Returns Requests or Questions:       833-242-7879 (833-CHARTRX)    returns@chartwellpharma.com        Effective Date: June 15, 2023

The following terms and conditions are applicable for return of both Controlled and Non-Controlled Products distributed under the Chartwell RX, LLC. label Labeler code 62135. (“Products”)  

This policy is effective as of the date above and supersedes any previous versions.  Chartwell reserves the right to amend this policy at its sole discretion and will notify of changes of this policy in writing as well as post on Chartwell’s website at https://chartwellpharma.com/returned-goods-policy/.

To the extent this policy conflicts with requirements of any applicable state law, the policy will parallel the applicable state law.  To the extent this policy conflicts with an executed contractual agreement, the contractual agreement will take precedence. 

1.Terms of Return Policy

Chartwell requires Purchasers make a good faith effort to maintain inventory on a first-expired, first-out basis (FEFO), to actively attempt to sell or effect intra-company transfers of all Product to minimize returns, or to contact Chartwell in a timely manner for assistance reducing significant quantities of merchandise that are, or will become, short-dated.  Failure to do so may result in Chartwell denying the return. 

Products returned are subject to final review and acceptance by Chartwell and will be processed in accordance with the return policy in effect when the return is requested.  Products received at Chartwell become the property of Chartwell, which reserves the right to dispose of the merchandise or declare no credit value.  Products received outside of policy guidelines will not be returned to Purchasers and no credit will be issued.

Chartwell reserves the right to request proof of purchase in the form of an invoice identifying the name of the Supplier, which is (or was at the time of purchase) a Chartwell Authorized Distributor of record (“Authorized Distributor”); the specific Purchaser for whom return credit is being requested; lot or serial number; quantity and date of purchase. 

2.Return Procedure

Prior Authorization is required to return Chartwell Product for credit.  All Products must be physically returned to Chartwell to receive credit.  

Product destroyed by Purchasers or Processors without Chartwell’s written authorization will not receive credit.

To obtain a Return Goods Authorization (RGA) for either Controlled or Non-Controlled Products, email requests to Chartwell at returns@chartwellpharma.com.  A separate RGA is required for Controlled and Non-Controlled Products.       

Include the following information in the RGA Request:

• Purchaser Requesting Return – A Purchaser must be identified to correctly value the return. This is the original Purchaser of the Product, not the Wholesaler where the RA may be requesting credit be issued.
• Debit Memo (“DM”) Number
• Product Description
• NDC Number
• Lot Number
• Serial Number (when applicable)
• Expiration Date
• Quantity 

Authorized returns of non-controlled Products only should be shipped to the below. No controlled Products are accepted at this location.

Chartwell RX, LLC

ATTN:  RETURNS

77 Brenner Drive

Congers, NY  10920

Authorized returns of controlled Products only should be shipped to the below. No non-controlled substances are accepted at this location.

Chartwell RX Carmel, LLC

ATTN: RETURNS 

1033 Stoneleigh Ave

Carmel, NY 10512

Each box should contain a copy of the RGA form and have the RGA number clearly marked on the shipper label or carton. Chartwell is not responsible for researching the source of any Product received without an RGA form or number.

Return merchandise must be shipped freight-prepaid by the Purchaser.   Transportation and insurance charges are the responsibility of the Purchaser, except when returning via Chartwell issued call-tag. Chartwell is not responsible for shipments lost in transit.  Proof-of-delivery is the responsibility of the Purchaser. 

Chartwell retains the right to destroy all returned merchandise.  Ineligible items cannot be returned and will be destroyed with no credit issued.

3.Return Eligibility & Valuation of Returns

This policy is administered based on Chartwell’s relationship with Purchaser/Returner of the Product, not the Wholesaler to whom the credit may be requesting to be assigned.  The Purchaser must be identified to correctly value the claim.

Chartwell maintains a Product lot number verification system.  If the requested returned lot was not purchased directly from Chartwell by the Purchaser, no credit will be authorized. 

Chartwell retains final decision concerning eligibility, determined value, physical count, and condition of returned Product.    

All quantities and valuations of Product must be reviewed and approved by Chartwell prior to Purchaser taking deductions or Third-Party Returns Processors transmitting Debit Invoices to Purchasers or Authorized Distributors.

Where partial returns acceptance is required by law, currently limited to GA, MS and NC, partials will be rounded to the nearest 1/4 bottle.

