FRAME OWN BRANDING AGREEMENT
This Own Branding Agreement (this “Agreement”) is made as of this 1stday of April, 2014 (the “Effective Date”) by and between A company, a corporation organized under the laws of the district / country , with an address at A address (“OEM Manufacturer”) and ie打不开B company, together with its affiliate[s], which is incorporated under the laws of district / country, having a place of business at B address (together, "Own Brander").
Recitals
A.OEM Manufacturer is engaged in and/or has rights related to the development, manufacture and/or sale of Active Implantable medical devices and related supplies and rvices, including with regard to the CE-marked Product Name , Model: ***.
拘束B.Own Brander is experienced with the promotion, distribution and sale of medical devices and related supplies and rvices and desires to become an authorized Own Brander of OEM Manufacturer medical products.
C.OEM Manufacturer desires to appoint **** as its Own Brander for its Products, subject to the terms t forth below.
Agreement日本高丝
金石园
梦见老鼠是什么征兆 In consideration of the matters stated in the Recitals hereto and the mutual covenants contained in this Agreement, the parties agree as follows:
1.0DEFINITIONS
When ud in this Agreement, each of the following terms shall have the definition t out below:
Agreement: “Agreement” means this agreement, together with Exhibits A,sheb which are attached hereto and which are an integral part hereof.
Complaint: “Complaint” means any written, electronic or oral communication that alleges deficiencies related to the identity, quality, durability, reliability, safety, effectiveness, or performance of a Device after it is relead for distribution.
Term: the period of twelve (12) months following the Effective Date, and any renewal period mutually agreed between the parties hereto.
2.0APPOINTMENT AS OWN BRANDER
2.1 The OEM Manufacturer appoints ** as authorized non-exclusive Own Brander to market and distribute the Device under the name of Own brander. From time to time, OEM Manufacturer and Own Brander may enter into a specific agreement, tting forth the terms and conditions upon which, Own Brander will market Devices into certain territories, to be mutually agreed. Such specific agreement will be subject to the terms herein.
2.2 The Device manufactured by the OEM Manufacturer (including material, packaging, instructions for u and labeling) will be distributed by the Own brander in his own responsibility under his own name. Therefore the Own brander is considered the manufacturer according to the directive AIMD 90/385/EEC.
2.3The OEM Manufacturer will provide to the Own brander copy of the valid CE certificate in place and ISO 13485 to allow applying the CE Mark on the Device and to distribute the Device in the European Union.
2.4The OEM Manufacturer will provide to Own Brander a written declaration that the supplied Devices are exactly the same product as covered by the CE certificate and is produced on the same production location under identical conditions except for the OBL details on the product labeling.
2.5This confirmation allows the Own brander to refer to the technical documentation, manufacturing and final inspection of the OEM Manufacturer, which are in the responsibility of the OEM Manufacturer.
2.6The Notified Body of each party will have the right to perform audits at the other party or request information from him if needed.
什么的办法2.7The Own Brander will have the right to audit the OEM Manufacturer or any of its subcontractors at any time upon reasonable prior notice.
3OWN BRANDER OBLIGATIONS
3.1 In addition and not by way of limitation of the other duties and obligations of Own Brander t forth in this Agreement, at all times during the Term the Own Brander shall:
(a)宣布造句U its best efforts to promote and ll the Device and to reprent the interests of OEM Manufacturer at all times to end-ur customers in the Own Brander Territory. Own Brander agrees to act in a sales capacity in accordance with the direction of OEM Manufacturer’s sales manager or other designated manager;
(b)Maintain a local sales force of adequate size, qualification,and attention to reprent and promote the sale of the Device. The sales force shall be employees or authorized agents of Own Brander. Sales force must complete requisite training to level of competency to be defined by OEM Manufacturerprior to reprentation, sales, rvice and maintenance of customer ba where Device are sold;The expens associated with hiring, employing and training the above mentioned sales force will be paid by the OEM Manufacturer.
