In order to strengthen the regular and legal business contact between the supply and demand sides and meet the fundamental interests of the people under the provisions of the state on the quality supervision and management of pharmaceutical commodities. Based on the principle of mutual benefit and common development, we have reached an agreement on the supply and marketing and quality assurance of pharmaceutical products. The following is a sample of drug purchase and sale agreement I have compiled. Let's have a look!
Part I: Model Agreement on Drug Purchase and Sale Contract Party A (supplier):
Party B: (demander) Songtao Miao Autonomous County Ethnic Chinese Medicine Hospital
In order to strengthen the regular and legal business contact between the supply and demand sides, establish a stable cooperative relationship between pharmaceutical supply and marketing, maintain a good order of pharmaceutical supply and marketing, and meet the fundamental interests of the people under the provisions of the state on the supervision and management of pharmaceutical commodity quality. Based on the principle of mutual benefit and common development, we have reached an agreement on the supply and marketing and quality assurance of pharmaceutical commodities:
1. In order to ensure the legality of both parties, the supply and demand parties provide each other with valid and legal business licenses and put them on record.
2. The drugs provided by Party A must meet the current national standards. Party B has the right to supervise the quality of drugs provided by Party A, and the quality responsibility shall be borne by Party A, except that Party B has poor storage and transportation. ..
3. Party A shall not supply drugs with a validity period of six months, and Party B shall not accept drugs with a validity period of six months without special reasons or return agreement.
Four. The price of drugs provided by Party A shall be determined according to the preferential market position of Party B at each purchase, and shall follow the friendly cooperation agreement between the two parties. Party A shall give priority to Party B's supply. ..
5. Terms and methods of payment.
6. This agreement is valid for one year, from 20 14 1 year 10 to 20 14 12 February 3 1 day. If the government policy changes and is implemented, this agreement will be terminated.
7. Party A is responsible for the packaging and transportation of drugs purchased by Party B every time. Deliver to the handover place designated by Party B. The transportation and loading and unloading expenses shall be borne by Party A. ..
Eight. The list of Party A's drugs required by Party B is attached as an integral part of this contract.
Nine. Any dispute arising from this contract shall be settled by both parties through consultation. If negotiation fails, it shall be under the jurisdiction of the court where Party B is located.
X. the salesman of party a's company is not responsible for receiving cash, but directly transfers the money to party a's company.
XI。 Supplementary terms: 1. Party A supplies according to the drug plan of the demander, and the variety delivery rate reaches over 95%. If it fails to deliver the goods as required for more than three times, Party B has the right to unilaterally terminate the sales contract. Otherwise, after verification, Party B has the right to unilaterally terminate the sales contract. For the goods, if the total supply amount this year reaches 6.5438+0 million, Party B has the right to stop providing the drug supply plan.
Party A must supply the goods on time at the stipulated price, and no second bargaining is allowed. 12. This agreement is made in duplicate, one for each party, and signed and sealed by representatives of both parties.
Thirteen. The validity period of this agreement is from year month to year month.
Party A: Party B:
Signature of legal person or representative: Signature of legal person or representative:
Signing time: year month day
Part II: Model agreement on drug purchase and sale contracts. This contract was signed on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ) signed by Party B according to the following terms and conditions.
Whereas, medical institutions conduct centralized bidding for the following drugs and accompanying services, and accept bidders' bids for the above drugs (see the bidding quotation sheet for details). This contract states as follows:
1. The meanings of words and terms in this contract are the same as those in the general terms and conditions of the contract.
2. The following documents are part of this contract and should be read and interpreted together with this contract:
(1) the letter of tender and tender offer submitted by the bidder;
(2) List of drug demand;
(3) the general terms and conditions of the contract and the former schedule;
(4) Letter of acceptance.
3. The bidder hereby guarantees that it will provide medicines and accompanying services to medical institutions in accordance with the provisions of the contract and repair defects.
? The first model essay
Net finishing this article, the copyright belongs to the original author and original source?
4. See the attached table for the drugs involved in the contract.
This contract is valid for one year. During the contract period, in case of national regulations or new document resolutions, the national regulations and new document resolutions shall prevail.