Chartwell will not pay or reimburse any service, storage, shipping or destruction fees to the Purchaser or Third-Party Returns Processor.

Chartwell may deduct the value of returns from sales subject to volume or similar rebates, dependent upon the reason for the return.

Purchaser agrees to a one percent (1%) current year return limitation for all Products based on the Purchaser’s prior calendar year’s purchase value of the Products.

Chartwell may apply a twenty-five percent (25%) handling and re-stocking fee on any salable merchandise, if approved for return on an exception basis.

Chartwell may apply a fifteen percent (15%) processing fee for any unsaleable Product return. 

Deductions from Customer or Wholesaler payments for returns should not be made without prior authorization by Chartwell, otherwise a $200 administrative fee may be assessed.

A.Direct Purchasers 

Chartwell will accept unsaleable returns only from Purchasers with executed direct purchase agreements and only for contracted Products purchased directly from Chartwell. 

Purchasers with an executed direct purchase agreement AND executed indirect purchase back-up option will receive credit for all returns based on direct pricing. 

All credit will be issued to the Purchaser’s direct-buying Chartwell account in the form of a credit memo which may be utilized for purchase of future Product.  Credit memos cannot be issued to Authorized Distributor accounts on behalf of direct Purchasers and are not eligible for cash reimbursement.

Return requests will be reconciled to prior purchases, including quantities, lot number and/or serial number.  Items not purchased directly from Chartwell by Purchaser will not be authorized for return or credit.  

Wholesalers or Distributors:   Credit will be issued at current net invoice price.  

Non-Wholesalers:  Credit will be based upon the lowest net invoice price over the last 24 months for the corresponding Product NDC.   Chartwell may deduct the value of buy-in credits and other promotional incentives, discounts, rebates and allowances.  

If no invoice price is in effect at time of return, Product value will be based on Chartwell’s calculated Return Price for the expired Product.  

B.Indirect Purchasers  

Chartwell does not accept direct returns from indirect Purchasers as Chartwell has no way of verifying purchase source, contract participation or appropriately valuing pricing for Product not purchased directly from Chartwell.

Purchasers should return Product to the Authorized Distributor from which Product was purchased to receive appropriate credit.  

C.Third-Party Returns Processors

Third-Party Return Processors must comply with all requirements of the Chartwell Return Goods Policy.  Chartwell accepts returns of Product by Third-Party Returns Processors only on behalf of direct contract Purchasers with executed direct purchase accounts and only on a pre-approved basis.

Chartwell will not pay or reimburse any service, storage, shipping or destruction fees to the Purchaser or Third-Party Returns Processor.

Chartwell will not process returns using pricing from Third-Party Returns Processors’ internally generated price list nor will the Purchaser deduct through an Authorized Distributor based on Third-Party Returns Processor’s internally generated price list.  

All quantities and valuations of Product must be reviewed and approved by Chartwell prior to Third-Party Returns Processors transmitting Debit Invoices to Purchasers or Authorized Distributors.

4.Issuance of Credit

Return, or request for return, of Product to Chartwell does not constitute acceptance for credit.

Chartwell restricts credit to return Product validated by Chartwell.  Discrepancies in returned Product quantity will defer to Chartwell’s validated quantities.

Chartwell reserves the right to offer direct account credit memos or replacement merchandise at their discretion.  No cash refunds will be offered.

Credit memos will be issued within 60-days of receipt of an approved return.  Credit is allowed only upon issuance of a credit memo from Chartwell.  Unauthorized deductions from invoices prior to issuance of credit memo are not permitted and may be subject to an administrative fee. 

Credit memos will not be issued for Products for which payment has not been received.  Chartwell reserves the right to suspend return privileges for accounts in arrears or placed in collections.

Credits provided pursuant to this policy are only valid if redeemed within one year of issuance.  Credits not redeemed within one year of issuance shall be null and void.

5.Shipping Errors and Damaged Merchandise

Shipping errors, shortages or damaged goods will be eligible for full credit or replacement at Chartwell’s discretion, provided claims are reported to Chartwell Customer Service within five (5) business days of Product receipt.  Purchasers will make best efforts to retain Product shipped in error and pay the agreed subsequent invoice for retained Product.  

Credit will include return shipping charges when authorized by Chartwell.   COD shipments will be refused.

