Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (dealer)
In accordance with the provisions of the Drug Administration Law of People's Republic of China (PRC), the Implementation Plan for Sunshine Procurement of Drugs in Medical Institutions of Guangdong Province in 2008, and the Interim Measures for Supervision and Administration of Online Price-limited Bidding of Drugs in Medical Institutions of Guangdong Province, this contract is hereby concluded in order to ensure the smooth online trading of drugs and clarify the rights and obligations of both parties.
Article 1 According to the drug information provided by Party B in Guangdong Pharmaceutical Purchasing Service Platform (hereinafter referred to as the platform), Party A purchases the following drugs by online purchasing, and Party A sends an order notice to Party B through the online drug trading system, and Party B supplies the goods accordingly; The order confirmed by both parties is an important part of this contract.
Party B must confirm the order notice sent by Party A through the platform within one working day after Party A sends the order notice.
Article 2 Party B shall supply drugs to Party A according to the drug purchase list (see attached table) in the purchase and sale contract.
Article 3 Party B shall ensure that Party A will not be required by a third party to claim patent right, trademark right or protection period when using drugs.
Article 4 The quality of drugs supplied by Party B shall meet the relevant national drug standards, and the packaging, quality and price of drugs shall be consistent with the online information of shortlisted varieties, and shall not be changed. Party B shall provide the corresponding drug inspection report as required by Party A, and deliver the drugs to the place designated by Party A. ..
Article 5 Terms of Supply
Party B shall deliver the goods within one working day after confirming Party A's order notice, and the longest time shall not exceed two working days; First-aid drugs shall be delivered by Party B within 4 hours.
Article 6 Supply price settlement and payment for goods.
(1) Supply price: it is implemented according to the purchase price published by the platform, and the purchase price includes all additional expenses such as cost, transportation, packaging, accompanying services and taxes; During the performance of the contract, in case of policy price adjustment, the price shall be updated according to the platform, including unsold drugs.
(II) Payment settlement: Party A shall make payment settlement no later than 60 days from the date of receiving the distributed drugs.
Article 7 Acceptance and Objection of Drugs
Party A has the right to reject drugs whose quality, expiration date, packaging and order quantity do not meet the requirements, and Party B shall replace the drugs that do not meet the requirements in time without affecting Party A's clinical application ... If Party A fails to use, keep or maintain the products for its own reasons, the consequences shall be borne by Party A..
Article 8 Party A's liability for breach of contract
(1) Party A, in violation of the provisions of this contract, purchases drugs that are short-listed but not online through other channels outside the platform, and assumes the liability for breach of contract;
(2) If Party A refuses to receive the goods or defaults in payment without justifiable reasons, it shall bear the losses caused by Party B;
In the above two cases, Party B has the right to report to the local office of the leading group for correcting unhealthy practices in the purchase and sale of medicines and medical services.
Article 9 Party B's liability for breach of contract
(1) If Party B refuses to supply the goods after confirming the order notice sent by Party A, it shall be liable for breach of contract.
(2) If the quality of drugs supplied by Party B does not meet relevant regulations, it shall be handled according to relevant laws and regulations.
In the above two cases, Party A has the right to report to the local leading group office for correcting unhealthy practices in the purchase and sale of medicines and medical services.
Article 10 If the contract is delayed or terminated due to force majeure, both parties to the contract shall not be liable for compensation. ("Force Majeure" refers to unforeseen events beyond the control of both parties to the contract, but does not include the breach or negligence of one party to the contract. These events include but are not limited to: war, serious fire, flood, typhoon, earthquake and other events agreed by both parties). After the occurrence of force majeure, both parties to the contract shall notify the other party of the force majeure in writing as soon as possible. Unless otherwise required, both parties shall continue to perform their contractual obligations as far as possible and seek reasonable solutions to perform other matters not affected by force majeure. After the influence of the force majeure event is eliminated, both parties can reach an agreement to further perform the contract within a reasonable time through consultation.
Article 11 Modification and rescission of the contract
If the contract cannot be fulfilled due to the closure, suspension of business, merger or transfer of the pharmaceutical production enterprise, Party B shall promptly notify Party A and provide the certificate of the pharmaceutical supervisory department at or above the provincial level, and both parties may terminate the contract for the drug. If it is necessary to change the contract, it must be settled by both parties through consultation.
Article 12 Matters not covered in this contract shall be implemented in accordance with the Implementation Plan of Sunshine Procurement of Drugs for Medical Institutions in Guangdong Province in 2008 and the Interim Measures for Supervision and Administration of Sunshine Procurement of Drugs for Online Price-limited Bidding of Medical Institutions in Guangdong Province. If it is still uncertain, a supplementary agreement can be signed by both parties through consultation according to the above two documents and relevant laws and regulations, and the supplementary agreement has the same legal effect as the formal contract.
Article 13 Any dispute arising from or related to this contract shall be settled by both parties through consultation. If negotiation or mediation fails, both parties may submit the dispute to arbitration or bring a lawsuit to the people's court in accordance with relevant laws and regulations.
Article 14 This contract shall come into force as of the date of signing by both parties, and all matters related to online transactions during the contract period shall be bound by this contract.
Article 16 This contract shall be valid from the date of the month to the date of the month.
This contract is made in duplicate, one for each party.
Party A (seal of agent): Party B (seal):
Authorized representative (signature): Authorized representative (signature):
Date of signature: year month date of signature: year month day.