:
(1) The Buyer has is entitled to surrender the right to cancel the orderhouse. If the Buyer cancels surrenders the order, the Seller must return all the effected payment to the Buyer within 60 days after receiving the notification of canceling the order, and pay the corresponding interest rates to the Buyer according to the interest rate of individual housing loan issued by the bank in the corresponding period. If the Buyer doesn’t cancel the order, from the second day after the deadline to get the ownership certificate from the actual date of getting the certificatehouse, the Seller shall pay 0.006% of refund all the total effected payment per day to the Buyer as a penalty within7days after the actual date.
2. If the housing ownership certificate cannot be obtained as scheduled due to payments already made by the Buyer's responsibility (including but not limited to , along with the Buyer failing to pay relevant taxes and fees according to interest accrued thereupon at the requirements ´ interest rate, within ´ days of relevant government departments, failing to submit relevant materials, or failing to sign legal documents required for property rights, etc.), receiving the Buyer shall be held responsible for it, and Seller shall assume no liability for breach notice of contract.
3. If the Buyer fails to obtain the housing ownership certificate after the expiry of the period specified by this Contract due to the fault of the Seller, the Buyer shall have the right to notify the Seller whether to cancel this Contract or not within 60 days after the expiry of this periodsurrender. If the Buyer does not do so within this time periodsurrender the house, the Seller shall pay to the Buyer liquidated damages of ´% of all the payments already made by the Buyer per day delayed, from the next day following expiry of the term when the Buyer shall not notify the Seller to cancel the contract any more. This contract shall be cancelled as of the date when the Buyer issues a written cancellation notice to the Seller.
4. If the Buyer cannot obtain the housing ownership certificate to the day when the Buyer obtains the housing ownership certificate, and such liquidated damages shall be paid to the Buyer within 360 ´ days after this Commodity House has been delivered due to force majeure, national policy adjustment or government actionthe Buyer obtains the housing ownership certificate.
(2) The Seller shall undertake the following defaulting liability:
1) If the delay is within thirty days, the Seller shall not bear pay to the liability for breach Buyer liquidated damages of contract0.03% of all the payments already made by the Buyer per day delayed, and such liquidated damages shall be paid to the Buyer within 7 days after the initial property right registration is completed. This Contract continues to be performed.
2) If the delay exceeds thirty days ((this day shall be the same as the day in Sub-paragraph (1) above), the Buyer is entitled to terminate this Contract. Upon such termination, the Seller shall pay to the Buyer liquidated damages of 8% of all the payments already made by the Buyer within 7 days from receiving the notice of termination and refund all the payments already made by the Buyer. If the Buyer intends to continue to perform this Contract, this Contract shall continue to be performed and the Seller shall pay to the Buyer liquidated damages of 0.04% of all the payments already made by the Buyer per day delayed, from the next day following expiry of the agreed property right registration term to the day of actual completion of property right registration and such liquidated damages shall be paid to the Buyer within 7 days after the day of actual completion of property right registration.
Appears in 1 contract
Sources: Purchase & Sale Contract (Noah Education Holdings Ltd.)
Transfer Registration. 1. After the Commercial House has been is delivered for use, both parties agree to manage it according to the following Method (2):that Paragraph 3 below applies:
(1) Both parties apply The Seller handles the ownership transfer registration of the house with the ownership registration authority. The Buyer shall provide to the Seller the relevant documents according to the Seller’s registration authority for the registration of ownership transfer. The fees for handling the registration of ownership shall be borne by the Buyerrequirements and notice.
(2) The Buyer agrees to entrust seller or the entrusted agency_ Seller to apply handle the ownership transfer registration of the house with the ownership registration authority and the entrustment fee is RMB zero (in words).
