Medical Agreement 1 (Supplier) Party A:
(Demander) Party B:
In order to ensure the quality of medical device products operated by Party A and Party B, safeguard the legitimate rights and interests of consumers, improve product quality and service level, clarify product quality responsibilities and strengthen friendly cooperation, Party A and Party B have reached the following agreement through consultation in accordance with the Product Quality Law, Regulations on the Supervision and Administration of Medical Devices and other relevant national laws and regulations:
I. Responsibility of Party A
1. Party A shall provide Party B with legal and valid copies of medical device production license or medical device business license, business license, medical device registration certificate, medical device registration form, product quality standard, product certificate, product batch inspection report and other relevant materials, and affix the official seal of the enterprise.
2. Party A's business personnel shall issue the original power of attorney stamped with Party A's official seal and signed by Party A's legal representative and a copy of their ID card, and conduct business activities in strict accordance with the starting period and scope of authorization determined by the power of attorney.
3. The medical devices provided by Party A must meet the following requirements:
(1) The quality of medical devices shall conform to the national quality standards, the ex-factory qualification standards of manufacturing enterprises and the relevant quality requirements determined by national functional departments.
(2) The instructions, labels and packaging of medical devices shall meet the requirements of the Regulations on the Administration of Instructions, Labels and Packaging Labels of Medical Devices, and meet the transportation and storage requirements of related products.
4. Party A is responsible for providing product installation, maintenance and technical training services for medical devices for Party B, or contacting a third party to provide technical support for Party B .. and implementing the national regulations on "three guarantees" service and after-sales commitment of products;
(1) Party A is responsible for the transportation, installation, debugging and operation training of the products until the products can be used normally and the operators of Party B can operate skillfully.
(2) If quality problems are found during product installation, debugging and warranty period, Party A shall be responsible for timely and convenient exchange or return of goods for Party B's customers, and the specific operation links shall be determined by both parties through consultation.
(3) During the warranty period of the product, Party A shall provide necessary debugging, maintenance and technical services and related accessories within the three-guarantee service scope of the product, and the corresponding expenses arising therefrom shall be decided by both parties through consultation.
(4) After the product warranty expires, Party A shall continue to provide quality services, and the supply and maintenance costs of product accessories shall be decided by both parties through consultation.
5. Party A promises to provide the following product quality:
(1) Party A guarantees the legality and authenticity of the information provided, and Party A shall bear all the adverse consequences caused by providing false information.
(2) Party A shall be responsible for the losses caused to Party B (including but not limited to: inspection fees for this batch of products, administrative fines and confiscations by national law enforcement departments, compensation for downstream customers of Party B, and related expenses incurred by Party B in handling product quality problems, etc.) and bear legal responsibilities.
(3) When Party A receives Party B's inquiry, it shall give Party B a definite reply within 10 days after the letter (telegram) arrives, and Party A shall be responsible for the consequences caused by overdue.
(4) Party A must strengthen the protection of intellectual property rights and abide by the patent law and relevant laws and regulations, otherwise all infringement and all economic compensation shall be borne by Party A. ..
II. Responsibility of Party B
1. Party B shall provide Party A with legal and valid copies of the medical device business license, business license, organization code certificate and tax registration certificate stamped with the official seal of the enterprise.
2. Party B promises to store and transport the products provided by Party A according to the specified requirements.
3. If Party B has any questions when using the products provided by Party A, it shall contact Party A in time. If there are differences between the two parties, the conclusion made by the competent department according to law shall prevail.
4. Party B has the obligation to feed back the product quality information to Party A and cooperate with Party A to deal with the products with quality problems.
Three. Both parties have the same responsibilities and agreed terms.
1. Party A and Party B cooperate with each other to do a good job in product quality management.
2. Party A and Party B shall fulfill their respective obligations. Any dispute arising from the performance of this agreement shall be settled by both parties through consultation; If negotiation fails, any dispute arising from the product quality problems agreed in this agreement shall be submitted by either party to the people's court in the place where this contract is signed, that is, Hanyang District People's Court in Wuhan for settlement through litigation.
3. Matters not covered in the above terms shall be determined by both parties through consultation.
4. This agreement has been fully negotiated by Party A and Party B, and both parties have made clear the meaning of all terms of this agreement.
