(1) Party A, in violation of the provisions of this contract, purchases drugs short-listed by other means than the platform, and assumes the liability for breach of contract;
(2) if party a refuses to receive the goods or pay in breach of the contract without justifiable reasons, it shall bear the losses caused by party b; In the above two cases, Party B has the right to report to the office of the local leading group for correcting unhealthy practices in the purchase and sale of medicines and medical services.
article 9 liability of party b for breach of contract
(1) if party b refuses to supply the goods after confirming the order notice issued by party a, it shall be liable for breach of contract.
(2) if the quality of the drugs supplied by party b does not meet the relevant regulations, it shall be handled according to the relevant laws and regulations. In the above two cases, Party A has the right to report to the office of the local leading group for correcting unhealthy practices in the purchase and sale of medicines and medical services.
article 1 the parties to a contract shall not be liable for compensation for delay or termination of the contract due to force majeure. Force majeure refers to those unforeseeable events beyond the control of both parties to the contract, but does not include the breach or negligence of one party to the contract. These events include but are not limited to: war, serious fire, flood, typhoon, earthquake and other events agreed by both parties). After the event of force majeure, both parties to the contract shall notify each other of the situation and reasons of force majeure in writing as soon as possible. Unless otherwise required, both parties to the contract shall continue to perform their contractual obligations as far as practicable, and seek reasonable solutions to perform other matters not affected by force majeure. After the influence of the force majeure event is eliminated, both parties can reach an agreement to further perform the contract within a reasonable time through consultation.
article 11 modification and dissolution of the contract
if the contract cannot be performed due to the closure, suspension, merger and transfer of the pharmaceutical production enterprise, party b shall promptly notify party a and provide the certificate of the drug regulatory department at or above the provincial level, and both parties may dissolve the contract concluded on the drug. if the contract needs to be modified, it must be resolved through consultation between both parties.
article 12 for matters not covered in this contract, both parties can sign a supplementary agreement according to the above two documents and relevant laws and regulations through negotiation, and the supplementary agreement has the same legal effect as the formal contract.
article 13 any dispute arising from or related to this contract shall be settled by both parties through consultation; If negotiation or mediation fails, the parties may submit the dispute to arbitration or bring a suit in a people's court in accordance with relevant laws and regulations.
article 14 this contract shall come into effect as of the date of signing by both parties, and all matters related to online transactions during the contract period from the date of signing this contract shall be bound by this contract.
article 15 this contract shall be valid from the date of the year to the date of the year. This contract is made in duplicate, one for each party.
party a (agent's seal) and party b (seal)
authorized representative (signature)
signature date: signature date:
model article 3 of drug purchase and sale contract in drugstore
party a:
party b:
in order to do a good job in drug supply and demand, ensure drug quality and ensure the safety and effectiveness of patients' medication.
1. Drug packaging and transportation standards and Party B's qualification
1. The drugs provided by Party B shall be packaged according to standard protective measures to ensure that the drugs will not be damaged or deteriorated in transit and transported to the place designated by Party A safely.
2. A detailed packing list should be attached to the packaging box of scattered drugs, and a packing list and product certificate should be attached to the whole drug.
3. Packing boxes, labels, drug packaging, etc. shall comply with relevant national regulations, and each batch number of drugs per product specification shall not exceed 2. Each batch of drugs shall provide a quality inspection report (a copy of the self-inspection report of provincial and municipal drug control institutes or enterprises shall be stamped with Party B's fresh seal); Imported drugs (including drugs from Hong Kong, Macao and Taiwan) shall be accompanied by the quality inspection report of the port drug inspection institute and the registration certificate of imported drugs (the copy shall be stamped with the fresh seal of Party B). Party B shall transport the delivered drugs from the site to Party A's warehouse.
4. The product specifications and related materials provided by Party B must be true and reliable, otherwise Party B shall bear all the consequences. If the drugs provided by Party B involve legal disputes such as intellectual property rights and trade secret protection with others, Party B shall be responsible for them, which has nothing to do with Party A..
5. Party B must be a legitimate business enterprise that has obtained two certificates and one license (pharmaceutical business enterprise license, certificate of quality management standard for pharmaceutical business, business license) and is within the validity period. Party B shall provide Party A with a copy of the relevant license stamped with the fresh seal of the unit and have the ability to perform the contract. The drugs supplied by Party B must be produced by the enterprise that has obtained the Pharmaceutical Production License and obtained the approval number.
ii. drug acceptance
1. party b has obtained the exclusive supply qualification of the winning drugs, and party a can only purchase the clinched product selected and confirmed by it, and both parties shall not substitute other products for clinched products for any reason. When Party B provides drugs to Party A, it must ensure the quality. The drugs supplied by Party B must be completely packaged, free from moisture and pollution, and there must be no deteriorated, ineffective or counterfeit drugs.
