With the general improvement of the legal awareness of the general public, we use the contract more and more places, under normal circumstances, the signing of the contract must go through the prescribed way. So do you know how to write a legal contract? The following is my drugstore drug purchase contract model for you to organize, for your reference, I hope to help friends in need.
Pharmacy Drug Purchase Contract 1Contract No.
Buyer: _____________
Seller: _____________
Date: _____________
Contract Content Total Contract Amount ($) Number of Contract Attachments Bidding Agent Service Fee ($) Remarks
Total Amount (Capital) _____________ (Currency: RMB)
Whereas the bidder has conducted a centralized bidding and purchasing for obtaining the medicines which are required to be used in the clinic and has accepted the bidder's bid for the said medicines. Now that the two parties have signed a contract for the purchase and sale of the drugs, this contract is hereby declared as follows: the meaning of the words and terms used in this contract is the same as defined in the General Contract Clauses of the Purchasing Document.
1. The following documents are an integral part of this contract and are to be read and interpreted together with this contract:
Bidding letter submitted by the bidder (refer to the Purchasing Documents); List of Drug Requirements (refer to the Purchasing Documents); Notification of Successful Bidding (Bargaining) Variety (refer to the Notification of Successful Bidding (Bargaining) Variety); General Contract Terms and Preliminary Schedule (refer to the Purchasing Documents); Flexible Bidding Procedure (refer to the Purchasing Documents); General Contract Clause for Medical Institutions of Municipality of Guangzhou (refer to the Purchasing Documents). (see "Purchasing Document"); Fuyang City, medical institutions in 20xx the first round of centralized bidding procurement of drugs purchase and sale contract schedule.
2, this contract is only to specify the buyer in the centralized bidding procurement of drugs in the effective procurement period (____ year ____ month ____ day - ____ year ____ month ____ day, in the province's centralized bidding procurement of drugs to form a unified directory of the corresponding drug winning candidate varieties automatically suspended) within the purchase of drugs brands, prices and services. The actual transaction volume is subject to the batch contract signed by the buyer and seller.
3, the buyer can only purchase its choice to confirm the transaction varieties, the seller is not in breach of contract, the buyer shall not be any reason to other varieties to replace the transaction varieties.
4. The seller shall pay the bidding agent service fee to the bidding agent service organization in accordance with the relevant regulations when signing this contract with the buyer. If the seller fails to pay the bidding agent service fee in accordance with the regulations, the buyer shall have the right to refuse to participate in the bidding and procurement activities in the future.
5, this contract is in four copies, one for each buyer and seller, one for the Fuyang City Medical Institutions Drug Centralized Tendering and Purchasing Leading Group (hereinafter referred to as the "Bidding Office"), and one for the bidding agent, Anhui Haihong Pharmaceutical E-commerce Co.
6, the contract involves "see" the contents of the bidding agency to save for inspection.
7. This contract shall be effective only if it is stamped with the seals of the buyer and seller as well as the bidding office and ________________ Co. The contract can be collected from the Tender Office, which reserves the right to interpret this contract.
Other terms and conditions: _____________
Buyer (Seal) _______ Seller (Seal) _______
Address: ______________ Address: _____________
Legal representative: ________ Legal representative: _______
Tel: ______________ Tel: _____________
Zip: ______________ Zip: _____________
Bank of Account: __________ Bank of Account: _________
Account: ______________ Account: _____________
Date: ______________ Date: _____________
Pharmacy Drug Purchase Contract 2Party A:
Party B:
In order to build a new order of purchasing and selling of drugs in good faith and fairness, and to maintain the drug In order to build a new order of honest and fair drug purchase and sale, maintain the results of the centralized bidding and procurement work, improve the distribution rate of essential drugs, and meet the clinical demand for medicines, according to the Contract Law, the two sides negotiated and signed the following contract:
A. Party A's responsibility
(a) Party A guarantees that through the hospital bidding and purchasing network of Henan Province to purchase all the medicines within the drug purchasing catalog agreed upon by both sides, and shall not be purchased from any other company unless agreed by Party B. (2) Party B shall not purchase from the other companies.
(2) Party A, according to the situation of drug use, the monthly procurement program is generally not more than twice, the same species generally shall not exceed three specifications. Party A should give full consideration to the clinical emergency needs, and prepare enough emergency drugs.
(C) Party A provides the establishment of the drug turnover warehouse premises and staff, Party B share the cost of infrastructure and essential office supplies, five thousand yuan (5,000 yuan) per company, Party A to ensure that the funds in place in accordance with the requirements of the drug regulatory authorities to establish the drug turnover warehouse.
