WHEREAS, the Medical Institution has conducted a centralized bidding process for the procurement of the following medicines and accompanying services, and has accepted the Bidder's bid for the said medicines (as detailed in the Bid Offer Form). This contract is hereby declared as follows:
1. Words and terms used in this contract shall have the same meaning as defined in the General Contract Terms and Conditions.
2. The following documents are part of this Contract and are to be read and construed in conjunction with this Contract;
(1) Bid Letter and Bid Offer Form submitted by the Bidder;
(2) Pharmaceutical Requirements List;
(3) Generic Contract Terms and Preceding Schedules;
(4) Notice of Award.
3. The bidder hereby warrants that it will supply the medicines and accompanying services to the healthcare organization in full compliance with the provisions of the contract and repair the defects.
4. Details of the drugs covered by the contract are given in the attached table.
5. The contract is valid for one year. During the contract period, in case of national regulations or new document resolution, it will be implemented according to national regulations and new document resolution.
6, this contract in quadruplicate, the city drugs, medical devices (consumables) centralized bidding Supervisory and Management Committee, the city's health care institutions, centralized bidding management committee of drugs, Party A and Party B each one.
Party A (seal) __________________
Party A's representative (signature) _______________
Date of signing: ______ ______ month ______ day
Party B (seal) __________________
< p> Party B's representative (signature) __________________Date of signing: ______ _______, _______
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Extended reading: Notes on the purchase and sale contract of drugs
I. Notes on the specific content of the product
1, the name should be filled in correctly, do not write the customary name or self-naming.
2, where the use of brands, trademarks of the product, should specifically indicate the brand, trademark and manufacturer.
3, specifications, refer to the corresponding material catalog, equipment catalog.
4, the number of products and measurement methods, according to the state or the competent departments of the measurement method; no provisions, according to the measurement method agreed by the two sides.
5, the price, the amount, in addition to the state regulations must be implemented in the state pricing, agreed by the parties.
(1) the implementation of national pricing, in the delivery period specified in the contract when the national price adjustment, according to the price at the time of delivery.
(2) Late delivery, in the event of price increases, according to the original price;
(3) price decreases, according to the new price.
(4) late withdrawal of credit or late payment, when the price increases, according to the new price;
(5) when the price drops, according to the original price;
6, the supply period, can be contractually agreed. Generally speaking, the pickup of the supplier to notify the pickup date shall prevail (should be given to the demand side of the necessary time en route), on behalf of the consignment of goods to the carrier for the delivery date, delivery of goods to the delivery destination shall prevail.
7, you can agree to deliver in batches.
Second, the quality and technical standards, the supplier is responsible for the quality of the conditions and deadlines
1, there are national mandatory standards or industry mandatory standards, shall not be less than the national mandatory standards or industry mandatory standards signed.
2, there is no national mandatory standards, there is no industry mandatory standards, signed by both parties to negotiate.
3, the supplier must be responsible for the quality of the product and the quality of packaging, to provide the necessary technical information or samples based on acceptance.
4, the acceptance of product quality, quarantine methods, according to the State Council approved the implementation of the relevant provisions, there is no provision 'by the parties involved in the negotiations between the two sides to determine.
Standards have national standards GB, ministerial standards, enterprise standards QB. if you want to fill in, there must be a standard code, number and standard name. General purchase and sales contracts, most of the general agreement for the national standard. If for a particular product, or product quality has special requirements, must be specifically agreed to which standard.
The agreement on the supply side of the products provided by the quality assurance period, in the guarantee period, found that the quality problems, should bear the responsibility for breach of contract, but exclude the demand side of the non-normal use of the result.
Third, delivery (pick-up) place, mode
1, the place of delivery, involving ? Subject matter delivery? , is also the demarcation point of the transfer of risk.
Delivery place, as the place of performance of the contract, it involves the jurisdiction of the contract dispute.
(1) When the agreed place of delivery and the actual place of delivery is inconsistent with the actual place of delivery, the actual place of delivery for the performance of the contract.
