Returns Requests or Questions: 833-242-7879 (833-CHARTRX) email@example.com The following terms and conditions are applicable to return of Products distributed under the Chartwell RX, LLC. label Labeler code 62135. (“Products”)
This policy is effective as of the date stated above and shall supersede any previous versions. Chartwell reserves the rights to amend this policy at its sole discretion and will notify of changes of this policy in writing.
To the extent that this policy conflicts with the requirements of any applicable state law, the policy will parallel the applicable state law. To the extent that 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 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, who reserves the right to dispose of the merchandise or declare no credit value. Product 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 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 product must be returned to Chartwell to receive credit.
Product destroyed by Purchasers or processors without Chartwell’s explicit consent will not receive credit. Email requests to Chartwell at firstname.lastname@example.org to obtain a Return Goods Authorization (RGA). Include the following information in an Excel Spreadsheet or similar format:
• Purchaser Requesting Return – A Purchaser must be identified in order to correctly value the return.
• Debit Memo (“DM”) Number
• Product Description
• NDC Number
• Lot Number
• Serial Number (when applicable)
• Expiration Date
Authorized returns should be shipped to:
Chartwell RX, LLC
77 Brenner Drive
Congers, NY 10920
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 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.
RGAs are valid for thirty (30) calendar days from the date issued. If Product is not received at Chartwell within 30 calendar days of Chartwell’s issuance of the RGA, the RGA will be considered closed and credit will be issued only for the quantity of Product received as of that date, if any. RGAs that are closed are ineligible to be revisited or reissued. Merchandise received against a RGA after the 30-day time frame will be destroyed and no credit will be issued. Credit will be considered only for NDCs and quantities authorized on the RGA. All Product must accompany the returns – no forms only returns.
3. Return Eligibility & Valuation of Returns
This policy is administered based on the Purchaser of the product, not the wholesaler to whom the credit may be requesting to be assigned. The Purchaser must be identified in order to correctly value the claim.
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, 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 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 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 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 return pricing and guidelines as outlined in this section.
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 Purchaser’s and are not eligible for a 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. Chartwell may apply a fifteen percent (15%) processing fee for any unsaleable Product return.
Non-Wholesalers: Credit will 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. Chartwell may apply a fifteen percent (15%) processing fee for any unsaleable Product return.
B. Purchasers With Executed Indirect Purchasing Contracts through Authorized Distributors Chartwell will accept unsalable returns for indirect purchases from Purchasers having an executed indirect-only purchasing contract with Chartwell, where contract invoice pricing is set by Chartwell, and ONLY for specific products on contract.
Purchasers with an executed direct purchase agreement AND executed indirect purchase back-up option will receive credit for all returns based on direct return pricing and guidelines as outlined in Section A, and 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 Purchaser’s and are not eligible for a cash reimbursement. Credit through the Purchaser’s Authorized Distributor will be calculated and issued based on the lowest of (a) current net contract price for the indirect Purchaser, (b) the lowest net contract price charged in the last twenty-four (24) month period to the indirect Purchaser or (c) a Chartwell calculated Return Price if (a) and (b) are unavailable or undetermined. Chartwell may apply a fifteen percent (15%) processing fee for any unsaleable Product return Batched returns through an Authorized Distributor will be valued at Chartwell’s Return Price.
C. Purchasers with No Executed Purchase Agreement or Indirect Contract Pricie Set By Chartwell Chartwell will not accept returns from Purchasers without executed purchase agreements where contract invoice pricing is set with Chartwell. This includes source program participants, as well as Purchasers with executed purchase contracts where the product being returned is not a contracted item. Chartwell has no way of verifying purchases or appropriately valuing claims for product not purchased directly from, or via an executed contract with invoice pricing set by Chartwell. Purchasers should return Product to the Authorized Distributor from which product was purchased to receive appropriate credit.
D. 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, shipping or destruction fees to the purchaser or Third-Party Returns Processor. Chartwell will not process returns using pricing from the Third-Party Returns Processor’s internally generated price list nor will the Purchaser deduct through an Authorized Distributor based on the 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. Any 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 returns will be offered.
Credit memos will be issued within 60-days of receipt of an approved return. Credit is only allowed 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 returns 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 the Product’s receipt. However, the Purchaser 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. For clarity, Purchasers will limit such returns to 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(s) have 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 directly from Chartwell
− Product purchased through an Authorized Distributor if such Authorized Distributor is listed on the Purchaser’s DM and Authorized Distributor’s purchase of product is verified by 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 trade package.
7. Product NOT Eligible for Return or Credit
All product 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 the above information.
For the safety of Chartwell staff, Chartwell will immediately reject, in its entirety, any carton that contains spilled product in the carton interior.
− Unauthorized returns (including excess quantities of approved items).
− Saleable, in-date merchandise where Purchaser’s intent is to reduce excess/surplus inventory.
− Product dating with greater than three (3) months remaining shelf life, including discontinued items.
− Product dating with more than 12 months beyond the expiration date.
− 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 where lot number, NDC, serial number or expiration date cannot be provided.
− Open/partial packages including inner package NDCs and Purchaser overfilled packages, unless required by state law which is currently limited to GA, MS and NC.
− Product not in original container, including repackaged Product or pharmacy vials, reconstituted product or partial units of product sold in packaging marked “not for individual sale.”
− 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. − Product damaged by improper handling, storage, or shipping by Purchaser or Processor.
− Product sold on a non-returnable basis including Product that is short-dated at the time of purchase, provided as professional samples, free goods or donations. − Product returned by other than the original purchaser or Product acquired in other than normal distribution channels, including Product from a distributor who is not a Chartwell Authorized Distributor. − Product that cannot be verified as purchased by the Purchaser
− Product destroyed by Purchaser without prior authorization from Chartwell.
− Product involved in sacrifice, salvage, fire or bankruptcy sales.
− Product sold, obtained or distributed in violation of local, state or federal law. − Product not returned within thirty (30) calendar days after the RGA was issued. − Product purchased for speculative purposes. − Product purchased outside of the United States. − 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, a recall initiated by Chartwell or a recall ordered by a government agency 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: March 1, 2021 : Section 2: No processor destruction of merchandise without Chartwell written consent; Section 2 and Section 3: clarification of Purchaser requesting return; Section 3: Adds admin fee for unauthorized deductions; Section 3A, 3B and 3C; clarification regarding Purchaser contract status and eligibility for returns; Section 3: Adds administrative fee for unauthorized deductions from Purchaser payments. Section 7; further defines product condition for receipt and processing at Chartwell.