A government document that you accessed Clarion details point by point clauses of the contracts for vaccines against Covid AstraZeneca, Sputnik V, Covishield, Sinopharm, Moderna, Cansino y Pfizer. It gives details on the price of vaccines, the terms of confidentiality, conditions of delivery of the product and the indemnity regime.
A first piece of information that emerges from reviewing the synopsis of each contract is the price at which the government finally managed to buy each dose of Pfizer. While in the United States the cost per dose was $ 19.50, and in Europe of $ 17.50, the value of each dose signed here is equivalent to that negotiated by other countries in the region in recent months: $ 12.
Pfizer would be closing in South America a first cycle of production and distribution of its vaccines against Covid, focused on the original variant of Wuhan, to focus on the potential development of a second generation, adapted to new variants of Covid. A few days ago the AFP agency and the Financial Times newspaper reported that Pfizer’s new cost per dose in Europe climbed to 23 dollars.
After the long wait in Argentina, due to a negotiation that was blocked during 8 months, the Government agreed to the antigen made with messenger RNA technology, which already has almost one year of use in the rest of the world. Pfizer doses should arrive in full before the end of december.
As announced, the batches will increase from October and will be even more abundant in the following two months. Strictly speaking, they are 20,080,710 doses, according to the contract signed on August 16, 45 days later that the agreement with the laboratory was publicly announced by Minister Carla Vizzotti and Legal and Technical Secretary, Vilma Ibarra.
Adolescent vaccination in the province of Buenos Aires.
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Another curiosity of the official document on the contract with Pfizer is the section referring to the indemnity regime. It is the only vaccine that refers “Confidential clauses” and adds: according to law 27,573, the vaccine law that generated so much controversy over the terms “negligence” and “sovereignty.”
Finally those concepts had to be modified by a presidential decree for the contract to move forward. A final issue made explicit in the contract with Pfizer indicates that dispute resolution will be resolved in New York and in English, according to local law.
Modern
Moderna’s vaccine imposes less “secrecy.” The cost of the doses is almost double that of Pfizer: $ 21.50 per unit. The total of 20 million doses purchased means an outlay of 430 million dollars. Its indemnity regime is the most extensive of all and two points can be highlighted:
1- The buyer will indemnify all the parts of Moderna, and will defend and hold each of them harmless, of and against each and every one of losses, responsibilities, claims, fines, damages, costs and expenses of any nature.
2- Unless there is a bad intentional conduct by Moderna. “Intentional misconduct” – the text says – includes: an intentional act, intended to achieve an illicit purpose and knowingly committed; the absence of a legal or factual justification; and ignore a known or obvious risk that is so great that it is very likely that the harm outweighs the benefit.
The Moderna contract was signed more than a month earlier than Pfizer’s, on July 9. The vaccines would arrive in the country – as announced – during the first quarter of 2022.
Pfizer and Moderna vials, last contracts signed by Argentina. Photo: Reuters
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AstraZeneca and Sputnik
The first vaccine contract against Covid that Argentina signed was that of AstraZeneca, for 22.4 million doses. It was always the cheapest vaccine, at a cost of 4 dollars each dose. It does not establish an indemnity regime. Regarding the resolution of controversies and the applicable law, it is that of Argentina: “The resolution of the conflict is sought through dialogue and negotiation in good faith between the parties. If a solution is not achieved, the courts that must intervene with exclusive competence are those located in the Autonomous City of Buenos Aires ”, it is stated.
The contract for 30 million doses of Sputnik, to $ 9.95 per unit, was signed on December 9 and nor does it establish an indemnity regime. Regarding the resolution of eventual conflicts, it was established that “they are resolved through arbitration by the International Court of Arbitration of the International Chamber of Commerce and will be carried out in Paris. The arbitration award will be final for the parties. The recourse to any other legal procedure other than arbitration in relation to the agreement is waived, including the jurisdiction of the courts. The agreement and its interpretation are governed by the laws of england”.
Sinopharm y Cansino
In the case of Sinopharm, the price had variations through its three independent contracts: the first, signed on February 18 for 4 million vaccines, had a cost of 20 dollars the dose. Then there were two other contracts signed on June 10, for 2 million doses, and on June 25, for 24 million more, in which the unit cost first fell to 15 dollars and then it was reduced to barely 9 dollars. That lower cost covered the last 23 million doses purchased.
Teen Vaccination with Pfizer in the City. Photo: Macarena Bultri
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Regarding the possible conflicts that may arise, “the friendly resolution In the first instance. If they are not successful, they should be resolved through arbitration at the China Arbitration and Economic Commission in Beijing. The award will be final and binding on the parties. China’s legal regime applies ”.
In this case, it does establish an indemnity regime: “It is established that the buyer will be responsible for possible adverse reactions and all related risks. It is established that the buyer guarantees that the company is free from all responsibility, loss or expenses of the supply of the vaccine, including third party claims for the use of the product. The limit is given by those fraudulent, negligent conducts, declarations and guarantees of the contract, in these cases the buyer should not respond ”.
Finally, the contract with Cansino, for 5.4 million doses, was signed on July 24 for a unit cost of 17 dollars. The resolution of conflicts in this case is expected to be by the Singapore law and the Singapore International Arbitration Center.
Regarding the indemnity regime, it establishes: “The buyer will indemnify, will defend and hold Cansino harmless (…) from and against any loss, damage, claim, injury, cost or expense, incurred in relation to third party claims of any type that arise or are attributable to the breach by the buyer of any of the guarantees, representations, agreements or obligations established in the present or the negligent act or omission of the buyer ”.
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