(2) If the parties have agreed on the place of performance of the contract, the place of arrival of the goods, the place of arrival, the place of acceptance, the place of installation and commissioning shall not be regarded as the place of performance of the contract.
2, delivery: factory delivery (pick up), destination port delivery (delivery), goods to the carrier (on behalf of the transportation) and so on. Foreign goods easy, there are specialized terms.
Fourth, the mode of transport and arrival and cost burden
1, the mode of transport is generally proposed by the demand side, can also be negotiated to determine the mode of transport, transport routes, means of transport. The general requirements are low freight, fast transportation, safe arrival of goods. If due to the supply side, the choice of unreasonable transportation routes and tools, resulting in losses, will bear the responsibility for compensation.
2, the burden of transportation costs, should be considered in conjunction with the price of goods, to be clearly agreed upon to avoid disputes.
V. Reasonable loss and calculation
The positive and negative tail difference in the number of products delivered, the reasonable poundage and the amount of natural loss in transit, the provisions of this and the method of calculation, the relevant competent authorities have detailed provisions in the contract should be clearly stated.
Our practice, generally not allowed to have the amount of difference, according to the actual amount of goods received settlement.
Six, packaging standards, packaging supply and recycling
Speaking of quality, first of all, standards, standardization is an important guarantee to improve product quality.
1, product packaging standards: according to national standards or professional standards. There is no universal way, there is no agreement, the supplier should be sufficient to protect the subject matter of the packaging method.
2, the supply of packaging, in addition to state regulations by the demand side of the supply side, the supply side shall be supplied by the supply side, can also be contractually agreed.
3, packaging recovery: agreed by the contract, and agreed recovery costs. Such as: oil drums, oxygen cylinders, etc.
VII. Acceptance criteria, methods and objection period
1. Acceptance means: full inspection, sampling, theoretical calculations, actual weighing.
2, acceptance criteria: national standards, industry standards, enterprise standards, agreed standards.
3, acceptance time: agreed on how many days should be accepted, different from the period of objection.
4, the period of objection:
(1) in the agreed inspection period, the demand side should be in the agreed period of acceptance of the number or quality of unqualified cases notify the supplier, idle notification, deemed to be the number or quality of qualified.
(2) In the written notice, it is recommended to specify the reply time of the supplier, otherwise it is regarded as defaulting to the objections and processing opinions put forward by the demand side.
(3) If there is no agreement on the inspection period, the demand side shall notify the supply side within a reasonable period after receipt of the goods if it is found to be unqualified, and it is deemed to be qualified if it is not notified within a reasonable period or within 2 years after receipt of the goods.
(4) If there is an agreement on the quality assurance period, the quality assurance period shall apply.
Note oh: the supplier knows that the products supplied have quality problems, not subject to the above notification time.
? Reasonable period? Generally speaking, varieties, specifications, models, colors and quality unqualified, for the arrival of 10 days after the written objection. Need to install and run to find out the inherent quality problems of the product, should be run within 6 months from the date of objection.
5, you can also agree in detail by whom (by which organization) is responsible for acceptance and testing and so on.
VIII, random spare parts, accessories, tools and the number of supply
For electromechanical products, should be clearly specified with the host of auxiliary equipment, accessories, ancillary products, wear and tear of spare parts, accessories and tools for installation and repair. For complete sets of supply equipment, equipment list should be clearly defined.
IX. Settlement methods and deadlines
1, settlement methods: cash, check, money order, collection and payment (payment or inspection of goods).
2. Settlement period: prepayment, cash on delivery, installment payment.
X. Guarantee
can be another guarantee contract ------ guarantee law, property law content
XI, default
(a) the supplier's liability
1, the supplier can not deliver the goods, should be borne by the demand side can not be delivered part of the purchase price of a few percent of the liquidated damages.
Tips: general products liquidated damages range of 1?5%, special products liquidated damages for 10 - 30%
A paragraph is not enough for you to understand the liquidated damages standard, a enough "liquidated damages standard"
2, the supplier of the product varieties handed over to the contract does not comply with the specifications, models, color and quality:
(1) If the demand side Agree to utilize, then according to the quality of the price
(2) If the demand side can not be utilized, the supply side shall be responsible for the package replacement or package repair, and bear the cost of repair, exchange or return.
