Agreement to supply refers to the agreement to supply suppliers and agreement products through public bidding to determine the validity period of the agreement, the purchaser directly or through negotiation or request for quotations and other ways to sign a supply contract with the agreement supplier of a form of procurement. The following is the hospital supply agreement model that I brought.
Hospital supply agreement model 1
Party A:
Party B:
In order to implement the "Regulations on the Administration of Medical Devices", "Product Quality Law" and the relevant provisions of the State, to ensure that the quality of medical equipment, implantable supplies (hereinafter referred to as devices, supplies), to ensure that the people's safety. In accordance with the principle of equality and mutual benefit, the two sides through friendly consultation, to enter into this contract, in order to abide by.
Article 1: The name, specification, quantity and expiration date of instruments and consumables
The name, specification and quantity of instruments and consumables supplied by Party B must be consistent with Party A's requirements.
The final selection and use of the instruments and consumables shall be decided by Party A.
The expiration date of medical instruments and consumables supplied by Party B should be more than one year before the expiration date (need to comply with the same time: production of no more than two years).
Article II: Instruments, consumables document requirements
1. Party B must be in accordance with the "Regulations on the Management of Medical Devices" and other standard requirements, to provide the company qualification materials in line with the requirements of the state, provincial and municipal Food and Drug Administration, as well as the supply of products for the manufacturer's qualification materials.
Including but not limited to: "Business License for Enterprise Legal Person", "Medical Device Manufacturing/Business License", "Product Registration Certificate", "Product Certificate of Conformity", Quality Assurance, single-use products with the same batch of inspection reports, authorization letter and copies of ID cards of sales personnel (copies need to be stamped with a fresh seal).
2. Party B to provide a variety of documents must be complete, true and effective.
Contract period when the replacement of Party B's documents should be replaced in a timely manner to provide Party A with a replacement of valid documents.
3. Imported products need to be provided with a supplier of quality inspection agency or quality management organization stamped with the original seal of the "People's Republic of China **** and the State Medical Device Registration Certificate", "imported medical equipment port inspection report" copy.
Article III: the quality of devices, consumables and products of the quality requirements of Party B's responsibility
1. Party B to Party A commitment to the supply of devices, consumables, the quality of its full compliance with the standards set by the State Food and Drug Administration to ensure that the supply of devices, consumables, is a complete license, good quality, reasonable cost-effective, after-sales service to protect the product.
Party B undertakes to: resolutely put an end to the license incomplete, counterfeit, shoddy, expired, near-effect, invalid, out of or unqualified products sold to Party A, or Party B bear the legal responsibility for all the consequences.
2. Party B's supply of instruments and consumables into the hospital, should be subject to the national, provincial and municipal authorities of the relevant industry sampling or inspection.
In the sampling or inspection process due to Party B's products, licenses, labels, quality and other issues resulting in forfeiture of matters by Party B to bear the corresponding legal responsibility.
3. Party B's supply of product packaging must comply with the relevant provisions of the state and product transportation requirements, arriving at the Party apparatus, consumables, packaging missing or damaged, Party B is responsible for replenishment or replacement, Party A no longer pay any fees to Party B.
4.
4. All economic losses (including but not limited to: diagnosis and treatment costs, surgical costs, material costs, compensation for patients or their relatives due to personal injury compensation for all costs) caused by Party B due to Party B's supply of instruments, consumables, medical accidents or disputes arising from defects in the quality of the license, etc. shall be borne by Party B;
Article 4: Supply period
1. Party B received the procurement plan of Party A's General Affairs and Equipment Section, shall be in the time specified by Party A, according to the plan to deliver to Party A.
Do the goods, tickets, "Certificate of Conformity", the batch of products with the same inspection report (out of the warehouse documents should be clearly contained: name, model, batch number, expiration date, manufacturer, approval number, etc., for the acceptance of Party A registration).
Party B should cooperate with Party A management personnel to check the physical and procurement plan in line with the physical and bills in line with the problem of timely adjustment or replacement.
2. First-aid instruments, consumables, Party B must be immediately supplied without delay (no later than 72 hours to reach Party A).
3. Instruments and consumables delivery costs are the responsibility of Party B, and Party B is responsible for any damage during transportation.
Article 5: Price and settlement
1. Party B undertakes to comply with the relevant price policies of the State and Sichuan Province and strictly implement the results of competitive price negotiations with Party A. Party B undertakes to supply Party A with prices not higher than the same area, the same level of hospital prices, higher part of Party A has the right to refuse to pay;
The consequences of errors in the price of the products supplied by Party B will be borne by Party B; due to the price of the products supplied by Party B, Party B is liable for the consequences of errors in the price of the products. Party B is responsible for; due to national price policy adjustments and losses caused by Party B is responsible for.
