Pharmacy Drug Purchase Contract 1 ContractNo.:
Buyer: _ _ _ _ _ _ _
Seller: _ _ _ _ _ _ _
Date: _ _ _ _ _ _ _
Content of Contract Total Contract Amount (Yuan) Attachment Quantity of Contract Bidding Agent Service Fee (Yuan) Note
Total amount (in words) _ _ _ _ _ _ _ (currency: RMB)
Whereas, the tenderee conducts centralized bidding for clinical drugs and accepts bidders' bids for the above drugs. Now both parties have signed a drug purchase and sale contract, and hereby declare that the meanings of words and terms in this contract are the same as those defined in the general terms and conditions of procurement documents.
1. The following documents are an integral part of this contract and should be read and interpreted together with this contract:
Letter of bid submitted by the bidder (refer to the procurement documents); List of drug requirements (see procurement documents); Notice of winning the bid (negotiation) variety (see notice of winning the bid (negotiation) variety); General terms and conditions of the contract and the previous schedule (refer to the procurement documents); 20xx Schedule of the First Round Centralized Bidding Purchase and Sale Contract for Medicines in Fuyang Medical Institutions.
2. This contract only stipulates the brand. During the effective procurement period of this centralized drug bidding, The price of drugs and services purchased by the buyer (_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. The buyer can only buy the clinch a deal varieties that he chooses to confirm, and the seller has no breach of contract. The buyer shall not substitute other varieties for the concluded transaction for any reason.
4. When signing this contract with the buyer, the seller shall pay the bidding agency service fee to the bidding agency in accordance with relevant regulations. If the seller fails to pay the bidding agency service fee according to the regulations, the buyer has the right to refuse to participate in future bidding and purchasing activities.
5. This contract is made in quadruplicate, one for the buyer, one for the seller, one for the leading group of centralized drug bidding and purchasing of Fuyang medical institutions (hereinafter referred to as "bidding office") and one for the bidding agency Anhui Haihong Pharmaceutical E-commerce Co., Ltd..
6. The contents of "See" in this contract shall be kept by the tendering agency for future reference.
7. This contract shall come into effect after being sealed by the buyer and the seller, the bidding office and _ _ _ _ _ _ _ _. The contract can be obtained from the bidding office, which reserves the right to interpret this contract.
Other terms: _ _ _ _ _ _ _ _ _
Buyer (seal) _ _ _ Seller (seal) _ _ _ _ _ _
Address: _ _ _ _ _ _ _ Address: _ _ _ _ _ _ _
Legal representative: _ _ _ _ _ _ Legal representative: _ _ _ _ _ _
Tel: _ _ _ _ _ _ Tel: _ _ _ _ _ _ _
Postal code: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Bank of deposit: _ _ _ _ _ _ Bank of deposit: _ _ _ _ _ _
Account: _ _ _ _ _ _ _ _ _ _ _ Account: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Date: _ _ _ _ _ _ _ Date: _ _ _ _ _ _ _ _ _ _ _ _
Pharmacy Drug Purchase Contract 2 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.
(6) The validity of this contract is one year, from the date of the month to the date of the month.
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:
3 Party A's (demander's) pharmacy drug purchase contract
Party B (supplier)
In order to standardize the drug purchasing behavior in our hospital, ensure the timely supply of clinical drugs in our hospital, and ensure the safety and effectiveness of people's drug use, the following purchase and sale agreements are reached through friendly consultations between the supply and demand sides in accordance with the Contract Law, Drug Administration Law and other laws and regulations:
1. The supplier must be an enterprise with complete licenses and legal business qualifications, and provide the buyer with a copy of the Pharmaceutical Trading Enterprise License, a copy of the Pharmaceutical Trading Quality Management Certification Certificate, a copy of the business license, the original power of attorney of the salesman, a copy of the client's ID card and other related materials stamped with the red seal of the unit, and the supplier and the buyer file them for future reference. The buyer shall provide the supplier with a copy of the Permit for Medical Institution stamped with the seal of the unit.
2. Suppliers can only supply drugs within the scope specified in the "Three Certificates". If the supplier provides drugs to the buyer beyond the scope, all losses caused thereby shall be borne by the supplier.
Three, the supplier shall be responsible for the quality of the drugs it provides, and shall not provide the buyer with substandard drugs such as counterfeit drugs. The supplier shall bear all the consequences caused by the quality problems of the drugs it provides, such as unqualified sampling inspection, drug injury incidents, etc. If the loss is caused by improper storage and safekeeping by the buyer, the buyer shall be responsible for it.
4. All drugs provided by suppliers should be packaged according to standard protection measures to avoid pollution. According to the national regulations, cold chain equipment must be used in the transportation of drugs that need to be refrigerated, so as to prevent the drugs from being damaged or deteriorated during transportation and ensure that the drugs can reach the buyer safely and without damage. Otherwise, all losses caused to the buyer shall be borne by the supplier.