6. This contract is made in quadruplicate, with Party A and Party B holding one copy respectively, and the Municipal Supervision and Administration Committee for Centralized Bidding for Medicines and Medical Devices (Consumables) and the Municipal Management Committee for Centralized Bidding for Medicines of Medical Institutions holding one copy respectively.
Party A (seal) _ _ _ _ _ _ _ _ _ _ _ _
Representative of Party A (signature) _ _ _ _ _ _ _ _ _ _ _
Date of Signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B (Seal) _ _ _ _ _ _ _ _ _ _ _ _
Representative of Party B (signature) _ _ _ _ _ _ _ _ _ _ _ _
Date of Signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Part III: Model Agreement on Drug Purchase and Sale Contract Party A:
Party B:
In accordance with the Contract Law of People's Republic of China (PRC), Drug Administration Law of People's Republic of China (PRC) and relevant laws and regulations, Party A and Party B, on the principle of voluntariness, equality and mutual benefit, enter into this contract through consultation and abide by it jointly.
Article 1 Qualification certification materials
Before signing this contract, Party A and Party B shall exchange authentic and valid copies of the following documents and affix their official seals:
(in? □? Select the middle line and cross the other line. The same is true below. )
□ Drug wholesale enterprises: drug business license, business license, tax registration certificate, drug business quality management certification certificate and organization code certificate.
□ Retail pharmacies: drug business license, business license, tax registration certificate, and drug business quality management certification certificate.
□ For-profit medical institutions: practice license and business license of medical institutions □ Non-profit medical institutions: practice license of medical institutions.
Individual retail pharmacies and medical institutions (clinics) must also provide a copy of the identity card of the actual operator (boss).
If there is any change in the information provided by Party B, it shall go through the change formalities at the quality management department of Party A immediately. ..
Article 2 Determination of Subject Matter
During the performance of the contract, the specific name, specification, place of origin, quantity and price of the goods purchased by Party B shall be subject to the contents recorded in Party A's sales outbound order, unless Party B can prove the inconsistency.
Article 3 Quality Agreement
The quality of goods supplied by Party A shall meet the quality standards stipulated by the state.
Article 4 Mode of delivery
□ Delivered by Party A
□ Party B shall raise funds by itself.
□ Entrusted by Party A and carried by a third party. The freight shall be paid by Party A, to pay the freight.
To.
Article 5 Acceptance Methods
(1) When Party A delivers the goods, Party B shall timely check whether the received goods are in conformity with Party A's sales outbound order. If the goods are found to be in short supply, damaged, etc. , shall be calculated together with the delivery personnel of Party A.. If it is a delivery error of Party A, it shall be handled according to relevant procedures after verification by Party A, otherwise it shall be deemed as acceptable by Party B..
(2) Party B shall take the initiative to check with Party A's personnel on the spot whether the goods are in conformity with Party A's sales delivery note, and whether there are any errors, and raise them with Party A's personnel in time. After the self-picked goods leave Party A's warehouse, it shall be deemed that Party B has passed the acceptance.
(3) Third-party transportation
1. When receiving goods, Party B shall check whether the documents are clean and complete, and timely check whether the number of received pieces is consistent with the contents recorded in the waybill, and whether the outer packaging of the received goods is clean and damaged. In case of any abnormal situation, Party B shall refuse to receive the goods, ask the carrier for the documents signed by the carrier and the written materials explaining the abnormal situation, and immediately negotiate with the carrier for compensation.
2. Party B shall accept the goods immediately after receiving them. If it is found that the goods received are in short supply or damaged, it shall raise an objection within 3 days from the date of receipt of the goods and provide Party A with relevant certification materials (including all goods packaging cartons, photos, etc.). ), and cooperate with relevant personnel of Party A to understand. If it is put forward within the time limit, it shall be deemed that Party B has passed the inspection.
3. If Party B finds that the goods actually received are not in conformity with the sales delivery note within 3 days after receiving the goods, it shall follow the principle of good faith, notify Party A, and solve the problem by returning the goods or making up the difference.
(IV) After receiving the goods, Party B shall sign the sales delivery document of Party A attached to the goods and hand it over to Party A's business personnel. If Party B fails to sign or submit the signed document, it shall be deemed that the goods recorded in the sales delivery document have been received and Party A has fully fulfilled its obligations as agreed.
