TERMS OF SALE AND RETURNED GOODS POLICY
Last update: July 2021
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It is the policy of Pfizer Canada ULC. (“Pfizer Canada”) to sell its products only to Pfizer Canada authorized distributors (wholesalers and self-distributing chains), hospitals, clinics, and, government facilities. Pharmacies and wholesalers/self-distributing chains may sell, transfer or otherwise distribute products to Pfizer authorized distributors in Canada. Pfizer Canada will not accept orders from any person who does not comply with these terms of sale. Pfizer Canada ULC reserves the right to hold, modify, or cancel orders for reasons such as, but not limited to supply constraints, past due invoices, abnormal buying patterns, and / or changes in the macro environment.
PRICES
All prices in any price list are subject to change without notice. All orders will be subject to the prices in effect at the date of receipt of the order by Pfizer Canada. Pfizer reserves the right to consider any claim for rebate resulting from price variances. Prices quoted do not include any tax or other governmental charges upon sale and/or shipment of products, which shall be added to the invoice price and shall be paid by the purchaser.
DEDUCTIONS
No deduction may be applied without first obtaining prior authorization from Pfizer Canada. In order to obtain authorization, any deduction claimed by an authorized distributor must be submitted by way of an invoice directed to the Customer Service Centre stating the amount and type of the claimed deduction and identifying a contact person at Pfizer Canada who can verify the deduction. Any and all claims, must be communicated in writing to Pfizer Canada within three (3) months of the reason for the claim; any claim submitted after this timeframe will not be honored. Additionally, credit notes must be taken within three (3) months of billing document date.
TRANSPORTATION AND SHIPMENT
All products are shipped prepaid by Pfizer Canada’s choice of carrier. Title to products and risk of loss pass to the purchaser upon delivery to the carrier.
Pfizer Canada shall NOT BE RESPONSIBLE for products in the possession of a carrier, and shall NOT BE LIABLE for any failure to deliver by the carrier, or loss or damage in transit and shall be under no obligation to replace products so lost or damaged. All claims for failure to deliver, or for loss or damage in transit, must be made by the purchaser against the carrier. At Pfizer Canada’s sole discretion, we may assist the purchaser in resolving certain carrier claims.
Pfizer Canada shall not be liable for any failure to deliver from causes beyond Pfizer Canada’s control, including but not limited to strikes or contingencies of manufacturing.
Pfizer Canada shall not be liable to any purchaser for any failure to supply, or loss or damage due to fires, floods, power interruptions, scarcity of materials, strikes, and acts of terrorism, or for any other cause beyond its reasonable control.
If special delivery services are requested, the difference between ordinary ground transportation charges and the charges for special delivery services will be added to the invoice.
BACK ORDER POLICY
In the event a situation results in the partial or complete nonfulfillment of an order (“back-ordered product”), any remaining quantities on the order or non-fulfilled order will be retained in the system and placed on back order status. Once available, these products will be shipped to the purchaser unless Pfizer has been specifically instructed otherwise before such products have been shipped.
INCORRECT SHIPMENTS
Any incorrect shipments shall be reported by the purchaser within 5 working days of the date of delivery, to the Pfizer Canada Customer Service Centre at 1-800-387-4974. The purchaser must obtain a RETURNED GOODS AUTHORIZATION NUMBER issued by Pfizer Canada before any product shipments are returned. The purchaser is responsible for identifying the items, quantity and reason for returning the shipment(s) in question. Pfizer Canada reserves the right to refuse returns as a result of an ordering error.
The purchaser, and not Pfizer Canada, has the responsibility to ensure the returned products are shipped in compliance with applicable law. The purchaser retains title to the returned products until received at the Pfizer Canada Customer Service Centre. Shipments returned without an accompanying, clearly identifiable Authorization Number, or goods reported beyond the identified allowable period, will be ineligible for credit or replacement and will not be returned to the purchaser.
GUARANTEE
The therapeutic information and suggested dosage contained in the Compendium of Pharmaceuticals and Specialties are necessarily general, and are included for informational or reference purposes only. Any modifications in dosage, indications and contraindications are the responsibility of the physician after proper diagnosis, and are not the responsibility of Pfizer Canada.
Pfizer Canada’s guarantee of its products is strictly limited and is restricted to the identity of its products and their manufacture in conformance with good manufacturing practices and applicable laws. No other warranty or condition, statutory or otherwise, shall be implied, including, without limitation, a warranty or condition as to quality or fitness for a particular purpose.
PRESCRIPTION PRODUCTS
Canadian Food and Drug Regulations require that certain products be dispensed only on prescription except when sold to a medical practitioner, registered pharmacist, distributor with a valid Health Canada Establishment License, or hospital certified by the Health Protection Branch.
These products are identified by the symbols (Pr, N c) on our product labels.
RETURNED PRODUCTS POLICY
The following are the terms and conditions pursuant to which products may be returned to Pfizer Canada for credit:
GENERAL PRODUCT RETURNS CONDITIONS
Pfizer Canada product returns are to be shipped FREIGHT PREPAID to the Pfizer Canada authorized wholesaler from which the goods were purchased or to Inmar Healthcare Network at 50 Dynamic Drive, Unit #2, Toronto, ON M1V 2W2 (ph: 416-298-1234 or 1-888-784-2323).
The purchaser, and not Pfizer Canada, has responsibility to ensure that the returned goods are shipped in compliance with applicable law. The purchaser retains title to the goods until received by the Pfizer Canada authorized distributor or Inmar Healthcare Network. An Inmar Healthcare Network Return Form must be filled out completely and included with the return. Return forms are available from Inmar Healthcare Network on their web site at www.returns.org. In the event that goods are returned collect to Inmar Healthcare Network, this amount (plus applicable taxes) will be deducted from the associated credit transaction. Pfizer Canada will only credit purchasers for items which are eligible for return (as indicated below); any items ineligible for credit will not be returned to the purchaser. Pfizer Canada reserves the right to destroy any returned goods deemed ineligible for credit or unfit for sale.
All products purchased through CPDN must be returned to CPDN
Sales representatives are not permitted to pick up or transfer products for credit or exchange.
Credit will be issued only if the amount to be credited exceeds $50.00
ITEMS ELIGIBLE FOR RETURN
- Expired and short dated products in original packages provided they are within two (2) months of expiry and twelve (12) months after expiry.
- A product that is recalled.
- Products having a manufacturing defect.
- All discontinued Pfizer Canada products will be eligible for credit provided they are within two (2) months of expiry and twelve (12) months of expiry.
- VACCINES are eligible for return for WHOLESALERS and PHARMACIES provided they are within two (2) months prior to the expiry date and twelve (12) months after the expiry date. Product must be in original packaging and never dispensed. Eligible returns will be credited at list price and should be sent to Inmar Healthcare Network at 50 Dynamic Drive, unit #2, Toronto, ON M1V 2W2 (ph: 416-298-1234 or 1-888-784-2323).
- Biosimilar products – excluding Inflectra
Part bottles/packages must be at least 1/4 full:
0 to 24% part bottle . . . . . . . . No Credit
25 to 49% part bottle . . . . . . . 25% of eligible amount.
50 to 74% part bottle . . . . . . . 50% of eligible amount.
75 to 99% part bottle . . . . . . . 75% of eligible amount.
RETURN OF NARCOTIC, CONTROLLED AND TARGETED CONTROLLED PRODUCTS
Narcotic, Controlled and Targeted Controlled Substances; authorization requests must be submitted online through Inmar’s website - www.returns.org (registration is required). Narcotic, Controlled and Targeted Controlled Substances purchased through CPDN must be returned to CPDN.
CREDIT VALUE
Pfizer Canada Authorized Distributors and Direct Purchase Hospitals
Returns will be credited at 90% of the current purchase price plus applicable taxes.
Retail Pharmacy Puclass="termsofsale_title"rchases via Pfizer Canada Authorized Wholesalers
Returns will be credited at 90% of the current purchase price plus applicable taxes.
Tender Products
Credit for products purchased on tender will be based on current purchase price, plus applicable taxes.
Credits for products returned are subject to fees imposed by Wholesalers.