5. The demander requires the supplier to abide by the following drug supply principles: 1. Do not supply "three noes" drugs; 2. Do not supply counterfeit brands and trademarks and drugs without factory certificates; 3. Do not supply drugs that are about to deteriorate or have a long production date; 4. Unless otherwise agreed by both parties, drugs with a validity period of less than 6 months shall not be supplied; 5, shall not supply does not meet the relevant provisions of the packaging and storage requirements of drugs.
Six, when the supplier provides imported drugs, it must provide the buyer with the Import Drug Registration Certificate and the Import Drug Inspection Report stamped with the seal of the supplier.
Seven, the drug procurement plan formulated by the buyer must be based on the Catalogue of Agricultural Insurance and Medical Insurance Drugs, which meets the clinical basic drug demand of our hospital and can only be purchased after normal examination and approval procedures.
Eight, the supplier must supply drugs according to the requirements of the name, specification, quantity and origin of drugs specified in the buyer's drug procurement plan, otherwise the buyer has the right to reject all or part. After receiving the drug purchase plan of the buyer, the supplier shall deliver the drug to the buyer within the specified time, and the distribution and handling fee shall be borne by the supplier. If the supplier fails to deliver the goods in time as required, the buyer can terminate the supplier's delivery and choose another supplier company.
Nine, the buyer with the supplier's drug list (list content is consistent with the real thing), the buyer's acceptance team acceptance meets the specified requirements before going through the warehousing procedures. If unqualified drugs such as breakage are found in the process of drug acceptance, the supplier shall be responsible for compensating or deducting the supplier's drug fee.
Ten, the province's unified management of drug online procurement, drug procurement operations must be strictly in accordance with the relevant provisions of the provincial drug online procurement management. Before the implementation of online drug procurement management at the provincial level, all drug procurement and sales must be carried out under the supervision of Chenzhou Huimin Drug Bidding and Purchasing Center, and the government should adhere to centralized online bidding and purchasing.
Eleven, the purchase and sale price of drugs: after the implementation of online drug procurement management at the provincial level, based on the bidding price of centralized drug procurement center at the provincial level. Before the implementation of online drug procurement management at the provincial level, the bid-winning drug purchase price shall not be higher than the bid-winning drug price released by Chenzhou Drug Procurement Center. The purchase price of unsuccessful drugs shall be set according to the discounted price (guidance) set by the government; Single and special drugs are based on the principle of clinical needs, and the purchase price is separately priced according to the discounted price (guidance price) set by the government; The purchase price of Chinese herbal pieces should go with the market; If the purchase price of some drugs is higher than the bid price due to market factors, it must be approved by the hospital leaders of the demander before purchasing.
Twelve, the supplier and the buyer must sign a contract for the purchase and sale of drugs, and the business can take effect, and 10 thousand yuan must be laid on the buyer as a quality guarantee. After using up one batch of drugs, the buyer will pay the money of the last batch of drugs to the supplier when buying another batch of drugs.
12. Due to policies and other reasons, the supply and demand sides cannot cooperate in the business process. After the termination of the contract, the buyer shall pay% of the original unpaid medicine fee to the supplier every month.
Thirteen, the supply and demand sides in the process of drug purchase and sale, must abide by the law, it is strictly prohibited for dealers to illegally engage in commercial bribery and drug promotion activities on the demand side. Once verified, the buyer will order to stop the sales contract and hold Party B accountable.
14. Any dispute arising from or related to this contract shall be settled by both parties through consultation, or apply to the relevant departments for mediation. If negotiation or mediation fails, the parties may submit the dispute to arbitration or bring a lawsuit to the people's court in accordance with relevant laws and regulations.
15. This contract is made in duplicate, one for the supplier's pharmacy department and one for the buyer's pharmacy department, and shall come into effect as of the date of signature by both parties. The validity period of this agreement is from year month to year month.
16. Both the supplier and the buyer have the right to terminate the purchase and sale business of this contract at any time. Matters not covered in this contract shall be settled by both parties through consultation.
Seal of the buyer: seal of the supplier;
Signature of buyer's representative: signature of supplier's representative:
Year, month, sun, moon, sun.
Pharmacy Drug Purchase Contract 4 Party A: (Medical Institution)
Party B: (winning bidder or distribution enterprise)
In accordance with the provisions of the Drug Administration Law of People's Republic of China (PRC), the Implementation Plan for Centralized Online Drug Purchase of Public Medical Institutions in Hunan Province (for Trial Implementation) and the Interim Measures for the Supervision and Administration of Centralized Drug Purchase of Public Medical Institutions in Hunan Province, this contract is hereby concluded in order to ensure the smooth online drug transaction and clarify the rights and obligations of both parties.
Article 1 Party A purchases clinically needed drugs by online purchasing according to the drug information provided by Party B on the centralized drug purchasing trading platform in Hunan Province. Party A sends an electronic order notice to Party B through the trading platform, and Party B supplies the drugs accordingly; The electronic order confirmed by both parties is an important part of this contract.
Party B must confirm the electronic order notice sent by Party A through the trading platform within one working day after Party A sends the electronic order notice.
The entrusted distribution agreement signed by the winning bidder and the pharmaceutical trading enterprise is an important part of this contract.
