Project Name: ______________
Project Number: ________________
Party A: (Buyer) ____________________ Hospital
Party B: (Seller) ___________________ Company
Parties A and B sign this contract based on the results of (project name, project number).
I. Contents of Goods
1. Name of Goods:
2. Model Specification:
3. Quantity (Unit):
II. Contract Amount
The amount of this contract is (in capitals): ______________ (￥ ______________) RMB.
Third, technical information
1, Party B shall provide Party A with relevant technical information on the use of the goods in accordance with the time specified in the bidding documents.
2. Without Party A's prior written consent, Party B shall not provide the relevant contract or any contractual provisions, specifications, plans, drawings, samples or information provided by Party A to any other person not related to the performance of this contract. Even if provided to persons concerned with the performance of this Contract, it shall be kept confidential and limited to the extent necessary for the performance of the Contract.
IV. Intellectual Property Rights
Party B shall ensure that the goods supplied, or any part thereof, do not infringe the intellectual property rights of any third party.
V. Title guarantee
Party B guarantees that the ownership of the delivered goods belongs entirely to Party B and is free from any mortgage, seizure and other title defects.
Sixth, subcontracting or subcontracting
1, the scope of this contract shall be directly supplied by Party B, and shall not be transferred to others for supply;
2, Party B shall not subcontract all or part of the scope of the contract to others for supply of the goods, unless Party A agrees in writing;
3, if there is any transfer and subcontracting without Party A's consent, Party A has the right to Terminate the contract, confiscate the performance bond and pursue Party B's responsibility for breach of contract.
VII. Delivery Period, Delivery Method and Delivery Location
1. Delivery Period:
2. Delivery Method:
3. Delivery Location:
VIII. Payment for Goods
1. Payment Method:
2. When the quantity of purchased goods is not the same as that of the actual used quantity, Party B shall supply goods according to the actual used quantity. The final settlement amount of the contract shall be calculated by multiplying the actual usage quantity by the transacted unit price.
Nine, taxes
The implementation of the contract related to all taxes are borne by Party B.
Ten, quality assurance and after-sales service
1, Party B shall provide Party A with unused brand-new products according to the performance, technical requirements and quality standards of the goods stipulated in the bidding documents.
2, Party B provides the goods in the warranty period due to the quality of the goods themselves failures, Party B shall be responsible for free replacement. For those who can not meet the technical requirements, according to the actual situation, after consultation between the two sides, can be dealt with as follows:
(1) Replacement: Party B shall bear all the costs incurred.
(2) Devaluation treatment: pricing by mutual agreement between Party A and Party B.
(3) Return treatment: Party B shall refund the contract sum paid by Party A, and shall also bear the direct costs of the goods (transportation, insurance, inspection, interest on the payment and bank charges, etc.).
3. If quality problems occur during the use, Party B will arrive at Party A's site within hours after receiving Party A's notice.
4, in the warranty period, Party B shall be responsible for the quality and safety of the goods to deal with the problem and bear all the costs.
5. The free warranty period of the above mentioned goods is one year, and the failures due to human factors are not covered by the free warranty. Over the warranty period of machinery and equipment, lifelong maintenance, maintenance, only the cost of parts charged.
Eleven, commissioning and acceptance
1, Party B submitted to the goods based on the technical specifications of the bidding documents and the relevant national quality standards for the initial acceptance of the site, appearance, instructions in line with the technical requirements of the bidding documents, to give a signature, the initial acceptance of the unqualified not to sign. After the arrival of the goods, Party A needs to accept within one working day.
2, Party B should make a comprehensive inspection of the product before delivery and acceptance of the document to organize, and list, as Party A acceptance and use of the technical conditions based on the inspection results should be handed over to Party A with the goods.
3, Party A of the goods provided by Party B before the use of debugging, Party B is responsible for the installation and training of Party A's use of the operator, and to assist Party A together with the debugging, until it meets the technical requirements, Party A to do the final acceptance.
