Page 21 - 2020 Catalog

Terms and Conditions

1. All claims for damages, discrepancies and shortages 7. All taxes and other charges imposed by federal, state,
must be reported to Customer Service within 48 hours local or foreign governments on the manufacture, sale,
of receipt of products. Any returns must be authorized in import, export or use of the goods or services (other
writing by Oncology Supply in accordance with the Prescrip- than income taxes) shall be paid by Buyer.
tion Drug Marketing Act, Oncology Supply’s Returned
Goods Policies and any other applicable policy or procedure. 8. Buyer is liable for and will pay the invoice in full
All returns must be accompanied by a Return Authorization regardless of whether Buyer is reimbursed by any
(RA) Number. Some products may not be returnable due insurer or other third party for the invoiced amount.
to manufacturers’ policies. Oncology Supply is not liable
for any return package received without a valid RA 9. Oncology Supply’s liability on any type of claim
number. Returns may be subject to a handling fee and may whatsoever shall in no case exceed the price of goods or
only be returnable for partial credit. Product must be services or part thereof that gives rise to the claim and in
returned in original packaging, in saleable condition and no event shall Oncology Supply be liable for special,
comply with any applicable climate control requirements. A incidental, punitive or consequential damages.
complete explanation of our return policy is included in
each Oncology Supply catalog for your convenience and 10. Oncology Supply is not a manufacturer of any
reference. products. Oncology Supply warrants that all products
supplied hereunder shall be free and clear of all liens
2. Invoices not paid per the stated terms are subject to late and encumbrances. Oncology Supply disclaims all other
charges of 1.5% per month (18% per year) or the maximum warranted, express or implied, including those of merchant-
rate allowed by law, whichever is less. Oncology Supply will ability, non-infringement, fitness for a particular purpose,
be entitled to attorneys’ fees and costs incurred to collect for products and services. No oral or written information
overdue invoices. provided by Oncology Supply, its employees or other
representatives will create any such warranty.
3. Prices may be subject to change by Oncology Supply.
11. Buyer shall not disclose any confidential information of
4. Sales reflected on the invoice may include price discounts Oncology Supply, including pricing, to any third party, except
or be subject to subsequent reductions or adjustments in as noted in Paragraph 4 above, without the express written
price, which may be reflected on other documentation. consent of Oncology Supply.
Buyer will comply with all applicable federal and state laws
requiring it to report or reflect such discounts, reductions, or 12. Buyer shall indemnify Oncology Supply and its affiliates
adjustments on cost reports or claims submitted to federal and their employees and representatives, from any and all
or state healthcare programs or other third party payers, claims arising out of or resulting from any act or omission of
retain the invoice and related pricing documentation, and Buyer or its agents.
make the invoice and such documentation available on
request to federal or state healthcare program or other 13. This agreement shall be governed by the laws of the
third party payer representatives. State of Alabama without regard to conflict of laws
provisions.
5. Acceptance of the listed goods will be deemed to be
acceptance of such Terms and Conditions. To find out more, please call 800.633.7555 or visit
www.oncologysupply.com.
6. Unless otherwise specified, all deliveries made by
common carrier are FOB Destination, Freight Prepaid and
Allowed. Oncology Supply will pay freight charges and
retain title of the goods until they reach their
destination.