(D) Party A in the contract agreed upon the number, specifications, amount and time limit within the scope of Party B distribution of qualified winning products, shall not be rejected or returned for non-justifiable reasons.
(5) Party A shall not take more than 30 working days from the date of receipt of the invoice to settle the payment.
(F) Party A has the right to evaluate the quantity, specification, amount and timeliness of the drugs delivered by Party B.
(G) Party B has the right to evaluate the quantity, specification and amount of the drugs delivered by Party B.
Second, Party B's responsibility
(a) Party B ensures that Party A will be provided with qualified and successful drugs in accordance with the drug procurement catalog agreed upon by both parties under the "Centralized Bidding and Purchasing of Drugs for Medical Institutions in Henan Province" and the content of this contract.
(b) Party B is required to provide Party A with the appropriate stock of medicines to meet the principle of drug turnover, so that Party A can receive the required medicines in a timely manner, the ownership of the stock of medicines belongs to Party B, in the performance period of the contract, shall not be put forward to the stock of medicines for payment requirements. During the period of contract fulfillment, there is no demand for payment for the stocked drugs.
(C) Party B should have the ability to meet the provision of Party A agreed upon by the two sides of the drug procurement catalog of all drugs, to ensure timely and adequate supply, due to market supply or drug manufacturers, can not be distributed varieties, to be notified in advance of a month to stop the online procurement, the two sides to negotiate a solution. If the same variety of different origins or specifications are exchanged, the two sides sign the Memorandum of Exchange between XXX Company and XXXXXXXXX Health Center for Distribution of Essential Drugs (Annex 1). If the distribution of the medicines that have been negotiated and agreed upon is terminated, the two sides sign the Memorandum of Termination of the Distribution of Essential Drugs between XXX Company and XXXXXXXXX Health Center (Annex 2). If the distribution of the newly-added medicines is increased, the two sides sign the Memorandum of Distribution of Essential Drugs between XXX Company and XXXXXXXXXXX. (Annex 3)
(d) The time and quantity of Party B's supply shall be subject to Party A's procurement plan or contract, and the delivery time of emergency drugs or emergency drugs shall not exceed 4 hours, and the delivery time of general drugs shall not exceed 48 hours.
(E) Party B is solely responsible for the quality of the winning drugs, and is obliged to provide Party A with the required drug qualification documents. Party B is fully responsible for any problems arising from the quality of the drugs.
(F) Party B is required to pay Party A a contract fulfillment deposit of twenty thousand yuan ($ 20,000) Party A in Party B contract fulfillment period expired within 30 working days in accordance with the contract agreed to be refunded to Party B (without interest)
Third, other
(a) Party A and Party B *** with the establishment of the basic drug distribution coordination group (see Annex 5 for the list of members), *** with the monitoring of A and B to fulfill their responsibilities, coordinate and deal with the two sides of the drug distribution and payment problems.
(b) drug turnover library by the A and B *** with the management, Party A should ensure that the safety of the library, facilities and equipment in line with the requirements of the drug regulatory authorities, Party B should ensure that the amount of drugs in stock to meet the clinical needs of Party A, regularly check the validity of the stock of drugs, timely update, to eliminate the emergence of expired and invalid drugs. For more than two months of slow-selling drugs varieties by the distribution company to deploy the recovery.
(3) Party B shares the monthly operation and management costs of four thousand yuan (4,000 yuan) in proportion to the amount of drugs distributed in the month, and Party A is responsible for the procurement of drugs for hospitals and village health centers.
(d) Party B did not inform Party A in advance according to the contract and did not sign a memorandum of agreement, drug distribution is not in place (including distribution of quantity, quality, timeliness), each species, each time a fine of one hundred yuan ($ 100), and another penalty of 10% of the amount of the current distribution of untimely drugs. The fine is deducted from the deposit paid by Party B. After the deposit is deducted, the contractual relationship will be automatically terminated (see Annex 6) The worst distribution company, Party A has the right to unilaterally terminate the contractual relationship at any time.
(E) In case of superior policy adjustments or other irresistible factors to the contract can not be performed, according to the relevant policies.
(F) This contract is valid for one year, from January to January.
Fourth, default
(a) A and B defaults in accordance with the relevant provisions of the Contract Law.
(B) the contract is not exhausted by the two sides to decide.
(3) This contract is in duplicate, A and B each party to sign a copy. Attached to the six annexes.
