Shanghai medical institutions centralized drug bidding procurement of drug sales contracts
Contract number: _________
Buyer: _________????????????????
Selling person: _________???????????????
place of signing:_________
The buyer voluntarily purchases the drugs that the sellers of Shanghai medical institutions provide for the bidding and procurement of the drugs, in order to clarify the rights and obligations of both parties, and now according to the "Contract Law of the People's Republic of China" and other laws and regulations, "Shanghai Medical Institutions Centralized Bidding and Purchasing Implementation Measures" And the provisions of the bidding documents, in accordance with the principle of equal consultation, reached the following agreement on the relevant matters:
First, the general situation?
1. Quantity: The actual quantity of medicine required. If the buyer needs to temporarily increase the quantity of the drug, it must be submitted in writing 24 hours before the drug is administered.
2. price:
The price of the drug submitted by the seller must be the same as the price confirmed in the notice of winning the bid;
If the buyer and the seller meet the government price adjustment within the contractual delivery deadline, they will renegotiate and sign the supplementary clause.
┌──┬────┬──┬──┬──┬──┬──┬──┬──┐
│ No. │ Name of the label │ Specifications │ Production │ Trademark │ Measurement │ Quantity │ Unit Price │ Amount │
│ │Common Name│ │ │ │ │ │ │ │ │
│ │Product Name│ │企业│ │Unit│ │ │ │
├──┼────┼──┼──┼──┼──┼──┼──┼──┤
│ │ │ │ │ │ │ │ │ │ │
├──┼────┼──┼──┼──┼──┼──┼──┼──┤
│ │ │ │ │ │ │ │ │ │ │
├──┼────┼──┼──┼──┼──┼──┼──┼──┤
│ │ │ │ │ │ │ │ │ │ │
├──┼────┼──┼──┼──┼──┼──┼──┼──┤
│ │ │ │ │ │ │ │ │ │ │
├──┴────┴──┴──┴──┴──┴──┴──┴──┤
│ Total RMB amount: │
└────────────────────────────┘
Second, the quality standard
The drugs delivered by the seller must meet the standards stipulated by the pharmacopoeia or the national drug regulatory authority, and are consistent with the promises at the time of bidding; if the drugs do not meet the quality standards, the buyer has the right to choose alternative drugs among other drugs that are successful, at the same time in 3 days. Internally reported to the Shanghai Municipal Medical Organization Drug Centralized Bidding and Purchasing Coordination Management Committee Office for the record.
Third, the validity period
1. The validity period of the drug delivered by the seller must be the same as the validity period specified in the bidding file.
2. The drug provided by the seller shall be valid for not less than 6 months.
3. The special varieties will be negotiated separately.
Fourth, packaging standards
1. The drugs provided by the seller must be packaged according to standard protective measures to prevent the drugs from being damaged or deteriorated during transit, and to ensure that the drugs are safely delivered to the designated site, otherwise the seller will be responsible for all the losses caused.
2. Each box must be accompanied by a detailed packing list and quality certificate.
3. special requirements:_________.
V. Distribution
1. The distribution is the responsibility of the pharmaceutical business enterprise entrusted by the seller. The time and quantity of each delivery is subject to the buyer's purchase plan and contract.
2. The same batch of drug test report must be provided at the time of delivery.
Six, accompanying services
If the seller charges a fee for the accompanying service that may occur, it must be indicated at the time of quotation and agreed as follows: _________
7. Obligations of both parties
1. The seller shall distribute the medicine and provide accompanying services in accordance with the time specified by the buyer in the contract.
2. When the buyer uses the finished drug, if the third party proposes to infringe its patent, trademark or protection period, the responsibility shall be borne by the seller.
3. The buyer shall purchase the type of transaction under this contract. If the seller has no breach of contract, the buyer shall not purchase other brands of drugs for any reason to replace the contracted varieties.
4. The buyer shall complete the purchase of the drug for this contract.
5. The buyer shall settle the payment in accordance with the contract. The buyer of the designated settlement bank shall not interfere with the settlement of the normal settlement of the bank for any reason.
Eight, the deadline for performance
The performance period of this contract is _________ days, from _________ years _________ months _________ days to _________ years _________ months _________ days. Ten days before the expiration of the performance period, if one party files a written objection to the renewal of the contract, the performance of this contract shall expire. If neither party raises an objection, the contract will be automatically renewed; the rights and obligations of the parties and the time limit for performance in the new contract of renewal shall be the same as this contract, and the number shall be negotiated separately by the parties according to the actual situation.
9. Settlement method and term
1. The parties agree to settle by the following _________ methods.
Transfer check
Documentary voucher
wire transfer
draft
other
2. Settlement period _________.
X. Liability for breach of contract
1. If the seller fails to perform the contract, the buyer may collect liquidated damages. The liquidated damages are delayed by the seller. For each delay of one day, the liquidated damages are _________% of the late payment of the drug until the performance. The maximum amount of liquidated damages is 10% of the total contract price. Once the maximum amount of liquidated damages is reached, the buyer can terminate this contract.
2. If the buyer fails to perform the contract, the seller may collect liquidated damages. The liquidated damages are delayed by the buyer. For each delay of one day, the liquidated damages are _________% of the delay in the payment of the drug until the contract is fulfilled. The maximum amount of liquidated damages is 10% of the total contract price. Once the maximum amount of liquidated damages is reached, the seller can terminate this contract.
XI. Contract dispute resolution
The dispute arising from the performance of this contract shall be settled by negotiation between the parties. If the negotiation cannot be resolved, the following _________ methods are selected:
Submitted to the Shanghai Arbitration Commission for arbitration.
File a lawsuit in the people's court according to law.
Twelve, contract effectiveness
Where the contract and the supplementary agreement are inconsistent with the provisions of the bidding documents, the provisions of the bidding documents shall prevail.
XIII. Supplementary provisions
1. If there are any unfinished matters in this contract, the parties may sign a supplementary agreement through negotiation, and the supplementary agreement shall have the same effect as this contract.
2. The performance period of this contract cannot exceed the bidding period.
3. This contract is made in two copies, each party holding one.
Buyer: _________ Seller: _________
Address: _________ Address: _________
Legal representative: _________ Legal representative: ______
Attorney: _________ Attorney: ______
Phone: _________ Phone: _________
Zip code: _________ Zip code: _________
Bank of deposit: _________ Bank of deposit: _________
Account number: _________ Account number: _________
_________Year ____________________________________________
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