Purchase Contract of Medicine Packaging Materials
Exhibit 10.2
Purchase Contract of Medicine Packaging Materials
Contract No.:XA001
Party A: Xi’an Qinba Pharmaceuticals Co., Ltd. Xi’an Branch
Party B: Shaanxi Daxin Plastics Co., Ltd.
The parties hereto, in accordance with Contract Law of the People's Republic of China, through amicable negotiations, sign this contract.
I. Goods name, quantity & price, etc. (Please refer to Appendix 1)
The agreed goods unit price in this contract contains whole expenses incurred from goods purchase and after-sale service, including, but not limited to transportation expenses, insurance expenses, unloading expenses, ancillary data expenses, package probationary expenses, expenses of reagent consumables materials during inspection and acceptance,
compulsive inspection expenses from third party supervision and inspection organization, training expenses, and after-sale service expenses, and etc. Goods unit price of settlement may be fluctuated ±between 10%~15% in accordance with market price after negotiation during the implementation of this contract, settlement quantity is decided by specific using quantity of Party B; purchased goods variety is not limited to the varieties listed
in this contract, unit price is upon both parties’ negotiation according to market price, except that altered by both parties in written form.
II. Requirements of goods quality
1. |
Goods provided by Party B shall corresponds with national standard of the People's Republic of China, industry standard, local standard, product quality standard of goods manufacturer, relevant technical specifications formulated by related departments, quality status and functional performance stated in product instructions. |
2. |
Goods provided by Party B shall be brand-new, equipped with certificate of inspection, and from legal supplying channel. |
3. |
Goods provided by Party B shall meet the following technical indications and parameters: requirements in notice documents, product instructions; refer to appendix; descriptions here |
III. Goods Delivery & Acceptance
1. |
Delivery place(detailed) and date: the specified place in Party A’s notice document |
2. |
Party B shall supply Party A with the corresponding and complete technical documents of the goods under this contract. |
3. |
Party B shall guarantee that goods package meets the requirements of transportation, and to protect goods from being rusted, destroyed or loss in transportation process. |
4. |
Party B is responsible for transporting and delivering goods to Party A at the agreed place, and shall pay all the costs incurred from transportation, this includes, but not limited to, transportation expenses, insurance expenses, unloading expenses, and so on. |
5. |
After the delivery, Party A shall inspect and accept goods within 10 days. Inspection and acceptance content shall includes, but not limited to: (1) specifications, quantity and appearances; (2) the attached technical documents of goods; (3) goods components and configuration; (4) goods functions, performance and various technical parameters and standards. |
6. |
Inspection and acceptance standards: the specifications under this contract the delivery sample under notice document (if available ) |
7. |
Where Party A accepts all the purchased goods, Party A shall confirm and issue Certificate of Approval, then it can be regarded as qualified. |
8. |
Where Party A finds that goods are not in accordance with the agreement, Party A shall have the right to reject goods and issue Notice of Rejection within 5 days. Party B shall re-supply goods in accordance with the agreement within 3 days; otherwise, Party B will be regarded as delay delivery. |
9. |
Where Party B holds different opinion on the inspection result, Party B may delegate commodity inspection department where Party A is governed to recheck. If recheck result shows that goods is not in accordance with the agreement, then the recheck fees shall be paid by Party B; if recheck result shows that goods is in accordance with the agreement, then the recheck fees shall be paid by Party A. |
IV. Payment
The fees shall be paid in full amount within 60 days after goods are accepted as qualified.(applicable for total amount less than RMB 100,000
Yuan)
V. After-sale service terms shall be decided upon both parties’ negotiation.
VI. Liability for breach of contract:
1. |
Both parties shall implement this contract, any party which could not fulfill its duty shall undertake liability for breach. Breaching party shall undertake the loss incurred to observant party, it includes, but not limited to, direct economic loss, indirect economic loss, and attorney fees, travel fees as well as transportation fees incurred from observant party to investigate responsibility. |
2. |
Where goods supplied by Party B is not in accordance with the agreement, and will not exchange goods, Party A has right to reject to accept, and Party B shall pay Party A penalty fees equal to 5% of total payment. |
3. |
Party A rejects to receive goods with due reason, Party A shall pay Party B penalty fees equal to 5% of total payment. |
4. |
For Party B’s delay delivery, it shall pay Party A penalty fees equal to 3‰ of total payment.Where delay period exceeds 5 days, purchaser has right to terminate contract. |
VII. Assumption of risk
1. |
The risk of goods destroy or loss, Party B shall undertake before Party A’ inspection and acceptance, Party A shall undertake the risk after inspection and acceptance. |
2. |
Where Party A rejects to accept goods or terminate contract due to goods quality not in accordance with the contract, Party B shall undertake the risk of goods destroy or loss |
3. |
Where Party A undertakes the risk of goods destroy or loss, and it doesn’t influence Party B to fulfill its duty, Party A shall requires Party B to undertake the breaching liability. |
4. |
Where Party B undertakes the risk of goods destroy or loss, if goods are destroyed or lost, Party B shall re-supply goods in accordance with the contract within 3 days, otherwise, Party B will be regarded as delay delivery. |
5. |
Where Party A undertakes the risk of goods destroy or loss, it won’t exempt Party A from payment. |
VIII. Disputes arising from this contract shall be settled through both parties’ negotiations, if it can’t be settled through negotiations, they can xxx for court located in the signing place.