Party A: (seal) Party B: (seal)
Party A's representative: (signature) Party B's representative: (signature)
Date of signing: Date of signing:
Pharmacy Drug Purchase Contract 3Party A (the demand side)
Party B (the supply side)
In order to standardize the behavior of our hospital's drug purchases, to ensure that the hospital's clinical medicines in a timely manner to supply and protect the safety and effectiveness of people's medicines. Safeguard people's drug safety and effectiveness, according to the "Contract Law", "Drug Administration Law" and other laws and regulations, the supply and demand sides reached the following friendly negotiation of the purchase and sale agreement:
First, the supply side must be a complete license with legitimate business qualifications of the enterprise, and to the demand side to provide the unit stamped with a copy of the "Drug Business License," a copy of the "Drug Certification of Quality Management Standards," a copy of the "Business License," a copy of the "Business License," a copy of the "Business License" and a copy of the "Business License" and a copy of the "Business License" and the "Business License". Business License", the original letter of attorney of the legal person of the salesperson, the copy of the ID card of the delegate and other relevant information, etc., to the demand side for filing and checking. The demand side shall provide the supplier with a copy of the "Medical Institution License" stamped with the seal of the unit.
Second, the supply side can only supply the demand side of the "three certificates" within the scope of the drug, such as the supply side of the demand side of the scope of supply of drugs, and therefore all the losses caused by the supply side to bear.
Third, the supplier shall be responsible for the quality of the medicines provided, and shall not provide substandard medicines such as fake and inferior medicines to the demander. The supplier shall be responsible for the quality of the drugs provided by the supplier, and shall not provide the demand side with substandard drugs such as fake and inferior drugs, etc. Any consequences caused by quality problems such as unqualified sampling, drug incidents, etc. shall be borne by the supplier. If the loss is caused by improper storage and custody of the demand side, the demand side will be responsible for the loss.
Fourth, all the drugs provided by the supplier should be packaged according to standard protective measures to avoid contamination, and the drugs to be refrigerated must be used in the transportation process in accordance with national regulations of the cold-chain equipment, in order to prevent damage or deterioration in transit, to ensure that the drugs arrive at the demand side safely and without damage. Otherwise, all losses caused to the demander shall be borne by the supplier. All losses shall be borne by the supplier.
Fifth, the demand side requires the supply side to comply with the following principles of drug supply: 1, no supply of "three noes" drugs; 2, no supply of counterfeit brands and trademarks and no factory certificate of conformity of the drugs: 3, no supply of impending deterioration or production date of the drugs for a longer period of time; 4, in addition to the two sides otherwise agreed upon, shall not be supplied with the validity period of less than 6 months of the drugs; 5, no supply of drugs that do not meet the requirements for the supply of drugs; 5, no supply of drugs that do not meet the requirements for the supply of drugs. 5, shall not supply drugs that do not comply with the relevant provisions of the packaging and labeling and storage and transportation requirements.
Sixth, the supply side to provide imported drugs, the demand side must provide the supply side stamped "imported drugs registration certificate" and "imported drug inspection report.
VII, the demand side of the purchase of drugs created by the plan must be agricultural insurance, medical insurance drug list as the scope, in line with the hospital's basic clinical needs of medication, and by the normal approval process before procurement.
VIII. The supplier shall supply the drugs according to the drug name, specification, quantity, origin and other requirements stipulated in the drug purchase plan of the demand side, or the demand side has the right to refuse to accept all or part of the demand side. After receiving the drug purchase plan, the supplier shall deliver the drugs to the demander within the specified time, and the delivery and handling costs shall be borne by the supplier. Failure to meet the requirements for timely delivery of the demand side can be terminated by the supply side of the delivery of another selection of supply companies.
Nine, the demand side with the supply side of the list of drugs bills (list of contents and the physical match), by the demand side of the acceptance of the group acceptance in line with the requirements of the provisions of the procedure for warehousing. If any unqualified drugs are found to be damaged during the acceptance process, the supplier will be responsible for compensating or deducting the amount of the drugs from the supplier.
X. After the implementation of the unified management of the province's drug purchasing network, drug purchasing operations must be strictly in accordance with the relevant provisions of the provincial drug purchasing network management. Before the implementation of the provincial drug purchasing management, all drug purchases and sales must be carried out under the supervision of Chenzhou Huimin Drug Bidding and Purchasing Center, and adhere to the government centralized online bidding and purchasing.