4, for technically complex goods, Party A should ask the state-recognized professional testing organizations to participate in the preliminary and final acceptance, and the quality of the inspection report issued by them.
5. Party B must be present at the site during the acceptance, and make a report on the acceptance result after the acceptance is completed; the acceptance cost shall be responsible by Party B.
Twelve, packaging, shipping and transportation of goods
1, Party B should be before the shipment of goods to meet the transport distance, moisture-proof, shock-proof, rust-proof and breakage-proof loading and unloading requirements of packaging to ensure that the goods are safely transported to the location designated by the Party.
2. Instruction manuals, quality inspection certificates, accompanying accessories and tools, and lists are attached to the goods.
3, Party B will notify Party A within 24 hours after the completion of the goods shipment procedures or 48 hours before the arrival of the goods to Party A, in order to prepare for the receipt of the goods.
4, the risk of the goods occurring before delivery to Party A are Party B's responsibility.
5. The goods shall be deemed to be delivered when they are delivered by Party B to the place designated by Party A within the specified delivery period, and Party B shall notify Party A that the goods have been delivered at the same time.
Thirteen, breach of contract
1, Party A refuses to accept the goods without good reason, Party A to pay Party B five percent of the total value of the refusal of liquidated damages.
2, Party A late acceptance and payment procedures for goods without reason, Party A shall be late payment of the total amount of five ten thousandths of a day to pay liquidated damages.
3. If Party B delivers the goods late, Party B shall pay liquidated damages to Party A according to six thousandths of the total amount of late delivery per day, which shall be deducted by Party A from the payment for goods to be delivered. Party A may terminate this contract if the goods cannot be delivered for more than 10 working days after the agreed date. If Party B terminates the contract due to late delivery or other breach of contract, Party B shall pay Party A 5% of the total value of the contract as liquidated damages, and if the loss caused by Party A exceeds the liquidated damages, Party B shall continue to bear the compensation responsibility for the exceeding part.
4, Party B delivered the goods varieties, models, specifications, technical parameters, quality does not meet the contract provisions and standards set out in the bidding documents, Party A has the right to refuse to accept the goods, Party B is willing to replace the goods, but late delivery, according to the Party B late delivery processing. Party B refuses to replace the goods, Party A may unilaterally terminate the contract.
Fourteen, force majeure events
1, in the contract period, any party due to force majeure events lead to failure to perform the contract, the contract performance period can be extended, the extension period and the force majeure period of influence is the same.
2. After the occurrence of force majeure event, the other party shall be notified immediately and the certificate issued by the relevant authority shall be sent.
3. If the force majeure event extends for more than 120 days, both parties shall determine whether to continue to fulfill the contract through friendly consultation.
Fifteen, litigation
All disputes between the two sides in the implementation of the contract shall be resolved through consultation. If the consultation fails, it can be sued to the court of Party A's location.
Sixteen, the contract enters into force and other
1, the contract shall enter into force after it is signed by the legal representative or authorized representative of both parties and stamped with the official seal of the unit.
2, the implementation of the contract involves the procurement of funds and procurement content modifications or supplements, subject to the approval of the financial sector, and sign a written supplementary agreement for the record of the Government Procurement Supervision and Administration Department, before the main contract as an inseparable part.
3. During the contract execution period, if the winning bidder or supplier is found to have a criminal record of bribery upon inquiry to the procuratorial authorities, the winning bidder shall be disqualified or the procurement contract shall be stopped.
4. Matters not covered in this contract shall be carried out in accordance with the relevant provisions of the Civil Code.
5, the original of this contract in triplicate, with equal legal effect, Party A executes a copy, Party B executes two copies.
Party A: ________________ Hospital Party B: _____________ Company
Address: Address:
Legal (Authorized) Representative: Legal (Authorized) Representative: Legal (Authorized) Representative:
Date of Signature: