Mode: DEV [PRODUCTION]

 

Should credit availability be granted by Nutricia North America, all decisions with respect to the extension or continuation of credit shall be at the sole discretion of Nutricia North America. Nutricia North America may terminate any credit availability within its sole discretion. 

The preceding information is for the purpose of obtaining credit and is warranted to be true. I/We hereby authorize Nutricia North America to investigate all references and customary credit information sources including consumer credit reporting repositories (see Consent to Obtain Consumer Credit Report below) regarding my/our credit and financial responsibility for the purpose of obtaining credit and for periodic review for the purpose of maintaining the credit relationship.

 

CREDIT TERMS: All invoices are due NET 30 DAYS from the date of the invoice. All amounts due for purchases from Nutricia North America are payable at P.O. Box 7247, Lockbox 7531 Philadelphia, PA. 19170-7531. A service charge of one-and-one-half percent (1 ½%) per month, or eighteen percent (18%) per annum may be assessed on delinquent invoices but not to at any time exceed the highest legal rate of interest legally allowed.

 

VENUE: It is further understood that this agreement is entered into in the State of Maryland, Montgomery County and is governed by the laws of the State of Maryland.

 

CHANGE OF OWNERSHIP: I/We understand that we must notify Nutricia North America in writing and by certified mail of any change in ownership, the name of the business or structure of the business under which credit is established.

 

COLLECTION AND ATTORNEY’S FEES: In the event of default, and if this account is turned over to an agency and/or attorney for collection, the undersigned agrees to pay all reasonable attorney’s fees, and/or cost of collection whether or not suit is filed.

 

CERTIFICATE OF USE: I/We certify that this request is for the extension of credit for business purposes only and not for the extension of credit for personal, family or household purposes.

 

AUTHORITY OF SIGNATURE AND TITLE: The person executing this agreement has the authority to bind the customer and is authorized by the customer to enter into the credit application terms and conditions.

 

ECOA Notice: The federal Equal Credit Opportunity Act prohibits creditors from discrimination against Credit Applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the Applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act.  The federal agency that administers compliance with this law concerning this credit is the Federal Trade Commission, Division of Credit Practices, 6th and Pennsylvania Avenue NW, Washington, D.C. 20580.

 

Submit Completed application along with a copy of your Controlled Substance Registration Certificate, Resale Certificate or Uniform Sales and Use Tax Certificate to:

Nutricia North America – New Accounts

P.O. Box 117 Gaithersburg, MD. 20884-0117

Fax:  301-795-2302

Email: Brenda.Becton@Nutricia.com

 

General Terms and Conditions of Sale – Nutricia North America, Inc. Last Revised October, 2016

 

INTRODUCTION

These General Terms and Conditions of Sale (“Sales Policies”) govern the offering, sale and delivery of all goods and/or services (hereinafter jointly referred to as the “Good(s)”) from or on behalf of Nutricia North America, Inc., with its principal place of business at 9900 Belward Campus Drive, Suite 100, Rockville, Maryland, United States (“Company”), to wholesalers, distributors, hospitals, healthcare providers, and pharmacies (collectively “Customer”) and apply to all transactions between Company and Customer.

The Company’s Sales Policies supersede any general terms and conditions of Customer.  Furthermore, the Sales Policies supersede any and all terms of prior oral and written quotations, purchase orders, communications, agreements and understandings of the parties in respect of the sale and delivery of the Goods and shall apply in preference to and supersede any and all terms and conditions of any order placed by Customer and any other terms and conditions submitted by Customer. Any communication or conduct of Customer which confirms an agreement for the delivery of Goods by Company, as well as acceptance by Customer of any delivery of Goods from Company shall constitute an unqualified acceptance by Customer of the Sales Policies.

Company reserves the right to amend the Sales Policies at any time. Company will notify Customer of any such amendments by sending the amended Sales Policies to Customer along with the effective date of such amended Sales Policies. The amended Sales Policies shall apply to all transactions concluded between Customer and Company after the effective date of such amendments.

Please contact your local Company Sales Representative with any questions.

 

QUOTATIONS

Unless stated otherwise by Company, quotations made by Company in whatever form are not binding to Company and merely constitute an invitation to Customer to place an order. All quotations issued by Company are revocable and subject to change without notice.

The Company reserves the right to make any changes in the specification of the Goods which are required to conform to any applicable safety or statutory requirements.

 

PRICES

Prices of Company’s Goods are as set out in the Confirmed Order.

