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Model medical equipment maintenance contract
Medical equipment maintenance contract model 1
Party A:
Address:
Telephone:
Contact person:
Party B:
Address:
Telephone:
Contact person:
Party B accepts the entrustment of Party A, and in order to ensure the normal use of medical equipment in Party A's hospital, Party B will provide maintenance services for the equipment agreed by Party A.. In order to protect the legitimate rights and interests of both parties, Party A and Party B entered into this Agreement through friendly negotiation in accordance with the Contract Law of People's Republic of China (PRC). Before signing the agreement for the first time, the agreement can only be signed under the normal operation of the equipment.
Article 1 Obligations of Party B
1. Party B shall give priority to on-site maintenance according to the notice of equipment failure repair agreed by Party A. Party B shall arrive at the site within 24 hours on legal working days from Monday to Friday.
2. Party B's door-to-door maintenance does not charge door-to-door fees and working hours.
3. There is no limit to the number of times Party B carries out maintenance.
4. Party B only charges the maintenance spare parts fee, and guarantees that the spare parts fee is equal to or lower than the unified price of the manufacturer.
5. The replacement parts provided by Party B for Party A must be original parts. In case of special circumstances, Party B shall, after consultation with Party A, replace parts with similar application functions and technical indicators. ..
6. During the three-month warranty period, if the parts replaced by Party B for Party A are damaged, Party B shall replace and repair them for Party A free of charge.
7. Party B shall make an equipment maintenance plan according to Party A's contract equipment, and report to Party A. In case Party A fails to notify the maintenance, Party B shall carry out on-site maintenance of Party A's contract equipment according to the maintenance plan. In general, on-site maintenance service is provided once every three months.
Article 2 Obligations of Party A
1. Party A shall notify Party B in time after the equipment fails.
2. Without Party B's consent, Party A shall not use non-original spare parts and consumables, otherwise Party B will not be responsible for equipment failure.
3. Without Party B's consent, Party A shall not invite a third party to repair the agreed equipment, otherwise Party B will not bear the consequences and responsibilities arising therefrom.
4. Party A shall not disassemble the contract equipment without permission, otherwise all losses caused thereby shall be borne by Party A..
5. When the equipment contract breaks down and the accessories need to be replaced, the expenses of the accessories shall be borne by Party A..
6. When the equipment is transferred or transferred, Party A shall notify Party B in time.
Article 3 Settlement Amount and Method
The total maintenance fee is _ _ _ _ _ _ _ Yuan/year (RMB), starting from _ _ _ _ _ _ _.
Article 4 The validity period of this contract is tentatively set at one year, in duplicate, with each party holding one copy, which shall come into effect as of the date of signature and seal.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model essay on medical equipment maintenance contract II
Party A: Party B:
Party A and Party B, based on the principles of fairness, mutual benefit, honesty and credibility, and in accordance with the Contract Law of People's Republic of China (PRC) and other relevant laws, have entered into this Contract through friendly negotiation.
1. Party B provides equipment maintenance services to Party A, and the information of equipment maintenance services is as follows:
2. When Party B provides on-site maintenance service, Party A shall pay the service fee to Party B, which consists of the following parts: parts processing fee, personnel man-hour installation fee, actual round-trip transportation fee and 17% value-added tax. After Party B provides maintenance services, the total service fee shall be calculated and settled in one lump sum.
Three. Maintenance location: Party A's on-site maintenance, and Party A's on-site installation and debugging.
Four. Acceptance criteria and methods: Party A shall carry out visual inspection, trial operation and on-site acceptance, and sign the acceptance sheet after passing the acceptance, which will serve as the basis for acceptance.
Verb (abbreviation of verb) payment method: Party A shall pay the service fee in one lump sum within five working days after Party B completes the maintenance.
6. Within seven working days after payment by Party A, Party B shall issue a special VAT invoice of 17% to Party A according to the service fee items and Party A's information.
Seven. Dispute settlement: In case of any dispute between Party A and Party B during the performance of this contract, both parties shall settle it through negotiation; If negotiation fails, bring a lawsuit to the court where Party A is located.
Eight. This contract is made in duplicate, one for Party A and one for Party B, and shall come into effect after being signed and sealed by both parties.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model essay on medical equipment maintenance contract 3
Party A (supplier):
Demander (Party B):
List of receipts:
Based on the principle of equality, mutual benefit and consensus, Party A and Party B have reached the following terms and conditions in accordance with the Contract Law of People's Republic of China (PRC) and the Relevant Provisions on the Sale of Medical Devices (Annexes I and II) for common compliance.
I. Product name, model, quantity, configuration and remarks
Second, product quality requirements and technical standards
1. Party A shall guarantee that the products and spare parts it provides are brand-new and unused, and conform to relevant national standards, manufacturer's standards and contract requirements.
2. Party A shall ensure that the above products meet the national inspection standards and have product inspection certificates issued by relevant quality inspection departments.
3. In case of any dispute over product quality, Party A and Party B shall jointly entrust a qualified technical unit for quality appraisal. The appraisal conclusion is final and should be accepted by both parties. If the product is found to have quality problems, Party B has the right to lodge a return and claim against Party A. ..
Third, the transportation of products.
1. Party A shall deliver the goods according to Party B's written instructions (Annex III) and bear the freight.
2. Party A shall complete the delivery formalities within 15 working days after receiving the full payment from Party B, and fax the delivery certificate to Party B. ..
3. Party A shall arrange the engineer to arrive at the designated place within 3 working days after receiving the written arrival notice from Party B. ..
