Medical device sales and purchase contracts
Party A (Buyer):
Industrial and commercial business license registration number:
Legal representative:
Position of Legal Representative:
Address:
Contact:
Party B (Seller):
Industrial and commercial business license registration number:
Legal representative:
Position of Legal Representative:
Address:
Contact:
In accordance with the Contract Law of the People's Republic of China, Party A and Party B reached this agreement on the purchase of medical devices and equipment from Party B on the basis of equality, mutual benefit and consensus.
Article 1 The name of the device
The details of the equipment are as follows:
Specifications and models | Name/Specification | Origin | quantity | unit price | Price | remark |
Total: RMB (uppercase) Yuan whole (¥ Yuan) |
(hereinafter referred to as the device)
Article 2 Delivery period of the equipment
Party B shall deliver the above equipment to Party A within ____ days of the effective date of the contract, and the overdue period will be executed in accordance with the provisions of Article 7 of this contract.
Article 3 Equipment transportation, installation and acceptance
1. Party B shall ensure that the equipment is delivered safely and undamaged to the site designated by Party A, and bear the freight, insurance and other expenses of the equipment, and the loading and unloading costs shall be borne by Party B.
Party A's designated receiving site is:
The installation location designated by Party A is:
2. Party A and Party B shall unpack and check and accept the equipment, if it is found that the quantity is insufficient or there are quality, technical problems, Party B shall, within days, in accordance with the requirements of Party A, take measures such as supplementation, replacement or return, and bear all losses and expenses incurred thereby.
3. After the equipment arrives, Party B shall complete the installation and commissioning within days after receiving the notice from Party A.
4. On the basis of complying with the relevant national technical standards, both parties shall carry out technical acceptance according to the technical standards of the contract (see annex), and after passing the acceptance, both parties shall sign and confirm the acceptance form of Party A
Article 4 Payment Methods
1. Party A shall prepay the payment within a few days after the contract comes into effect, totaling RMB (uppercase) and ¥ yuan (lowercase).
2. Party B installs and debugs, and within a few days after Party A's acceptance and normal use, Party A shall pay RMB (uppercase) ¥ yuan (lowercase).
3. Party B's designated collection account:
Bank:
Account Name:
4. Party B shall provide a formal invoice equivalent to the amount paid by Party A before each payment by Party A.
Article 5 Ancillary Services
1. Party B shall provide the technical documents of the equipment, including the corresponding drawings, operation manuals, maintenance manuals, quality assurance documents, service guides, etc., which shall be shipped to Party A together with the equipment.
2. Party B shall also provide the following services free of charge
(1) On-site installation and commissioning of equipment;
(2) Provide special tools and auxiliary materials required for equipment installation and maintenance;
(3) Party B shall send professional and technical personnel to train or guide Party A's personnel at the project site, and Party B can arrange another training plan according to Party A's requirements after the equipment is used for a reasonable time. On-site training should not be less than a few days (hourly per day); The details are arranged by Party A.
Article 6 Quality assurance and after-sales service
1. Party B shall ensure that the equipment supplied is brand new and unused after the year, xx, x, x If the quality or specifications of the equipment do not conform to the contract, or the equipment is proved to be defective, including latent defects or the use of non-conforming materials, etc., Party B shall be responsible for replacing the defective part or repairing the defective part with new parts, components or equipment that meet the specifications, quality and performance requirements specified in the contract within 7 days after receiving Party A's notice, and Party B shall bear the cost thereof. At the same time, Party B shall, in accordance with the provisions of this contract, extend the quality assurance period of repaired or replacement parts accordingly.
2. Party B shall provide the warranty period of the month, the starting date of the warranty period shall be calculated from the date of acceptance of both parties, and Party B shall replace spare parts and maintenance services for Party A free of charge during the warranty period. Party B shall ensure that the operating rate is more than 95% during the warranty period, and if this requirement is not met, the warranty period shall be extended accordingly.
3. Party B shall arrive at the repair site within hours after receiving Party A's notice, and complete the repair within hours after receiving Party A's notice. If the repair cannot be completed within the specified time, Party B shall replace the faulty equipment for Party A free of charge and compensate for the related losses caused thereby.
4. After the expiration of the warranty period:
The labor cost is not higher than RMB for a single failure;
The number of regular preventive maintenance per year is not less than one time, and the annual fee is RMB.
5. Party B is responsible for the lifelong maintenance of the equipment and should continue to provide high-quality services, reserve sufficient spare parts for storage, after the expiration of the warranty period, supply maintenance parts at a preferential price, and the supply of consumables shall be determined by a separate agreement between the two parties.
Article 7 Claim Clause
1. If the goods are confirmed to be inconsistent with this contract after inspection by the State Food and Drug Administration and other state authorities, Party A has the right to choose one of the following ways to request Party B to compensate:
(1) Agree to return the goods to Party A, and repay Party A in full, and bear all direct losses and expenses incurred due to the return.
(2) According to the degree of defect of the goods, the scope of damage and the losses suffered by Party A, the goods will be depreciated, and Party B will return the price of Party A in excess of the value of the goods after depreciation.
(3) In the case of the replacement of defective goods, the new goods provided by Party B must be brand new and conform to the specifications, quality and performance specified in this contract, and bear all the costs incurred and all direct losses of Party A.
2. If Party B fails to deliver the goods and provide services according to the time specified in the contract, Party A has the right to deduct the compensation fee for delay from the payment without affecting other remedies under the contract, and the compensation fee for delayed delivery and deferred service shall be charged at ‰ of the contract price of the late instrument every week until the delivery or provision of services. However, the maximum amount of compensation for delay shall not exceed % of the contract price. A week is counted as 7 days, and less than 7 days is counted as a week. Once the maximum amount of compensation for delay is reached, Party A has the right to terminate the contract.
3. Party B shall ensure that Party A and the user shall be protected from sue by a third party for infringement of its patent, trademark or industrial property rights when using the equipment or any part thereof. If there is a dispute over related rights, Party B shall handle it and bear the corresponding responsibility; If any loss is caused to Party A, Party B shall compensate Party A for the actual loss.
Article 8 Settlement of disputes
Any dispute arising out of or in connection with this contract shall be settled by the parties to the contract through negotiation or mediation by the relevant authorities. If the negotiation or mediation fails, a lawsuit shall be filed with the people's court with jurisdiction in the place where it is located
Article 9 Contact Information
In order to better perform this contract, both parties provide the following contact information:
(1) Contact information of Party A
Mailing address:
Contact:
Phone:
E-mail:
(2) Party B's contact information
Mailing address:
Contact:
Phone:
E-mail:
If both parties send relevant notices to the other party on matters related to this contract through any of the above contact methods (including e-mail addresses), they shall be deemed to have been effectively served and notified to the other party, regardless of whether the other party actually accesses them. The above-mentioned address for service by mail shall also be a valid address for judicial service.
Article 10 The contract comes into effect
1. This Agreement shall be executed in duplicate, one copy for each of the parties. The text of each agreement shall have the same legal effect.
2. This Agreement shall come into force upon signature by all parties.
Party A (seal): | Party B (seal): |
Legal representative or authorized representative (signature): | Legal representative or authorized representative (signature): |
Year, Month, Day | Year, Month, Day |
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