Company may increase the price of Goods at any time.  The price of Goods for a particular order shall be the price set at the time an order is placed and confirmed, except where pricing has been fixed in a written agreement between Customer and the Company. Unless the prices have been indicated as firm by Company in the Confirmed Order, Company is entitled to increase the price of the Goods still to be delivered if the price determining factors have been subject to an increase. These factors include but are not limited to: raw and auxiliary materials, energy, goods obtained by Company from third parties, social security contributions, governmental charges, freight costs and insurance premiums.

 

TERMS OF SALE

The Company reserves the right to extend or deny terms based on an assessment of the Customer’s financial health and ability to pay.  Terms will only be granted after completion of a credit application by the Customer and approval by the Company’s Credit Department.  Customer who has not purchased from the Company for a continuous six month period may be subject to credit review prior to processing an order. 

Unless otherwise agreed to between the parties, payment for the invoices shall be received by Company within thirty (30) days from the date of Company’s invoice, which is based on the date product is shipped to the Customers’ designated warehouse.  Company encourages all Customers to remit payment electronically to reduce the risk of potential fraud and promote sustainability.  All payments shall be made without any deduction or set-offs. Deductions that are taken in violation of this policy will be classified as invalid and Customer will be expected to repay.  The Company reserves the right to suspend further shipments for invalid claims not repaid. 

With regard to payment for the Goods, time is of the essence. Company may, without prejudice to any other rights of Company, charge interest on any overdue payment, as permitted by local law and computed on a daily basis, from the due date until all outstanding amounts are paid in full. 

Customer must notify Company of any complaint with respect to the invoice through its Customer Service Department (1-800-365-7354) within 30 (thirty) days after the date of invoice. Thereafter, Customer shall be deemed to have approved the invoice.   

Customers filing complaints regarding invoices must provide complete documentation. Claims prepared by a third party (outside audit firm) must be thoroughly reviewed and approved by the Customer before submitting to the Company.  The Company requires a minimum of sixty (60) days from the date of receipt of the claim to research the claim and approve or deny it for payment prior to the Customer taking any action. 

 The Company, in its sole and exclusive discretion, shall determine if the claims are valid. If the claim is deemed valid, the parties shall mutually agree to the method of payment for reimbursement. If a claim is deemed invalid and a deduction is taken for that claim, this deduction will be in violation of the Company’s terms of sale. The Company reserves the right to suspend further shipments of the Company’s products in the event a Customer takes unauthorized deductions for these types of charges until such claims are repaid by the Customer.

 

DELIVERY AND ACCEPTANCE

Unless otherwise agreed to between the Company and Customer, all deliveries of Goods shall be F.O.B. place of destination and any times or dates for delivery by Company are estimates and shall not be of the essence. Company is entitled to deliver the Goods as stated in the Confirmed Order in parts and to invoice separately. Delay in delivery of any Goods shall not relieve Customer of its obligation to accept delivery thereof, unless Customer cannot reasonably be expected to accept such late delivery. Customer shall be obliged to accept the Goods and pay the rate specified in the Company’s Confirmed Order for the quantity of Goods delivered by Company.

 

TRANSFER OF RISK AND PROPERTY

Title of and risk in the Goods shall pass to the Customer at the time of delivery, or if the Customer wrongfully fails to take delivery of the Goods, at the time when the Company has tendered delivery of the Goods.

 

EXPORT

The Customer shall not directly or indirectly sell the Goods, without the prior written consent of the Company, to any person or entity that is located outside of the United States or its territories, or to any person or entity that the Customer knows or should have known, based on the circumstances, will or may attempt to directly or indirectly export outside the United States or its territories such Goods for resale.  Notwithstanding the preceding terms, the Customer may sell and distribute Goods to the United States government for use outside the United States and its territories.

 

ANTI-DIVERSION

The Company shall not be obligated to pay any trade funds, which include without limitation, incentives, promotions, price support, etc. (“Trade Funds”) to any Customer who either purchases or sells Diverted Products.  “Diverted Products” means: 

  • Products purchased by Customer from any source other than directly from the Company or Company-authorized source;
  • Products purchased directly from the Company by Customer and then re-sold to any Customers or entities outside of Customer’s territory, if applicable.

Trade Funds that the Customer received for Diverted Product will be classified as invalid and Customer will be expected to repay to the Company.

The Company reserves the right to reduce the Trade Funds and/or suspend further shipments to reclaim promotional allowances for Diverted Product.

 

SALES

On selling the Goods, the Customer shall at all times observe and comply with all reasonable directions of the Company as to the means and manner in which they are sold and with all guidelines and policies of the Company which may from time to time be modified in the Company’s sole discretion.

