2020-04-16 12:18:32 - 11

CBR asks for flexibility and renegotiation of payments for Radiology clinics

The Brazilian College of Radiology and Imaging Diagnosis (CBR) is mobilizing suppliers in the segment to renegotiate contracts or make debts and payments for inputs, maintenance contracts and acquisition of new equipment for diagnostic imaging clinics more flexible. The action aims to economically protect the sector that is already suffering from impact and losses in the face of the coronavirus crisis. Check below the full content of the letter that was sent to suppliers: Dear sirs, O BRAZILIAN COLLEGE OF RADIOLOGY AND IMAGING DIAGNOSTICS, non-profit civil association, registered with the CNPJ/MF under number 62.839.691/0001-79, with and jurisdiction in the Capital of the State of São Paulo, with address at Avenida Paulista, n° 37, set n° 71, in the city of São Paulo, State of São Paulo, CEP 01311-000, represented, in this act, by its President, Dr. Alair Augusto Sarmet, respectfully comes before Your Lordship, to expose and request the following: As you know, CBR is the association that brings together doctors and companies that perform activities related to diagnosis and treatment using Imaging Methods and/or ionizing radiation. And, among its purposes, there is the obligation to represent and assist its members in matters of collective, diffuse and national interest. Notoriously, the health crisis that plagues us, due to the spread of COVID-19 in Brazil and in the world, has acutely and complexly modified commercial and legal relations, including in the Radiology and Diagnostic Imaging sector. In this sense, with the aim of preserving the financial health of health services, which are so expensive and important in this time of crisis, we request that some issues be observed by you, on the occasion of the establishment of the relationship with the imaging clinics:
  1. Flexibilization for the discharge of existing debts, related to input values, equipment acquisition, etc., with installments or (re)installments, without the incidence of interest of any nature;
  2. Deferment of payment of existing debts, related to values of inputs, acquisition of equipment, etc., without incurring interest of any kind;
  3. Suspension of payment for maintenance contracts – or review of the amounts involved – in view of the abrupt drop in attendances that services will certainly have;
It is important to clarify that, even within the scope of those contracts whose benefits are economically affected by the restrictions imposed on everyone at this time, the CBR guideline is that before any revisional claim, one must resort to objective good faith and the duty to renegotiate All of this following the logic that the parties have a duty to avoid, whenever possible, the rupture of legal relations, given the imperative of mutual cooperation and loyalty that derives from article 422 of the Brazilian Civil Code and the constitutional principle of social solidarity ( article 3, I). Finally, we emphasize that the financial existence of the clinics is essential for the survival of the sector as a whole, since the damage resulting from the crisis will affect everyone. In this way, due to the good relationship maintained, we request that special attention be given to the facts and requests herein deduced. We take this opportunity to renew to Your Lordships the assurances of our esteem and distinguished consideration. Alair Augusto Sarmet Moreira Damas dos Santos President of the Brazilian College of Radiology and Imaging Diagnosis