3.1 OWN USE: For customers other than AbbVie-approved
wholesalers/distributors as outlined above in Section 1, product may
be purchased solely for the use of a customer’s patients (“Own Use”),
which expressly excludes selling, transferring or otherwise
distributing product to any person or entity for resale purposes.
AbbVie in its sole discretion has the right to stop selling products
if AbbVie has reason to believe such customer has not complied with
these Own Use terms.
3.2 ORDERING GUIDELINES FOR RESEARCH USE: AbbVie products may
not be distributed or resold by any customer to any clinical research
organization or otherwise for investigative clinical research and
development use (any such entity, a “CRO”) without the express written
consent of AbbVie.
3.3 PRICES AND QUOTATIONS: All quotations and prices are
submitted without obligation and are subject to change without notice
by AbbVie. Orders received by AbbVie Customer Service and/or Sales
Representatives, whether based upon submitted quotations or not, are
subject to acceptance by an authorized representative of AbbVie,
including credit approval. Such acceptance shall be only by letter or performance.
3.4 CUSTOMER ORDER FORMS: None of the provisions of a customer
purchase order or any acknowledgement thereof, except those specifying
the quantity and the products ordered and billing instructions, shall
be considered applicable to the customer’s purchases. No modification
of these Standard Terms and Conditions, including any different or
additional terms contained in any purchase order, acknowledgement form
or other written document, will be binding on AbbVie unless
specifically accepted in writing and signed on behalf of AbbVie by an
authorized representative of AbbVie.
3.5 ORDERS AND EFFECTIVE PRICE: Orders must be received by
AbbVie Customer Service (1-888-704-8270) by 5:00 p.m. Eastern Time.
Orders received after 5:00 p.m. Eastern Time will be invoiced at
contract, catalog or deal prices in effect as of the next business
day. AbbVie reserves the right to limit purchase quantities or refuse
orders so as to ensure adequate supply and distribution to all
customers on a fair and equitable basis, or for any other reason.
Minimum order for Wholesale and Retail accounts is $5,000.00.
3.6 SHIPPING: AbbVie will select the mode of shipment and route
the goods according to its judgment. If a customer requests and AbbVie
agrees to a mode of shipment other than the least expensive
alternative, any additional expense will be added to the invoice.
Orders must be submitted individually for each ship-to location.
AbbVie does not allow drop shipments, other than pursuant to agreement
by and between AbbVie and authorized distributors. Pricing will be
applied on the basis of the individual order quantity per ship-to
location and cannot be revised once submitted. If a customer requests
split shipments, other than back orders, such shipments will be
treated as separate orders. If the customer requests that the carrier
sort and check in product, the customer is liable for associated
3.7 DELIVERY TERMS: AbbVie will pay for standard carriage to
the customer’s ship-to location. Title to the goods sold and risk of
loss passes to the customer upon delivery of the goods to a
transportation provider. AbbVie does not pay drayage at destination.
Deliveries shall be inspected by customer for irregularities before
transportation provider departs and noted on the freight bill. AbbVie
should be notified when appropriate.
3.8 NO EXPORT: Customer agrees and covenants that they shall
not, directly or indirectly, knowingly sell or otherwise make any
AbbVie products available to any person that customer has reason to
believe will directly or indirectly sell or otherwise make the AbbVie
products available anywhere outside of Canada, without AbbVie’s
written consent. If a customer learns that any AbbVie products
purchased by customer has been or will be sold or otherwise made
available outside of Canada, the customer shall promptly notify AbbVie
in writing and provide all information customer has available to
AbbVie, and the customer shall provide reasonable assistance and
cooperation, as reasonably requested by AbbVie, including taking
commercially reasonable corrective or remedial action as recommended
by AbbVie. Customer acknowledges and agrees that if it fails to
comply, or AbbVie has reasonable grounds for believing that Customer
has failed to comply, with such requirements, AbbVie may reject any
future order placed by the customer, and seek other legal remedies
against the customer.
3.9 FORCE MAJEURE: AbbVie will not be liable for failure to
perform any contract or supply any product due to strikes, fires,
explosion, flood, riot, lock out, injunction, interruption of
transportation, accidents, inability to obtain supplies at reasonable
prices, shortage of raw materials, discontinuance of a product line,
manufacturing problems, acts of governmental authority, terrorism,
war, acts of God, or other causes beyond its control. Customer agrees
that in such events, AbbVie may allocate available products among its
customers and AbbVie’s own requirements, without liability and at its
3.10 MATERIAL SAFETY DATA SHEETS AND PHARMACEUTICAL MEDICAL
INFORMATION: AbbVie will furnish material safety data sheets and
product monographs upon request.
Please contact us at:
Online product monographs can be accessed at www.abbvie.ca/en/our-science/products.html.
3.11 GUARANTEE: AbbVie makes the express warranties
contained in the AbbVie catalog and in the descriptions and directions
for use of the labeling for products offered for sale in the catalog.
All products are guaranteed to meet the requirements of all federal
laws and regulations. This guarantee relates to the identity and
purity of the ingredients and to the skill and care used in the
production of the articles sold. However, because AbbVie has no
control over the use or administration of these products, AbbVie
cannot give and hereby disclaims any guarantee concerning the effect
on the patient. It is the responsibility of those persons who are
informed in the medical sciences and are competent to judge from the
diagnosis, and in light of the circumstances of the case, whether any
of these products should be prescribed or administered, how and in
what dosage they should be given for the benefit of the patient. It is
AbbVie’s intention to give to its customers, whenever possible, all
needed or desired information concerning each product sold by AbbVie.
Inquiries or comments concerning formulas, dosages, and the like, will
receive our prompt consideration.
ABBVIE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE
PRODUCTS LISTED IN THE ABBVIE CATALOG, AND SPECIFICALLY DISCLAIMS THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
USE. ABBVIE SHALL NOT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, OR
SPECIAL DAMAGES OR LOST PROFITS.