5. This Agreement is made in duplicate, with each party holding one copy. This agreement shall come into effect as of the date when the authorized representatives of both parties sign and affix their official seals.
6. The validity of this agreement is from _ _ _ _ _ to _ _ _ _ _.
Party A: Party B:
Representative: representative:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Chapter II of Medical Agreement Party A:
Party B:
In view of the fact that the patient was treated by Party A from year to year, Party A and Party B have disputes over the patient's medical problems, but both parties are willing to settle them through consultation; Based on the principles of equality, voluntariness, honesty and credit, Party A and Party B have reached the following fee agreement through full consultation for mutual compliance.
Article 1 The relevant data of this Agreement are as follows:
Average annual salary of employees in 20xx: RMB.
Average living expenses of urban residents in a city in 20xx: RMB.
Minimum living allowance for urban residents: yuan.
Article 2 Compensation items and calculation methods (omitted)
Article 3 Party A agrees to pay the sum specified in Article 2 of this agreement to Party B in one lump sum (or in installments) within × days after this agreement comes into effect.
Article 4 After Party A pays all the money agreed in this agreement, all disputes between Party A and Party B due to patients' medical problems will be terminated, and Party B shall not claim rights from Party A for any reason or in any way, otherwise Party B shall unconditionally return all the money paid by Party A, and this agreement shall not be used as the basis for claiming rights.
Article 5 This Agreement is made in duplicate, one for each party, and shall come into effect as of the date when the authorized representatives of both parties sign and seal (and notarize).
Party A: Party B:
On behalf of:
Date: Date:
Article 3 of the Medical Agreement Party A: Legal Representative: Tel: Address:
Party B: Agent: Address: Tel: Risk Warning:
There are many ways of cooperation, such as setting up a company, developing software, buying and selling products, etc. Different cooperation methods involve different project contents, and the corresponding terms of the agreement may be quite different.
The terms of this agreement are based on specific projects and are for reference only. In practice, it is necessary to modify or redraft the terms according to the actual cooperation mode, project content, rights and obligations of both parties, etc. XX company is a legally established company, which legally owns the products listed in this agreement and legally exists. (hereinafter referred to as Party B) is a sales team with rich national channels and sales experience. Through friendly negotiation between Party A and Party B, Party A agrees to appoint Party B as the regional sales team of the products listed in this agreement in China. And reached an agreement on medical device cooperation on _ _ _ _ _ _ _ _.
The mode of cooperation should be clearly agreed, especially the cooperation involving different investment methods such as capital, technology and labor services. At the same time, it is necessary to clarify their respective rights and interests, otherwise it is easy to have disputes over responsibility and profit and loss sharing in the actual operation of the project.
I. Risk warning of Party A's rights and obligations:
The rights and obligations of all parties to the cooperation should be clearly agreed to avoid wrangling in the actual operation of the project.
Once again, warm reminder: due to the inconsistency between the cooperation mode and the project content, the rights and obligations of all parties are also inconsistent, which should be formulated according to the actual situation.
1. Party A promises to sell the products agreed in this agreement as products enjoying the right to sell according to the laws and regulations of China. There are no quality and legal obstacles to the products it provides to the market. If Party B suffers any direct or indirect economic losses due to Party A's violation of this commitment, Party A shall be liable for compensation. Risk warning:
Although the contract is detailed, there is no guarantee that the partner will not breach the contract. Therefore, it is necessary to clearly stipulate the terms of breach of contract, and once one party breaches the contract, the other party can use it as the basis for recovery.
2. Party A shall provide product promotion training for Party B's sales staff.
3. Party A is responsible for the expenses of providing academic activities, expert work and making publicity materials nationwide.
4. Party A shall pay the expenses to Party B according to the regulations.
5. After signing the cooperation agreement with Party B, Party A shall not cooperate with a third party without Party B's permission.
Two. Rights and obligations of Party B
1. Party B shall legally sell according to relevant laws and regulations.
2. Party B shall have business personnel responsible for selling the products of this Agreement.
3. Party B actively plans and organizes relevant academic activities. Risk warning:
Obligations of confidentiality and non-competition should be agreed, especially for the technology and customer resources involved in the project, so as to avoid one party profiting from it outside the project or engaging in other activities that damage the rights and interests of the project.