Article 2 Party B shall supply drugs to Party A according to Party A's drug purchase order. ..
Article 3 Party B shall ensure that Party A will not be required by a third party to claim patent right, trademark right or protection period when using drugs.
Article 4 The quality of drugs supplied by Party B shall conform to the national drug-related standards, and the packaging, quality and price of drugs shall be consistent with the information of drugs that have won the bid on the trading platform, and shall not be changed. Party B shall provide the corresponding drug inspection report as required by Party A, and deliver the drugs to the place designated by Party A. ..
Article 5 Terms of Supply
Party B shall deliver the goods within one working day after the confirmation of Party A's order notice, and the longest time shall not exceed 48 hours; First-aid drugs shall be delivered by Party B within 4 hours.
Article 6 Supply price settlement and payment for goods.
(1) Supply price: it shall be implemented according to the bid-winning (net-hanging) drug price published by the trading platform, including cost, transportation, packaging, accompanying services, taxes and all other additional expenses; During the performance of the contract, in case of policy price adjustment, the price shall be updated according to the platform, including unsold drugs.
(II) Payment settlement: Party A shall settle the payment according to the time agreed in the contract from the date of receiving the distributed drugs.
Article 7 Acceptance and Objection of Drugs
Party A has the right to reject drugs whose quality, expiration date, packaging and order quantity do not meet the requirements, and Party B shall replace the drugs that do not meet the requirements in time, and shall not affect Party A's clinical application ... Party A shall be responsible for the product failure or quality degradation caused by Party A's own reasons such as poor use, storage and maintenance.
Article 8 Party A's liability for breach of contract
(1) Party A, in violation of the provisions of this contract, purchases drugs instead of winning the bid (hanging the net) by means other than the trading platform, and assumes the liability for breach of contract;
(2) If Party A refuses to receive the goods or defaults in payment without justifiable reasons, it shall bear the losses caused by Party B;
In the above two cases, Party B has the right to report to the local joint meeting office of centralized drug procurement.
Article 9 Party B's liability for breach of contract
(1) If Party B refuses to supply the goods after confirming the order notice sent by Party A, it shall be liable for breach of contract.
(2) If the quality of drugs supplied by Party B does not meet relevant regulations, it shall be handled according to relevant laws and regulations.
In the above two cases, Party A has the right to report to the local joint meeting office of centralized drug procurement.
Article 10 If the contract is delayed or terminated due to force majeure, both parties to the contract shall not be liable for compensation. ("Force Majeure" refers to unforeseen events beyond the control of both parties to the contract, but does not include the breach or negligence of one party to the contract. These events include but are not limited to: war, serious fire, flood, typhoon, earthquake and other events agreed by both parties). After the occurrence of force majeure, both parties to the contract shall notify the other party of the force majeure in writing as soon as possible. Unless otherwise required, both parties shall continue to perform their contractual obligations as far as possible and seek reasonable solutions to perform other matters not affected by force majeure. After the influence of the force majeure event is eliminated, both parties can reach an agreement to further perform the contract within a reasonable time through consultation.
Article 11 Modification and rescission of the contract
If this contract cannot be fulfilled due to the closure, suspension of business, merger or transfer of pharmaceutical production enterprises, Party B shall promptly notify Party A and provide the certificate from the drug regulatory authorities at or above the provincial level, and both parties may terminate the purchase and sale contract of the corresponding drugs. If it is necessary to change the contract, it must be settled by both parties through consultation.
Article 12 Matters not covered in this contract shall be implemented in accordance with the Implementation Plan for Centralized Drug Purchase of Public Medical Institutions in Hunan Province and the Supervision and Administration Measures for Centralized Drug Purchase of Public Medical Institutions in Hunan Province (Provisional). If it is still uncertain, a supplementary agreement can be signed by both parties through consultation according to the above two documents and relevant laws and regulations, and the supplementary agreement has the same legal effect as the formal contract.
Article 13 Any dispute arising from or related to this contract shall be settled by both parties through consultation. If negotiation or mediation fails, both parties may submit the dispute to arbitration or bring a lawsuit to the people's court in accordance with relevant laws and regulations.
Article 14 This contract shall come into force as of the date of signing by both parties, and all matters related to online transactions during the contract period shall be bound by this contract.
Article 16 The validity of this contract is from the date of the month to the date of the month.
This contract is made in duplicate, one for each party.
Supplementary terms:
1. Within 30 days from the date of issuance of the bid-winning notice, Party A and Party B shall sign a drug purchase and sale contract.
2. After the signing of the Drug Purchase and Sale Contract, Party A and Party B shall not sign another agreement that deviates from the substantive content of the contract. The so-called substantive content refers to the contract content involving the rights and obligations of both parties, such as the price of the winning drug, payment and settlement methods, price concessions, etc. Moreover, after signing the Drug Purchase and Sales Contract, Party A shall not ask for additional benefits from Party B in any way.
3. Party A shall not require Party B to submit the performance bond.
Party A (seal): Party B (seal):
Registered address:
Legal representative (signature): Legal representative (signature):
Date of signature: year month date of signature: year month day.