Terms and Conditions for SALE
Validity
These General Terms and Conditions (“Terms and Conditions”) shall apply to the quotes, quotations, RFQs, Sale of products (“Products”) by Care Pharmacy unless Care Pharmacy has executed a separate written agreement with the buyer (“Buyer”) in respect of sale of any Products which categorically supersedes these Terms and Conditions.
Offer
On receipt of an enquiry from the Buyer, Care Pharmacy shall provide a tentative price Ex-Works (EXW) quote which shall be valid for a period of thirty (30) days. Within this thirty (30) day period, the Buyer is to provide to Care Pharmacy the exact quantity of the Products required along with delivery terms, based on which Care Pharmacy shall provide a revised quote (including freight and insurance, if applicable) and request the Buyer for a purchase order or a prescription, in case of individual Buyer.
Purchase Orders
- Each written signed and stamped purchase order or prescription (“Purchase Order”), is to be accepted by Care Pharmacy in writing by issuance of a Proforma Invoice. Upon issuance of the Proforma Invoice, the same shall constitute an agreement by the Buyer to purchase the Products subject to these Terms and Conditions.
- Any Purchase Order which does not have a valid purchase order number, bill to address and ship to address shall not be accepted by Care Pharmacy.
- Any different or additional terms and conditions referred to in the Buyer’s Purchase Order shall not form part of the agreement between the Parties in relation to the purchase of the Products. The Buyer expressly waives its terms and conditions which shall have no relevance and confirms that only these Terms and Conditions will govern the sale of Products between Care Pharmacy and the Buyer, unless the same
Delivery
- The orders shall be processed and Products shall be delivered by Care Pharmacy to the Buyer Ex-Works (EXW) or Cost on Freight (CNF) or Cost Insurance Freight (as may be agreed between the Parties), as per the Incoterms 2020 only after payment of the Price is received in full by Care Pharmacy unless the Buyer is entitled to credit, in which case the Products will be delivered only after Care Pharmacy receives the Proforma Invoice duly signed and stamped as “Accepted” by the Buyer.
- In the event the Buyer fails to take or accept delivery of any order of Products in case of delivery EXW or fails to notify Care Pharmacy to ship the Products in case of delivery of Products on CNF or CIF basis, within thirty (30) days of notification to the Buyer that the Products are ready for shipping, Care Pharmacy may store such products at the Buyer’s risk in a warehouse or upon Care Pharmacy’s premises. In such an event, the Buyer shall pay to Care Pharmacy USD 200 (or equivalent in the billing currency of the buyer) per week to cover all handling, transportation, storage and insurance costs after the above mentioned thirty (30) day period of free storage upon submission of invoices by Care Pharmacy. Alternatively, Care Pharmacy reserves the right to ship the orders to the Buyer via common carrier at the Buyer's expense, thirty (30) days after notification to the Buyer that said Products are ready for shipment.
- Care Pharmacy may make delivery in installments and each installment may be separately invoiced and paid for without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve the Buyer of his obligations to accept subsequent deliveries.
- All delivery dates are approximate dates only, estimated in good faith to the best of Care Pharmacy’s ability and time for delivery shall not be deemed to be of the essence. Care Pharmacy shall neither be liable for any delay in delivery of the Products howsoever caused nor shall the Buyer be entitled to refuse to accept the Products due to delay in delivery.