Seller: (hereinafter referred to as Party A)
Purchaser: (hereinafter referred to as Party B)
A and B in order to fully cooperate in the development of the business, in line with the principle of fairness, honesty, and credit, in accordance with the "People's Republic of China *** and the State of the Contract Law," "People's Republic of China *** and the State of the supervision and management of medical devices" and other relevant laws, rules and regulations.
Article I. Qualification Information of Both Parties
1.1 A and B shall provide each other with true and lawful copies of certificates and licenses according to the relevant state regulations: including Business License, Medical Device License, Qualification Institution Code Certificate, Tax Registration Certificate or Medical Institution Practice License. " or "Medical Institution Practice License" legal representative identification, purchaser's authorization letter and a copy of ID card (all stamped with the official seal).
If a party changes the above information, it shall promptly inform the other party in writing and resubmit to the other party the changed relevant certificates or certificates of identity of the legal representative and authorization letter. If the party fails to resubmit the changed license and relevant supporting information in time and causes economic loss to the other party, the responsible party shall bear the full responsibility of compensation.
Article 2 Term of Contract
2.1 This contract shall take effect from the date of signature and seal of A and B, and shall expire on December 31, 2016.
Article III Contract Amount
3.1 Party B promises to take Party A as one of the main purchase channels during the contract period, and guarantees that the total amount of goods purchased in Party A in the year can not be less than 10,000 yuan RMB, and the average monthly purchase volume can not be less than 10,000 yuan RMB, if Party B fails to reach the agreed average monthly purchase volume for three consecutive months (except for the month of February), Party A has the right to terminate the agreement or to reduce the credibility of Party B Re-sign a new agreement, and collect the outstanding amount of goods, if Party B does not pay the outstanding amount, Party A has the right to charge Party B five ten thousandths of one percent of the total amount owed to you.
Article IV Sales Contract
3.1 Party B authorizes Comrade , Comrade, ID No.: , (copy of ID card must be attached) as the business representative, whose authority includes the purchase and sale of medical equipment, goods inspection and acceptance, collection of invoices and reconciliation of current settlements. If Party B changes or increases the business representative, you need to issue a separate power of attorney to the Party.
3.2 Delivery, acceptance and freight
3.2.1. The following three modes of transportation are available: the two sides determined to choose the following mode of transportation
A Party A delivery to Party B warehouse (Party B should have the conditions of receipt, storage, etc.), the transportation costs borne by Party A. Party B's receipt address is , and Party B's receipt address is , and Party B's receipt address is , and Party B's receipt address is , and Party B's receipt address is , and Party B's receipt address is Party B will deliver the medical equipment to Party B's warehouse (Party B should have the conditions for receiving and storing, etc.). After Party A delivers the medical equipment to Party B's designated place of residence, Party B shall promptly organize the personnel and Party A's distribution staff *** with Party A's "sales (out of stock) review sheet" for acceptance and storage, and Party B's acceptance (receiving) personnel shall sign on the sales invoicing summary (goods handover sheet) to confirm that the goods are all signed. Party B should acceptance, such as the discovery of medical equipment name does not match, the number of zero goods is short, the number of pieces does not match or medical equipment packaging damage, Party B should be in the Party out of the warehouse within 48 hours of the Party to contact the Department of Business to confirm, contact information for: , if more than 48 hours, Party will not be admissible....
B Party A entrusted third-party logistics company consignment, transportation costs borne by the party. After the arrival of the goods, Party B shall promptly organize personnel and consignors *** with Party A's "sales (out of stock) review sheet" for acceptance into the warehouse, and Party B acceptance (receiving) personnel shall sign the consignment note to confirm that the goods are all signed, if Party B on the spot acceptance found that the name of the medical device does not match the number of zero goods is short of the number of pieces does not match the number of pieces or medical equipment packaging damage, should be handled with the consignment company for the short of the written procedures and first request the consignment of medical equipment, and then the consignment of medical equipment.
C Party B to Party A's warehouse for self-pickup, transportation costs borne by Party B. The company shall not be liable for any damages to the medical equipment.
3.2.2, Party A will be sent to the medical equipment to Party B's designated consignment address (if Party B's consignment address and consignee changes should be promptly notified in writing to Party A, otherwise the losses caused by Party A by Party B to bear all the losses), Party B did not organize a timely acceptance, and then put forward the medical equipment and the "sales (out of stock) review of the name of the medical equipment on the single", the number of short, damaged, packaging accumulation of deformation and other reasons for all the losses. The losses arising from deformation and other reasons shall be borne by Party B.
