Products. Buyer may purchase the products (the “Products”) listed in each Sales Confirmation.
- No Refunds / Exchanges. Except for instances involving Nonconforming Products (defined below), or Product returns governed under a separate agreement, all sales are final. There shall be no refunds, returns or exchanges of the Products, unless (i) Seller, or Seller’s Vendors (defined below) fail to deliver the Products to Buyer within thirty (30) days of the date the Buyer paid Seller for the Products (or such other lengthier date as agreed or noted in a Sales Confirmation), (ii) the Products are Consigned Products (defined below), or (iii) as otherwise later agreed to in writing between the Parties.
- Consigned Products. For the purpose of these Terms, “Consigned Product” means a Product that a Buyer receives and stores in proper conditions, but the Seller otherwise retains ownership and title to the Product until such Product is used by the Buyer. Returns associated with Consigned Product should be coordinated through each Buyer’s applicable sales representative or email via sales@worldreachhealth.com. Consigned Products must be returned unused and in its original packaging, without damage to packaging and/or the Products, and with no additional labels or materials added to the package.
- Seller Recall; FDA Recall. Product returned due to a recall per the Seller’s instructions, the instructions of any manufacturer of the Products and/or instructions of the Food and Drug Administration (the “FDA”) will only be eligible if authorized by Seller’s legal department or by a governmental entity with authority to issue such instructions to Seller and/or Buyer.
- In the event (a) any government authority issues a request, directive or order that any Products be recalled, (b) a court of competent jurisdiction orders such a recall, or (c) Seller reasonably determines,
after consultation with Buyer, that any Products should be recalled, Buyer shall cooperate with Seller in effecting such recall as Seller may reasonably request. Seller shall have administrative responsibility for effecting any such recall.
- In the event (a) any government authority issues a request, directive or order that any Products be recalled, (b) a court of competent jurisdiction orders such a recall, or (c) Seller reasonably determines,
- Non-Returnable Products. Return of Products that would have been subject to return under separate agreement, as Consigned Products or for 3 Nonconforming Products, shall not be permitted for the following circumstances (each “Non-Returnable Products”). Non-Returnable Products will not be eligible for authorized return and Buyer will not receive credit nor be released from payment obligations in the event of an unauthorized return that is outside of the eligible return criteria set forth under separate agreement. For the avoidance of doubt, Products are not eligible for credit or replacement under the above, regardless of whether the Products otherwise satisfies the requirements in any of the section previously specified:
- Products that are not in their original packaging or container and/or not bearing its original label; or lot numbers or expiration dates are missing; unless (a) a certification of return circumstances that would not require the return of physical Products (e.g., loss, damage, etc.) and proper disposal, if applicable, has been submitted and Seller has approved and processed such certification or (b) Products are physically returned, but are damaged (at time of shipment by Seller) making fulfillment of this requirement impossible;
- Products involved in a fire, flood, natural disaster or obtained in a sacrifice or bankruptcy sale;
- Products that are in a deteriorated condition due to improper storage by Buyer (e.g., exposure to water, heat, cold or fire);
- Products that Seller has previously designated as “nonreturnable” by contract or notice to Buyer;
- Products that have been repackaged;
- Products purchased for research or clinical trials or shipped as a no cost item (e.g., physician sample, Products replaced through separate Seller-approved Product replacement program, etc.);
- Products damaged or rendered unusable due to mishandling or error by Buyer;
- Any private-labeled products manufactured by Seller but sold by a third party. These products should be returned under the terms and conditions for returned offered by the selling entity.
