Choosing a drug supply agreement is a very important thing. After all, when signing the agreement, everyone mainly wants to protect their own interests. If the agreement fails, the legitimate interests will be gone, and their own interests will not be guaranteed. Therefore, when signing a contract, we should pay attention to the legality of the agreement and take a look at the choice of drug supply agreement.
Drug supply agreement 1
Buyer (hereinafter referred to as Party A):
Seller (hereinafter referred to as Party B):
Based on the principles of equality, honesty and credibility, Party A and Party B have reached the following specific agreement on related matters through consultation in accordance with the People's Republic of China (PRC) Contract Law and other laws, regulations, rules, normative procurement documents and the Notice of Transaction Candidate sent to Party B by the centralized drug procurement institution.
I. Variety, quantity and price of drugs
(1) Variety and quantity of drugs purchased: For details of the variety, dosage form, specifications and quantity of drugs purchased by Party A from Party B, please refer to the electronic drug purchase and sale order.
(2) Drug price
1. Within the validity period of the contract, the price of drugs submitted by Party B shall not be higher than the price determined in Notice of Closing CandidatesNo.: Signature place: signature time:. This price is the storage price of Party A. ..
2. During the implementation of the temporary maximum retail price of drugs, in case of price reduction by the national or provincial price authorities or other circumstances, Party A and Party B may negotiate to adjust the supply price for the part that is not supplied.
Second, the quality standard
The drugs delivered by Party B must conform to the latest national pharmacopoeia or the standards stipulated by the national drug supervision and administration department, and be consistent with the commitments made at the time of delivery, with the ex-factory drug inspection records or certificates of the same batch number of drug manufacturers attached for acceptance.
Third, the expiration date of the drug.
(1) The validity period of the drugs delivered by Party B shall be consistent with the validity period stipulated in the documents.
(2) The validity period of drugs provided by Party B shall not be less than 12 months; Special varieties shall be agreed by both parties separately.
Fourth, packaging standards.
(1) All drugs provided by Party B shall be packed according to the standard protection measures stipulated by the state, and each packing box shall be attached with a detailed packing quantity list and the ex-factory drug inspection record or certificate of the same batch number of the drug manufacturer (imported drugs shall be provided with a copy of the Import Drug Registration Certificate and the Import Drug Inspection Report of the Port Drug Inspection Institute, and stamped with the official seal of the operating enterprise). If an assembly box is used, the quantity list of various drugs and a copy of the drug quality certification materials shall be attached to the box according to the above requirements, and the official seal of the distribution enterprise shall be affixed.
(2) Special requirements:
Verb (abbreviation for verb) distribution service
Delivery shall be provided or organized by Party B, and Party B shall provide or organize delivery services to Party A according to the contract requirements. The time and quantity of each delivery shall be subject to Party B's receipt of Party A's supply notice. In principle, it shall be delivered within 36 hours after Party B receives the notice of supply, and within 4 hours in case of emergency and urgent supply. (For details, see Article 1 1)
Accompanying service of intransitive verbs
At the request of Party A, Party B shall provide or organize the following escort services:
(1) On-site handling or storage of drugs;
(2) Providing instruments for unpacking or repackaging drugs;
(three) timely replacement of drugs and other drugs that are found to be damaged, the validity period is less than 12 months or do not meet the special agreed time limit;
Acceptance method:
(4) Free on-site explanation or training on the clinical application of the supplied drugs at the place designated by Party A (within the medical service scope of Party A).
Seven. Rights and obligations of both parties
(1) Party A must purchase the drug varieties agreed in the contract; Except as stipulated in Item 4 of this Article, Party A shall not purchase other unsold drugs to replace the sold varieties.
(2) Party A shall, within the time stipulated in the contract, timely settle the payment according to the actual quantity of drugs in storage; And settle the payment within 60 days after the inspection and ticket inspection.
(3) After receiving the drugs, Party A shall check and accept them and put them into storage on the same day. Party A has the right to refuse to accept the part of the drugs provided by Party B that does not meet the variety, quantity and quality requirements stipulated in the contract.
