A connection to better health!

TERMS & CONDITIONS OF SALE

1. All orders are subject to acceptance by Nexus Pharmaceuticals, Inc. and are expressly limited to Buyer’s acceptance of these terms.
2. Title of goods shall pass to Buyer upon delivery to the carrier.
3. Terms of payment are Net 30 days from the date of the invoice unless otherwise agreed to in writing by Nexus Pharmaceuticals, Inc. and specified on the front of the invoice. Invoices not paid per terms are subject to late charges of one and one-half percent (1.5%) per month (eighteen percent (18%) per year). Prices billed are the prices in effect at the time the order was taken and are subject to change without notice.
4. All claims for errors, damages, discrepancies, and shortages must be reported to Nexus Pharmaceuticals, Inc. Customer Service within ten (10) business days from the date of receipt.
5. All taxes and other charges imposed federal, state, local, or foreign governments on the manufacture, sale, import, export, or use of the goods or services shall be paid by Buyer.
6. Returned product must have a Return Authorization (“RA”) Number clearly marked on the outside of each box, include shipping and debit memo documentation, and be returned with all goods.
7. Credits for returned merchandise will be issued only for items that are authorized by Nexus Pharmaceuticals, Inc. in writing for return, and will be credited to the customer’s account to apply toward future purchases. Said credits will be issued at the original purchase price shown on the invoice, less the amount of any off-invoice allowances or adjustments.
8. Any item returned for credit must be sealed in its original package (except in GA, MS & NC), un-marked and have been stored and shipped in compliance with USP drug monographs, FDA guidelines, and the manufacturer’s requirements. Dated products, refrigerated products, special order products and products with opened containers or packaging are not returnable unless otherwise agreed to by Nexus Pharmaceuticals, Inc. Nexus Pharmaceuticals, Inc. is not responsible for merchandise returned without authorization, and reserves the right to reject the same and charge customer for any shipping or other charges incurred.
9. Items returned due to customer error or overstocking are subject to a twenty percent (20%) processing fee.
10. The Buyer assumes all risk as to the use of the goods. Total damages recoverable against the Nexus Pharmaceuticals, Inc. hereunder shall be exclusively limited to the purchase price of the goods with respect to which damages are claimed.
11. Failure of Nexus Pharmaceuticals, Inc. to make, or Buyer to take any delivery hereunder (or portions thereof) when due, if occasioned by any circumstances or condition beyond the control of the party so failing, shall not subject said party to any liability to the other and at the option of either party, the total quantity hereunder shall be reduced by the deliveries so omitted.
12. Credits must be netted against invoiced amounts before calculating discount.
13. Buyer shall pay any collection agency or attorney’s fees incurred to collect a delinquent balance on demand.
14. Stenographical, clerical, or computer errors on the face side hereof are subject to correction.
15. Nexus Pharmaceuticals, Inc. makes the following warranties and only the following warranties:
    • All products conform to the standard of identity and quantity stated
    • All products are free from defects in workmanship and materials
    • For the purpose of section 303(c) of the Federal Food, Drug and Cosmetic Act, as amended, Nexus Pharmaceuticals, Inc. guarantees that no article when shipped is adulterated or misbranded within the meaning of said Act, or is an article which may not, under the provisions of Section 404 or 505 of said Act, be introduced into interstate commerce; and that the goods were produced in compliance with the Fair Labor Standards Act of 1938, as amended; and that no chemical substance supplied hereunder was manufactured, processed, or distributed in commerce in violation of Section 5 or 6 of the Toxic Substances Control Act, a rule or order issued there under, or an order issued in an action brought under Section 5 or 7 of that Act.

NON-WHOLESALER RETURNED GOODS POLICY

Before returning any product to Nexus Pharmaceuticals, Inc. customers must first call the Nexus Pharmaceuticals, Inc. Customer Service Department and obtain a Return Authorization (“RA”) number. All products returned to Nexus Pharmaceuticals, Inc. without an RA number will be refused.

Nexus Pharmaceuticals, Inc. will issue authorization for the return of eligible, unopened product only: (no partial containers. Except in GA, MS & NC)

Eligible Products for Return

1. Received by customer as damaged. – Products received damaged may be returned for full credit, including freight, when reported within ten (10) days of receipt. If product is received damaged, please have the transportation company note “damaged” or “broken” on the freight bill. Claims with UPS/RPS should remain in the original carton for inspection.
2. Received by customer in error or shortages– Product shipped in error by Nexus Pharmaceuticals, Inc. may be returned, if applicable for full credit, including freight, when returned within thirty (30) days of invoice date.
3. Ordered by the customer in error – Products ordered in error may be returned for credit, freight prepaid, when reported within ten (10) days of receipt.
4. n dated and expired product may be returned for credit, if approved by Nexus Pharmaceuticals, Inc. In-dated product can be returned within six (6) months prior to expiration. Expired product can be returned within six (6) months after expiration for credit to be issued. Expired / in-dated product approved by Nexus Pharmaceuticals, Inc. for return must be shipped freight prepaid. Items returned as outlined in section four (4) are subject to a twenty percent (20%) processing fee.

Non-Eligible Products for Return

1. Product involved in fire, sacrifice or bankruptcy sale; or items that have been damaged due to conditions beyond the control of the manufacturer, such as improper storage, heat, cold, water, smoke, fire, or negligence.
2. Products returned from Retail Pharmacy and Distributor Customers.
3. Product not properly stored as outline by the Prescription Drug Marketing Act.
4. Product that has been discontinued by Nexus Pharmaceuticals, Inc.
5. Product that has been opened or partial containers. (Except in GA, MS & NC)
6. Product that has been purchased at special pricing or free goods.
7. Product returned by other than the purchaser. (Except by 3rd Party Processor agent)
8. Product purchased directly from a drug wholesaler should be returned to the wholesaler for credit.
9. Product sold with specific understanding that is non-returnable.
10. Product originally sold through other than normal domestic channels of distribution.
11. Product that has been repackaged or are in other than Nexus Pharmaceuticals, Inc. containers or packages.

To obtain authorization to return product for credit, please call Nexus Pharmaceuticals, Inc. Customer Service 888 - 806-4606 with the following information:

• Product Name
• Quantity for Each Product
• Lot Numbers
• Unit Price
• Debit Memo Number
• Billing Address
• Shipping Address
• Reason (i.e., concealed damage)
• Contact Person

Nexus Pharmaceuticals, Inc. Customer Service Department will provide an RA number for those items approved for credit. All returns must have the RA number clearly marked on the outside parcel, include shipping and debit memo documentation, and be returned with any goods. No product will be accepted for return without an RA number.

Unauthorized returns may be destroyed and not reimbursed. Nexus Pharmaceuticals, Inc. reserves the right to inspect all authorized returns prior to issuing credit and to destroy products deemed unfit for sale whether or not they are eligible for credit.

Nexus Pharmaceuticals works with a number of authorized distributors. For more information about becoming an authorized distributor, call (888) 806-4606

• Amerisource Bergen
• Cardinal Health
• McKesson
• Morris-Dickson
• HD Smith