(3) The Seller is responsible to complete the ownership registration of the parking space with the competent ownership registration authority in accordance with the fair and reasonable allocation made by Chengdu Shidai Noah Information Technology Co., Ltd. with respect to the parking space corresponds to -1/F of the target house. The Buyer shall be responsible to furnish the relevant documents to the Seller based on the requirements of the registration authority and notice made by the Seller. In consideration of the relevant laws and regulations, and the process of obtaining the paring space ownership stipulated by relevant property ownership administration authority, the ownership of each parking space of the garage purchased by Chengdu Shidai Noah Information Technology Co., Ltd. shall be completed separately after the line-drawing actual measurement for each parking space, therefore, the Buyer shall assist the Seller to execute the purchase and sale contract for single parking space in order to complete the registration of the ownership transfer of each parking space. The area of the underground bicycle parking of the building in which the Commercial House is located is 441.42 m2, which does not include into the area of which the Seller must complete the registration of ownership. The use right of the bicycle parking shall be transferred to all buyers of the building in which the Commercial House is located from the Seller upon the effective of this Contract. It shall be implemented in accordance with the entrust fee of RMB _2,000_______ YUANrelevant national policy with respect to the bicycle parking if the said national policy changes.
2. If the Buyer cannot get the ownership certificate of the House within360 days after the delivery date Where, due to the Seller’s fault, the Buyer does not obtain the housing ownership certificate before June 30, 2010 (the Buyer shall pay the expenses relating to the handling of property right at one time), both partied shall parties agree to manage it according to the following Methodsthat Paragraph 2 below applies:
(1) The Buyer has is entitled to surrender the right to cancel the orderhouse. If the Buyer cancels surrenders the order, the Seller must return all the effected payment to the Buyer within 60 days after receiving the notification of canceling the order, and pay the corresponding interest rates to the Buyer according to the interest rate of individual housing loan issued by the bank in the corresponding period. If the Buyer doesn’t cancel the order, from the second day after the deadline to get the ownership certificate from the actual date of getting the certificatehouse, the Seller shall pay 0.006% of refund all the total effected payment per day to the Buyer as a penalty within7days after the actual date.
2. If the housing ownership certificate cannot be obtained as scheduled due to payments already made by the Buyer's responsibility (including but not limited to , along with the Buyer failing to pay relevant taxes and fees according to interest accrued thereupon at the requirements ´ interest rate, within ´ days of relevant government departments, failing to submit relevant materials, or failing to sign legal documents required for property rights, etc.), receiving the Buyer shall be held responsible for it, and Seller shall assume no liability for breach notice of contract.
3. If the Buyer fails to obtain the housing ownership certificate after the expiry of the period specified by this Contract due to the fault of the Seller, the Buyer shall have the right to notify the Seller whether to cancel this Contract or not within 60 days after the expiry of this periodsurrender. If the Buyer does not do so within this time periodsurrender the house, the Seller shall pay to the Buyer liquidated damages of ´% of all the payments already made by the Buyer per day delayed, from the next day following expiry of the term when the Buyer shall not notify the Seller to cancel the contract any more. This contract shall be cancelled as of the date when the Buyer issues a written cancellation notice to the Seller.
4. If the Buyer cannot obtain the housing ownership certificate to the day when the Buyer obtains the housing ownership certificate, and such liquidated damages shall be paid to the Buyer within 360 ´ days after this Commodity House has been delivered due to force majeure, national policy adjustment or government actionthe Buyer obtains the housing ownership certificate.
(2) The Seller shall undertake the following defaulting liability:
1) If the delay is within thirty days, the Seller shall not bear pay to the liability for breach Buyer liquidated damages of contract0.03% of all the payments already made by the Buyer per day delayed, and such liquidated damages shall be paid to the Buyer within 7 days after the initial property right registration is completed. This Contract continues to be performed.
2) If the delay exceeds thirty days ((this day shall be the same as the day in Sub-paragraph (1) above), the Buyer is entitled to terminate this Contract. Upon such termination, the Seller shall pay to the Buyer liquidated damages of 8% of all the payments already made by the Buyer within 7 days from receiving the notice of termination and refund all the payments already made by the Buyer. If the Buyer intends to continue to perform this Contract, this Contract shall continue to be performed and the Seller shall pay to the Buyer liquidated damages of 0.04% of all the payments already made by the Buyer per day delayed, from the next day following expiry of the agreed property right registration term to the day of actual completion of property right registration and such liquidated damages shall be paid to the Buyer within 7 days after the day of actual completion of property right registration.
Appears in 1 contract
Sources: Purchase & Sale Contract for Commercial House (Noah Education Holdings Ltd.)