(4) If Party A has evidence to prove that the drugs delivered by Party B do not meet the quality standards (subject to the inspection results of provincial and municipal drug supervision departments) or are delayed in delivery, Party A may notify Party B in writing to terminate the drug supply; And you can buy alternative drugs separately; At the same time, Party A shall, within seven days, send the name, price and quantity list of the successful substitute drugs or the agreement on purchasing substitute drugs separately to Xuzhou centralized drug bidding and purchasing management office and centralized drug purchasing organization for the record. (For details, see Article 1 1)
(V) Party B must deliver or organize the delivery of drugs and provide accompanying services in accordance with the drug variety, quantity, quality requirements and time limit agreed in this contract.
(VI) Party B shall ensure that when Party A uses the drug, there is no dispute over the patent right, trademark right or protection period of the drug. If there is any dispute, Party B shall handle it and bear the responsibility.
(VII) Without the written consent of Xuzhou Drug Centralized Bidding and Purchasing Management Office, Party A and Party B shall not transfer their contractual obligations.
(VIII) In the process of using the drugs supplied by Party B in the hospital, if there are quality problems due to declaration, sampling inspection and other inspections, which are the responsibility of the production and operation enterprises, Party B shall bear the consequences of being punished by the drug supervision and administration department.
Eight. responsibility for breach of contract
(1) If the drugs provided by Party B do not meet the requirements of quality and time limit agreed in the contract, thus causing losses to Party A, Party B shall compensate for the losses.
(2) If Party B fails to perform this contract or fails to perform the contract as agreed in the contract, Party A may require Party B to pay the performance bond. For each delay of 7 days by Party B, the performance bond shall be 5% of the delayed drug payment until delivery or service is provided; After Party B pays the performance bond, if Party A requests to continue to perform its contractual obligations, it shall also perform its due obligations. If the performance bond is insufficient to make up for Party A's losses, Party B shall compensate the losses separately.
(III) Except for the reasons specified in Item 4 of Article 7 of this contract, if Party A fails to perform this contract or purchases other brands of non-clinched drugs to substitute clinched products, it shall pay Party B a performance bond of 5% of the amount of drugs that failed to perform this contract or substituted clinched drugs. If the performance bond is insufficient to make up for Party B's losses, Party A shall compensate the losses separately.
(4) If Party A fails to pay the money to Party B within the time limit stipulated in the contract, Party B may require Party A to pay the performance bond. For every 7 days when Party A delays payment, the performance bond shall be 5% of the unpaid amount until Party A pays the payable amount, but the maximum performance bond shall not exceed 50% of the unpaid amount; When the unpaid amount of Party A reaches 50% of the amount agreed in this contract, Party B may notify Party A in writing to terminate the contract, and at the same time, report to Xuzhou centralized drug bidding and purchasing management office in writing.
Nine. Effectiveness and validity of the contract
This contract shall come into effect after being signed and sealed by both parties. The validity period is from the effective date of the contract to the next procurement cycle.
X. Contract dispute settlement methods
Any dispute arising from the performance of this contract shall be settled by both parties through consultation; You can also apply to the contract mediation organization of the administrative department for industry and commerce for mediation. If negotiation or mediation fails, the parties may submit it to Xuzhou Arbitration Commission for arbitration or bring a lawsuit to the people's court in accordance with relevant laws and regulations.
XI。 Other agreed matters:
(1) During the execution of the temporary maximum retail price of drugs, when the retail price lowered by the national or provincial price authorities is lower than the temporary maximum retail price, Party A entrusts Xuzhou Drug Centralized Bidding and Purchasing Management Office to negotiate with Party B to adjust the drug supply price.
(2) Party B's supply shall be subject to the electronic order sent by Party A on the drug procurement supervision platform in Jiangsu Province.
(III) When Party A can't get normal supply from Party B and there is no other trading candidate to replace it, Party A shall apply for filing and purchasing according to the prescribed procedures.
(4) Other agreements: (to be filled in by both parties).
Twelve. supplementary terms
(1) If there are matters not covered in this contract, or if the buyer pays in advance and the purchase volume is large, the supplier may sign a supplementary agreement on the Drug Purchase and Sale Contract through consultation between both parties, and the supplementary agreement shall not violate the procurement documents and the substantive contents of this contract. The supplementary agreement has the same legal effect as this contract. Meanwhile, Party A shall submit a supplementary agreement to Xuzhou Drug Centralized Bidding and Purchasing Management Office within 7 days.
