Model hospital supply agreement 1
Party A:
Party B:
In order to implement the Regulations on the Administration of Medical Devices, the Product Quality Law and relevant national regulations, ensure the quality of medical devices and implantable consumables (hereinafter referred to as devices and consumables), and ensure the safety of people's medical treatment, this contract is signed on the basis of equality and mutual benefit through friendly negotiation.
Article 1: Name, specification, quantity and expiration date of instruments and consumables.
The names, specifications and quantities of equipment and consumables provided by Party B must meet the requirements of Party A. ..
The final selection and use of instruments and consumables shall be decided by Party A. ..
The validity period of medical devices and consumables provided by Party B shall be more than one year before the validity period (at the same time, it shall be consistent: the production shall not exceed two years).
Article 2: Certification Requirements for Instruments and Consumables
1. Party B must provide the company's qualification materials that meet the requirements of the national, provincial and municipal food and drug supervision and management departments and the qualification materials of the products supplied by the company in accordance with the requirements of the Regulations on the Administration of Medical Devices and other standards.
Including but not limited to: business license of enterprise as a legal person, medical device production/operation license, product registration certificate, product certificate, quality guarantee, inspection report of disposable products in the same batch, power of attorney of sales personnel and copy of ID card (the copy needs to be stamped with fresh stamp).
2. All certificates provided by Party B must be complete, authentic and valid.
During the contract period, Party B shall provide Party A with the replaced valid certificates in time.
3. For imported products, a copy of the People's Republic of China (PRC) Medical Device Registration Certificate and the Port Inspection Report of Imported Medical Devices with the original seal of the supplier's quality inspection agency or quality management agency shall be provided.
Article 3: Quality requirements of equipment and consumable products and responsibilities undertaken by Party B.
1. Party B promises to Party A that the quality of the instruments and consumables it provides fully meets the standards stipulated by the US Food and Drug Administration, and the instruments and consumables it provides are products with complete licenses, good quality, reasonable cost performance and after-sales guarantee.
Party B promises to resolutely put an end to selling products with incomplete licenses, fake and shoddy products, expired products, near-effective products, invalid products, obsolete products or unqualified products to Party A, otherwise Party B will bear all legal responsibilities arising therefrom.
2. After the equipment and consumables supplied by Party B enter the hospital, they shall be subject to spot check or inspection by relevant industry authorities of the state, province and city.
In the process of spot check or inspection, Party B shall bear corresponding legal responsibilities for fines and confiscations caused by the license, logo and quality of Party B's products.
3. The product packaging provided by Party B must meet the relevant national regulations and product transportation requirements. If the equipment, consumables and packaging arriving at Party A are lost or damaged, Party B shall be responsible for supplementing or replacing them, and Party A shall not pay any fees to Party B.. ..
4. All economic losses (including but not limited to: medical expenses, operation expenses, materials expenses, all expenses for compensating patients or their relatives for personal injury) caused by medical accidents or disputes caused by the licensing and quality defects of equipment and consumables provided by Party B shall be borne by Party B;
Article 4: Time limit for delivery
1. After receiving the procurement plan from the General Armament Department of Party A, Party B shall deliver the goods to Party A as planned within the time specified by Party A..
Do a good job of arrival, ticket, certificate and inspection report of this batch of products (the outbound documents should clearly indicate: product name, model, batch number, expiration date, manufacturer, approval number, etc.). , which is beneficial to Party A's acceptance registration).
Party B shall cooperate with Party A's management personnel to check that the physical objects are in conformity with the procurement plan and the physical objects are in conformity with the bills, and adjust or exchange goods in time if there are any problems.
2. Party B must provide first-aid instruments and consumables immediately without delay (they should be delivered to Party A within 72 hours at the latest).
3. Party B is responsible for the transportation expenses of instruments and consumables, and Party B is responsible for the damage during transportation.
Article 5: Price and Method of Settlement
1. Party B promises to abide by the relevant national and Sichuan price policies and strictly implement the price competitive negotiation results with Party A. Party B promises to supply Party A with a price not higher than that of hospitals in the same region and the same level, and Party A has the right to refuse to pay the higher price;
All consequences caused by the wrong price of the products provided by Party B shall be borne by Party B; Party B shall be responsible for the losses caused by the adjustment of the national price policy.
2. After Party A accepts the products, it shall promptly notify the clinical department to collect them, so as to avoid the occurrence of overdue, invalidation and overstock.
3. Party A shall make payment within 180 days after the use of the products provided by Party B (the products are free from quality problems, the procedures such as license and invoice are complete, the price is reasonable, and there are no other disputes).
