Party A (medical institutions):
Party B (supplier):
Party A and B in accordance with the "Chinese People's *** and National Code" and the provisions of relevant laws and regulations, in line with the patient's interests first, abide by the principle of good faith, fairness and impartiality, so that hospitals with a complete license, quality, reasonable price-performance ratio, after-sales service has the principle of guaranteeing products. After friendly consultation between the two sides, agreed to sign a contract of purchase and sale in accordance with the following terms.
Article I: Name, origin, specifications and unit price of goods (unit: RMB yuan)
______________________________
Article II: Requirements for the documentation of the goods and Party B's responsibility
1, Party B must be in accordance with the "Regulations for the Administration of Medical Devices", "Sterilization Management Measures" requirements Provide a variety of documents (such as: business license, business license, product registration certificate, manufacturing permit form) in line with national, provincial and municipal regulations on the management of medical devices.
2, to provide a variety of documents must be complete, true and effective. During the contract period, the document replacement Party B should provide Party A with the replacement of valid documents in a timely manner.
Article III Quality Requirements for Goods and Party B's Responsibility for Product Quality
1, Party B provides goods should be new, clearly labeled, in line with the product quality standards for qualified products: with the manufacturer to provide product certification (disposable medical devices should also be every batch of inspection reports). Stop "incomplete license, counterfeit, shoddy, expired, invalid, obsolete or unqualified products" into the hospital, otherwise, Party B shall bear all the losses caused by this. Party B shall ensure that the products delivered shall be within the longest reasonable period of validity, and the period of validity shall be at least not less than _______ years.
2, Party B provides the goods into the Party, in the acceptance of national, provincial, municipal authorities of the industry or after the inspection, the license, logo or product quality problems occurring in the forfeiture of matters borne by Party B, or Party B directly to the relevant departments to resolve the issue of negotiation.
3, Party B to provide product packaging, must comply with the relevant state regulations; if there is a lack of products in the package, packaging damage and other issues, Party B shall be responsible for replenishment or replacement.
4, Party B should ensure that Party A in the use of products provided by Party B, not be a third party to raise the infringement of its patent rights, trademarks or protection period of the prosecution, otherwise Party B bear all the consequences.
Article IV Delivery Time, Place, Transportation and Other Services
1. After Party B receives the purchasing plan provided by Party A, Party B shall deliver the products to the designated location of Party A within the time specified by Party A (or agreed by both parties) in accordance with the quantity and requirements in the purchasing plan; Party B shall do the same with the goods, tickets, certificates of conformity of the products and the inspection report of the batch and shall have the responsibility to cooperate with the management of medical devices of Party A to do a good job in warehousing and inspection of goods. Medical equipment management personnel to do a good job of warehousing inspection work, check the physical and planning in line with the physical and bills in line with the problem of timely adjustment or replacement.
2, Party B has been in accordance with the relevant national requirements for transportation and distribution, and in the delivery of the relevant transportation vouchers to Party A. The costs of transportation and packaging are all covered by Party B. Transportation and packaging and other costs are borne by Party B.
3. If Party B sells products that require explanation or training, it shall provide on-site explanation or training for the clinical application of the supplied products at Party A's designated place.
4, the products provided by Party B, such as the need for maintenance, Party B shall commit to Party A corresponding warranty period.
5. If Party B needs to charge for the accompanying services that may occur, it should be indicated in the purchase and sales contract.
Article V Payment
After the arrival and acceptance of the goods, Party A will put them into the warehouse and on the account in time, and notify the clinical departments to receive them, so as to avoid expiration, failure, and backlog phenomenon. In the case of the product without quality problems, license problems, price problems and other disputes, Party A should generally be in the product within months from the date of invoice payment to Party B, such as overtime without payment, the two sides to negotiate a solution.
Article VI Liability for breach of contract
1, Party A shall purchase goods in accordance with the content of the supply list, and generally shall not purchase goods from third parties. If Party B violates Article 2, 3, 4 or can not be contacted, Party A has the right to deal with the situation at its discretion, if Party A does not accept Party B's reasons, Party A may terminate the implementation of this contract.
2, Party B to ensure that the goods provided to Party A must be fully licensed, good reputation, high quality, reasonable cost-effective, after-sales protection of products. Because of the product license or quality problems caused by medical accidents or disputes, Party B shall bear all the losses.
3, Party B because of special circumstances need to terminate the implementation of this contract, must be _______ months in advance to notify Party A in writing.
4, Party B to Party A commitment to the quality of the consumables provided by the State Food and Drug Administration in full compliance with the standards set out in the correct use of the premise of product quality problems, Party A and Party B can do the quality of the consumables identification, if the product quality is indeed the problem, Party B is willing to bear all the consequences. If there is no problem with the quality of the product, Party B will not bear any responsibility.
5, in the performance of the contract, if Party B encountered obstacles to the failure to deliver products on time and can not provide other related services, it should be in writing in a timely manner to the facts of the delay, the possible delay and the reasons for the notification of Party A. If Party B is unable to deliver the products on time, Party B will notify Party A in writing. Upon receipt of Party B's written notice, Party A shall verify the situation as soon as possible, and Party A shall determine whether to extend the delivery time as appropriate and whether to charge liquidated damages or terminate the contract. The extension shall be recognized and re-signed by both parties by way of modification of the contract.
Article VII Dispute Handling
In the course of the implementation of the agreement, the disputes related to this agreement, the two parties shall be resolved in the spirit of amicable negotiation, but also to the relevant departments can apply for mediation. If the dispute still cannot be solved after consultation, the parties may submit the dispute to arbitration or the people's court in accordance with the relevant laws and regulations.
Article VIII Modification and Supplementation of the Agreement
1, during the contract period, the products provided by Party B, in the process of Party A's clinical departments, there is dissatisfaction with the contract of any terms need to be modified and supplemented, are required to supply and demand for representatives of the two sides or an authorized representative of the signing of a written contract, Party A has the right to require Party B to replace the product; if the product replacement is still not up to the requirements, Party A has the right to contact the other suppliers. Other suppliers to supply.
2, the contract period, the contract with the state documents and related legal requirements are contrary to the requirements of the relevant state documents, in accordance with the requirements of the state, the need to change the corresponding provisions of the two sides will negotiate to change or suspend the contract.
Article IX This contract shall be negotiated by both parties and handled in accordance with relevant laws and regulations.
Article X: Entry into force of the contract
1. This contract shall enter into force after it is signed by both parties, and shall be valid for one year.
2, this agreement in one _______ copy, A and B each _______ copies, the health authorities _______ copies.
Party A (seal) Party B (seal)
Legal representative (person in charge): Legal representative (person in charge):
Representative Signature: Representative Signature:
_______ year _______ month _______ day _______ year _______ month _______ day