Terms and Conditions

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GENERAL

A purchaser of product from Fresenius Kabi Canada Ltd. shall not: sell product for export from Canada to any other jurisdiction; or sell product to any party who it knows, or reasonably should know will: i) Export said product from Canada to any other jurisdiction ii) Sell said product to any party who it knows, or reasonably suspects or reasonably should know will export said product from Canada to any other jurisdiction.

ORDER TERMS

Ordering Channels: Fresenius Kabi Canada currently accepts Purchase Orders through the following channels: 

  1. Global Health Exchange (GHX)
  2. Electronic Data Interchange (EDI)
  3. Email-Orders: Canada_customerservice@fresenius-kabi.com
  4. Fresenius Kabi direct orders Tel: 1-877-821-7724 (Toll Free)
  5. Fresenius Kabi direct orders Fax: 1-877-821-2108 (Toll Free)

McKesson Distribution Partners – Order Desk

  1. Ontario & Atlantic Canada Fax: 1-888-600-8104
  2. Ontario & Atlantic Canada Tel: 1-877-671-1376
  3. West of Ontario Fax: 1-800-830-6436 (Toll Free)
  4. West of Ontario Tel: 1-800-830-6465 (Toll Free)
  5. Quebec, please contact your wholesaler

All orders are subject to acceptance by Fresenius Kabi Canada at its head office

CONTROLLED DRUG ORDERING
Controlled drugs should be ordered through McKesson Distribution Partners or a participating wholesaler. When that is not possible, product can be ordered directly from Fresenius Kabi Canada using the following procedure:

Controlled drug orders must be initiated by a pharmacist or a practitioner registered with a licensing body of a province, or possesses a degree in an applicable science such as pharmacy, medicine, dentistry, veterinary medicine or pharmacology. Or in the case of a licensed dealer (e.g. wholesaler) a person who is authorized to place orders on behalf of the licensed dealer.

Controlled drugs must be ordered on a separate endorsed script or order form and sent by mail or courier to the following address:

Fresenius Kabi Canada Ltd.
c/o Accuristix
109 Summerlea Road
Brampton, Ontario L6T 4P6

PAYMENT
For Purchasers with pre-approved Fresenius Kabi Credit, terms of payment are Net 30 days. Fresenius Kabi reserves the right, without notice, to hold orders for Purchasers with past due balances.

Remittance Address for direct orders only:

Fresenius Kabi Canada Ltd.
P.O. Box 15677, Station A
Toronto, Ontario
M5W 1C1

For orders placed with McKesson Distribution Partners:

McKesson Distribution Partners
4705 Dobrin
St. Laurent, Quebec
H4R 2P7

PRICE
All Purchaser Orders will be filled and invoiced at the prices in effect at the time the order is processed. All prices are subject to change without notice. All prices are exclusive of G.S.T., P.S.T. and H.S.T.

MINIMUM ORDER:
All orders less than $500.00 placed directly with Fresenius Kabi Canada Ltd. are subject to a $75.00 handling charge. FOB customer. Special delivery instructions may incur additional freight charges. RUSH orders are subject to a $75.00 handling charge.

BACK ORDERS
All back orders will be cancelled 60 days from date of order if product remains unavailable for shipping at that time.

McKesson Distribution Partners:

Every effort will be made to ensure your order is filled at the time it is placed. If a product you have ordered is not available from the McKesson Distribution Partners depot where the order originated, head office Customer Service will notify you if the product is available for shipment from an alternate location.

INABILITY TO SUPPLY POLICY AND PROCEDURE
When a customer is unable to obtain a contracted pharmaceutical item from Fresenius Kabi Canada Ltd. and therefore must purchase from an alternate source at a higher price, Fresenius Kabi will honour price differentials provided the following conditions and procedures are met:

A. Conditions

  1. The customer is in compliance with the contract and regularly purchased the product in question.
  2. The contracted product was an exclusive award, i.e. the item was not dual awarded to Fresenius Kabi and another vendor.
  3. If Fresenius Kabi has communicated to a customer or Group Purchasing Organization (GPO) that a product will not be available for an extended period, the customer or GPO should secure an alternate vendor. Fresenius Kabi will honour price differentials up to eight (8) weeks after the notification of product unavailability, to commence on the date of the notification letter.
  4. Credit may be issued in the form of replacement product.
  5. It is the responsibility of the Group Purchasing Organization to communicate this policy to their membership.