Article 6 Liability for breach of contract
Party A and Party B shall consciously abide by the provisions of this contract.
1. If Party B violates the provisions of Articles 1, 2, 3 and 4 of this contract or Party A cannot contact Party B, Party A may contact other suppliers for supply.
If Party A does not accept Party B's reasons, Party A may unilaterally terminate this contract, and this contract will no longer be performed.
2. If the variety, model, quality and quantity of the equipment and consumables delivered by Party B do not meet the requirements of Party A, Party B shall be responsible for replacing them, otherwise it will be deemed that Party B cannot deliver them on time.
If the products still cannot meet Party A's requirements after replacement, Party A may contact other suppliers for supply.
3. If Party B fails to deliver the goods on time for more than three times, Party A has the right to unilaterally terminate this contract, and this contract will no longer be performed.
4. If Party B needs to terminate the performance of this contract due to special circumstances, it must notify Party A in writing 15 working days in advance.
Article 7 Others
1. Party B promises that all the equipment and consumables it supplies belong to the online varieties of Sichuan Medical Device Procurement Supervision Platform, otherwise Party A has the right to refuse to pay for the goods.
2. When Party A requests to return the goods, Party B shall unconditionally return the goods within the quality validity period; Party A shall not bear any economic losses.
3. Party A's personnel shall not ask for bribes or accept any form of X from Party B..
Party B shall not sell products through X-ray. ..
Party A will establish a credit file for Party B as an important basis for whether to renew the contract.
4. Dispute settlement: All disputes arising from the validity, performance and interpretation of this contract shall be settled by both parties through friendly negotiation.
If negotiation fails, both parties may bring a lawsuit to Jiajiang County People's Court according to People's Republic of China (PRC) Contract Law.
5. Party A and Party B shall strictly abide by this contract and shall not change or terminate this contract at will. If either party needs to change the contract, it must notify the other party in writing, and it can only be changed after both parties reach a written opinion through consultation.
This contract is valid for half a year. If Party A needs to conduct competitive negotiation or bidding for the procurement of implantable consumables/medical devices within half a year, and fails to sign a contract with Party B after negotiation or bidding, this contract will be automatically terminated (but Party B will still be responsible for the quality of the products used).
7. This contract is made in triplicate, two for Party A and one for Party B, all of which have the same legal effect.
This contract shall come into effect after being signed by the representatives of Party A and Party B and stamped with the official seals of both parties.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
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Model Hospital Supply Agreement II
Both parties to the contract:
Buyer: _ _ _ _ _ _ _ _, hereinafter referred to as Party A;
Supplier: _ _ _ _ _ _ _ _, hereinafter referred to as Party B. ..
After full consultation between Party A and Party B, this contract is specially concluded for both parties to abide by.
Article 1 Product name, variety, specification and quality
1. Product name, variety and specification: _ _ _ _ _ _ _.
(The brand or trademark of the product shall be indicated)
2. The technical standards (including quality requirements) of products shall be implemented according to the following item ():
(1) According to national standards;
(2) According to ministerial standards;
(3) Technical requirements shall be agreed by both parties.
(The code, number and name of the standard to be implemented must be specified in the contract.
For complete sets of products, the quality requirements of accessories should be clearly stipulated in the contract; The inherent quality defects of some products can only be found after installation and operation. Unless otherwise stipulated by the competent department, the conditions and time for raising quality objections should be clearly stated in the contract. Quality sampling inspection products,
The contract shall indicate the sampling standard or sampling method and proportion adopted; After the technical conditions are agreed, if samples need to be sealed, they should be sealed by both parties and kept separately for inspection. )
Article 2 Quantity, unit of measurement and method of measurement of products
1. Product quantity: _ _ _ _ _ _.
2. Unit and method of measurement: _ _ _ _ _ _.
(If the state or competent department has provisions on the measurement method, it shall be implemented according to the provisions of the state or competent department; If there is no provision by the state or the competent department, it shall be agreed by both parties.
For mechanical and electrical equipment, when necessary, auxiliary machines, accessories, supporting products, vulnerable spare parts, accessories and installation and repair tools that accompany the main engine shall be clearly stipulated in the contract.
For products supplied in complete sets, the scope of complete sets of supply should be defined and a complete set of supply list should be put forward. )
3. Provisions and calculation methods of positive and negative tail difference of product delivery quantity, reasonable increase or decrease clause, natural decrease (increase) in transit: _ _ _ _ _ _.
Article 3 Product packaging standards and the supply and recycling of packaging materials.