Selected drug supply agreement
Selected drug supply agreement, the agreement is a very important thing, after all, in the signing of the agreement, we mainly want to protect their own interests, if the agreement is not qualified to lose the benefits of the law, their own interests are not guaranteed, and therefore should pay attention to the signing of the agreement should pay attention to the agreement of the legitimacy of the agreement, look at the drug supply agreement selected.
Drug supply agreement 1
Buyer (referred to as: Party A):
Seller (referred to as: Party B):
A and B in the spirit of equality, the principle of good faith, according to the "Chinese People's Republic of China *** and the State Law of Contracts," and other laws, rules and regulations, regulations, normative purchasing documents and centralized purchasing agency for drugs to the Party B issued by the candidate for a transaction Notice, by mutual consensus, on matters related to the following specific agreement.
I. Drug varieties, quantities, prices
(a) Purchase of drug varieties and quantities: Party A purchased from Party B drug varieties, dosage forms, specifications, quantities, etc., see the electronic order for the purchase and sale of drug varieties.
(ii) Price of drugs
1. The price of drugs submitted by Party B during the validity period of the contract must be no higher than the price confirmed in the notification of candidate for the transaction Contract No.: Signing place: Signing time: The price is the price for Party A's stocking price.
2. During the implementation of the temporary maximum retail price of the drugs sold, when the national or provincial price authorities downward price adjustments or other circumstances, the part of the unsupplied, Party A and Party B can negotiate to adjust the supply price.
Second, the quality standard
The drugs delivered by Party B must comply with the latest national pharmacopoeia or the national drug supervision and management department of the standards, and with the supply of the commitment to be consistent with the drug manufacturer with the same batch number of the factory inspection records or certificates of conformity, in order to be ready for acceptance inspection.
III. Validity Period of Drugs
(a) The validity period of the drugs delivered by Party B shall be consistent with the validity period specified in the documents.
(b) The validity of the drugs provided by Party B shall not be less than 12 months; special varieties of the two sides agreed separately.
Fourth, packaging standards
(a) Party B to provide all the drugs should be packaged in accordance with the national standard protective measures, each box should be accompanied by a detailed packing quantity list and the drug manufacturer with the same batch number of the factory drug inspection records or certificates (imported drugs should be provided with the imported drug registration certificate and port of entry drug inspection report). (Imported drugs should provide the registration certificate of imported drugs and a copy of the imported drug inspection report of the port drug inspection center, and stamped with the official seal of the business enterprise). If the assembled box pieces, the box should be accompanied by a variety of drugs according to the aforementioned requirements of the quantity list and a copy of the drug quality certification materials, and stamped with the official seal of the distribution company.
(ii) Special requirements:
V. Distribution services
Distribution provided by Party B or organization to provide Party B according to the contract requirements of Party A to provide or organize distribution services, each time and number of distribution to Party B to receive Party A's supply notification shall prevail. In principle, the delivery shall be made within 36 hours after Party B receives the notification of supply, and the first aid and expedited supply shall be made within 4 hours. (See Article 11 for details)
Six, accompanying services
Party B shall provide or organize the following accompanying services at the request of Party A:
(a) on-site handling of medicines or warehousing;
(b) to provide medicines opening or packaging utensils;
(c) to the incoming acceptance inspection (c) Replace in a timely manner the drugs found to be damaged, with expiry date less than 12 months or not in line with the special agreed period, and other drugs in substandard packaging;
Acceptance:
(d) Provide free on-site explanations or trainings on the clinical application of the supplied drugs at the designated place (within the scope of medical services of Party A).
VII, the rights and obligations of both parties
(a) Party A must be contractually agreed to purchase the varieties of drugs sold; in addition to the provisions of the fourth paragraph of this article, Party A shall not purchase other non-transferable medicines to replace the varieties sold.
(b) Party A must be within the time specified in the contract, according to the actual number of medicines in stock in a timely manner to settle the payment; and in the goods, tickets and acceptance within 60 days after the settlement of payment.
(c) Party A in the receipt of drugs, should be the same day of acceptance of the drugs into the warehouse, the drugs provided by Party B does not meet the contractual requirements of varieties, quantity and quality of the part, Party A has the right to refuse to accept.
(d) Party A has evidence that the drugs delivered by Party B do not meet the quality standards (subject to the test results of the provincial and municipal drug supervision departments) or delayed delivery and other non-delivery of the contract, you can notify Party B in writing to terminate the supply of the drug; and may be procured separately for alternative medicines; at the same time, will be selected to replace the name of the drug transaction, the price, the list of quantities, or the alternative procurement of alternative medicines. Agreement, within seven days by Party A to send Xuzhou City Drug Centralized Bidding and Purchasing Management Office and Drug Centralized Purchasing Agency each a copy for the record. (See Article 11 for specific practices)
(e) Party B must distribute or organize the distribution of the drugs of the transaction and provide accompanying services in accordance with the contractual varieties of drugs, quantity, quality requirements and deadlines.
