NuCare Pharmaceuticals

Hours | Mon-Fri 8am-5pm PST
Phone | 888-482-9545
Location | 622 W Katella Ave, Orange, CA 92867

Terms and Conditions

VENDOR GUARANTY AND WARRANTY

This between NuCare Pharmaceuticals, Inc. (“NuCare”) and (“Seller”) (Vendor Co. Name) ANY VENDOR THAT SHIPS GOODS TO NuCare. In consideration of NuCare’s approval of the Seller as a qualified vendor, NuCare and Seller agree to the following: Seller represents, warrants, and guarantees to NuCare that (I) the Seller is licensed under all applicable laws to engage in the shipment or other delivery to NuCare of prescription pharmaceuticals or Over the Counter products; (II) the articles of drug included in each shipment or other delivery hereafter made by the Seller to, or by the order of, NuCare are not adulterated or misbranded within the meaning of the federal Food, Drug, and Cosmetic Act or the regulations adopted pursuant thereto; and, (III) all sales of prescription drug products hereafter made by the Seller to, or by the order of, NuCare are made in compliance with the requirements under the federal Drug Supply Chain Security Act. However, one important caveat of the DSCSA is that it does not apply to OTC products. Seller shall indemnify, defend and hold harmless NuCare and its shareholders, directors, officers, employees, agents, successors, and assigns against all losses, damages, liabilities, and expenses, including reasonable attorney’s fees, which may be sustained by reason of NuCare’s purchase or acquisition or any article for the Seller. The Seller agrees to promptly refund NuCare the amount NuCare paid the Seller for any drug which is recalled, confiscated, seized, or detained. If NuCare is required to indemnify, or make a refund to, its own customer for such drug, regardless or whether or not NuCare is able to return the drug to the Seller. The provisions of this agreement shall apply to each and every transaction between the Seller and NuCare. This agreement is intended by the parties as a final expression of their agreement with respect to such terms as are included, and is intended to be a complete and exclusive statement of the terms of their agreement. No dealing between parties and usage of the trade will be relevant to determine the meaning of this agreement even though either party has knowledge of the nature of the performance and opportunity for objection. The terms of this agreement shall be interpreted according to the laws of the California, and will be binding to the benefit of both parties successors and assigns. In the event that any part of this agreement be declared or be determined by any court to be invalid or unenforceable, the validity of the remaining parts, terms, or provisions shall be deemed not to be a part of this agreement at the sole option of NuCare.