IX. This contract is in quintuplicate(Party A’s functional departments keep 2 for record, user keeps 1, Party B keeps 2), each of them is regarded as original with the same legal effects. For other terms not mentioned, they should be solved by negotiation of both parties.
Party A (seal): |
Party B (seal): |
Authorized Representative(signature)
Ping Guo |
Authorized Representative(signature)
Xxxxxxx Xxxx |
Date: December 2 |
Date: |
Appendix 1
Drug Purchaing Contract Attachment | ||||||
Purchase List | ||||||
Vendee. |
Xi'an Qinba Pharmaceutical Co., Ltd. | |||||
Vendor. |
Shaanxi Daxin Plastics Co.,Ltd. | |||||
CN |
Name |
Unit |
Price |
Amount | ||
01191 |
Vacant capsule |
piece |
0.0077 |
106920000 |
Atmost/Year | |
02188 |
Straw of Oral solution straw |
piece |
0.0030 |
53040000 |
Atmost/Year | |
02227 |
Tray of Procaine Hydrochloride Injection |
piece |
0.0256 |
2160000 |
Atmost/Year | |
02099 |
Plastic inner support 10X2ML |
piece |
0.2222 |
480000 |
Atmost/Year | |
02295 |
Tray of Dexamethasone Sodium Phosphate Injection |
piece |
0.2222 |
1200000 |
Atmost/Year | |
02273 |
Tray 5ML |
piece |
0.2222 |
1080000 |
Atmost/Year | |
02260 |
Plastic tray of Clindamycin Injection |
piece |
0.0250 |
288000 |
Atmost/Year | |
02274 |
Tray 2ML |
piece |
0.0513 |
2880000 |
Atmost/Year | |
02261 |
Tray of Compound Guaiacol Potassium Sulfonale Oral Solution |
piece |
0.0250 |
1920000 |
Atmost/Year | |
02255 |
Plastic support of Azithromycin for Injection |
piece |
0.1523 |
540000 |
Atmost/Year | |
02272 |
Tray 15ML |
piece |
0.1523 |
204000 |
Atmost/Year | |
02199 |
Grinding wheel |
piece |
0.0030 |
1560000 |
Atmost/Year | |
02138 |
Shrink film for cough |
bag |
0.0378 |
372000 |
Atmost/Year | |
02244 |
Shrink film for pediatric cough |
bag |
0.0378 |
492000 |
Atmost/Year | |
02193 |
Thermal shrink film for Xiao’aiping Oral Solution |
bag |
0.0378 |
552000 |
Atmost/Year | |
02245 |
Shrink film for Xxxxxxx Xxxx |
bag |
0.0378 |
420000 |
Atmost/Year | |
02192 |
Thermal shrink film for Runhou Yaocha |
bag |
0.0473 |
804000 |
Atmost/Year | |
02137 |
Shrink film for Qiangli |
bag |
0.0378 |
792000 |
Atmost/Year | |
02220 |
Thermal shrink film for Fei’er Tangjiang |
bag |
0.0478 |
864000 |
Atmost/Year | |
02148 |
Shrink film 205*380 |
bag |
0.0378 |
120000 |
Atmost/Year | |
02243 |
Shrink film for Orange Tincture |
bag |
0.0378 |
360000 |
Atmost/Year | |
02135 |
Shrink film for Yinhua Ganmao |
bag |
0.0378 |
420000 |
Atmost/Year | |
02246 |
Shrink film for Pediatric Paracetamol |
bag |
0.0378 |
744000 |
Atmost/Year | |
02134 |
Shrink film for Norfloxacin |
bag |
0.0459 |
348000 |
Atmost/Year | |
02197 |
Shrink film for Qinggan Pian |
bag |
0.0378 |
600000 |
Atmost/Year | |
02231 |
Shrink film for Luoyishu Xanthinol Nicotinate Tablets |
bag |
0.0478 |
264000 |
Atmost/Year | |
02139 |
Shrink film for compound |
bag |
0.0556 |
816000 |
Atmost/Year | |
02196 |
Shrink film for Fufang Huzhang Xxxxx Xxxx |
bag |
0.0670 |
624000 |
Atmost/Year | |
02237 |
Shrink film for Baixuanxiatare Pian |
bag |
0.0378 |
120000 |
Atmost/Year | |
02264 |
