Project number: _ _ _ _ _ _ _ _ _ _ _
Party A: (Buyer) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: (Seller) _ _ _ _ _ _ _ _ _ _ _ _
Party A and Party B sign this contract according to the results of (project name, project number).
I. Contents of Goods
1. Name of goods:
2, model specifications:
3. Quantity (unit):
Second, the contract amount
The contract amount is (in words): _ _ _ _ _ _ _ _ _ _ _ _ _ _ (RMB).
Three. engineering data
1. Party B shall provide Party A with relevant technical data on the use of the goods within the time specified in the tender documents.
2. Without the prior written consent of Party A, Party B shall not provide the relevant contract or any contract terms, specifications, plans, drawings, samples or materials provided by Party A to anyone unrelated to the performance of this contract. Even if it is provided to the relevant personnel performing this contract, it shall be kept confidential and limited to the necessary scope of performing this contract.
Four. intellectual property
Party B shall guarantee that the goods provided or any part thereof will not infringe the intellectual property rights of any third party.
Verb (abbreviation of verb) property right guarantee
Party B guarantees that the ownership of the delivered goods completely belongs to Party B, and there are no property rights defects such as mortgage and seizure.
6. Subcontracting or subcontracting
1. The goods within the scope of this contract shall be directly supplied by Party B and shall not be transferred to others for supply;
2. Unless the written consent of Party A is obtained, Party B shall not subcontract all or part of the goods within the scope of this contract to others for supply;
3. If the contract is transferred or subcontracted without Party A's consent, Party A has the right to terminate the contract, confiscate the performance bond and hold Party B liable for breach of contract.
7. Date, method and place of delivery.
1, delivery date:
2. Delivery method:
3. Place of delivery:
Eight. payment
1. Payment method:
2. When the purchased quantity is inconsistent with the actually used quantity, Party B shall supply the goods according to the actually used quantity, and the final settlement amount of the contract shall be calculated by multiplying the actually used quantity by the transaction unit price.
Nine. taxes and administrative charges
All taxes and fees related to the execution of this contract shall be borne by Party B. ..
X. Quality assurance and after-sales service
1. Party B shall provide Party A with brand-new unused products according to the goods performance, technical requirements and quality standards specified in the tender documents.
2. During the warranty period, if the goods provided by Party B fail due to the quality problems of the goods themselves, Party B shall be responsible for replacing them free of charge. Can not meet the technical requirements, according to the actual situation, through consultation between the two sides, can be handled in the following ways:
(1) Replacement: All expenses incurred shall be borne by Party B..
(2) Devaluation: The price is determined by both parties.
(3) Return of goods: Party B shall refund the contract money paid by Party A and bear the direct costs of the goods (transportation, insurance, inspection, payment interest and bank charges, etc.). ).
3. In case of quality problems during use, Party B shall arrive at Party A's site within hours after receiving Party A's notice.
4. During the warranty period, Party B shall be responsible for solving the quality and safety problems of the goods and bear all expenses.
5. The free warranty period of the above goods is years, and the faults caused by human factors are not covered by the free warranty. The machinery and equipment beyond the warranty period will be maintained for life, and only the parts will be charged for maintenance.
XI。 Commissioning and acceptance
1. Party A conducts on-site preliminary acceptance of the goods submitted by Party B according to the technical specifications in the bidding documents and relevant national quality standards. If the appearance and description meet the technical requirements of the tender documents, they shall be signed, and those who fail to pass the preliminary acceptance shall not be signed. Upon the arrival of the goods, Party A shall accept them within working days.
2. Before delivery, Party B shall conduct a comprehensive inspection of the products, sort out the acceptance documents and make a list as the basis of technical conditions for Party A's acceptance. The inspection results shall be submitted to Party A together with the goods.
3. When Party A debugs the goods provided by Party B before use, Party B shall be responsible for the installation and training of Party A's operators, and assist Party A in debugging together, and Party A will not conduct the final acceptance until it meets the technical requirements.
