Sending equipment, bundling the sale of consumables |

Medical Network August 6th Sending equipment, selling consumables, has been calm for many years. But in recent years, there have been new trends, including fines imposed by industry and commerce, being sentenced to monopoly, being classified as non-compliant.

Not long ago, a medical equipment business sued for cooperation. hospital The lawsuit caused the attention of the Saibai blue device. Because of the local paper file, this stormy cooperation method immediately collapsed and went to the court.

The act of sending equipment and bundling consumables has become a focus topic that the industry has to pay attention to.

Things have to start from four years ago.

On January 14, 2014, Fengyang County Chinese Medicine Hospital (hereinafter referred to as County Chinese Medicine Hospital) and Anhui Ahua Medical Equipment Co., Ltd. (a pseudonym, hereinafter referred to as Ahua Company) signed the blood of Fengyang County Hospital of Traditional Chinese Medicine and Ahua Medical Equipment Company. The Dialysis Machine Launches a Cooperation Agreement, with a term of 8 years.

The agreement stipulates that during the term of this contract, Ahua Company will provide 10-12 sets of hemodialysis equipment and the normal operation of 24-26 dialysis machines for free in the hemodialysis room after the expansion of the county hospital in accordance with the provisions of this contract. 1. A set of water treatment systems, county hospitals do not need to pay for equipment.

The ownership of the dialysis machine and water treatment system of the company is retained by the company. Upon expiration of the contract and the county hospital has fully fulfilled its contractual obligations, the ownership of the dialysis machine and water treatment system will be returned to the county without compensation. All in the hospital.

County Hospital of Traditional Chinese Medicine promises: As a supplier of consumables used in the only hemodialysis room of the county hospital, Ahua Company supplies relevant hemodialysis consumables to the county hospital in accordance with the conditions stipulated in this contract, and provides relevant technical support; The company promises to provide the consumables needed to meet the needs of the dialysis room.

The county hospital must purchase all dialysis consumables from the company during the agreement period; if it defaults, the county hospital will pay the dialysis machine and water treatment system at the price of 180,000 yuan to the company. .

The origin of dialysis consumables provided by Iowa Company must be the product won by Shengzhou City. The price of all consumables must be executed at the bid price; Tender If the spirit is required, the corresponding winning product and the winning bid price shall be executed in accordance with the spirit of the superior.

In the case of the termination of the agreement, the parties agree that in the case of national or local laws Regulation Or the policy change will result in the failure to fully fulfill this contract. The county hospital should take effective measures to ensure the return on investment that Ahua Company should receive under this contract. In case of default, the defaulting party shall bear the loss of the other party.

After the contract was signed, Ahua Company provided 11 hemodialysis machines, 1 set of water treatment system, 12 sets of equipment to the county hospital, and installed and commissioned. The county hospital was put into use, and both parties fulfilled the contract.

On December 15, 2016, Anhui Province Zhangzhou City Health Planning Commission issued 'Notice on Implementing the Catalogue of the Second Round of Medical Consumables and Testing Reagents in Public Health and Medical Institutions in Cangzhou City'.

On July 4, 2017, the County Chinese Medicine Hospital issued a notice of termination of the contract, which reads: According to the above notification documents of the Zhangzhou Municipal Health Planning Commission and the amount of medical consumables in the public medical institutions of Fengyang County purchase Spirit of instruction for work, county Chinese medicine The agreement signed between the institute and the company is terminated from now.

Iowa company sued the hospital.

During the trial, the County Chinese Medicine Hospital applied to the court on November 7, 2017 to identify the existing value of the hemodialysis machine provided by Iowa.

Entrusted by the Institute, Anhui Yonghe Assets Appraisal Co., Ltd. made an asset assessment report on December 23, 2017. The evaluation conclusions were: 11 DBB-27C hemodialysis machines provided by Iowa and 1 ME4-1500 hemodialysis machine. The water plant equipment evaluation value is 1,123,200 yuan.

The court held that: The 'hepatic dialysis machine placement cooperation agreement' signed by the county hospital and the Ahua company is a voluntary agreement between the two parties, does not violate the law, the mandatory provisions of the regulations, and is a valid contract. (赛柏蓝仪器注: This also Means that the court determined that the device bundled consumables is legal.)

During the trial, County Chinese Medicine Hospital and Ahua Company agreed to lift the agreement.

The court pointed out that the parties in the contract agreed that the origin of the dialysis consumables provided by Ahua Company must be the product won by Cangzhou City. The price of all consumables must be executed at the bid price. In case of the spirit of the new bidding, the need In accordance with the spirit of the higher level to implement the corresponding winning products and the bid price. In the event of national or local laws and regulations or policy changes that can not fully fulfill this contract, the county hospital should take effective measures to ensure the return of the investment that Ahua company should receive under this contract.

On December 15, 2016, the “Notice” issued by the Cangzhou City Planning Commission, the Houxian Chinese Medicine Hospital accordingly issued a letter of termination to the Ahua Company. The termination of the contract by the County Chinese Medicine Hospital does not constitute a breach of contract.

According to the agreement, Iowa has invested heavily in the purchase of 11 DBB-27C hemodialysis machines and one ME4-1500 hemodialysis water-making equipment for the county hospital to use for free, as a condition for cooperation between the two parties for 8 years.

The two parties only cooperated for more than three years, that is, the termination of the contract, the losses suffered by the company are huge. The 11 DBB-27C hemodialysis machines and one ME4-1500 hemodialysis water-making equipment have been evaluated for their current value. 1,231,200 yuan.

However, during the implementation of the cooperation agreement, Iowa provided consumables for the county hospitals, and has received corresponding returns. Since neither party provided evidence, it proved the benefits that Iowa achieved during the three years of cooperation, so the evaluation price was used as the evaluation price. It is fair and reasonable to pay the county hospital to purchase the above equipment.

In the end, the court ruled that the agreement was lifted; the county hospital paid 11 units of DBB-27C hemodialysis machine and one ME4-1500 hemodialysis water-making equipment to the company for payment of 123,1200 yuan within 10 days after the judgment took effect. 24,241 yuan, Iowa company bears 10,551 yuan, and the county hospital has a burden of 13,690 yuan.

Saibailan believes that although the hospital is a customer, there are many uncertain factors in the medical reform process. The hospital is at the center of change. Cooperation still needs to be more cautious. If you don’t pay attention, you may have buried a thunder and stepped on it. The pit, the last thing to solve through the lawsuit, is really 'not worth the loss'. (In the text, Anhui Ahua Medical Equipment Co., Ltd. is a pseudonym).