B. Procedure

To submit an inability to supply price differential claim:
Send a copy of the invoice from the alternate vendor, your contract price and amount of price differential requested to the Customer Service department, Attention: Price Differentials. Claims submitted more than six (6) months from date of purchase from an alternate vendor will not be accepted.

RETURNS

CREDIT AND RETURNED GOODS POLICY

No credit exists until a credit note is issued by Fresenius Kabi Canada Ltd. and no deduction, offset, or adjustment to any invoice may be made by the customer except on the basis of a credit note. Before any product is returned to Fresenius Kabi Canada Ltd., a "returned goods authorization" number must be obtained from the Customer Service Department. Product must be returned in full, unopened, undamaged, original Fresenius Kabi packaging and customer must provide adequate documentation to ensure that the product was properly stored. The credit value will be assessed on a pro rata considering full cases, no credit will be issued for partial cases. Credit will be issued at the original purchase price with a minimum of credit of $100.00. Credit allowance for authorized returns submitted will be issued under the following circumstances:

ACCEPTABLE RETURNS
Product may be returned for credit under the following conditions:

  1. SHIPPING ERRORS
  2. VISIBLE DAMAGE
  3. CONCEALED DAMAGE
  4. EXPIRED GOODS 
  1. SHIPPING ERRORS: Immediately, but in no event later than three (3) working days after receipt, contact the Fresenius Kabi Customer Service Department and report any product shipping errors. A Representative will issue a Returned Goods Authorization number and provide the product conditions listed above “Credit and Returned Goods Policy”.
  2. VISIBLE DAMAGE: Any visible damage should be noted on the carrier's bill upon receipt of the order and should place a request for the carrier's inspector to view the goods in question at that point. DO NOT REFUSE THE SHIPMENT. Refusing the shipment will void Fresenius Kabi's right to claim reimbursement for damages. REFUSED SHIPMENTS DUE TO DAMAGE WILL NOT BE CREDITED. Immediately contact the Fresenius Kabi Customer Service Department and report the product damage. A representative will issue a credit note or a replacement order.
  3. CONCEALED DAMAGE: Upon discovery of any concealed damage after accepting delivery, immediately, but in no event seven (7) working days after discovery, contact the Fresenius Kabi Customer Service Department and report such damage. Upon verification of the damage, a representative will issue a credit note or a replacement order.
  4. EXPIRED GOODS: A credit or replacement will be issued for any product on hand at the time the product expires. You must apply for credit within 12 months from the date of product expiration. No credit will be issued for partial cases. Please forward your expired goods request list by fax (1-877–821-2108) directly to Fresenius Kabi to the attention of "Customer Service Department" or call (1-877-821-7724).

NON–ACCEPTABLE RETURNS

  1. Product with good dating
  2. Broken, marked or damaged due to negligence or improper storage
  3. Product involved in a fire or flood or other hazards
  4. Product which has been purchased from a bankruptcy sale or going out of business sale
  5. Unexpired product, which has been repackaged, over labeled or reconstituted
  6. Customer order errors
  7. Products shipped for clinical evaluations free of charge to customer
  8. Products purchased on a non-refundable basis
  9. Product shipped in error but not reported to Fresenius Kabi Canada within 3 working days.

RETURN AUTHORIZATION
An authorized return must be sent within 30 days from the receipt of an authorization number.

Fresenius Kabi Canada Ltd.
c/o Accuristix
109 Summerlea Road
Brampton, Ontario L6T 4P6

Fresenius Kabi sales representatives are not permitted to pick up product for return and we reserve the right to inspect all returns before issuing a credit. We have the right to destroy product which is returned outside the policy or which is considered unfit or unsafe for use.