4. Any product, technology or other information related to Party A's business activities obtained by Party B from Party A, including relevant documents, marketing strategy, pricing strategy and dealer organization, shall not be used for purposes other than this agreement, and shall not be known or used by any third party in any direct or indirect way. The confidentiality obligation shall be valid for _ _ _ _ _ years after the cooperation is terminated.
5. During the cooperation period, Party B shall not sell similar products to Party A. ..
Three. Term of Agreement This agreement shall come into effect as of the date of signature and seal by both parties.
Four. Settlement of Disputes If there are any matters not covered in this Agreement or need to be revised, it shall be revised in writing after consultation between both parties. In addition, the headings of the terms in this agreement are for convenience only and shall not be used as the sole basis for interpreting this agreement. The interpretation, validity, performance and other matters not covered in this Agreement shall be subject to the existing laws and regulations of People's Republic of China (PRC) and the principle of good faith. Disputes arising from the performance of this contract shall be settled by both parties through consultation. If negotiation fails, it can be mediated by the relevant departments; If negotiation or mediation fails, a lawsuit may be brought to a people's court, and it is agreed that the people's court where the plaintiff is located shall have jurisdiction.
Verb (abbreviation of verb) Annexes to the Agreement All annexes to this Agreement shall be regarded as a part of this Agreement. But also has the same effect on all parties to the contract.
Supplementary clauses of intransitive verbs This agreement is made in duplicate, with each party holding one copy. Party A: Legal Representative: Contact Person: Tel: Representative of Party B: Contact Person: Tel:
Chapter IV of Medical Agreement Party A:
Party B:
ID number:
According to the notice issued by the Ministry of Labor (document number: Ministry of Labor [20xx] No.479), Party A and Party B reached the following agreement on medical treatment period through friendly negotiation:
Article 1 medical treatment period
1. According to Party B's own social working years and his actual working years in Party A, with the approval of Party A, the longest medical treatment period of Party B is months, from the day of that month to the expiration or termination of Party B's medical treatment period.
2. During the medical treatment period, Party B shall provide the relevant diagnosis certificates and false bills of the designated hospitals of Party B's basic medical treatment as required by Party A. If it fails to do so within the time limit, the medical treatment period will be deemed as over. If the medical treatment expires or the labor contract does not expire at the end of the medical treatment, Party B shall go to work. If you don't go to work without approval, Party A will treat you as absenteeism.
Article 2 Labor remuneration
1. After deducting the personal contributions of social insurance and housing accumulation fund, Party A shall pay medical expenses to Party B every month according to the law, and the standard shall not be less than 80% of the minimum wage in this city.
2. The payday of Party A is every month.
Day, salary method is decided by Party A. ..
Article 3 Labor insurance and welfare benefits
1. During the medical treatment period, Party A will continue to pay various social insurance and housing accumulation funds for Party B, and individual contributions will be withheld and remitted by Party A. ..
2. During the medical treatment period, Party A will not pay other benefits to Party B except the above salary, social insurance and housing accumulation fund.
Article 4 Preventive measures
1. If Party A finds that Party B is engaged in other paid or unpaid work during the medical treatment period, it can immediately dissolve this Agreement and Party B's labor contract without paying any compensation, and may ask Party B to compensate for the losses caused to Party A. If the circumstances are serious, Party B will be investigated for legal responsibility.
2. Once the diagnosis certificate and false note submitted by Party B to Party A are found to be false or untrue, this Agreement shall be dissolved immediately, and Party A shall dissolve the labor contract of Party B without paying any compensation.
3. Party B shall still abide by Party A's labor discipline and various rules and regulations during medical treatment.
Article 5: Others
1. If Party A changes its organizational structure or other major objective matters due to business development, Party B shall agree with Party A to make corresponding changes and acknowledge that the contents of this Agreement will remain valid until the expiration of this Agreement.
2. When this agreement is terminated due to the expiration of the medical treatment period, Party B shall obey the arrangement of Party A and go to the labor appraisal department for appraisal. If Party B refuses the appraisal, it will not affect Party A's handling of Party B in accordance with relevant regulations.
This agreement is made in duplicate, each party holds one copy, which has the same legal effect.
Party A: Party B (signature):
Representative (signature):
Year after year, month after month, year after year.