XI, the purchase and sale of drugs prices: the implementation of the provincial drug purchasing management to the provincial drug centralized bidding and purchasing center bidding price as the basis. Before the implementation of the provincial drug purchasing management, the purchase price of the winning drugs shall not be higher than the winning price of the drugs issued by Chenzhou Drug Purchasing Center. The purchase price of the drugs not winning the bidding price according to the government fixed (guide) price of the discount pricing; single, special drugs to the principle of clinical need, the purchase price of the implementation of a separate pricing according to the government fixed (guide) price of the discount pricing; Chinese traditional medicinal herbs should be purchased at the price of the market; due to market factors that make part of the drug price higher than the bidding price must be approved and agreed by the leadership of the hospital in need of the procurement only after the approval of the purchase.
XII, the supply side and the demand side must sign a contract for the purchase and sale of drugs after the effective date of the business, and must be in the demand side of the pad million dollars of funds for the quality of the security deposit. After the demand side in the use of a batch of drugs, in another batch of drugs purchased to the supply side to pay for the last batch of drugs.
XII, demand, supply side in the course of business dealings due to policy and other reasons, the two sides can not cooperate, from the termination of the contract, the demand side of the original outstanding drug payments should be paid monthly according to the outstanding amount of the drug % to the supply side.
xiii, supply and demand sides in the process of drug purchases and sales, must comply with the law, is strictly prohibited in the demand side of the dealer illegally engaged in commercial bribery and drug promotional activities. Once verified, the demand side will order the cessation of the purchase and sale contract, and hold Party B responsible.
XIV, arising from the contract or any dispute related to this contract, the two parties when the person in charge of negotiation to resolve the issue, but also to the relevant departments to apply for mediation, negotiation or mediation fails, the parties may be in accordance with the relevant provisions of the law will be disputes submitted to arbitration or to the People's Court.
XV, this contract in duplicate, by the supply side, the demand side of the Pharmacy Department, one each, since the date of the two sides sealed and signed. This agreement is valid from January to January.
XVI, this contract of purchase and sale of business supply and demand parties have the right to terminate at any time. The supply and demand parties shall negotiate and resolve any outstanding issues in this contract.
Seal of the demand side: seal of the supply side;
Signature of the representative of the demand side: Signature of the representative of the supply side:
Year Month Month Day
Pharmacy Drug Purchase Contract 4Party A: (Medical Institutions)
Party B: (Winning Bidder or Distributing Enterprises)
According to the "Chinese People's Republic of China*** and the State Drug Administration Law," the "Hunan Provincial Public Drug Centralized Purchasing Implementation Plan", the "Hunan Provincial Public Drug Centralized Purchasing Implementation Plan" and the "Hunan Province". According to the "Chinese People's *** and State Drug Administration Law", "Hunan Province Public Drug Centralized Purchasing Implementation Plan (Trial)", "Hunan Provincial Public Medical Institutions Drug Centralized Purchasing Supervision and Management Interim Measures", in order to ensure the smooth progress of the online transaction of medicines, and to clarify the rights and obligations of the two parties to the transaction, the conclusion of the present contract.
Article I Party A must be based on Party B in Hunan Province, centralized drug procurement trading platform for drug information provided by the form of online procurement of clinical needs of the use of drugs, Party A through the trading platform to the Party B to send an electronic order notification, Party B accordingly supply; both sides to confirm the electronic order is an important part of this contract.
Party B on Party A through the trading platform to send electronic order notification, since Party A issued electronic order notification must be confirmed within one working day.
The entrusted distribution agreement signed between the successful bidder and the pharmaceutical company is an important part of this contract.
Article 2 Party B shall supply medicines to Party A in accordance with Party A's purchase order of medicines.
Article 3 Party B shall guarantee that Party A shall be free from any claims made by third parties regarding patent rights, trademark rights or protection period when using the medicines.
Article 4 The quality of the medicines supplied by Party B shall comply with the relevant national standards for medicines, and the packaging, quality and price of the medicines shall be consistent with the information of the awarded (listed) medicines on the trading platform, and shall not be changed, and Party B shall provide the corresponding drug test report according to the requirements of Party A, and deliver the medicines to the place designated by Party A.
Article 5 The quality of the medicines supplied by Party B shall comply with the relevant national standards for medicines.
Article V. Period of Supply
Party B shall deliver the goods within one working day from the confirmation of Party A's order notice, and the longest time shall not be more than 48 hours; Party B shall deliver the first-aid drugs within 4 hours.
