The breath of the Spring Festival has not gone far, and the global medical device giant Siemens Medical has been involved in disputes with distributors in China.
Mr. Wu, a former distributor in South China, told the author that since the end of last year, Siemens Medical has confiscated a 10% contract deposit despite the previous transaction agreement. At present, 37 dealers have joined the rights protection alliance and have been distributing. The merchant called and asked, "I believe that with the expiration of the contract, more dealers will join the rights protection in May and recover the confiscated deposit." According to the author, the dealer has sent a lawyer's letter to Siemens Medical.
In China, Siemens Medical's market share is second only to GE. The main business in China is medical imaging products, including CT scanners, magnetic resonance imaging, ultrasound scanners, etc. The contradiction is the radiology imaging department. As for the current situation, as of the author's submission, Siemens Medical China has not responded to the interview.
"Contract" without first signing the contract
“We feel that doing this (referring to “Siemens Medicalâ€) has no business ethics and is equivalent to 'robbery'.†An incumbent Siemens medical distributor who did not want to be named said to the author, “This kind of behavior makes us not see the future of cooperation. ."
The dispute stemmed from a contract between Siemens Medical and the distributor. According to Mr. Wu, becoming a distributor of Siemens Medical, generally has to sign a dealer agreement to stipulate annual sales tasks, but these tasks are generally difficult to complete. Therefore, by the end of each quarter, Siemens Medical will sign a fake contract with the dealer to deliver a 10% deposit to build quarterly results, but these contracts are often not available for sale.
"This kind of performance is the same as the manufacturers." Mr. Wu said that because of Siemens' contract, in addition to signing the contract, it also agreed to use third parties, such as hospitals, "hospitals." Equipment purchases must be tendered, but these contracts are often signed before the tender is tendered. Who knows the outcome of the tender? So many of these are virtual. Sales managers often use these contracts to build up the tasks, and these deposits It will be refunded by other payment methods, etc. This is the practice of everyone, and it can help each other."
For example, Mr. Wu, in the case of Guangdong Province in 2013, the actual sales amounted to only 60 million yuan, but the amount of the contract that was not completed was 150 million yuan to 160 million yuan. "This is equivalent to the total contract amount of about 220 million in the whole year. Around the yuan, the completion rate is less than 50%." However, this "cooperative practice" has come to an abrupt end since the second half of last year. Siemens Medical has begun to send a notice to remind that the deposit will not be returned and will be confiscated.
At present, there are more than 100 dealers in the country affected by the incident. “We have notified 60-70 dealers and found that there are many such situations in the western and southern regions.†Mr. Wu said that it is currently authorized to distribute 37 rights. The amount involved in the business is about 30 million yuan, about one-third of the total. "Some dealers are still waiting to see. We estimate that the current deposit is about 100 million yuan, and as the contract expires, there will be more and more Dealers are suffering from this." Among the more than 30 dealers, 4-5 percent have decided not to cooperate with Siemens Medical.
Siemens Medical did not respond to the newspaper on the incident, but the author saw from the company's lawyer's letter to the dealer that it said that the trading habits advocated by the dealer lacked a legal basis. At the same time, it has established a dedicated communication platform.
Zhao Zhizhan, a lawyer of Beijing Zhilin Law Firm, analyzed the author of this newspaper. When the contract was concluded, the end user name and equipment model were determined. In principle, if the change is made in the future, the two parties need to negotiate separately and sign a supplementary agreement. Otherwise, the distribution will be Businesses constitute a breach of contract, and trading habits can only be based on trading habits without legal provisions or contractual agreements. Therefore, dealers now claim that it is difficult to obtain legal support based on trading habits, unless there is evidence to prove that Siemens and dealers There is this trading habit.
For the future lawsuit may not have an advantage, the dealer Mr. Yang said angrily to the author, "In fact, money does not matter, we just want a fair."
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