(3) If the Supplier cannot repair or return the goods, they shall be treated as undeliverable.
3. If the supplier delivers the goods late, the supplier shall bear the liquidated damages to the demander for each day of late delivery, and bear the losses caused by the demander. Late delivery, before shipment must be negotiated with the demand side,
(1) if still needed, the supply side should be made up as usual;
(2) if no longer needed, should be notified within a few days of the supply side to reply, and for the termination of the contract
(3) late response, deemed to agree with the shipment.
4. If the supplier delivers the goods in advance
(1) If the demand side picks up the goods, it can refuse to pick up the goods.
(2) If the delivery, you can ask the supplier to bear the storage costs during the early delivery, the demand side still pay the purchase price as agreed.
(3) If the transportation costs borne by the demand side, and the contract agreed on the transportation route, means of transport, etc., the supply side unauthorized changes, should bear the resulting increase in costs.
(B) the demand side of the default responsibility
(1) the demand side of the return of goods in the middle of the supply side should be returned to the supply side to bear the return of part of the purchase price of the liquidated damages.
(2) the demand side did not provide the agreed time due to the technical information or packaging, delivery time can be postponed, but also to the supply side should bear liquidated damages. Can not provide, according to the midway return processing.
(3) The demand side of the product is not in accordance with the agreed time or notification of the time to pick up the goods, should pay liquidated damages, and bear the cost of storage.
(4) The demand side shall bear liquidated damages for late payment.
(5) The demand side in violation of the contract refused to take delivery of the goods, according to the return of goods, and bear the losses caused by the supply side.
XII, the way to resolve contractual disputes
The way to resolve contractual disputes: refers to whether the parties agreed to arbitration, or to the court.
1, if the two sides want to resolve through arbitration, it should be written by ?XX Arbitration Commission? Arbitration, the name can not be determined, is considered invalid agreement. Can not express the arbitration is not convinced, the right to sue to the people's court, it violates the ? Or arbitration or trial? Principle, resulting in the arbitration agreement is invalid, and the court to obtain jurisdiction.
2, if the parties agree to settle by prosecution, then you can agree on the court of jurisdiction. The plaintiff's place, the defendant's place, the place of fulfillment of the contract, the place where the contract is signed, the location of the subject matter. Some parties to facilitate their own litigation, it can be agreed on their own party's domicile court jurisdiction. Some to prevent the other party from suing, it is agreed by the defendant's seat court jurisdiction.
Thirteen, other
1, special agreement or additional terms: such as: wood inspection and quarantine, transportation certificates and so on.
2, delivery agreement: according to the contract requirements of the notice sent or other communications should be written in Chinese and sent by hand or fax or registered mail, the legal address of the parties to the address shall prevail.
All notices and other communications shall be deemed to have been duly served on the first of the following dates:
(1) in the case of personal service, on the date of receipt;
(2) in the case of a facsimile, on confirmation of the return;
(3) in the case of postal service, five days after the date of mailing, whichever is later;
(4) in the case of courier service, on the date of delivery. If transmitted by courier, it shall be three days after the day on which the courier sends the voucher;
If the place of service needs to be changed, a party will notify the other party in writing on the next day after the change, otherwise the other party shall be deemed to have served the instrument served at the place confirmed above, regardless of whether it is received or not.
3, the number of copies of the contract, the conditions for entry into force: how many copies? Signed and sealed to take effect? Or conditional entry into force.
4, other agreements: this contract is the complete agreement between the two parties, the previous agreement between the parties or their agents on the application of this agreement or involved in any matter or thing made all statements, negotiations, letters, promises, agreements, negotiations and contracts, whether in writing or orally, are null and void.
XIV, paragraph
Should contain: the full name of the unit, detailed address, postal code, legal representative, agent, contact phone number; account bank, account number; the date of the contract.
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