(F) Party B shall ensure that Party A, when using the transaction drugs, there is no dispute over intellectual property rights such as patent right, trademark right or protection period of the drugs, if any dispute arises, Party B shall deal with the dispute on its own and bear the responsibility.
(VII) Party A and Party B shall not transfer their contractual obligations without the written consent of Xuzhou City Drug Centralized Bidding and Purchasing Management Office.
(viii) Party B supply drugs in the process of hospital use, due to reports, sampling and other inspections of quality problems, belonging to the responsibility of the production and operation of the enterprise, the consequences of being penalized by the drug supervision and management department, Party B is responsible for.
VIII, liability for breach of contract
(a) Party B to provide drugs do not meet the contractual quality, duration and other requirements, causing losses to Party A, Party B shall compensate for the losses.
(ii) Party B does not fulfill this contract or fails to fulfill the contract as agreed in the contract, Party A may require Party B to pay the performance bond. Party B for each delay of 7 days, the performance bond for late delivery of drugs 5% of the purchase price, until the delivery or provision of services; Party B in the payment of performance bond, Party A requires the continuation of the contractual obligations, but also shall fulfill the due obligations. Performance bond is not enough to make up for the loss of Party A, Party B shall otherwise compensate for the loss.
(3) In addition to the reasons agreed in Article 7, paragraph 4 of this contract, Party A does not fulfill this contract or purchases other brands of non-transaction drugs to replace the transaction varieties, it should be based on the amount of non-performance of this contract or the replacement of the amount of the transaction of the same number of drugs 5% of the amount of the performance bond to Party B. The performance bond is not enough to compensate for the loss of Party B. The performance bond is not enough to compensate for the loss of Party B. If the performance bond is not enough to compensate for Party B's loss, Party A shall compensate for the loss separately.
(d) Party A fails to pay the payment to Party B within the period agreed in the contract, Party B may request Party A to pay the performance bond. Party A for each delayed payment of 7 days, the performance bond for the unpaid amount of 5% of the purchase price, until Party A to pay the amount payable, but the performance bond up to a maximum of not more than 50% of the amount of the unpaid amount of the purchase price; when the amount of unpaid amount of Party A to reach the agreed amount of the contract of 50%, Party B can be in writing to notify Party A to terminate the contract, and at the same time, in writing, to the centralized bidding for Xuzhou City, Xuzhou City, the Drug Purchasing Management Office report.
Nine, the contract comes into force and the contract period
This contract shall come into force after both parties have signed and sealed it. The period of validity shall be from the date of entry into force of the contract to the next procurement cycle.
Tenth, the contract dispute resolution
The contract in the performance of disputes between the two parties to negotiate a solution; can also be applied to the business administration contract mediation organization mediation. Consultation or mediation fails, the parties can be submitted to the Xuzhou City Arbitration Commission in accordance with relevant legal provisions of arbitration, or to the People's Court.
XI, other agreed matters:
(a) the temporary maximum retail price of the drugs sold during the implementation of the national or provincial price authorities downward adjustment of the retail price is lower than the procurement of the temporary maximum retail price, on the part of the unsupplied, Party A commissioned Xuzhou City, centralized bidding for procurement of medicines management office to unify the negotiation with the B side adjusted The price of the supply transaction.
(ii) Party B's supply shall be subject to the electronic order form sent by Party A on the Jiangsu Provincial Drug Procurement and Supervision Platform.
(3) Party A shall apply for record purchase in accordance with the prescribed procedures when Party B's normal supply is unavailable and there are no other candidate varieties for replacement.
(d) Other agreements: (filled in by Party A and Party B).
XII, Supplement
(a) If there are any outstanding issues in this contract, or the supplier due to the purchaser's early return, purchase of larger quantities, etc., after consultation between the two sides can sign a supplemental agreement on the contract for the purchase and sale of medicines, the supplementary agreement shall not contravene the procurement documents and the substance of this contract. The supplementary agreement shall have the same legal effect as the contract. At the same time, by Party A within seven days of the supplemental agreement, reported to the Xuzhou City Drug Centralized Bidding and Purchasing Management Office.
(b) This contract is in four copies, one for each party, one for the centralized purchasing agency and one for the Xuzhou Municipal Drug Centralized Bidding and Purchasing Management Office.