Thermal shrink film for Azithromycin |
bag |
0.0378 |
1092000 |
Atmost/Year | |
02265 |
Thermal shrink film for Clindamycin |
bag |
0.0378 |
36000 |
Atmost/Year | |
02282 |
Thermal shrink film for Weili Capsule |
bag |
0.0378 |
168000 |
Atmost/Year |
02275 |
Thermal shrink film for Compound Guaiacol Potassium Sulfonale Oral Solution |
bag |
0.0378 |
72012 |
Atmost/Year | |
02263 |
Thermal shrink film for Dexamethasone Sodium Phosphate Injection |
bag |
0.0378 |
66972 |
Atmost/Year | |
02041 |
Aluminium-plastic cap |
piece |
0.0466 |
50184000 |
Atmost/Year | |
02180 |
Aluminum foil for Qinggan Pian |
bag |
34.1880 |
4200 |
Atmost/Year | |
02164 |
Aluminum foil for Norfloxacin Capsule |
bag |
34.1880 |
240 |
Atmost/Year | |
02232 |
Aluminum foil for Luoyishu |
bag |
34.1880 |
1800 |
Atmost/Year | |
02123 |
Aluminum foil for Fufang Qiguanyan Pian |
bag |
34.1880 |
4200 |
Atmost/Year | |
02051 |
Aluminum foil for Fufang Huzhang Xxxxx Xxxx |
bag |
34.1880 |
3600 |
Atmost/Year | |
02281 |
Aluminum foil for Weili Capsule |
bag |
34.1880 |
720 |
Atmost/Year | |
02239 |
Aluminum foil for Baixuanxiatare Pian |
bag |
34.1880 |
960 |
Atmost/Year | |
02152 |
Measuring cup |
piece |
0.0486 |
15540000 |
Atmost/Year | |
02040 |
Butyl rubber stopper |
piece |
0.0212 |
2232000 |
Atmost/Year | |
02253 |
Ampoule 5ml |
piece |
0.0489 |
9180000 |
Atmost/Year | |
02043 |
Vial |
piece |
0.0923 |
32400000 |
Atmost/Year | |
02280 |
Vial for antibiotics 15ML |
piece |
0.0925 |
1920000 |
Atmost/Year | |
02247 |
Coiled material for Yinhua Ganmao Granules |
bag |
24.8000 |
21600 |
Atmost/Year | |
02173 |
Complex film for Pediatric Paracetamol Atificial Cow-bezoar and Chlorphenamine Maleate Granules |
bag |
28.9904 |
2760 |
Atmost/Year | |
02039 |
Plastic Coiled materialfor Runhou Yaocha |
bag |
24.6125 |
71400 |
Atmost/Year | |
02021 |
Thermal shrink film 190mm(width) |
bag |
7.1997 |
25200 |
Atmost/Year | |
02044 |
Plastic bag for Fufang Huzhang Xxxxx Xxxx |
bag |
0.0350 |
2880000 |
Atmost/Year | |
02241 |
Moister-barrier bag for Baixuanxiatare Pian |
bag |
0.0350 |
1200000 |
Atmost/Year | |
02175 |
Aluminized foil bag |
bag |
0.0427 |
3000000 |
Atmost/Year | |
02097 |
Compound bag for Fufang Qiguanyan Pian |
bag |
0.0427 |
8280000 |
Atmost/Year | |
02124 |
Packing belt |
bag |
5.3360 |
17700 |
Atmost/Year | |
02242 |
Heat-seal teabag filter paper |
bag |
4.9536 |
6240 |
Atmost/Year | |
02268 |
Rubber Vial for antibiotics 2ML |
piece |
0.0370 |
3240000 |
Atmost/Year | |
02042 |
Ampoule |
piece |
0.0470 |
9600000 |
Atmost/Year | |
02189 |
PVC |
piece |
9.8090 |
114420 |
Atmost/Year | |
02020 |
PET bottle cap white 100/120ml |
piece |
0.0681 |
15840000 |
Atmost/Year | |
02033 |
PET medicinal vial 120ML |
piece |
0.3400 |
3240000 |
Atmost/Year | |
02032 |
PETmedicinal vial 100ML |
piece |
0.2872 |
12480000 |
Atmost/Year | |
02250 |
Aluminium-plastic cap for vial for antibiotics 2ML |
piece |
0.0130 |
21600000 |
Atmost/Year | |
02269 |
Ampoule 1ML |
piece |
0.0400 |
11520000 |
Atmost/Year | |
02186 |
Platsic core of oral solution |
piece |
0.3400 |
900000 |
Atmost/Year |