Hi,

I'm not that familiar with the legal status of the PPQ within the framework of purchasing and what measures can be taken, post-purchase, if a manufacturer/supplier apparently mis-represents information on a PPQ that has been examined/passed prior to payment being authorised so please bear with me.

I assume that in this circumstance the PPQ forms part of the purchase contract between the NHS and the supplier of any services or equipment and as such the supplier would be "in-breach of contract" if any information on the PPQ were inaccurate or deliberately mis-represented for whatever reason. Is this its intention or is it there solely to guide the decision whether to purchase or not?

Obviously there are grounds to reject a purchase based on the information in the PPQ prior to purchase, however, based on the fact that a lot of PPQs are received after the purchase has in fact been completed, as Dicky states, does anyone have any opinions on what sway purchasers would have regarding the information that's in the PPQ and whether this is, realistically, likely to influence a purchase that has gone through or not? Has anyone any experiences they would be willing to share?

If there are problems with the information in the PPQ then this might prevent purchase of a particular product, if it's assessed prior to purchase, but where does the purchaser stand if the PPQ is later made available but not obtained before a specific purchase (does a PPQ have to be attached to every purchase, prior to purchase just to be "safe" - even if it's a repeat purchase of a particular model of equipment).

Given problems with the PPQ, obtained retrospectively, would there be reasonable grounds for either returning equipment, claiming some form of compensation or a refund or, in some cases, could the deal be "reversed", i.e. can it be sent back to the supplier? More generally speaking, i.e. regards contracts in general, not just concerning PPQs, in what situations would either of these approaches be justifed?

Another issue is what's the legal status of PPQs that are modified locally - do the "enhanced" requirements of PPQs such as that provided by Jim Gavin give any more protection to the purchaser by "padding" the specification? Certainly they do enhance the requirements and tie-down the specification of requirements for a range of aspects affecting servicing in my opinion but I was wondering what other's thoughts are on this.

I suppose what I'm asking is whether anyone knows if there's a definitive statement of the intention of the PPQ, its legal status, the role it plays in the purchase, contractually, whether this applies nationally (or whether its contractual status, if it has any legally speaking, depends on legal advice obtained by each trust, locally).

It'd be interesting to hear if anybody out there has actually had to take recourse with manufacturers using the information in the PPQ to backup their case. Bottom line is that I'm wondering what peoples views are on what the PPQ is, what it's intended to do and how effective it is at facilitating it. Any feedback, including that from our colleagues in supplies departments, would be welcomed. Thanks.

The PPQ is a legally binding document, if formally used as part of a purchase and both partys are aware of that fact. Best method is to have it mentioned as a reference in the contentent of the tender and offical order.
Ihave had to mebtion factors effected in the past involving PPQ to suppliers. Once they know you arent kidding with anyt action you may take involving the completed PPQ they usually dont mess you arround.
The important part (i'm told) is that you have to ensure the supplier knows that the PPQ prented is being used as part of the conditions of purchase.

Dear all

Many thanks for your comments there was some very useful comments and these will be included in the new document where applicable.

I will post a note when new document is available for comment

Thanks again for your input

Hi folks,
I enforce the PPQ requirement in this Trust. Before any new medical device is accepted for use, loan or trial, a PPQ is required to arrive on my desk in time to allow investigation of the facts quoted.
Without a completed PPQ, deliver is rejected. However, we live in the real world and know that some devices still get through, but we are winning. A number of companies now send a PPQ in anticipation of any trial / loan date.
The PPQ requirement is clearly stated in the Trust's Medical Devices Policy.
regards
Pete

At a recent medical devices group meeting, the subject of PPQs was debated. There were a number of comments about its fitness for purpose (the latest copy I have been able to find is dated June 2003) and this tends to be what most suppliers still use as a standard form. I note from previous correspondence on this thread that there was talk in 2006 of revising it, but I've never seen anything more up to date. Does anyone know who (if anyone) has ownership of this document, now that it's not PASA? Do any hospitals issue supplementary questions alongside the PPQ?

They are now managed by a company called BiP Solutions on behalf of the DoH and can be found here
They are now dated 2011 but do seem very familiar on first sight.
RoJo

Thanks Rojo,
Am I looking in the right place? I can only see indemnity documentation on the link that you posted.