Pfizer and Sinopharm with conservative prices, what happens if a vaccine fails and other secrets

A government document that you have accessed Bugle details point by point the clauses of the vaccine contracts against the Covid AstraZeneca, Sputnik V, Covishield, Sinopharm, Moderna, Cansino and Pfizer. It specifies the price of the vaccines, the conditions of confidentiality, the conditions of delivery of the product and the compensation regime.

The first piece of information that emerges from examining the synopsis of each contract is the price at which the government ultimately managed to purchase each dose of Pfizer. In the United States, the cost per dose was $ 19.50, and in Europe $ 17.50, the value of each dose signed here is equivalent to that negotiated by the other countries of the region in recent months: $ 12.

Pfizer would close a first round of production and distribution of its Covid vaccines in South America, focused on Wuhan original variant, to focus on the potential development of a second generation, adapted to new variants of the Covid. A few days ago, AFP and the Financial Times newspaper reported that Pfizer’s new cost per dose in Europe has risen to 23 dollars.

After the long wait in Argentina, due to a stalled negotiation for Eight months, the government accepted the antigen made with messenger RNA technology, which has already 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 lots 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.

Another curiosity of the official document on the contract with Pfizer is the section referring to the compensation scheme. It is the only vaccine that refers “Confidential clauses” and adds: according to law 27,573, the law on vaccines which caused so much controversy on the terms “negligence” and “sovereignty”.

Finally, these concepts had to be modified by a presidential decree for the contract to advance. A final explicit question in the contract with Pfizer states that dispute resolution will be resolved in New York and English, in accordance with 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 represents an expenditure of 430 million dollars. Its compensation scheme is the most extensive of all and two points can be underlined:

1- The buyer will indemnify all parties of Moderna, and defend and release each of them from any liability, from and against each losses, liabilities, claims, fines, damages, costs and expenses of any kind.

2- Unless there is a bad intentional conduct by Moderna. “Intentional misconduct” – says the text – includes: an intentional act, intended to achieve an unlawful goal and committed knowingly; lack of legal or factual justification; and ignore a known or obvious risk that is so great that it is very likely that the evil 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.

AstraZeneca and Sputnik

The first Covid vaccine contract Argentina signed was that of AstraZeneca, for 22.4 million doses. It was still the cheapest vaccine, priced at 4 dollars each dose. Does not establish a compensation plan. 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 found, the courts which must intervene with exclusive jurisdiction are those located in the autonomous city of Buenos Aires ”, it is specified.

The contract for 30 million doses of Sputnik, $ 9.95 per unit, was signed on December 9 and nor does it establish a compensation scheme. Regarding the resolution of possible conflicts, it was established that “they are resolved by 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. Recourse to any other legal procedure other than arbitration in connection with the agreement, including the jurisdiction of the courts, is waived. The contract and its interpretation are governed by the laws of england”.

Sinopharm y Cansino

In the case of Sinopharm, the price had variants 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 initially fell to 15 dollars and then it was barely reduced 9 dollars. This lower cost covered the last 23 million doses purchased.

Regarding any conflicts that may arise, “the friendly resolution In the first place. If they are not successful, they should be resolved by arbitration with 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 institutes a compensation scheme: “It is established that the buyer will be responsible for any unwanted reactions and all the associated risks. It is established that the purchaser guarantees that the company is released from any liability, loss or cost of supplying the vaccine, including third party claims for the use of the product. The limit is given by these fraudulent, negligent behaviors, declarations and guarantees of the contract, in these cases the buyer does not have to answer ”.

Finally, the contract with Cansino, for 5.4 million doses, was signed on July 24 for a unit cost of $ 17. Conflict resolution in this case should be done by the singapore law and the Singapore International Arbitration Center.

Regarding the compensation scheme, 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 connection with third party claims of any kind which arise or are attributable to the breach by the purchaser of any of the warranties, representations, agreements or obligations set forth herein or to the negligent act or omission of the purchaser ”.

PS