5 Selected Purchase and Sale Contracts for Medical Devices
The buyer of a contract who is delayed in receiving the contract bears the risk of the subject matter from the time of the establishment of the delay, so do you now know how the contract looks like? I'm here to share with you some selected contracts for the purchase and sale of medical equipment.
Medical Equipment Purchase and Sales Contract 1
Contracting parties:
Buyer (full name): ____
Seller (full name): ____
In order to enhance the buyer and seller's sense of responsibility to ensure that both parties to achieve their respective economic purposes, the two sides by both sides of the full consultation, and hereby enter into this contract, in order to **** with the compliance.
Article I product name, varieties, specifications and quality
1. Product name, varieties, specifications (should indicate the product's brand name or trademark): ____
2. Product technical standards (including quality requirements), according to the following items:
(1) According to the national standards;
(2) There is no national standard and there are industry standards, according to industry standards;
(3) without national and industry standards, according to enterprise standards;
(4) without the above standards, or although there are the above standards, but the buyer has special requirements, according to the buyer and seller in the contract to agree on the technical conditions, samples, or supplemental technical requirements.
(In the contract must be written in the implementation of the standard code, number and standard name. For complete sets of products, the contract should specify the quality requirements of the annex; for certain products that must be installed and operated before the discovery of intrinsic quality defects, in addition to the competent authorities provide otherwise, the contract should specify the conditions and time of quality objections; the implementation of the sampling quality of the product, the contract should specify the sampling standards used or sampling methods and proportions; in the agreed upon technical conditions need to be sealed samples, it should be Sealed by both parties *** with the sealing, respectively, for storage, as the basis for the test).
Article II of the number of products and units of measurement, measurement methods
1. The number of products: ____
2. Units of measurement, methods of measurement: ____
(The state or the competent authorities of the method of measurement of the provisions of the State or the competent authorities, in accordance with the provisions of the State or the competent authorities of the implementation of the provisions of the State or the competent authorities of the State or the competent authorities of the State or the competent authorities of no provisions, the buyer and seller to agree on. For electromechanical equipment, if necessary, should be specified in the contract with the host of auxiliary machinery, accessories, matching products, wear and tear spare parts, accessories and installation and repair tools. For products supplied in sets, the scope of supply of sets should be clearly defined, and the supply of sets of lists).
3. Product delivery quantities of positive and negative tail, reasonable poundage and in transit natural reduction (increase) in the amount of provisions and calculation methods:
Article III of the product packaging standards and packaging supply and recycling
(Product packaging, the state or the business department in charge of the technical provisions, in accordance with the implementation of the technical provisions; the state and the business department in charge of the lack of technical provisions, by the buyer and seller) agreed. Product packaging, in addition to the state provisions of the buyer's supply, the seller shall be responsible for the supply. Packaging can be used many times, should be in accordance with the competent authorities to develop the packaging recovery methods; the competent authorities have no provisions, by the seller and buyer to agree on the packaging recovery methods, as an annex to the contract. Product packaging costs, in addition to other state regulations, shall not be charged to the buyer. If the buyer has special requirements, the two sides should be agreed in the contract, the cost of packaging over the original standard, the excess shall be borne by the buyer; the cost of packaging is lower than the original standard, reduce the price of the product accordingly).
Article IV of the product delivery unit, delivery method, mode of transportation, place of arrival (including special lines, terminals)
1. Product delivery unit: _____________
2. Delivery method, according to the following item:
(1) seller delivery (the competent state department stipulates that there is a delivery method, in accordance with the stipulated) Methods of implementation; no provisions of the delivery method, according to the agreement between the two sides);
(2) seller transportation (seller transportation, should give full consideration to the buyer's requirements, agreed upon reasonable transportation routes and means of transport);
(3) buyer self-pickup and self-transportation.
3. Mode of transportation: _____________
4. Place of arrival and receiving unit (or receiver) __________________________
(If the buyer requests to change the place of arrival or receiver, it shall notify the seller forty days prior to the contractual delivery period (month or quarter). So that the seller to prepare the monthly to car (ship) plan; must be escorted by the buyer, should be clearly stipulated in the contract; buyers and sellers of the product transportation and loading and unloading, should be in accordance with the relevant provisions of the transportation department for the exchange of formalities, to make a record of both sides to sign, to make clear the responsibilities of both parties and the transportation department).