 

NOT A FRANCHISE

Notwithstanding anything to contrary in any provision of these Sales Policies, Customer understands and expressly acknowledges that its relationship with the Company is NOT A FRANCHISE relationship as that term is defined in 16 C.F.R. § 436.1(h), or in any applicable state franchise relationship or disclosure laws, and that the Company has not promised or represented, either orally or in writing, that the relationship between the Company and Customer is or has any of the characteristics of a “franchise” as defined by said laws.  In addition, Customer understands and specifically acknowledges that it did NOT make, was NOT required to make, and did NOT commit to make, any payment(s) (including, but not limited to, any direct, indirect, hidden, refundable, lump sum, installment, fixed, fluctuating, up-front, or periodic payment(s)) or provide other consideration to the Company or any of its affiliates for the right to enter into this relationship, or by virtue of practical necessity, or as a condition of obtaining or commencing operation of the Route as those terms are defined in 16 C.F.R. § 436.1(s), or in any applicable state franchise relationship or disclosure laws.  Customer also understands and expressly acknowledges that any amounts paid by Customer to the Company for the purchase of products to service the Territory do NOT exceed the bona fide wholesale of inventory for goods for which there is a ready market for resale, and that the Company is NOT requiring Customer to purchase excessive quantities of inventory or goods.  Customer also understands and expressly acknowledges that ordinary business expenses paid to third parties, including but not limited to the cost of leasing or purchasing warehouse or office space, purchasing trucks, purchasing insurance, purchasing machinery, or purchasing computer hardware and/or software, are expenses typically incurred by all businesses and are NOT a precondition imposed by the Company on Customer.

 

QUALITY ASSURANCE

A condition of sale is that Customer will not resell any damaged, out of date, or otherwise unsaleable Company product.  Any product liability cost and expense incurred through the unauthorized sale of Company product will be borne by the unauthorized seller of the product. 

If a Customer retains product at time of delivery that is determined unsaleable, Customer will have to contact the Company for product(s) disposition instructions. In order to determine if the product is considered unsaleable, the Customer must contact the Company to receive instructions.  If destruction is required, proof of destruction must be provided to Company upon disposal.  Returns which have been in contact with patients or care-givers in a microbiologically sensitive environment (particularly hospitals) cannot be returned to the Company warehouse, and should be destroyed by the Customer.

Deductions that are taken in violation of this policy will be classified as invalid and Customer will be expected to repay. Company reserves the right to suspend further shipments for invalid claims not repaid.

 

PRODUCT RETURNS FOR DIRECT PURCHASES

Customers shall follow the below procedure when requesting a product return:

  • Contact the Customer Service Department (1-800-365-7354) to obtain a Return Merchandise Authorization (RMA) Number.  The Company will not accept any product returns without prior approval and an RMA number. When you call, please have the purchase order or invoice number available along with; product name, item number, lot code number, expiration date, quantity and reason for return. 
  • In the event that shortages, errors, damages, or quality issues are noticed at time of delivery, it must be noted on the delivery paperwork and must be reported to Nutricia North America Customer Service within forty-eight (48) hours of delivery.  All requests for an RMA number must be made within this same period.
  • All product returns must meet the following conditions:
    • Product has been purchased directly from the Company.
    • Product has an expiration date greater than three (3) months when it arrives back to the Company.
    • Product must be unopened, in good condition and within the original master case.  (Exception, products sold in single unit).
    • Product case(s) / carton(s) must be free of any markings, writing, labels or stickers.
    • Product must be returned in an outer shipping box which contains sufficient packing material.
    • Return product lot number must be the same as the original purchase order lot number.
    • The Return Merchandise Authorization (RMA) number must be written and visible on the outer shipping box for all packages.
    • Returned product may not be packaged with packing peanuts.  Product cannot be exposed to packing peanuts.
  • In the event that Product is returned without an RMA number marked on the outer shipping box or in violation of any of the other provisions of this Sales Policy, Company reserves the right to not issue a credit.
  • Customer is responsible for all returned product shipping charges back to the Company, except in the case of shortages, errors, damages, or quality issues reported within forty-eight (48) hours of delivery.
  • When a discounted product is returned and a restocking fee applies, restocking fee and credit will be applied to the discounted purchase only.
  • A 20% restocking fee will be charged for all product returns, except in the case of shortages, errors, damages, or quality issues reported within forty-eight (48) hours of delivery.
  • The Company does not accept returns from indirect purchasers.  All indirect purchasers must return product to the vendor where the product was purchased to receive credit.
  • Product must be received by Company warehouse within thirty (30) days of RMA issuance.  Credit will be issued upon receipt, verification and inspection of all returned product.
  • Please allow fourteen (14) business days for credit processing from receipt of the product(s) at the Company warehouse.