2. After Party A accepts the products, it should notify the clinical departments in a timely manner to avoid expiration, failure, and backlog.
3. Party B in the use of the products supplied by Party B (products should be no quality problems, and licenses and invoices and other formalities, reasonable price, no other disputes) within 180 days of payment.
Article VI Liability for breach of contract
Party A and Party B shall consciously abide by the agreement of this contract.
1. If Party B violates the agreement of Article 1, Article 2, Article 3, Article 4 of this contract or Party A can not contact Party B, Party A can contact other suppliers to supply.
If Party A does not accept Party B's reasons, Party A may unilaterally terminate this contract, and this contract will no longer be performed.
2. If Party B delivers instruments, consumables, varieties, models, quality, quantity does not meet Party A's requirements, Party B is responsible for replacement, or Party B can not be delivered on time.
If the product exchange still does not meet the requirements of Party A, Party A can contact other suppliers to supply.
3. If Party B fails to deliver on time for more than three times, Party A has the right to unilaterally terminate this contract, and this contract will not be performed.
4. If Party B needs to terminate the fulfillment of this contract due to special circumstances, Party A must be notified in writing 15 working days in advance.
Article VII Other
1. Party B undertakes that the instruments and consumables supplied by Party B belong to the listed varieties on the Sichuan Pharmaceutical Procurement and Supervision Platform, or Party A has the right to refuse to pay for the goods.
2. Party B shall unconditionally return the goods within the validity period of the quality when Party A requests to return the goods; Party A shall not bear any economic loss.
3. Party A personnel shall not in any form to Party B to ask for bribes, accept x.
Party B shall not use x means of selling products.
Party A will establish an integrity file for Party B, which will be used as an important basis for whether to renew the contract.
4. Dispute resolution: All disputes arising from the validity, fulfillment, interpretation of this contract, the two sides should first be resolved through friendly consultation.
When the consultation fails, both parties may sue to the People's Court of Jiejiang County according to the Contract Law of the People's Republic of China*** and the State.
5. A and B shall strictly abide by this contract, shall not change or terminate the contract at will, any party to change the contract, shall notify the other party in writing, by mutual consensus, reach a written opinion before change.
6. This contract is valid for half a year, if Party A has to carry out competitive negotiation or bidding for implantable consumables/medical devices within half a year due to the work needs, and does not sign a contract with Party B after negotiation or bidding, this contract will be terminated by itself (but Party B is still responsible for the quality of the products already used).
7. This contract is in triplicate, Party A holds two copies, Party B holds a copy, with the same legal effect.
This contract is signed by the representatives of the two sides and stamped with the seal of the two sides after the entry into force.
Party A (official seal): _________ Party B (official seal): _________
Legal representative (signature): _________ Legal representative (signature): _________
_________ ____ ____ _________ ____ _________ Day
Hospital supply agreement model 2
To conclude the contract between the two sides:
Purchasing unit: _________, hereinafter referred to as Party A;
Supply unit: _________, hereinafter referred to as Party B.
After full consultation between Party A and Party B, we hereby enter into this contract in order to *** with compliance.
Article I. Name, variety, specification and quality of the product
1. Product name, variety, specification: _________.
(The brand name or trademark of the product should be indicated)
2. The technical standards of the product (including quality requirements), in accordance with the following ( ):
(1) according to the national standards;
(2) according to the implementation of the ministerial standards;
(3) by the A and B agreed on the implementation of technical requirements.
(In the contract must be written in the implementation of the standard code, number and name of the standard.
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 the quality of the objections; the implementation of the quality of the sampling test products,
The contract should specify the sampling standard or sampling method and proportion; in the agreed upon Technical conditions need to be sealed samples, should be sealed by both parties *** with, respectively, custody, for the basis of the test).
Article II of the number of products and units of measurement, measurement methods
1. The number of products: _______.
2. Unit of measurement, method of measurement: ______.
(If the state or the competent department has regulations on the measurement method, it shall be implemented according to the regulations of the state or the competent department; if the state or the competent department does not have any regulations, it shall be agreed by both parties.
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 a list of supply of sets should be proposed.)
3. Positive and negative tail difference in the number of products delivered, a reasonable pound difference and natural reduction (increase) in transit regulations and calculation methods: ________.
Article 3 Product packaging standards and the supply and recycling of packaging _______.