Article V. Delivery (pick-up) of products
(The delivery date of the products delivered or shipped on behalf of the buyer to the buyer to ship the products of the carrier issued by the department of the date of the stamp shall prevail, the parties have agreed otherwise, from the agreement; the contract stipulates that the buyer to pick up the products of the delivery date to the seller in accordance with the provisions of the contract notification of the date of pick-up shall prevail. The seller's notice of pickup shall give the buyer the necessary time en route, and the actual delivery or pickup date earlier or later than the date specified in the contract shall be deemed to be early or late delivery or pickup).
Article 6 Price of Products and Settlement of Payment
1. The price of the products shall be executed according to the following items:
(1) according to the government pricing;
(2) according to the government guiding price;
(3) for the products which do not belong to the government pricing or the government guiding price, or need to raise or lower the price due to special technical requirements for the products
(Implementation of government pricing or government-guided prices, in the delivery or pick-up period specified in the contract, in the event of government price adjustments, according to the price at the time of delivery. Late delivery, in case of price increase, according to the original price; in case of price decrease, according to the new price. Late pickup or late payment, in the event of price increases, according to the new price; in the event of price decreases, according to the original price. As a result of late payment and price adjustments occur in the price difference between the buyer and seller to settle separately, not offset in the original settlement amount of the collection. The implementation of negotiated pricing, according to the price of the contract).
2. Settlement of product payments: the settlement of product payments, the actual payment of transportation and miscellaneous fees and other costs, in accordance with the provisions of the People's Bank of China settlement.
(Settlement by consignment, the contract should indicate the single payment or payment by inspection. Payment by inspection of the commitment period is generally ten days, from the transportation department to the consignee unit issued a pick-up notice of the next day. Where the parties agreed in the contract to shorten or extend the period of inspection of goods, should be written in the consignment documents, the bank from its provisions.)
Article VII acceptance method
(The contract should specify: 1. acceptance time; 2. acceptance means; 3. acceptance criteria; 4. who is responsible for the acceptance and testing; 5. in the acceptance of disputes occurring after the product quality supervision authorities by which level of implementation of arbitration, etc.).
Article VIII of the product objection to the time and method
1. buyer in the acceptance, such as found in the product varieties, models, specifications, color and quality of the non-compliance with the provisions of the product, should be one side of the proper custody, one side in the __ days to the seller to put forward written objections; in the period of the consignment, the buyer has the right to refuse to pay the contract provisions do not comply with the part of the purchase price.
2. If the buyer fails to submit written objections within the specified period, the products delivered shall be deemed to conform to the contract.
3. The buyer shall not object to the decline in product quality caused by the use, storage, poor maintenance, etc.
4.
4. The seller shall be responsible for handling the buyer's written objections within __ days after receiving the objections, otherwise, it shall be regarded as acquiescence to the objections and opinions raised by the buyer.
(buyer's written objections, should state the contract number, waybill number, car or vessel, shipment and arrival date; non-compliance with the provisions of the product name, model, specifications, color, logo, brand, batch number, certificate of conformity or quality assurance certificate number, quantity, packaging, test methods, testing and inspection; non-compliance with the provisions of the product's handling opinions, as well as the parties agree on other matters that must be stated. Agreed to other matters that must be stated.)
Article IX seller's liability for breach of contract
1. The seller can not deliver the goods, the seller shall reimburse the buyer can not be delivered part of the purchase price of __% (the range of general-purpose products 1% to 5%, the range of special-purpose products for 10% to 30%) of the liquidated damages.
2. The seller delivers the product variety, model, specification, color, quality does not comply with the contract, if the buyer agrees to make use of, should be according to the quality of the price; if the buyer can not make use of, should be based on the specific circumstances of the product, the seller is responsible for the package replacement or repair, and bear the actual costs paid for repairing, exchanging, or returning the product. The seller can not repair or can not be exchanged, according to can not be delivered.