(3) intentional violation of this contract and the conclusion and fulfillment of the contract in violation of the law, the parties shall promptly report in writing to the administration for industry and commerce.
Party A (official seal): _________ Party B (official seal): _________
Legal Representative (Signature): _________ Legal Representative (Signature): _________
_________ ____ ____ _________ ____ _________ Day
Drug Supply Agreement 2
Party A:
Party B:
In order to strengthen the management of the supply and marketing of medicines, clear responsibility, do a good job in the supply of medicines to ensure the quality of medicines, and better serve the health of all people. According to the provisions of the relevant drug management and related laws and regulations, in accordance with the principle of equality and mutual benefit. The two sides of the friendly negotiation, the conclusion of this contract, in order to trust and abide by.
Article I. Contents of medicines
1. The medicines supplied by Party A, its name, model and quantity must be consistent with Party B's requirements.
2. The quality of medicines supplied by Party A must comply with the national drug standards, and provide Party B with true and effective relevant information.
Article II supply period
Party B puts forward the drug plan, Party A should be provided within two days of the supply price, the two sides negotiated to determine, Party A must be supplied within three days (for emergency special drugs must be supplied within 24 hours), without delay.
Article IV Price and Settlement
1, Party A strictly in accordance with the national drug price limit supply, Party B should be in accordance with the corresponding provisions of the National Price Law sales of Party A supplied drugs.
3, Party B in the monthly 25-30 between the settlement of Party A in the month for the supply of drugs payment, the month back to 50,000 ≤ the month back to & lt; 80,000, Party A returned to Party B 1% of the money back. When the return of the month ≥ 80,000, Party A returned to Party B 2% of the return. (Note: Late payment does not enjoy the preferential policies)
Article V Acceptance Method
Party A delivery must be done with the same goods list.
Article V Quality and Responsibility
1, the two sides must be a complete proof of legal production and operation of enterprises, need to provide a stamped copy of the certificate, strict implementation of the GSP, GMP to ensure the quality of medicines, to ensure that all people with medication safety, effective.
2, the process of drug supply and marketing, strict compliance with national policies and relevant provisions of the law, to safeguard the legitimate rights and interests of both parties, to comply with the socialist business ethics, and conscientiously implement the norms of pharmaceutical services.
Article VI Responsibility for breach of contract
1, Party B shall repay Party B for late payment of liquidated damages for late payment, calculated at 3% of the unpaid amount/day.
2, Party B refuses to take over the goods in violation of the contract provisions, shall bear the resulting losses
3, Party A can not deliver the goods on time, shall be reimbursed to Party B for liquidated damages, according to the total amount of goods 3 % / day.
4, Party A delivered drugs varieties, models, quality, not in line with the contract provisions of the Party is responsible for the exchange, otherwise it will be dealt with by the failure to deliver.
Article VII Other
1, dispute resolution: Where the validity of this contract, fulfillment, interpretation of all disputes, the two sides should be the first to solve the problem through friendly consultation, consultation fails, both sides can be based on the "Chinese People's Republic of China **** and the State Contract Law" to the local people's court.
2, A and B shall strictly abide by this contract, shall not change or cancel the contract at will, any party to change the contract, shall notify the other party in writing, by mutual consensus, to reach a written opinion can be changed.
3. Please refer to the Contract Law for any matters not covered in this contract.
4, this contract from the time of signature, seal, *** two copies, A and B each take one.
Party A (official seal): _________ Party B (official seal): _________
Legal representative (signature): _________ Legal representative (signature): _________
_________ ____ month ____ day _________ year ____ month ____ Day
Drug Supply Agreement 3
Party A:
Party B:
In order to build a new order of honesty and fairness in the purchase and sale of medicines, to maintain the results of the centralized bidding and procurement of medicines, to improve the distribution rate of essential medicines and to meet the needs of clinical use of medicines, according to the "Contract Law" the contract is signed by the two sides through consultation, as follows:
I, Party A's responsibility
(a) Party A guarantees that through the Henan Provincial Hospital Bidding and Purchasing Network from Party B to purchase drugs agreed upon by the two sides within the procurement catalog. All the drugs, non-agreed by Party B, shall not be purchased from other companies.
(2) Party A, according to the situation of drug use, the monthly procurement program is generally not more than twice, the same species generally shall not exceed three specifications. Party A should give full consideration to the clinical emergency needs, and prepare enough emergency drugs.
(C) Party A provides the establishment of the drug turnover warehouse premises and staff, Party B share the cost of infrastructure and essential office supplies, five thousand yuan (5,000 yuan) per company, Party A to ensure that the funds in place in accordance with the requirements of the drug regulatory authorities to establish the drug turnover warehouse.