The terms and conditions in this Product Return Policy shall supersede any conflicting terms and conditions.  

If the Customer does not notify the Company in accordance with the Product Return Policy, the Customer shall not be entitled to return the Goods, the Company shall have no liability for such defect or failure, and the Customer shall be bound to pay the price as if the Goods had been delivered in accordance with this Policy. 

Where any return of Goods is notified to the Company and authorized in accordance with the Product Return Policy, the Company shall be entitled to replace the Goods free of charge, or, at the Company’s sole discretion, to refund to the Customer the price of the Goods (or a proportionate part of the price) but the Company shall have no further liability to the Customer. 

Where an invalid claim is made in respect of any of the Goods, which results in the Customer’s return of Goods to the Company that do not conform to the requirements of the Product Return Policy, the Customer shall be liable for the full purchase price.

 

TRACEABILITY

For the purpose of food safety and traceability of the Goods, the Customer shall have such systems and procedures (“Books and Records”) that are easily accessible showing the identity of the purchaser to which the Customer has supplied the Goods, the date at which the Goods were sold and delivered and the place of delivery.

To that effect the Books and Records shall contain, but not be limited to, the following details:

  • full name of the purchaser and if the purchaser is a legal person, its legal form;
  • full address of the purchaser, including street name and number, city, state and postal zip code;
  • telephone number of the purchaser;
  • email address of the purchaser;
  • name and quantity of Goods sold to the purchaser, and
  • batch numbers of the Goods sold to the purchaser.

The Customer shall ensure that all Goods sold to a purchaser shall at all times be accompanied by documentation or information that identifies the Customer as the business that has sold the Goods to the purchaser, the batch number of the Goods Customer sold to the purchaser, and the date when Customer sold and delivered the Goods to the purchaser.

The Books and Records shall be open at all times to inspection and audit by the Company or its duly authorized agent or representative who shall be entitled to make copies of or extracts from the same in case the Company has a reason to believe that Goods supplied by the Company are not in compliance with Food Safety requirements.

On reasonable demand and upon forty eight hours written notice the Company or its duly authorised agent or representative may inspect and audit the premises of the Customer and the Books and Records to make sure that the Customer complies with all laws and requirements regarding food safety.

 

INTERFERENCE WITH MARKINGS

The Customer shall not alter, obscure, remove, conceal or otherwise interfere with any markings, warnings, instructions or information placed by the Company on the Goods or with their labeling and packaging. The Customer will use its best efforts to procure that retail customers are notified of this term and comply fully with it.

 

WARRANTIES

The Company warrants that the Goods provided to Customer comply with the Company’s applicable product specifications for such Goods. Other than any warranties expressly set out in these Sales Policies, the Company explicitly disclaims to the fullest extent permitted by law any and all warranties, conditions or other terms (including without limitation any warranty of merchantability or fitness for a particular purpose) that may be implied by United States law or the law of any U.S. state or territory.

 

CUSTOMER FINES AND PENALTIES

The Company will not pay fines or penalties levied by any Customer unless proposed fines or penalties have been pre-approved in writing by an authorized Company representative. The Company will not honor any charges or deductions without prior written approval, including without limitation, the following: charges or deductions for detention, unloading, late delivery, late notification of promotions, bad pallets and/or lost sales.

Deductions that are taken in violation of this policy will be classified as invalid and Customer will be expected to repay. The Company reserves the right to suspend further shipments for invalid claims not repaid.

 

IDEMNIFICATION

Customer agrees to indemnify, defend and hold the Company harmless from and against any and all claims, demands, actions, liabilities, damages, costs, losses and expenses including reasonable attorneys’ fees (collectively “Damages”) which the Company may incur, suffer or be required to pay by reasons of (1) performance or non-performance of the Customer’s respective obligations and services hereunder; and/or (2) any negligent act or omission of, or breach by, the Customer in the performance of services in connection with these Policies. With respect to claims between the parties, each party shall be responsible for their own attorneys’ fees.