Please note: Product cannot be accepted for return at our Head Office. Product ordered through McKesson Distribution Partners Calgary, AB and Port Coquitlam, BC that is authorized for credit can be returned to the following address:

McKesson Distribution Partners
4440-78 Ave S.E Calgary, Alberta T2C 2Z5
TEL: (800) 830-6465
FAX: (800) 830-6436

Product ordered through McKesson Distribution Partners Brampton that is authorized for credit can be returned to the following address:

McKesson Distribution Partners
8555 Torbram Rd Brampton, ON L6T 5R1
TEL: (877) 671-1376
FAX: (888) 600-8104

GOODS RETURNED UNAUTHORIZED WILL RECEIVE NO CREDIT

Please remit your expired goods list by telephone, fax or email to our Fresenius Kabi Customer Service Department.

Customer Service Tel: (877) 821-7724 Toll Free
Customer Service Fax:(877) 821-2108 Toll Free
Customer Service Email: Canada_customerservice@fresenius-kabi.com

FORCE MAJEURE
Fresenius Kabi Canada Ltd. shall not be held liable for any delay or failure in performance hereunder arising out of cause beyond its control or without its fault or negligence. Such causes may include, but are not limited to, fires, strikes, embargoes, shortages or unavailability of supplies, raw materials, components or products from customary sources at customary prices, acts of God, production or delivery problems, labour problems, acts of government, war, sabotage, acts of customer, inability to secure transportation, national disasters or discontinuance of a product line. Customer agrees that in such events, available products may be allocated by Fresenius Kabi in its sole discretion among its customers without liability.

PRODUCT RECALL AND PRODUCT COMPLAINTS
Should a product recall or withdrawal be necessary, Fresenius Kabi will compensate customers only for direct expenses in performing all recall services requested by Fresenius Kabi. For any product complaints, please contact: Canada_Product_Complaints@fresenius-kabi.com or toll free: 1-877-953-9002

WARRANTY
Fresenius Kabi Canada Ltd. guarantee of the Products is strictly limited and is restricted to the identity of the Products and their manufacture in conformance with good manufacturing practices and applicable laws upon delivery. More specific warranties including the length of the warranty period may accompany individual Products. Any product sold by Fresenius Kabi must be used as intended and approved, and in a manner consistent with the related product labeling and instructions for use (IFU).

Unless the Product(s) is (are) used in accordance with its (their) instructions, these warranties are void and of no effect. THERE ARE NO OTHER EXPRESSED OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FRESENIUS KABI’S SOLE OBLIGATION AND CUSTOMER'S EXCLUSIVE REMEDEY FOR BREACH OF ANY WARRANTLY SHALL BE, AT FRESENIUS KABI’S OPTION, TO REPAIR OR REPLACE THE PRODUCT.

LIMITATION OF LIABILITY
FRESENIUS KABI CANADA LTD. WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. FRESENIUS KABI CANADA LTD. SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR WARRANTIES, ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS, INCLUDING NEGLIGENCE AND STRICT LIABILITY, OR ARISING UNDER ANY OTHER THEORIES OF LAW, FRESENIUS KABI CANADA LTD. WILL NOT BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. BUYER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY FRESENIUS KABI CANADA LTD., FRESENIUS KABI CANADA LTD. WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGE IN EXCESS OF THE LESSER OF : (i) THE DOLLAR AMOUNT PAID BY BUYER FOR THE PRODUCTS GIVING RISE TO THE CLAIM; OR (ii) $50,000.00.

COMPLIANCE WITH LAWS
Purchaser and Fresenius Kabi Canada Ltd. shall each comply with all federal, provincial and local laws, rules and regulations applicable to its operations and/or its obligations with respect to the purchase and sale of products hereunder.

GOVERNING LAW
The relationship between Purchaser and Fresenius Kabi Canada Ltd. Hereunder shall be governed by and construed in accordance with the laws of the Province of Ontario without regard to its conflicts of laws principles.