3. The seller because the product packaging does not comply with the provisions of the contract, must be repaired or repackaged, the seller shall be responsible for repair or repackaging, and bear the cost of payment. The buyer does not require repair or repackaging and require compensation for loss, the seller shall pay the buyer the unqualified packaging is lower than the value of qualified packaging. Because the packaging does not comply with the provisions of the goods caused by damage or loss, the seller shall be responsible for compensation.
4. The seller of late delivery, the People's Bank of China should be compared to the provisions of the delayed payment, according to the late delivery of part of the purchase price, the buyer to pay the late delivery of liquidated damages, and bear the cost of losses suffered by the buyer.
5. If the seller delivers the products in advance, delivers more products and products of varieties, models, specifications, colors and quality not conforming to the provisions of the contract, the costs actually paid by the buyer during the period of storage and maintenance on behalf of the buyer, as well as the losses not due to the buyer's poor storage, shall be borne by the seller.
6. If the products are wrongly delivered to the place of arrival or the receiver, the seller, in addition to being responsible for transporting them to the place of arrival or the receiver as stipulated in the contract, shall also bear all the actual costs and liquidated damages for late delivery that the buyer has overpaid as a result. The seller, without the consent of the buyer, unilaterally change the transportation route and means of transportation, shall bear the increased costs.
7. If the seller delivers the goods in advance, the buyer can still pay according to the delivery time specified in the contract after receiving the goods; if the contract provides for self-pickup, the buyer can refuse to pick up the goods. The seller late delivery, the seller shall consult with the buyer before shipment, the buyer still need, the seller shall make up for the number, and is responsible for late delivery; the buyer no longer need, should be notified within fifteen days after receipt of the seller's notification to the seller, for the dissolution of the contract, the late reply, deemed to agree to the shipment.
Article 10 buyer's liability for breach of contract
1. The buyer returns the goods in the middle of the process, the buyer shall reimburse the seller for the return of part of the purchase price of ___% (the range of general-purpose products is 1% to 5%, and the range of special-purpose products is 10% to 30%) of the liquidated damages.
2. If the buyer fails to provide the technical information or packaging materials to be delivered according to the time and requirements stipulated in the contract, in addition to the date of delivery to be postponed, it should be compared with the provisions of the People's Bank of China relating to the postponement of payment, calculated on the basis of the amount of the part of the goods to be delivered by postponing the delivery of the liquidated damages to be paid to the seller for postponing the delivery of the goods; if it can not be provided, it should be dealt with according to the midway return.
3. The buyer lifted the product is not according to the date notified by the supplier or the date specified in the contract, the buyer should be compared to the People's Bank of China provisions on deferred payment, according to the total value of the late lifting of part of the purchase price, to the seller to pay the late lifting of liquidated damages, and bear the seller to actually pay for the storage and maintenance of the costs.
4. If the buyer pays late, the buyer shall pay the seller the liquidated damages for late payment in accordance with the provisions of the People's Bank of China on deferred payment.
5. If the buyer refuses to take over the goods in violation of the contract, it shall bear the losses and fines of the transportation department.
6. If the buyer fills in the wrong place of arrival or receiver, or raises wrong objections to the seller, the buyer shall bear the losses suffered by the seller as a result.
Article 11 Force Majeure
When either of the parties cannot perform the contract due to force majeure, it shall promptly inform the other party of the reasons for not being able to perform or not being able to perform completely, and shall provide proof within ___ days to allow for the postponement of the performance, part of the performance, or non-performance of the contract, and may be partially or fully exempted from the responsibility for breach of contract, depending on the circumstances.
Article XII of the contract dispute resolution
Disputes arising in the course of the performance of this contract shall be resolved through consultation between the two parties; they may also be mediated by the local administration for industry and commerce; if the consultation or mediation fails, the dispute shall be resolved in accordance with the following ___ ways:
1. Submitted to ____ Arbitration Commission for Arbitration;
2. The lawsuit.
Article 13 Others
Liquidated damages, indemnity, storage and maintenance fees and all kinds of economic losses that should be repaid according to the provisions of this contract should be paid within ten days after the responsibility is clarified, according to the settlement method stipulated by the bank, or else they will be treated as overdue payment. If there are any unfinished matters in the contract, the two parties **** the same consultation, to make additional provisions, additional provisions and this contract have the same effect. The original of this contract in duplicate, each party to take a copy of the contract in duplicate __, sent to the bank (such as notarized or authenticated, should be sent to the notary or authentication authorities) ...... and other units to retain a copy.
