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Medical Device Supply Agreement for the United States

Medical Device Supply Agreement Template for United States

A Medical Device Supply Agreement is a comprehensive legal document governed by U.S. federal and state laws, particularly FDA regulations and the Federal Food, Drug, and Cosmetic Act. This agreement establishes the terms and conditions for the supply of medical devices, including quality standards, regulatory compliance requirements, pricing, delivery terms, and warranty provisions. It ensures compliance with FDA requirements while protecting both supplier and purchaser interests.

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What is a Medical Device Supply Agreement?

The Medical Device Supply Agreement is essential for organizations involved in the purchase, sale, or distribution of medical devices in the United States. This contract type addresses critical aspects of medical device transactions, including FDA compliance, quality assurance, and commercial terms. It's particularly important given the highly regulated nature of medical devices under U.S. law, requiring specific provisions for recalls, adverse event reporting, and ongoing compliance with FDA regulations. The agreement typically includes detailed specifications, regulatory obligations, and risk allocation between parties.

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

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

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

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

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

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

Alex Denne

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

Jurisdiction

United States

Publisher

Ƶ

Cost

Free to use
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Industries

Federal Food, Drug, and Cosmetic Act (FDCA): Primary federal law governing medical devices in the US, establishing the basic framework for medical device regulation

Medical Device Amendments of 1976: Key amendment to FDCA that established the three-class system for medical device regulation and controls

Safe Medical Devices Act of 1990: Legislation requiring device user facilities to report incidents to FDA and manufacturers

21 CFR Part 820: Quality System Regulation (QSR) establishing current good manufacturing practice requirements for medical devices

HIPAA: Health Insurance Portability and Accountability Act governing privacy and security of medical information

Anti-Kickback Statute: Federal law prohibiting the exchange of anything of value to induce or reward referrals of federal healthcare program business

Uniform Commercial Code (UCC): State-adopted uniform law governing commercial transactions, including sales and warranties

FDA Quality System Regulation: Requirements for establishing and maintaining quality management systems for medical devices

Product Liability Laws: State and federal laws governing manufacturer liability for defective medical devices

Environmental Protection Agency Requirements: Regulations governing environmental impact and disposal of medical devices

HIPAA Security Rule: Specific requirements for protecting electronic personal health information

Export Administration Regulations: Federal regulations controlling the export and import of medical devices

DOT Regulations: Department of Transportation requirements for shipping and handling medical devices

Premarket Notification (510(k)): FDA requirement for demonstrating substantial equivalence to a legally marketed device

Premarket Approval (PMA): FDA's strictest device review process for Class III devices

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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