Chapter V of Medical Agreement Party A: * * Hospital
Party B: * * * * (patient or his family)
In view of the fact that patient * * was hospitalized in Party A from * * to * *, Party A and Party B have a dispute over the patient's medical treatment, but both parties are willing to settle it through consultation; Therefore, Party A and Party B, based on the principles of equality, voluntariness, honesty and credibility, have reached the following expense agreement through full consultation in accordance with the Regulations on Handling Medical Accidents and relevant laws, and both parties shall abide by it.
Article 1 The relevant data of this Agreement are as follows:
* * * * Average salary of employees: RMB.
* * * * Average living expenses of urban residents: RMB.
* * * * Minimum living allowance for urban residents: RMB.
Article 2 Compensation Items and Calculation Methods
Party A agrees to compensate Party B as follows: * * * *
Article 3 Party A agrees to pay the sum specified in Article 2 of this agreement to Party B in one lump sum (or in installments) within * days after this agreement comes into effect.
Article 4 After Party A pays all the money agreed in this agreement, all disputes between Party A and Party B due to patients' medical problems will be terminated, and Party B shall not claim rights from Party A for any reason or way, otherwise, Party B shall unconditionally return all the money paid by Party A and take this agreement as the basis for claiming rights.
Article 5 This Agreement is made in duplicate, one for each party, and shall come into effect as of the date when the authorized representatives of both parties sign and seal (and notarize).
Chapter VI of Medical Agreement Party A:
Party B:
In order to implement the spirit of "taking patients as the center and improving the quality of medical services as the theme" of the Ministry of Health, publicize and standardize medical services, create a harmonious medical environment, let the people know about hospitals, correctly select the standardized hospital Zhibo Co., Ltd., make full use of the network information platform of China Hospital Information Network, and cooperate with well-known medical institutions to develop characteristic medical information services and introduce key departments and well-known experts of cooperative medical institutions. Based on the principles of honesty, excellent service and mutual benefit, both parties have reached the following agreement on the cooperation of this project:
I. Cooperation Project: Characteristic Medical Information Service
2. Cooperation time: _ _ years, that is, from _ _ _ to _ _ _ _ _.
Third, the rights and interests of cooperation.
(II) Rights and obligations of Party A
1) Abide by all the terms in this cooperation agreement, provide honest service and put patients first.
2) Free information on key departments and well-known experts cooperating with Party A will be published in China Hospital Information Network, Famous Doctors Online and China Hospital Management Magazine.
3) Establish the hospital website for Party B free of charge.
4) Establish personal websites for well-known experts in cooperation departments free of charge.
5) Do a good job in website promotion plan and network marketing.
6) Instruct doctors for Party B free of charge and refer patients to Party B for medical treatment.
7) Party A's members go to Party B for medical treatment, and Party B's referral fee is not charged.
(II) Rights and obligations of Party B
1) Abide by all the terms in this cooperation agreement, provide honest service and put patients first.
2) Provide Party A's members with a special consultation room for medical treatment free of charge, and install the bronze medal of "Visiting Department of China Hospital Information Network Members" at the door of the consultation room to facilitate Party A's members to see a doctor.
3) Be responsible for the medical registration and outpatient management of Party A's members.
4) Provide information of cooperation departments and well-known experts free of charge to ensure the authenticity of the information.
5) Party A will refer the patient to Party B for medical treatment, and Party B will charge the fees according to relevant charging standards.
6) When a member of Party A visits Party B for medical treatment, Party B will charge the registration fee for expert outpatient service according to the special outpatient service fee standard, and the fees for medicine and examination will remain unchanged.
7) Serve Party A's members, ensure the service quality, and do not prescribe drugs or accept red envelopes.
8) bear the annual network information maintenance fee of _ _ _ _ _ yuan.
Fourth, others.
1) Both parties communicate and exchange information regularly, * * * and do a good job in the service of this cooperative business.
2) After the expiration of the agreement, both parties will renew or negotiate separately depending on the business development.
3) In the process of cooperation, if there is any breach of contract, the breaching party shall be responsible.
4) Matters not covered in this Agreement shall be settled by both parties through negotiation.
This agreement is made in duplicate, one for each party, and shall come into effect upon signature.
Party A: Party B:
Handler: Handler:
Tel: Tel: MM DD YY.