buyer: ______ (signature) seller: ______ (signature)
Legal representative: ____ legal representative: ____
Entrusted agent: ____ entrusted agent: ____
Address: _______ address: _______
Bank of account: _____ Accounting bank: _____
Account number: _______ Account number: _______
Phone number: _______ Phone number: _______
Zip code: _______ Zip code: _______
____ Year_Month_Day_Ordered
Selected Purchase and Sales Contracts for Medical Devices Article 2Party A (seller): Contract No.: Place of signing: Party B (buyer): Time of signing:
According to the "Chinese People's Republic of China *** and the State Contract Law", "Chinese People's Republic of China *** and the State Construction Law" and its relevant laws and regulations, in accordance with the principle of equality, voluntariness, fairness and honesty and credit, by the A, the B side of the friendly negotiation, to enter into the contract is as follows:
The first article of the mahogany furniture Basic information on the second quality standards: each piece of mahogany furniture should be consistent with the QB/T2385-20__ the new version of "China's dark valuable hardwood furniture standard" stipulated in the name of the tree, the product identification and the actual use of materials in line with, and not less than the sample of the same quality.
Article III Payment: When ordering goods, Party A collects 20% of the total purchase price (shall not exceed 20%) of the deposit (Party B default deposit will not be returned, Party A default deposit double return), the balance of the pickup or delivery to pay off.
Article IV self-pick up the goods. Party B self-pickup, on-site inspection, full payment before picking up the goods, pick up the goods as the day of acceptance.
Article V Party A delivery, freight borne by Party A. Party B paid the purchase price of the goods. Party B to pay the full amount of the goods, signed by Party B inspection, the seller should supervise the buyer at the time of delivery of furniture trademarks, quantity and style and other appearance characteristics and the presence of "product quality book" for acceptance, the buyer found that the problem should be put forward on the spot, and by the two sides to negotiate a solution.
Article VI Liability: If Party A fails to deliver the goods according to the agreed time, Party B will pay liquidated damages of 0.5% of the total amount of the contract for each day of delay.
Article VII purchased furniture in the warranty period quality problems, Party B informed Party A, Party A within 7 days to repair or replace, repair or can not be replaced, be returned. Party B found in the use of furniture quality and quality warranty is obviously inconsistent with the replacement or return requirements, Party A shall be replaced or returned.
Article VIII of the contract dispute resolution: the contract in the course of the dispute, by the parties to the A and B negotiation; can also be mediated by the local administration for industry and commerce; negotiation or mediation fails, according to the following two ways to solve:
(a) submitted to the Arbitration Commission arbitration;
(b) according to law, to the People's Court.
Article IX of this contract in duplicate, each party to sign a copy, effective from the date of signature of both parties. During the implementation of the contract, if there are any outstanding issues, A and B negotiated another bylaw, all bylaws and this contract have the same legal effect.
Party A (signature): residence: legal representative: proxy: phone: fax: account bank: account number:
Party B (signature): residence: legal representative: proxy: phone: fax: account bank: account number:
Medical equipment purchase and sales contract selected article 3The seller (hereinafter referred to as Party A): __________________
Sell contract agreement sample 20__, for reference only, welcome to read. ID number: _______________________________
Residential address: ___________________________________
Purchaser (hereinafter referred to as Party B): __________________
ID number: ______________________________
Address: __________________________________
Party A and Party B on the purchase and sale of houses located in the matter, by full and equal consensus, voluntarily reached this contract.
First, the housing situation
1, this contract transaction of the house is located in _____ city _____ district / town ___________ village _____ group _______
2, the housing structure for the main door towards the south landing with yard, the house covers an area of about _________ ㎡, of which the house covers an area of about ___________ square meters, the yard covers an area of __________ square meters, and other ____________________________________________________________________________________________________________________________.
3, the transaction of the house by the seller fully funded the construction, the use of land for the ______ village _____ group collective land, and other villagers and the village collective consent, can be long-term possession, use. The house before the transaction for the seller complete ownership, possession, use of guesthouse to let the house.