Returns through CPDN
Products purchased through CPDN must be returned to CPDN. Returns for products purchased through CPDN will be credited at 90% of the acquisition price.
ITEMS NOT ELIGIBLE FOR CREDIT OR RETURN
Products NOT expired (prior to two-month limit).
Emergency Hospital Syringes
Inflectra
Products not purchased from Pfizer Canada in accordance with its terms of sale, including but not limited to products imported from outside of Canada.
Returned goods not in original packaging or goods which have been repackaged, over-labelled, price-stickered or reconstituted.
Products which have been damaged due to improper handling or storage (while not in the possession of Pfizer Canada), including damage to packaging.
Products which have been tampered with in any way.
Products purchased on a non-returnable basis.
Products acquired as a result of a fire or bankruptcy sale.
Products ordered in error but not reported within 5 working days nor returned within 10 days of notification receipt by the Customer Service Centre. Sample or Clinical Evaluation Packages provided by Pfizer Canada.
Expired products if returned more than 12 months after expiration.
Products not eligible for credit can still be returned to our processing facility for proper destruction
PRODUCT COMPLAINTS
When goods are returned by a purchaser because of a manufacturing defect, the Pfizer Canada authorized distributor or pharmacist should immediately notify the Pfizer Canada Customer Service Centre at 1-800-387-4974 of the complaint.
REPORTING OF SALES DATA AND INFORMATION
Pfizer Canada authorized distributors of Pfizer Canada pharmaceutical products are required to report all sales of Pfizer Canada pharmaceutical products (including historical sales data) to Pfizer Canada and/or to any third party designated by Pfizer Canada from time to time, such as IQVIA. Authorized distributors are also required to report any requests received for the export of Pfizer Canada pharmaceutical products and any suspected exports of Pfizer Canada pharmaceutical products that come to the attention of authorized distributors. Reports are to be provided in a format, and at such intervals, as Pfizer Canada may instruct from time to time. The information received by Pfizer Canada will be held in confidence and used solely for the management of Pfizer Canada’s terms of sale and sales policies in compliance with applicable law (including legislation governing the privacy of personal information).
If a situation arises that Pfizer Canada faces or anticipates a product inventory constraint or a situation outside our control that affects one or more products, Pfizer reserves the right to obtain inventory and/or sales reports for said products. Should the wholesaler/distributor refuse to provide the aforementioned reports, Pfizer reserves the right to restrict their access to the affected products.
NO EXPORT OR TRANS-SHIPPING FOR EXPORT
Products purchased from Pfizer Canada may only be sold in Canada for consumption by residents of Canada and are NOT FOR EXPORT. No license, express or implied, is granted with respect to these products under intellectual property rights existing under the laws in Canada or any country outside Canada. Exporting, or permitting the export of, these products may violate laws and infringe intellectual property rights in Canada, the United States or other countries. Purchasers may not, at any time, either directly or indirectly, export out of Canada any Pfizer Canada products. This includes not selling, transferring, or distributing products to any person that a purchaser knows, or has reasonable grounds for believing, will or may export Pfizer Canada products out of Canada.
BREACH OF TERMS OF SALE – TERMINATION
Any breach of the terms of sale will result in Pfizer Canada refusing all further sales, or revoking its approval of sales by Pfizer Canada authorized distributors, of Pfizer Canada pharmaceutical products to that person. Should Pfizer Canada have reason to believe that a purchaser is in breach of these terms of sale, pending completion of any investigations it chooses to carry out, Pfizer Canada reserves the right, in its sole discretion, to suspend or refuse further sales to a purchaser, or if that purchaser is supplied by Pfizer Canada authorized distributors, to suspend or refuse its approval of sales by such Pfizer Canada authorized distributors.
CHANGES TO TERMS OF SALE
The terms of sale set out herein are subject to change, from time to time, upon notice to our purchasers. Notice of any changes may be given by fax, email or other electronic means, and Pfizer Canada may advise its purchasers to review updated terms of sale on Pfizer Canada’s website (without setting out the changes in such a notice). Any order for Pfizer Canada pharmaceutical products after receipt of such a notice is subject to Pfizer Canada’s terms of sale then in effect.
® PFIZER CANADA ULC. January 2021