(D) Party A in the contract agreed upon the number, specifications, amount and time limit within the scope of Party B distribution of qualified winning products, shall not be rejected or returned for non-justifiable reasons.
(5) Party A shall not take more than 30 working days from the date of receipt of the invoice to settle the payment.
(F) Party A has the right to evaluate the quantity, specification, amount, and timeliness of the drugs delivered by Party B. The company has the right to evaluate the quality of the drugs delivered.
Second, Party B's responsibility
(a) Party B ensures that in accordance with the "Henan Provincial Medical Institutions Drug Centralized Bidding and Purchasing List" under the negotiation between the two sides agreed to the purchase of drugs directory and the contents of this contract, to provide Party A with qualified bidding for the drugs.
(b) Party B is required to provide Party A with the appropriate stock of medicines to meet the principle of drug turnover, so that Party A can receive the required medicines in a timely manner, the ownership of the stock of medicines belongs to Party B. In the contract performance period, the stock of medicines shall not be put forward to the request for payment. During the period of contract fulfillment, there is no demand for payment for the stocked drugs.
(C) Party B should have the ability to meet the provision of Party A agreed upon by the two sides of the drug procurement catalog of all drugs, to ensure timely and adequate supply, due to market supply or drug manufacturers, can not be distributed varieties, to be notified in advance of a month to stop the online procurement, the two sides to negotiate a solution. If the same variety of different origins or specifications are exchanged, the two sides sign the Memorandum of Exchange between XXX Company and XXXXXXXXX Health Center for Distribution of Basic Drugs (Attachment 1). If the distribution of the drugs that have been negotiated and agreed upon is terminated, the two sides sign the Memorandum of Termination of Distribution of Basic Drugs between XXX Company and XXXXXXXXX Health Center (Attachment 2). If the distribution of the newly-added drugs is increased, the two sides sign the Memorandum of Distribution of Basic Drugs between XXX Company and XXXXXXXXXXX. (Annex 3)
(d) The time and quantity of Party B's supply shall be subject to Party A's purchasing plan or contract, and the delivery time of first aid medicines or medicines for emergency situations shall not be more than 4 hours, and the delivery time of general medicines shall not be more than 48 hours.
(E) Party B is solely responsible for the quality of the winning drugs, and is obliged to provide Party A with the required drug qualification documents. Party B is fully responsible for any problems arising from the quality of the drugs.
(F) Party B is required to pay Party A a contract fulfillment deposit of twenty thousand yuan ($ 20,000) Party A in Party B contract fulfillment period within 30 working days in accordance with the contract agreed to be returned to Party B (without interest)
Third, other
(a) Party A and Party B **** with the establishment of the basic drug distribution coordination group (), the members of which are listed in Annex 5, **** with the establishment of the basic drug distribution coordination group. The list of members is attached as Annex 5), *** with the supervision of the fulfillment of the responsibilities of the A and B parties, coordination and handling of the two sides of the distribution of medicines and payment of the problems that exist.
(b) drug turnover library by the A and B *** with the management, Party A should ensure that the safety of the library, facilities and equipment in line with the requirements of the drug regulatory authorities, Party B should ensure that the amount of drugs in stock to meet the clinical needs of Party A, regularly check the validity of the stock of drugs, timely update, to eliminate the emergence of expired and ineffective drugs. For more than two months of slow-selling drugs varieties by the distribution company to deploy the recovery.
(3) Party B shares the monthly operation and management costs of four thousand yuan (4,000 yuan) according to the proportion of the amount of the month's drug distribution, and Party A is responsible for the procurement of drugs for hospitals and village health centers.
(4) Party B did not inform Party A in advance according to the contract and did not sign a memorandum of agreement, drug distribution is not in place (including distribution of quantity, quality, timeliness), each species, each time, a fine of one hundred dollars ($ 100), and another penalty of 10% of the amount of the current distribution of untimely drugs. The fine is deducted from the deposit paid by Party B. After the deposit is deducted, the contractual relationship will be automatically terminated (see Annex 6) The worst distribution company, Party A has the right to unilaterally terminate the contractual relationship at any time.
(E) In case of superior policy adjustments or other irresistible factors to the contract can not be performed, according to the relevant policies.
(F) This contract is valid for one year, from 20xx to 20xx month to month.
Fourth, breach of contract
(a) A and B breach of contract in accordance with the relevant provisions of the Contract Law.
(b) the contract is not exhausted by the two sides to decide.
(3) This contract is in duplicate, A and B each party to sign a copy. Attached to the six annexes.
Party A: (seal) Party B: (seal)
Representative of Party A: (signature) Representative of Party B: (signature)
Date of signing.