Second, in order to ensure the effective fulfillment of this contract and the delivery and use of the house, the seller guarantees and as follows
The seller voluntarily sells the house under this contract to the buyer in accordance with the terms of this contract, and does not regret it, the quality of the house under this contract meets the needs of the residence there is no quality defects, the house under this contract and others and the village collectively there is no economic disputes. The seller only sells the house to the purchaser. After the house is sold to the purchaser, all rights and interests in the house, including the land, the house and the ancillary facilities, belong to the purchaser. For example, you can get compensation for land acquisition, demolition compensation, etc. The seller is willing to actively cooperate with the buyer to handle the relevant procedures for the property rights of the house, and is willing to actively cooperate with the buyer to fight for and maintain the rights and interests of the house.
Third, the price of the house
1, the price of the house transaction under this contract is RMB _______ million, a fixed price. The price includes the cost of the land occupied by the use of the house, the cost of the construction of the house, the value of the ancillary facilities, the value of the reasonable appreciation and the relevant taxes that should be paid.
2. The purchaser shall pay ____ million yuan to the seller in one lump sum within three days from the date of signing of this contract, and the payment shall be made by depositing it into the following bank account of the seller:
Bank of account ___________________________ account name ___________________________ account number _______________________________
3. After the purchaser has deposited the purchase price and notified the seller, the seller will immediately issue a receipt to the purchaser.
4. On the date when the purchaser pays the price according to Article 4, the seller delivers the house as well as the relevant information under this contract, and if the purchaser cannot normally occupy and use the house after paying the price, the seller shall bear the responsibility for breach of contract.
V. A and B agree to the above agreement, each without objection, no estoppel. If there is a dispute between the two sides on the matters of this contract, the two sides can not be resolved by negotiation should be the first to request the village committee, the street office to coordinate the settlement.
Sixth, the original of this contract in duplicate, each party holds a copy, from the date of both signatures and fingerprints, and continue to be effective.
Party A (signature) ___________________ Party B (signature) _________________
The witness (signature) ________________ The witness (signature) ________________
__________ year _______ month ______ day _________ year ______ month ______ day
Selected Purchase and Sales Contracts for Medical Devices 4Seller (referred to as Party A): _______________ ID card number: _____________________
Home address: _____________________ Contact: _____________________
Buyer (referred to as Party B): _______________ ID number: _____________________
Home address: _____________________ Contact: _____________________
According to the Law of the People's Republic of China on Economic Contracts, the Law of the People's Republic of China on Urban Real Estate Management and other relevant laws and regulations, Party A and Party B, on the basis of equality, voluntariness and consensus, sign this contract on the purchase of property from Party B to Party A. To party A to buy real estate to sign this contract, in order to *** with the implementation of the letter.
Article 1 Party B agrees to purchase the property owned by Party A located in ______________ in ______ city _____ district, with a floor area of _____ square meters.
Article 2 The transaction price of the said property is as follows: unit price: RMB ________ yuan/square meter, total price: RMB ___________ yuan integer (capital: ____ hundred ____ pick up ____ million_thousand_ ____ hundred ____ pick up ____ yuan integer). On the date of signing this contract, Party B shall pay Party A RMB __________ in full as deposit for the purchase of the house.
Article 3 Payment Time and Method:
1. Party A and Party B agree to pay by bank mortgage, and agree to pay the down payment (including deposit) RMB ____ pick up ____ million ____ thousand ____ hundred ____ pick up ____ whole to Party A on the day of payment of taxes and fees at the Real Estate Transaction Center, and apply for the remaining payment of the house RMB ____________ whole. Bank mortgage (if the actual amount approved by the bank is less than the aforementioned application amount, Party B shall pay the difference together to Party A on the day of tax payment), and pay to Party A on the day of bank release.
2. Party A and Party B agreed to pay the payment by one-time payment, and agreed to pay the down payment (including deposit) of RMB ____ pick up ____ million ____ thousand ____ hundred ____ pick up ____ yuan integer to Party A on the day of payment of taxes and fees at the Real Estate Transaction Center, and the remaining amount of the house payment of RMB ____________ yuan integer will be paid to Party A on the day of the completion of the settlement of the property rights.
Article 4 Party A shall deliver all the properties traded to Party B for use within ____ days from the date of receipt of the full amount of the house payment from Party B, and shall settle the _________ and other expenses on the day of delivery.