Shortages:  All orders will be deemed counted and inspected upon Purchaser’s acceptance of delivery from the carrier. Any exception must be noted on Purchaser’s copy of the carrier’s packing list and freight bill or bill of lading and must be countersigned by the carrier.  

Damages: Claims for Product damaged in shipping must be accompanied by a signed bill of lading noting damage and photos if possible.  Purchasers will limit such returns to individual Product packages/cases that are actually damaged and unsaleable. 

Chartwell Shipping Error:    Salable Product received as a result of Chartwell’s shipping error must be returned within fourteen (14 days) of receipt of Product or call tag issued by Chartwell, in original condition and accompanied by a certificate verifying Product has been stored properly at a temperature indicated on the Product label.

Purchaser Ordering Errors:  Chartwell must be notified of any Purchaser ordering error within three (3) business days of shipment receipt.   Product ordered in error by Purchaser must be returned within fourteen (14) business days of shipment, in original condition and accompanied by a certificate verifying Product has  been stored properly at a temperature indicated on the Product label.  Purchaser is responsible for all return transit and freight charges, and a handling and restocking fee equal to ten percent (10%) of Invoice Price with a minimum of $250.00. 

6.Product Eligible for Return, in addition to the above 

• Product purchased direct from Chartwell
• In-date Product with less than three (3) months remaining shelf life.
• Expired Product no more than 12 months past expiration date.
• Product in original, unaltered, unopened container or Chartwell-labeled trade package.

7.Product NOT Eligible for Return or Credit

All Products received must have lot and expiration numbers clearly visible and bar codes in scannable condition.  Any Product not meeting these conditions will be rejected.  Chartwell is not obligated to remove pharmacy or Processor stickers to obtain this information.

For the safety of Chartwell staff, Chartwell will immediately reject, in its entirety, any carton containing spilled Product in the carton interior.  

• Product not accompanied by an RGA number.
• Product not returned within thirty (30) calendar days after the RGA was issued.
• Unauthorized returns (including excess quantities of approved items).

• Saleable, in-date merchandise where Purchaser’s intent is to reduce excess/surplus inventory.
• Product with greater than three (3) months remaining shelf life, including discontinued items.
• Product more than 12 months beyond the expiration date.
• Product where lot number, NDC, serial number or expiration date cannot be provided or read.
• Product bottles or labels that are damaged, defaced, concealed, have labels that have been removed or otherwise unreadable bar-codes, lot numbers or expiration dates.  This includes the application and removal of pharmacy or Processor stickers that leave residue on the label or bottle.  
• Open/partial packages unless required by state law, currently limited to GA, MS and NC.
• Product not in original container, including repackaged Product or pharmacy vials, unit dose, medication adherence packages, reconstituted Product or inner package NDCs/partial units of Product sold in packaging marked “not for individual sale.”
• Product damaged by improper handling, storage, or shipping by Purchaser or Processor.
• Product sold on a non-returnable basis including Product short-dated at the time of purchase, provided as professional or R&D samples, free goods or donations.
• Product returned by other than the original Purchaser or Product acquired in other than normal distribution channels, including Product a from distributor who is not a Chartwell Authorized Distributor. 
• Product that cannot be substantiated via lot verification as purchased direct from Chartwell.
• Product produced, packaged or labeled to special Purchaser specifications, including private-labeled Product or alternative size packages.
• Product sold to, or distributed by, any state or federal government stockpile program.
• Product involved in sacrifice, salvage, fire or bankruptcy sales.
• Product sold, obtained or distributed in violation of local, state or federal law.
• Product purchased for speculative purposes.
• Product purchased outside of the United States.
• Product rendered unsalable due to Force Majeure issues.
• Product destroyed by Purchaser without prior authorization from Chartwell.
• Return Claims for expired Product with a returnable value of $100 or less based on a Chartwell calculated credit per DM.

  8.Product Recall

In the event of a confirmed Product failure confirmed by Chartwell, recall initiated by Chartwell or  ordered by a government agency that was not attributable to Purchaser, Chartwell agrees to pay reasonable out-of-pocket costs pursuant to the then-current HDA guidelines for costs incurred by Purchaser in performing recall services requested by Chartwell.

Revision History:    Effective Date:  June 15, 2023

Page 1

• Adds Chartwell website address for returns policy  https://chartwellpharma.com/returned-goods-policy/.

Section 7:  

• Adds Product rendered unsalable due to Force Majeure issues.

• Adds definition of Product not in original container to include unit dose and medication adherence packages