Article 6 Method of settlement
□ Advance payment
□ Payment before delivery
□ Cash on delivery
Party B pays the annual sales in advance, and Party A pays 5% to Party B at the end of the year.
The prepaid amount is RMB (in words).
Article 7 Payment Terms
□ Transfer cheque □ Entrusted collection
□ Exchange □ Three-month bank acceptance bill
Party B shall remit (deposit) the money to the account designated by Party A according to the provisions of Article 6 of this contract, and shall not deduct any fees.
In order to ensure that the accounts of both parties are clear, Party A and Party B shall sign reconciliation books regularly, and both parties shall cooperate with each other's representatives to sign them, and shall not pass the buck without reason.
Article 8 Return and exchange of goods
1. Party B shall apply for returning goods within 20 days from the invoice date of Party A's sales outbound order, and handle it through Party A's marketing personnel after Party A's consent. All expenses arising from the return shall be borne by Party B. Without Party A's consent or without Party A's marketing staff, Party B shall not return the goods by itself. Returns are not allowed to exceed 20 days. If the goods are returned without authorization, Party A refuses, and the consequences shall be borne by Party B..
2. Party A shall accept the return of goods according to the requirements of GSP, and shall not return goods in any of the following circumstances:
(1) Goods with damaged, polluted or other abnormal packages;
(2) Goods that are inconsistent with Party A's sales delivery list, fake and shoddy goods;
(3) Goods that Party B has opened or sealed, and goods with labels;
(4) When Party B puts forward the purchase plan, Party A has stated that the goods will not be returned;
(5) Promotional goods purchased by Party B during the promotion period of Party A;
(6) Return due to falling market prices;
(7) Valuable, refrigerated, special and specially adjusted goods and special goods.
3. It is confirmed that there are quality problems in the goods sold by Party A by the state administrative organs, inspection institutions, announcements and manufacturers' notices. If Party A notifies Party B to return the goods according to the requirements of GSP, Party B shall return the goods within the required time limit after receiving the return notice. If Party B fails to return the goods as required, it shall bear the administrative responsibility and the liability for damages to the third party.
4. If Party B thinks that the goods have quality problems and asks Party A to return them, Party A can handle them according to the opinions of relevant departments after consulting the opinions of state administrative organs, inspection institutions and manufacturers.
Article 9 Force Majeure
If the contract cannot be performed or can not be fully performed due to force majeure such as national emergency call and earthquake, the other party shall be notified within five working days after the end of the force majeure, and relevant supporting documents shall be issued.
After verification, the relevant responsibilities can be reduced or exempted. If force majeure occurs after delayed performance or improper performance, the relevant responsibilities cannot be alleviated.
Article 10 Liability for breach of contract
Party B shall pay the purchase price as agreed in the contract, and shall not terminate, partially perform or delay the performance of the contract at will, otherwise it shall compensate for the losses (including interest on the purchase price, dunning fee, lawyer's fee, notary fee, etc.). ) The losses caused to Party A therefrom, and pay liquidated damages.
Article 11 Calculation method of liquidated damages
Liquidated damages = payment receivable? 5? Days of Default (from late payment date to payment date)
Article 12 Term of validity of a contract
This contract shall come into effect after being signed or sealed by authorized representatives of both parties, and shall terminate on. After the expiration of this contract, if Party A and Party B continue to cooperate, this contract shall be renewed.
Article 13 Other agreed matters: (Other agreed matters, if filled in, shall be valid only after being signed or sealed by both parties or authorized representatives).
Article 14 Any amendment and supplement to this contract shall be recorded in written form. Party A has earnestly fulfilled the obligation of informing, read all the terms of this contract from Party B, and reminded Party B of relevant risks. Party B has carefully read this Agreement and its annexes, and clearly understood the rights and obligations of both parties, and both parties are willing to earnestly perform this Agreement.
Disputes arising from the performance of this contract shall be under the jurisdiction of the people's court where Party A is located. This contract is made in duplicate, one for each party, with the same legal effect.
Party A: Party B:
Address: Address:
Tel: Tel:
Chuan Zhen: Chuan Zhen:
Year, month, sun, moon, sun.
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