2. when receiving the drugs, party a shall inspect and confirm the drugs, and have the right to refuse to accept the damaged, near-term drugs or other unqualified drugs and packaging found during unpacking. party b shall replace the rejected drugs in time, which shall not affect party a's clinical medication.
3. Party B must be in? Accompanying bill? The name, specification, unit price, quantity, amount, batch number, expiration date and manufacturer of each drug shall be marked on the label for Party A's acceptance.
4. if party a needs to send the accepted drugs to the drug control institute for inspection, it shall promptly notify party b in writing of the specific requirements for quality inspection. If Party B agrees to carry out drug quality inspection or Party A proves that there is a quality problem in the drug after inspection, the drug quality inspection fee shall be borne by Party B.. If there is any quality problem in the drug (with the inspection report of the local drug inspection department), if there is any fake or inferior drug, Party B shall pay compensation of 1-5 times the amount of the drug delivered, and all the consequences and legal responsibilities arising therefrom shall be borne by Party B.. And have the right to choose alternative drugs among other shortlisted drugs.
5. Party B must organize the supply according to the variety, specification and quantity of Party A's procurement plan to meet Party A's planning needs, and shall not supply goods beyond the plan or unplanned, otherwise it will be returned to Party B.. Within three days after receiving Party A's supply request (telephone or written document), Party B shall deliver the emergency medicine within five hours in case of special circumstances, and shall unconditionally provide Party A with all the medicines and accompanying services needed at that time. Party B shall notify Party A in writing in time when it encounters any situation that hinders the timely delivery of drugs. After receiving the notice from Party B, Party A shall determine whether to extend the delivery time as appropriate and whether to collect liquidated damages or terminate the contract. If Party B delays delivery without justifiable reasons, it shall pay liquidated damages to Party A.. For each day of delay in providing drugs, the penalty is the amount of drugs (delayed delivery) that should be paid? , and continue to fulfill the due delivery obligations.
6. in the process of acceptance or use of drugs, if party a finds that the varieties, specifications and quantities of drugs supplied by party b are inconsistent with the original invoices, party b shall be responsible for making up, replacing or returning them. If the drugs provided by Party B cannot be used up clinically or the validity period is about to expire, Party A may notify Party B 6 months in advance, and Party B shall return or exchange them. In case of special circumstances, Party A's consent shall be obtained.
3. In drug procurement, Party A and Party B must strictly abide by national laws, regulations and relevant provisions on centralized drug procurement, and consciously accept supervision and management.
iv. in case of price reduction of drugs purchased by party a, party b shall compensate party a according to the actual price reduction.
5. Party A shall pay the payment to Party B within 12 days after receiving the drugs and invoices distributed by Party B, and inform Party B in advance if the payment cannot be made on schedule under special circumstances, otherwise Party B has the right to terminate the contract.
VI. Force Majeure Event
1. Party B shall not be liable for compensation for delay or termination of the contract due to force majeure.
2. What is mentioned in this article? Force majeure? Refers to unforeseen events beyond Party B's control, including wars, major epidemics, serious fires, floods, typhoons, earthquakes and other events.
3. after the event of force majeure, party b shall notify party a of the situation and reasons of force majeure in writing as soon as possible. Unless otherwise required by Party A, Party B shall continue to perform its contractual obligations as far as practicable, and seek to adopt a reasonable scheme to perform other matters not affected by force majeure. After the influence of the force majeure event is eliminated, both parties can reach an agreement to further perform the contract within a reasonable time through consultation.
VII. Party B guarantees that it will provide all medicines and accompanying services to Party A in accordance with the provisions of the contract, and remedy the defects.
VIII. Conditions for dissolution of the contract meet one of the following conditions.
1. if the remedial measures taken by party b for breach of contract fail to meet the requirements stipulated in the contract, party a may send a written notice to party b and propose to terminate the contract in part or in whole.
2. Party B fails to provide drugs within the time limit stipulated in the contract or fails to perform other obligations stipulated in the contract.
3. Party B has committed serious illegal acts during the implementation of this contract.
4. Party A has terminated all or part of the contract according to the above provisions, and Party A may purchase other shortlisted varieties according to the conditions and methods it deems appropriate. Party A has the right to require Party B to continue to perform the part of the contract that has not been terminated.
5. if party b is bankrupt or insolvent, party a may notify party b in writing and propose to terminate the contract, which shall not damage or affect party a's rights.
IX. This contract is valid for 12 months, from January 1, 28 to December 31, 28. During the contract period, in case of any change in national policies or Party A's re-tendering, the contract will be automatically terminated and implemented in accordance with national regulations and new document resolutions. This purchase and sale contract is made in quadruplicate, with each party holding two copies, which shall come into effect after being signed and sealed. Matters not covered shall be settled by both parties through negotiation
Party A: (Seal) Party B: (Seal)
Legal representative of Party A: legal representative of Party B:
Year, month, day, month, year, month, day, month, year, month, month, day.