Article VI Supply Price and Payment Settlement
(a) supply price: the trading platform announced by the winning (listed) price of the drugs, the price includes the cost, transportation, packaging, accompanying services, taxes and all other surcharges; contract performance period, in the event of a policy price adjustment, according to the platform after the update of the price of the implementation of the platform, including not yet sold drugs.
(b) Payment settlement: Party A will settle the payment according to the time agreed in the contract on the date of receiving the delivered drugs.
Article 7 Acceptance and objection of drugs
Party A has the right to refuse to accept the drugs that do not meet the requirements of quality, expiration date, packaging and order quantity, and Party B should replace the drugs that do not meet the requirements in a timely manner, which shall not affect Party A's clinical application. Party A due to the use, storage, poor maintenance and other reasons for their own product failure or quality decline, responsible for their own.
Article VIII Party A's liability for breach of contract
(a) Party A violates the provisions of this contract, through the trading platform other than the way to buy alternative to the winning (listed) drugs, bear the responsibility for breach of contract;
(b) Party A without justifiable reasons in violation of the contract provisions of the refusal to accept delivery or breach of contractual payment, shall bear the losses caused by Party B;
The above two cases. Party B has the right to report to the local office of the Joint Conference on Centralized Drug Purchasing.
Article IX Party B's liability for breach of contract
(a) Party B confirms the order issued by Party A notice of refusal to supply, shall be liable for breach of contract.
(b) Party B's supply of drugs due to the quality of drugs does not meet the relevant provisions of the consequences, in accordance with the relevant legal provisions.
In both cases, Party A has the right to report to the local office of the Joint Conference on Centralized Purchasing of Medicines.
Article 10 The parties to the contract due to force majeure, resulting in delays in the implementation of the contract or inability to fulfill the contractual obligations, does not bear the responsibility of compensation for the delay or termination of the contract. ("Force majeure" refers to those events beyond the control of the parties to the contract, unforeseeable events, but does not include the default or negligence of a party to the contract. These events include, but are not limited to, war, severe fire, flood, typhoon, earthquake, and other mutually agreed upon events). As soon as possible after the occurrence of an event of force majeure, the contracting parties shall notify each other in writing of the circumstances and cause of the force majeure. Unless otherwise requested, the contracting parties shall continue to perform their contractual obligations as far as practicable, as well as seek to adopt reasonable solutions for the performance of other matters not affected by the force majeure. After the effects of the force majeure event are eliminated, the parties may reach an agreement on the further performance of the contract within a reasonable period of time through consultation.
Article XI of the contract change and termination
As a result of drug manufacturers shut down, stop, merge and transfer of the reasons for the contract can not be fulfilled, Party B should be timely notification of Party A and provide proof of the drug supervision department at or above the provincial level, the two sides can be canceled on the purchase and sale of the corresponding drugs contract, the contract, such as the need to change, subject to the two sides of the negotiated settlement.
Article XII of this contract, according to the "Hunan Province, the implementation of centralized purchasing of medicines in public medical institutions" and "Hunan Province, centralized purchasing of medicines in public medical institutions supervision and management methods (provisional)". If it is still impossible to determine, after both parties **** the same consultation, may be based on the provisions of the above two documents and relevant laws and regulations to sign a supplemental agreement, the supplemental agreement and the formal contract have the same legal effect.
Article 13 Any dispute arising from the contract or related to this contract shall be resolved through negotiation between the parties; if the negotiation or mediation fails, the parties may submit the dispute to arbitration in accordance with the relevant provisions of the law, or to the People's Court.
Article 14 This contract shall enter into force on the date on which it is signed by both parties, and all matters relating to online transactions occurring during the contract period from the date on which this contract enters into force shall be subject to the constraints of this contract.
Article 16 The validity of this contract is from the date of the month of January to the date of the month of January.
This contract is in duplicate, A and B each party holds a copy.
Bylaws:
1. Party A and Party B shall sign the contract for the purchase and sale of medicines within 30 days from the date of the notification of winning the bid (listing).
2, after the signing of the contract for the purchase and sale of drugs, Party A and Party B shall not enter into other agreements that deviate from the substantive content of the contract. The so-called substantive content, refers to the winning (grid) drug prices, payment settlement methods, price concessions and other contractual content involving the relationship between Party A and Party B's rights and obligations. What's more, Party A is not allowed to, in any way, after the signing of the contract for the purchase and sale of drugs to Party B for additional benefits.
3. Party A shall not require Party B to submit a performance bond.
Party A (seal): Party B (seal):
Registered Address: Registered Address:
Legal Representative (Signature).