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CBR asks for flexibility and renegotiation of payments for Radiology clinics

The Brazilian College of Radiology and Diagnostic Imaging (CBR) is mobilizing suppliers in the segment to renegotiate contracts or relax debts and payments for supplies, maintenance contracts and the acquisition of new equipment for diagnostic imaging clinics. 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,

THE BRAZILIAN COLLEGE OF RADIOLOGY AND IMAGE DIAGNOSIS, non-profit-making civil association, registered with CNPJ / MF under number 62.839.691 / 0001-79, with and venue in the Capital of the State of São Paulo, with address at Avenida Paulista, n ° 37, set nº 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, comes, respectfully, to the presence of Your Lordship, to expose and request the following:

As you know, the CBR is the association that brings together doctors and companies that carry out activities related to diagnosis and treatment using imaging methods and / or ionizing radiation.

And, among its purposes, there is an obligation to represent and assist its members in matters of collective, diffuse and national interest.

Notoriously, the health crisis that is plaguing us, due to the spread of COVID-19 in Brazil and worldwide, has changed business and legal relations in an acute and complex way, including in the Radiology and Diagnostic Imaging sector.

In this sense, in order to preserve the financial health of the health services that are so expensive and important in this moment of crisis, we ask that some issues be observed by Your Lordships, when the relationship with the imaging clinics takes effect:

  1. Flexibility to settle existing debts, related to input values, purchase of equipment, etc., with installments or (re) installments, without incurring interest of any kind;
  2. Deferral of payment of existing debts, related to input values, purchase of equipment, etc., without incurring interest of any kind;
  3. Suspension of payment of maintenance contracts - or revision of the amounts involved - in view of the abrupt drop in attendance that services will certainly have;

It is important to clarify that, even in the context of those contracts whose installments are economically affected by the restrictions imposed on everyone at this time, CBR's orientation is that before any revisionary claim, one must resort to objective good faith and the duty to renegotiate.

All this following the logic that the parties have a duty to avoid, whenever possible, the rupture of legal relations, in view of 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 fundamental for the survival of the sector as a whole, since the losses resulting from the crisis will affect everyone.

Therefore, due to the good relationship maintained, we request that special attention be given to the facts and requests now deducted.

We take this opportunity to renew to Your Lords the assurance of our esteemed and distinguished consideration.

Alair Augusto Sarmet Moreira Damas dos Santos
President of the Brazilian College of Radiology and Diagnostic Imaging

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Milena

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