4. Party A shall provide the following documents with the product: operation manual, instruction manual, approval of health administrative license of the Ministry of Health, medical device registration certificate and schedule, work record form, training materials and qualification certificate.
5. After Party A completes the delivery procedures, if Party B changes the delivery place, time or consignee, all expenses arising therefrom shall be borne by Party B. ..
Four, product installation, debugging and personnel training
1. The engineer of Party A shall check whether the product code is consistent with the actual user of the product before the first installation. Otherwise, the engineer of Party A has the right to refuse installation, debugging and personnel training. All losses caused thereby shall be borne by Party B. ..
2. If the above information is verified to be consistent, the engineer of Party A shall complete the installation and debugging of the product within three working days, and ensure that the product can be put into normal use.
3. After the product installation and commissioning is completed, Party A's engineers shall be responsible for providing free installation, commissioning and operation training for relevant personnel for three consecutive days.
4. After Party A's engineers arrive at the designated place, if the installation, debugging and personnel training cannot be carried out due to Party A's reasons, Party A shall bear all the expenses until the product installation, debugging and personnel training are completed.
5. If Party A's engineers can't carry out installation, debugging and personnel training after arriving at the designated place, Party B shall pay liquidated damages to Party A according to the daily 500 yuan standard from the fourth day after Party A's engineers arrive at the designated place. If Party B refuses to pay, Party A has the right to stop product installation, debugging and personnel training.
Verb (abbreviation of verb) acceptance time and standard
1. After the product installation and debugging training is completed, Party A and Party B (or the actual users of the products recognized by Party B in writing) shall jointly check and accept the products. If Party B (or the actual user of the products approved by Party B in writing) refuses to go to the site for acceptance without justifiable reasons, it shall be deemed that the products provided by Party A conform to the provisions of this contract.
2. If the product has model, quantity or technical problems, Party A shall take measures to make up or replace it in accordance with the provisions of this contract within fifteen working days, and bear all the expenses arising therefrom.
3. Both Party A and Party B (or the actual users of the products recognized by Party B in writing) shall conduct the acceptance according to the quality standards of the original manufacturer (meeting the national inspection standards). After acceptance, both parties shall sign the acceptance certificate for confirmation.
The warranty period and expenses of intransitive verbs.
1. The warranty period of Party A for the whole machine of the product is one year, the warranty period for the RF source is two years, and the warranty period for the vacuum pump is two years or 1200 pots (whichever comes first), counting from the date when Party A and Party B (or the actual users of the product recognized by Party B in writing) are qualified. Meanwhile, Party A will replace spare parts and equipment upgrade services free of charge during the warranty period.
2. After the products pass the acceptance, Party A will directly assume the warranty responsibility for the actual users of the products to ensure the reliability and stability of the products.
Seven, after-sales service and response time
1. Party A is responsible for the after-sales service of the products.
2. The working hours of Party A's after-sales service center are 24 hours; The unified service telephone number is 4008866033.
3. Party A shall arrange professional technicians to handle the fault by telephone within 2 hours after receiving the report. If it cannot be solved by telephone within 2 hours, Party A will arrange professional technicians to arrive at the site within 24 hours to provide services.
4. If the above service fee is within the one-year warranty period, it shall be borne by Party A; If the warranty period exceeds one year, Party A and Party B (or the actual users of the products recognized by them in writing) shall negotiate separately.
Eight, special agreement
1. Without the written permission of the other party, Party A and Party B shall not disclose or provide the trade secrets of the other party to a third party in any way.
2. Party B promises not to disclose Party A's market situation, marketing methods and other business secrets to a third party. Otherwise, Party B shall pay a penalty of 50,000 yuan to Party A. If economic losses are caused to Party A, Party B shall be liable for compensation.
3. Party B must do a good job in selling Party A's products, and shall not allow non-Party A's personnel to disassemble them without authorization, and strictly protect the intellectual property rights of Party A's products, otherwise Party A has the right not to perform any after-sales service policy, and reserves the right to further recourse.
4. Party B shall ensure that the actual users of Party A's products are the receiving units. If the actual user of Party A's products is not agreed, Party B shall take back the products from the third party and pay a penalty of100000 yuan to Party A. If other economic losses are caused to Party A, Party B shall also be liable for compensation.
Nine. Force majeure factor
1. The "force majeure" in this contract refers to "unforeseeable, unavoidable and insurmountable objective circumstances". Such as earthquake, flood, drought, war, government ban, strike, etc.
2. When either party fails to perform the contract due to force majeure, it shall promptly notify the other party of the reasons for its failure or incomplete performance. After obtaining the certificate of the relevant competent authority or the consent of the other party, it is allowed to postpone, partially perform or not perform the contract, and may be exempted from the liability for breach of contract in part or in whole according to the situation.
X. liability for breach of contract
Party A and Party B shall strictly implement the terms of this agreement. If either party fails to perform the obligations agreed in this agreement and causes losses to the other party, it shall be liable for compensation.
XI。 Methods of resolving contract disputes
Any dispute arising from the performance of this contract shall be settled by both parties through consultation. If negotiation fails, either party may bring a lawsuit to the people's court where Party A is located.
Twelve. Effective way of contract
1. This contract shall come into effect as of the date of signature and seal by both parties. This contract is made in duplicate, one for each party, with the same legal effect.
2. The annexes to this contract are an integral part of this contract and have the same legal effect as this contract.
3. For matters not covered in this contract, both parties may sign a supplementary agreement separately.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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