(2) This contract is made in quadruplicate, one for Party A and Party B, one for the centralized drug procurement agency and one for the centralized drug bidding and procurement management office in Xuzhou.
(3) The parties concerned shall report to the administrative department for industry and commerce in writing in time for intentional violation of this contract and illegal acts in the conclusion and performance of the contract.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Drug supply agreement 2
Party A:
Party B:
In order to strengthen the management of drug supply and marketing, clarify responsibilities, do a good job in drug supply, ensure drug quality, and better serve the health of the whole people. According to the relevant drug management regulations and relevant laws and regulations, in accordance with the principle of equality and mutual benefit. Through friendly negotiation, both parties sign this contract on credit matters.
Article 1 Contents of drugs
1. The name, model and quantity of drugs provided by Party A must meet the requirements of Party B. ..
2. The quality of drugs supplied by Party A must meet the national drug standards, and provide Party B with true and effective relevant information.
Article 2 Term of supply
When Party B proposes a medication plan, Party A shall provide the supply price within two days. After negotiation between both parties, Party A shall provide medicines within three days (emergency special medicines must be provided within 24 hours) without delay.
Article 4 Price and Settlement Method
1. Party A shall supply drugs strictly according to the national price limit, and Party B shall sell the drugs supplied by Party A according to the corresponding provisions of the national price law.
3. From 25th to 30th of each month, Party B shall settle the medicines provided by Party A in that month, and pay 50,000 yuan ≤ monthly.
Article 5 Acceptance Methods
Party A must make an arrival note at the time of delivery.
Article 5 Quality and Responsibility
1. Both parties must be legal production and operation enterprises with complete licenses, and they need to provide copies of licenses with official seals, strictly implement GSP and GMP, ensure the quality of drugs, and ensure the safety and effectiveness of drug use for all.
2 in the process of drug supply and marketing, strictly abide by the relevant provisions of national policies and laws, safeguard the legitimate rights and interests of both parties, abide by socialist business ethics, and conscientiously implement medical service standards.
Article 6 Liability for breach of contract
1. If Party B delays payment, it shall pay Party B a penalty of 3% of the unpaid amount per day.
2. If Party B refuses the goods in violation of the contract, it shall bear the losses caused thereby.
3. If Party A fails to deliver the goods on time, Party A shall pay liquidated damages to Party B, calculated at 3% of the total amount of goods every day.
4. If the variety, model and quality of drugs delivered by Party A are not in conformity with the contract, Party A shall be responsible for replacing them, otherwise they will be deemed as undeliverable.
Article 7 Others
1. Dispute settlement: All disputes arising from the validity, performance and interpretation of this contract shall be settled through friendly negotiation. If negotiation fails, both parties may bring a lawsuit to the local people's court according to the Contract Law of People's Republic of China (PRC).
2. Party A and Party B shall strictly abide by this contract and shall not change or terminate this contract at will. If either party needs to change the contract, it must notify the other party in writing, and it can only be changed after both parties reach a written opinion through consultation.
3. For matters not covered in this contract, please refer to the Contract Law.
4. This contract shall come into effect as of the date of signature and seal by both parties, in duplicate, with each party holding one copy.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Drug supply agreement 3
Party A:
Party B:
In order to build a new order of honest and fair drug purchase and sale, maintain the results of centralized bidding and purchasing of drugs, improve the distribution rate of essential drugs and meet the needs of clinical drugs, according to the Contract Law, both parties signed the following contract through consultation:
I. Responsibility of Party A
(1) Party A guarantees that all drugs in the drug procurement catalogue agreed by both parties are purchased from Party B through the bidding procurement network of Henan Provincial Hospital, and may not be purchased from other companies without Party B's consent. ..
(2) According to the drug use situation, Party A's monthly purchase plan shall not exceed two times, and the same variety shall not exceed three product specifications. Party A shall fully consider the clinical first-aid needs and prepare sufficient first-aid drugs.
(3) Party A shall provide the places and personnel for the establishment of the drug turnover warehouse, and Party B shall share the expenses of infrastructure and necessary office supplies, each of which is 5,000 yuan (5,000 yuan). Party A shall guarantee to establish a drug turnover warehouse according to the requirements of the drug regulatory authorities after the funds are in place.
(4) Within the scope of quantity, specification, amount and time limit agreed in the contract, Party A shall not reject or return the qualified products delivered by Party B..
