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Medical Device Supply Agreement
"I need a Medical Device Supply Agreement for a 3-year exclusive supply arrangement with a hospital chain in California, covering Class II surgical devices with specific FDA compliance requirements and quarterly minimum purchase commitments starting March 2025."
1. Parties: Identification of supplier and purchaser, including legal entity details and principal place of business
2. Background: Context of the agreement, including brief description of the medical devices and purpose of the supply arrangement
3. Definitions: Key terms used throughout the agreement, including technical and regulatory terminology
4. Product Specifications: Detailed description of medical devices, including technical specifications and regulatory classifications
5. Supply Terms: Ordering process, delivery terms, acceptance criteria, and minimum purchase requirements
6. Quality Requirements: Quality standards, testing procedures, and compliance with FDA and other regulatory requirements
7. Pricing and Payment: Price structure, payment terms, and any volume-based discounts
8. Regulatory Compliance: Obligations regarding FDA regulations, reporting requirements, and maintenance of certifications
9. Term and Termination: Duration of agreement and termination provisions
1. Exclusive Supply Arrangements: Terms of exclusivity, including territorial restrictions and minimum purchase commitments
2. Research and Development: Terms for collaborative development or improvements to medical devices
3. Marketing and Promotion: Terms regarding marketing materials and promotional activities for the medical devices
4. Training and Support: Terms for technical training and ongoing support for complex medical devices
1. Product Specification Schedule: Detailed technical specifications of medical devices including compliance with FDA classifications
2. Pricing Schedule: Detailed pricing structure, including volume discounts and price adjustment mechanisms
3. Quality Agreement: Detailed quality control procedures and responsibilities for FDA compliance
4. Service Level Agreement: Performance metrics and service standards for device supply and support
5. Regulatory Compliance Schedule: List of applicable FDA regulations and compliance requirements
6. Form of Purchase Order: Standard form for ordering products with regulatory compliance requirements
Authors
Affiliate
Agreement
Applicable Laws
Business Day
Certificate of Conformity
Confidential Information
Defective Product
Delivery Date
Device Master Record
Effective Date
FDA
Force Majeure Event
Good Manufacturing Practice (GMP)
Intellectual Property Rights
Manufacturer
Medical Device
Minimum Order Quantity
Order
Product(s)
Product Specifications
Purchase Order
Quality Management System
Quality Standards
Recall
Regulatory Approval
Regulatory Authority
Representative
Shelf Life
Specifications
Supply Territory
Term
Third Party
Unit Price
Validation
Warranty Period
Adverse Event Reporting
Assignment
Audit Rights
Change Control
Compliance with Laws
Confidentiality
Delivery Terms
Force Majeure
Governing Law
Indemnification
Insurance
Intellectual Property
Liability Limitation
Minimum Purchase Requirements
Notice Requirements
Order and Forecasting
Payment Terms
Price Adjustment
Product Warranty
Quality Requirements
Recall Procedures
Record Keeping
Regulatory Compliance
Representations and Warranties
Risk Allocation
Shipping Terms
Termination Rights
Title and Risk of Loss
Training and Support
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