3.2.3, Party A and Party B should do a good job of payment handover procedures. If it is temporary arrears, Party B shall fill in the "arrears list" according to Party A's requirements, and Party B stamped with the company seal (or financial seal) or the legal representative's signature or Party B's delegate or Party B's employee's signature.
3.3 Supply price: Party A sells medical equipment to Party B. The price of medical equipment is shown in the attached price list of stomatology consumables, and Party A shall obtain Party B's consent to adjust the price due to market reasons and issue a price adjustment letter.
3.4 Settlement and term
3.4.1 Party A gives Party B the corresponding amount of arrears, but Party B's total arrears shall not exceed 10,000 yuan in total and must be settled on a monthly basis in the manner of Goods. If Party B's accumulated arrears reach the above amount or fail to settle the payment on time according to the above agreement, Party A has the right to stop the supply and unilaterally cancel the arrears of Party B's amount and charge Party B liquidated damages of five ten thousandths of one percent of the total amount of the arrears of the daily amount of the arrears of the total amount of liquidated damages can not exceed the total amount of the arrears of the total amount of the arrears of the arrears.
3.4.2, due to special reasons, the two sides to terminate the cooperation, Party B should be terminated on the date of termination of the cooperation to settle all the outstanding payments, such as the expiration of the outstanding amount is still not repaid, Party B should be the total amount of arrears of five ten thousandths of the day to pay liquidated damages to the Party, but the total amount of liquidated damages does not exceed the total amount of arrears.
3.5 Quality and Return
3.5.1 Party B shall store the medical devices according to the standard, and Party B shall be responsible for any change in the quality of medical devices due to Party B's own storage conditions.
3.5.2 Party A bears the responsibility for the quality of the medical equipment provided, when the medical equipment quality problems according to the quality assurance agreement signed by the two sides (subject to the statutory quality inspection department report), at the same time, Party B must be in the drug regulatory department before the penalty decision letter issued by the quality of medical equipment to inform the quality of the quality of the Party A quality management department in advance, where there is no advance notification of the fine without paying the responsibility of the party B responsible. Party B is responsible for.
3.5.3 According to the provisions of Party A's return instructions, Party B may, within two months from the receipt of Party A's medical equipment, make a partial request for the return of medical equipment, but the total amount of the return shall not be more than 5% of the amount of the goods purchased in the current batch, and without damage to the original packaging of Party A can sell the medical equipment again. (Valuable medical equipments with unit price of more than 100 RMB, customer reservation or goods purchased by our company specially for them shall not be returned). In the event of national policy requirements to stop selling the goods, in accordance with national policy. For medical equipment without quality problems, the return costs are borne by Party B itself.
3.6 Disclaimer
If Party A's salesman exceeds the scope of authorization entrusted to Party B for any commitment, resulting in Party B's loss, Party A will not be liable.
3.7 Liability for breach of contract
Party A and Party B shall honestly, objectively and comprehensively perform this contract, if one party fails to perform its obligations in time as agreed in this contract, it is a breach of contract, and the breaching party shall compensate for the losses thus caused by the abiding party;
Article V Force Majeure
4.1 When any party of the two sides can not perform the contract due to force majeure, the two sides shall promptly notify the other party in writing of the reasons for not being able to perform or not being able to perform in full, and shall provide proof of this within 15 days, and shall be allowed to postpone the performance or non-performance of this Contract upon written confirmation by the other party, and shall be partially or fully exempted from the liability for breach of contract according to the circumstances.
Article 6 Settlement of Disputes
5.1.1 If there is any dispute between A and B in the fulfillment of the contract, it shall be resolved through consultation between the two parties, and if the consultation fails, it shall be resolved by the People's Court of the place where Party A is located.
Article VII Contract Entry into Force and Others
6.1 This contract shall enter into force after it has been signed by the legal representatives and authorized agents of Party A and Party B and stamped with official seals.
6.2 Any matters not covered in this contract, by consensus between A and B, may sign a supplementary agreement as an annex to the contract.
6.3 This contract is in two copies, one for each party, both have the same legal effect.
Party A (official seal): Party B (official seal):
Address: Address:
Corporate Representative: Legal Representative:
Telephone: Telephone:
Authorized Entrustee: Authorized Entrustee:
Signing Time:
Signing time:
Time of signing:
Time of signing:
This contract is signed in two copies.