In addition and without limitation, Customer is specifically responsible for Damages arising out of the following: (i) any express warranties or claims made respecting the Company products which are not specifically pre-authorized by the Company in writing; (ii) any physical or chemical change in the Company products made by Customer after acceptance of delivery hereunder; (iii) any repackaging of the Company products; (iv) any failure to make such inspection, adjustment, testing or servicing as would customarily be made in the usual course of business, in connection with the distribution, sale or consumption of the Company’s products; (v) any failure to maintain the Company products in a merchantable condition after delivery; and (vi) any misappropriation or misuse of the Company’s intellectual property.

 

SUSPENSION AND TERMINATION

If Customer is in default of performance of its obligations towards Company and fails to provide to Company adequate assurance of Customer’s performance before the date of scheduled delivery; or if Customer becomes insolvent or unable to pay its debts as they mature, or goes into liquidation or any bankruptcy proceeding shall be instituted by or against Customer or if a trustee or receiver or administrator is appointed for all or a substantial part of the assets of Customer, or if Customer enters into a deed of arrangement or makes any assignment for the benefit of its creditors, then Company may by notice in writing forthwith, without prejudice to any of its other rights:

  • demand return and take repossession of any delivered Goods which have not been paid for and all costs relating to the recovery of the Goods shall be for the account of Customer; and/or
  • suspend its performance or terminate Company’s Confirmation for pending delivery of Goods unless Customer makes such payment for Goods on a cash in advance basis or provides adequate assurance of such payment for Goods to Company.

 

In the event of suspension and/or termination pursuant to this policy, all outstanding claims of the company shall become due and payable immediately with respect to the Goods delivered to Customer and not repossessed by Company.

On reasonable demand and upon forty-eight hours written notice, the Company or its duly authorized agent or representative may inspect and audit the premises of the Customer, including its books and records to make sure that the Customer complies with all applicable laws and requirements regarding food safety.

 

INTELLECTUAL PROPERTY RIGHTS

The Company owns the entire right, title, and interest in and to its trademarks, designs, patents, copyrights and other intellectual property, whether registered or not (“IP”), and Customer shall acquire no ownership rights in or to the Company’s IP by virtue of these Sales Policies or otherwise and all use by Customer of the Company’s IP shall inure to the benefit of the Company. Customer shall not, directly or indirectly, contest or aid in contesting the Company’s ownership of the Company’s IP or the validity of the Company’s IP. All uses of the Company’s IP are subject to approval by the Company. Customer shall only use the Company’s IP in the form and manner specifically approved by the Company. Customer shall submit proposed uses to the Company for written approval prior to actual use. Customer shall comply with all instructions issued by the Company regarding Customer’s use of the Company’s IP.

 

CONFIDENTIALITY AND OWNERSHIP

Any and all aspects of the Company’s business, including without limitation, all non-public information related thereto, that Customer becomes exposed to during the course of business with the Company, shall be maintained as confidential, and shall not be further disclosed by Customer, or used by Customer for any purpose other than performing COMPANY-authorized services.

The Company shall at all times retain full ownership in and to all information respecting its business, and shall be the sole and exclusive owner of all materials, items, supplies, work product, designs, drawings, or other deliverables which are provided to Customer or created or developed by Customer for the Company.

 

FORCE MAJEURE

Neither the Company nor Customer shall be liable for any delays, damages or failure to perform arising from causes reasonably beyond its respective reasonable control which cannot be avoided, including without limitation, unforeseen, unpreventable acts of God or public enemies; compliance with a United States federal, state, or local law, government regulation or order; labor disputes; acts of civil or military authority, terrorism, wars or conditions of war; riots or embargoes; accidents, fires, epidemics, earthquakes, tornados, floods, or other unusually severe weather; lack of or failure of transportation or closing or obstruction of highways, bridges or ferries; shortage of raw materials, goods or power; breakdown of plant or essential machinery, emergency repair or maintenance, breakdown or shortage of utilities, delay in delivery or defects in goods supplied by suppliers or subcontractors or other failure of equipment, which have a material, substantial and adverse effect on either party’s ability to perform (“Force Majeure Event”); provided, the party claiming a Force Majeure Event promptly notifies the other party and the reasonably anticipated time during which it will not be able to perform.

 

INDEPENDENT CONTRACTOR

Nothing in these Sales Policies shall create a partnership, joint venture, or establish the relationship of principal and agent or any other relationship of a similar nature between the Company and Customer. Customer shall be considered an independent contractor and neither party is granted the right or authority to assume or create any obligation on behalf of or in the name of the other. Neither Customer nor its employees are employees of the Company, and neither party will in any event be held liable or accountable for any obligations incurred by the other party, except as set forth in these Policies.

