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Medical Device Supply Agreement Template for India

A comprehensive legal agreement governed by Indian law that establishes the terms and conditions for the supply of medical devices between a supplier and purchaser. This document incorporates requirements from the Medical Devices Rules 2017, Drugs and Cosmetics Act 1940, and other relevant Indian healthcare regulations. It covers critical aspects including quality standards, regulatory compliance, delivery terms, warranties, training requirements, and post-sale support, while ensuring alignment with Indian medical device regulations and healthcare standards.

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What is a Medical Device Supply Agreement?

The Medical Device Supply Agreement is essential for organizations engaged in the supply and procurement of medical devices in India. This agreement is particularly relevant given India's evolving regulatory landscape, including the Medical Devices Rules 2017 and recent amendments to healthcare regulations. It is designed to address the complex requirements of medical device transactions, including quality assurance, regulatory compliance, post-market surveillance, and risk management. The agreement is crucial for establishing clear terms for supply, maintenance, training, and support while ensuring compliance with Indian medical device regulations, quality standards, and healthcare safety requirements. It's typically used when establishing long-term supply relationships for medical devices, whether between manufacturers and distributors, or suppliers and healthcare facilities.

What sections should be included in a Medical Device Supply Agreement?

1. Parties: Identification of the supplier and purchaser, including registration details and medical device licenses

2. Background: Context of the agreement, including regulatory framework and purpose

3. Definitions: Definitions of technical terms, regulatory references, and contract-specific terminology

4. Scope of Supply: Detailed description of medical devices to be supplied, including specifications and quantities

5. Term and Renewal: Duration of the agreement and renewal provisions

6. Regulatory Compliance: Compliance with Medical Devices Rules 2017 and other applicable regulations

7. Quality Assurance: Quality standards, testing requirements, and quality management systems

8. Delivery and Acceptance: Delivery terms, inspection procedures, and acceptance criteria

9. Pricing and Payment: Pricing structure, payment terms, and price adjustment mechanisms

10. Warranties: Product warranties, quality guarantees, and regulatory compliance warranties

11. Training and Support: Technical training, maintenance support, and user education requirements

12. Liability and Indemnification: Risk allocation, liability limitations, and indemnification provisions

13. Insurance: Required insurance coverage and minimum insurance limits

14. Confidentiality: Protection of proprietary information and trade secrets

15. Termination: Termination rights, procedures, and consequences

16. Dispute Resolution: Dispute resolution mechanisms and governing law provisions

What sections are optional to include in a Medical Device Supply Agreement?

1. Import/Export Compliance: Required for international supply arrangements, covering customs, duties, and international trade requirements

2. Clinical Support: Needed when the devices require clinical expertise or support during implementation

3. Post-Market Surveillance: Required for high-risk medical devices requiring ongoing monitoring

4. Spare Parts Supply: Relevant for complex medical equipment requiring regular parts replacement

5. Software License: Required when the medical devices include software components

6. Data Protection: Necessary when the devices collect or process patient data

7. Environmental Compliance: Required for devices with specific disposal or environmental impact considerations

8. Exclusive Territory Rights: Optional section for exclusive distribution arrangements

What schedules should be included in a Medical Device Supply Agreement?

1. Schedule 1 - Product Specifications: Detailed technical specifications of all medical devices covered

2. Schedule 2 - Pricing Schedule: Detailed pricing information, including any volume-based discounts

3. Schedule 3 - Quality Standards: Specific quality requirements and testing protocols

4. Schedule 4 - Service Level Agreement: Performance metrics and service level requirements

5. Schedule 5 - Regulatory Certificates: Copies of required regulatory approvals and certificates

6. Schedule 6 - Training Program: Details of required training programs and materials

7. Schedule 7 - Warranty Terms: Detailed warranty terms and claim procedures

8. Appendix A - Contact Details: Key contact information for both parties

9. Appendix B - Incident Reporting Procedure: Procedures for reporting and handling adverse events

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

India

Publisher

Genie AI

Document Type

Supply Agreement

Cost

Free to use

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