Article V Taxes and Fees Sharing
Party A and Party B shall abide by the national real estate policies, regulations, and pay the taxes and fees required to be paid for the real estate transfer procedures in accordance with the regulations. After consultation between the two parties, the transaction tax shall be borne by _______ party, and the intermediary fee and the handling fee for the transfer of property rights shall be borne by ______ party.
Article 6 Liability for breach of contract
After the signing of the contract between Party A and Party B, if Party B defaults on the contract in the middle of the process, Party A should be notified in writing, and Party A should return Party B's paid money (without interest) to Party B within ____ days, but the deposit for the purchase of the house is owned by Party A. If Party A defaults on the contract in the middle of the process, Party A should be notified in writing. If Party A defaults in the middle of the process, Party A shall notify Party B in writing and shall return to Party B within ____ days from the date of default with double of the deposit paid by Party B and the payment already made.
Article VII of this contract, such as the need for notarization, notarized by the state notary ____ notary public.
Article VIII of this contract dispute resolution: disputes occurring in the course of performance, the two sides can be resolved through consultation, litigation.
Article IX of this contract, the two sides can be agreed separately, the supplementary agreement signed by both parties and the contract has the same legal effect.
Article X of this contract in one copy. Party A, Party B, each party to sign a copy of the city real estate trading center, a notary public.
Article 11 of the other matters agreed by the parties: .
Party A (signature): Party B (signature):
Medical equipment purchase and sale contract selected article 5Party A (transferor): gender, ethnicity, age, occupation, identity card number:
Address: phone:
Party B (transferee): gender, ethnicity, age, occupation, identity card number:
address: telephone:
First, Party A will be located in the city real estate trading center. > I. Party A will be located in the personal property rights of the use of housing ownership at a price of yuan transferred to Party B. The house registration number is, household, family and friends. The house property registration number is, the type of room hall, floor area of square meters, floor for living, (positive, compartment) floor.
Second, party B shall pay a deposit of yuan to party A for the purchase of the house, and will transfer the materials required for the transfer within days of the date of the signing of this contract, or else it is regarded as a breach of contract. Party B shall complete the transaction formalities and bear all the transferring expenses before the date of January, 2012, register the ownership of the house in Party B's name, and within 7 days after the issuance of the new house certificate, Party B shall pay the balance of the purchase price to Party A at one time. On the day Party B delivers all the balance of the purchase price, Party A will transfer the house to Party C for use.
Third, after party B paid the deposit, party A before moving out, in the absence of party B's consent, party A shall not dispose of the house or divert it to other uses, and shall not arbitrarily change the use of the house, internal facilities and structure.
Fourth, after the deposit paid by Party B, in the case of transaction procedures have not been carried out, the house due to force majeure and damage caused by the government demolition or relocation of the scope of the two sides should be negotiated to solve the problem, the negotiation fails, Party A shall take the initiative to return the deposit to Party B.
Fifth, Party B shall not be allowed to dispose of the house or divert it without the consent of Party B.
Fifth, water, electricity, gas and sanitation fees, room charges, telephone, cable TV fees, public **** housing maintenance fees, property management fees and other costs settled by Party A, the costs incurred after delivery of Party B to pay, Party A, if there is any arrearage, Party B can be deducted from the balance of the purchase price or to recover from the Party A. The Party B will not be liable to pay the costs incurred after the delivery of the property. Water meter word, electricity meter word, gas meter word.
Sixth, Chen owed heating costs by Party A is responsible for a one-time settlement, the heating costs of the year of the transaction by Party B.
VII, Party B default, no right to demand the return of the deposit; Party A default, should be double the deposit to Party B compensation.
VIII. Other agreed matters.
X. Disputes arising from the fulfillment of this agreement shall be resolved through consultation between the parties concerned, and if the consultation fails, the dispute shall be brought to the People's Court in accordance with the law.
XI, this agreement in five copies, by the A and B, the notary public, the issuance of the center and the trading center to retain a copy of each, signed by Party A, Party B, effective. If any other agreement is inconsistent with this agreement, the contents of this agreement shall prevail.
Party A (signature): Party B (signature):
Date of signing: month and year