 

APPLICABLE LAW - JURISDICTION

These Sales Policies shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to the conflict of laws provisions thereof. The U.N. Convention on Contracts for the International Sale of Goods dated 11 April 1980 (CISG) shall not apply. Any action regarding these Policies or their enforcement shall be subject to the exclusive jurisdiction of the courts of Maryland.

 

COMPLIANCE WITH LAWS

Customer shall comply with all applicable federal, state and local employment and other laws, government regulations and orders. Customer agrees that it shall be solely responsible, as applicable, for compliance with the Federal Social Security Act, the state and Federal Unemployment Insurance Acts, the federal Stark Law, the federal Anti-kickback statute, the federal False Claims Act, the federal Health Insurance Portability and Accountability Act (“HIPAA”), the Americans with Disabilities Act, the Federal Food, Drug, and Cosmetic Act, state worker’s compensation laws, wage and hour laws, any and all applicable sales, use, and gross receipts tax laws and regulations, applicable safety and health laws, standards and regulations, any applicable environmental laws and regulations, and all other applicable laws, regulations, guidelines, permits, and/or licenses, and Customer assumes exclusive liability for the reporting and payment of any and all contributions and taxes required thereby.

All discounts hereunder shall be payable in a manner which complies with the requirements of 42 C.F.R. 1001.952, of the Medicaid/Medicare regulations. Customer may have an obligation to report any discount to any state or federal program which provides cost or charge-based reimbursement to Customer for the items to which the discount applies. Customer agrees that it and all Customer affiliated entities will (i) fully and accurately report prices paid under this Sales Policy net of all rebates and other discounts to Medicare, Medicaid, and other state and federal health care programs and third party payors as appropriate on reimbursement claims and any applicable cost report and as otherwise required by law or contract, and (ii) retain a copy of this Policy and all other communications regarding pricing under this Policy together with the invoices for purchase, and provide representatives of Medicare, Medicaid or other state or federal health care programs access to such records upon request. To the extent that Customer receives any discount, rebate, or other price reduction from NUTRICIA as a result of purchases made under this Policy, NUTRICIA shall, in accordance with 42 C.F.R. § 1001.952(h), fully and accurately report such rebate, discount, or other price reduction on any invoice, coupon, or statement reflecting such transaction submitted by NUTRICIA to Customer.

In addition, Customer represents and warrants that it will not discriminate against any employee or applicant for employment because of race, color, religion, disability, sex, national origin, age, physical or mental disability, sexual orientation, veteran status, genetic characteristic, or any other unlawful criterion and that it shall comply with all applicable laws against discrimination and all applicable rules, regulations, and orders issued thereunder or in implementation thereof. Finally, if applicable, the Equal Opportunity Clauses set forth in 41 C.F.R. §§ 60-1.4(a), 60-250.5(a), 60-300.5(a) and 60-741.5(a) and the employee notice found at 29 C.F.R. Part 471, Appendix A to Subpart A are incorporated by reference herein. In addition, but also only if applicable, Customer shall abide by the requirements of 41 CFR §§ 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals on the basis of protected veteran status or disability, and require affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans and individuals with disabilities.

The Company represents that it does not need and should not receive any Protected Health Information, as that term is defined in the HIPAA. If any terms of this policy are determined by any court or by the OIG of the Department of Health and Human Services to be contrary to any such statutes or regulations, the parties agree to promptly and in good faith confer and resolve any issues so as to make the performance of this policy consistent with all applicable statutes and regulations.

 

SPECIAL REQUEST

The Company will review all special requests from Customers and evaluate each one for production efficiencies, the ability to offer these products at a fair and equitable cost, and the overall business opportunity. Customer programs must result in fair and equitable support within a given marketplace.

 

MISCELLANEOUS

If any terms of the Policies are invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule or law, such term shall be deemed reformed or deleted by and only to the extent necessary to comply with such statute, regulation, ordinance order or rule, and the remaining provisions of these Policies shall remain in full force and effect.

The Customer may not assign, transfer, subcontract (or deal in any other manner with) any of its rights or obligations under these Sales Policies without the prior written agreement of Company.

No variations to these Sales Policies made by Customer shall be binding unless agreed in writing between the authorized representatives of the Company.

 

For any further information concerning your credit application please email your inquiries to Customercreditapp@nutricia.com

Credit Application

Purchasing Contact

Business Account

Accounts Payable Contact

Business Information

Primary Nutritional Supplier Trade Reference #1

Primary Nutritional Supplier Trade Reference #2

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