4. For the goods with complicated technology, Party A shall invite the professional testing institutions recognized by the state to participate in the preliminary acceptance and final acceptance, and issue a quality inspection report.
5. Party B must be on site during the acceptance, and make a report on the acceptance results after the acceptance; The acceptance fee shall be borne by Party B. ..
Twelve. Packaging, shipping and transportation of goods
1. Before shipment, Party B shall package the goods that meet the requirements of transportation distance, moisture-proof, shock-proof, rust-proof and breakage-proof, so as to ensure that the goods can be safely delivered to the place designated by Party A. ..
2. The goods shall be accompanied by instruction manual, quality inspection certificate, attached accessories and tools and list.
3. Party B shall notify Party A within 24 hours after the goods are shipped or 48 hours before the goods arrive at Party A, so as to make good preparations for receiving the goods.
4. Party B shall be responsible for all risks before the goods are delivered to Party A. ..
5. If Party B delivers the goods to the place designated by Party A within the specified delivery period, it shall be deemed that the goods have been delivered, and Party B shall also notify Party A that the goods have been delivered.
Thirteen. responsibility for breach of contract
1. If Party A refuses the goods without justifiable reasons, Party A shall pay Party B a penalty of 5% of the total value of the rejected goods.
2. If Party A fails to receive the goods without reason and goes through the payment procedures, Party A shall pay Party B a penalty of 0.5 ‰ of the total overdue payment per day.
3. If Party B fails to deliver the goods on time, Party B shall pay 0.6 ‰ of the total delivery amount per day overdue, which shall be deducted from the payment payable by Party A. If the overdue date exceeds the agreed date 10 working day, Party A may terminate this contract. If Party B causes Party A to terminate the contract due to overdue delivery or other breach of contract, Party B shall pay Party A a penalty of 5% of the total contract price. If Party A's losses exceed the liquidated damages, Party B shall continue to be responsible for the excess.
4. If the variety, model, specification, technical parameters and quality of the goods delivered by Party B do not meet the requirements of the contract and the standards stipulated in the tender documents, Party A has the right to reject the goods. If Party B is willing to replace the goods but fails to deliver them, it will be deemed as overdue delivery. If Party B refuses to replace the goods, Party A may unilaterally terminate the contract.
Fourteen Handling of Force Majeure Events
1. During the validity period of the contract, if either party fails to perform the contract due to force majeure, the performance period of the contract may be extended, which is the same as the period affected by force majeure.
2. After the force majeure event occurs, it shall immediately notify the other party and send the certificate issued by the relevant authorities.
3. If the force majeure event lasts for more than 120 days, both parties shall determine whether to continue to perform the contract through friendly negotiation.
Fifteen. lawsuit
All disputes arising from the execution of this contract shall be settled through negotiation. If negotiation fails, a lawsuit can be brought to the court where Party A is located.
Sixteen. Entry into force of contract and others
1. This contract shall come into effect after being signed by the legal representatives or authorized representatives of both parties and stamped with the official seal of the unit.
2. Any modification or supplement to the procurement funds and procurement contents during the execution of the contract shall be subject to the examination and approval of the financial department, and a written supplementary agreement shall be signed and reported to the government procurement supervision and management department for the record before it can be regarded as an integral part of the main contract.
3. During the execution of the contract, if it is found that the winning bidder or supplier has a criminal record of bribery after consulting the procuratorial organ, the qualification for winning the bid will be cancelled or the procurement contract will be stopped.
4. Matters not covered in this contract shall be governed by the relevant provisions of the Civil Code.
5. The original of this contract is in triplicate, with the same legal effect. Party A holds one copy and Party B holds two copies.
Party A: _ _ _ _ _ _ _ _ _ _ _ _ Hospital Party B: _ _ _ _ _ _ _ _ _ _ Company.
Address: Address:
Legal (authorized) representative: Legal (authorized) representative:
Date of signing: