Master Indemnity Agreement

Source: Gov.UK

MIA is an agreement between NHS organisations in England and suppliers that provide equipment free of charge, either on loan or on a permanent basis.

The MIA Call-Off Agreement is an agreement entered into directly by an NHS Trust or another NHS organisation (“Authority”) with a supplier (“Supplier”) when it is in receipt of equipment (to include products) (“Equipment”) from a Supplier, on either a loan or transfer basis, without financial payment, for purposes to be set out as part of such MIA Call-Off Agreement. The current updated version of the template MIA Call-Off Agreement can be found at the MIA website and should be completed by the Authority and Supplier each time a piece of Equipment is provided under these arrangements. A failure to complete such an MIA Call-Off Agreement in relation to a piece of Equipment will mean that the parties will not get the protections afforded by these arrangements in relation to that Equipment. For example, the Authority will not get the benefits of the relevant indemnity provisions and the Supplier will not get the benefit of the legally binding commitments given by the Authority as referred to in paragraph 1.3 below and the contractual limitations of liability, as set out in the Master Indemnity Agreement Terms and Conditions (see below). For the avoidance of doubt, these arrangements are not suitable for clinical trials, clinical investigations or other research projects. Research projects in the NHS in England are expected to have appropriate agreements in place that would cover insurance and indemnity arrangements for any loaned and/or gifted equipment. Under Health Research Authority (“HRA”) Approval, such agreements and associated insurance and indemnity arrangements are assessed centrally by the HRA. For further guidance on HRA Approval and other projects, please consult the HRA website. For model agreements relating to various research scenarios please consult the UKCRC website