(5) Party A shall not settle the drug fee for more than 30 working days after receiving the drug invoice.
(VI) Party A has the right to evaluate the quantity, specifications, amount and timeliness of drugs distributed by Party B. ..
II. Responsibility of Party B
(1) Party B guarantees to provide Party A with qualified drugs that have won the bid according to the Catalogue of Centralized Bidding and Procurement of Drugs in Medical Institutions in Henan Province and the contents involved in this contract, and according to the drug procurement catalogue agreed by both parties.
(2) Party B shall provide Party A's drug turnover warehouse with the corresponding drugs in stock, so that Party A can obtain the required drugs in time under the principle of meeting the drug turnover. The ownership of the drugs in stock belongs to Party B, and during the performance of this contract, no payment request shall be made for the drugs in stock. Recover the drugs in stock when the contract is terminated.
(3) Party B has the ability to provide Party A with all drugs in the drug procurement catalogue agreed by both parties, and ensure timely and sufficient supply. For varieties that cannot be delivered due to market supply or pharmaceutical production enterprises, Party A shall be notified one month in advance to stop online procurement, and both parties shall negotiate to solve the problem. The two parties who exchanged the same variety with different places of origin or specifications signed the Memorandum of Exchange of Essential Medicines Distribution between xxx Company and xxXXXXXXX Health Center (attachment 1), the Memorandum of Termination of Essential Medicines Distribution between XX Company and xxxxXXXXXXXX Health Center (attachment 2) and the Supplementary Memorandum of Essential Medicines Distribution between XX Company and XXXXXXXXXXXX Health Center (attachment 3).
(4) The delivery time and quantity of Party B shall be subject to Party A's purchase plan or contract. First-aid drugs or first-aid drugs distribution time shall not exceed 4 hours, and the general drug distribution time shall not exceed 48 hours.
(V) Party B is fully responsible for the quality of the drugs that won the bid, and has the obligation to provide Party A with the required drug qualification documents. Party B shall bear all the responsibilities for drug quality problems.
(VI) Party B shall pay a performance bond of RMB 20,000.00 Yuan (RMB 20,000.00 Yuan) to Party A, and Party A shall return it to Party B (without interest) within 30 working days after the expiration of the contract.
Third, others.
(1) Party A and Party B * * jointly set up a coordination group for the distribution of essential drugs (see Annex 5 for the list of members), * * jointly supervise the performance of Party A and Party B's responsibilities, and coordinate the problems existing in drug distribution and payment.
(II) The drug turnover warehouse is jointly managed by Party A and Party B. Party A shall ensure that the safety, facilities and equipment of the drug warehouse meet the requirements of the drug regulatory authorities, and Party B shall ensure that the drug inventory meets the clinical needs of Party A, regularly check the expiration date of the drugs in stock and update them in time to prevent the occurrence of expired drugs. Drugs that are unsalable for more than two months shall be recycled by the distribution company.
(3) Party B shall share the operation and management expenses of 4,000 yuan (4,000 yuan) per month according to the proportion of drug distribution amount in the current month, and Party A shall be responsible for drug procurement in hospitals and village clinics.
(4) If Party B fails to notify Party A in advance and sign a memorandum agreement as agreed in the contract, and the drug delivery is not in place (including the delivery quantity, quality and timeliness), each product will be fined one hundred yuan (65,438+000 yuan), and another 65,438+00% of the amount of drugs delivered in time will be fined. The fine will be deducted from the deposit paid by Party B, and the contract relationship will be automatically dissolved after the deposit is deducted (see Annex 6).
(5) If the contract cannot be performed due to the adjustment of superior policies or other force majeure factors, the relevant policies shall prevail.
(VI) This contract is valid for one year, from the date of 20xx to the date of 20xx.
Four. Default handling
(1) If both parties breach the contract, it shall be handled according to the relevant provisions of the Contract Law.
(2) Matters not covered in this contract shall be decided by both parties through consultation.
(3) This contract is made in duplicate, with each party holding one copy. Attached are six attachments.
Party A: (Seal) Party B: (Seal)
Representative of Party A: (signature) Representative of Party B: (signature)
Date of signing: Date of signing:
Spring tea party
Spring "Dad, why were you so much more interesting when you were a child than we are now?" Open the title page of