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 carrier charges.
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 sole discretion.
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.