Welcome to the True Marker Pharmaceuticals website. By accessing and using our website, you agree to comply with and be bound by the following terms and conditions of use. If you disagree with these terms, please refrain from using our website.
At True Marker Pharmaceuticals, we are committed to protecting your privacy. This Privacy Policy sets out how we collect, use, disclose, and protect any personal information you provide us through this website.
The Customer agrees to abide by the Standard Terms of Sales as shown on True Marker Pharmaceuticals, Inc. invoices or by an agreement with True Marker Pharmaceuticals governing the Customer's Account or any other terms of sales upon which True Marker Pharmaceuticals, Inc. and the Customer should agree in writing. The Customer agrees to pay for all purchases, fees, and other charges incurred by the Customer or an authorized user on any account of the Customer with True Marker Pharmaceuticals, Inc., including service charges on past due amounts at the highest rate permitted by law.
True Marker Pharmaceuticals, Inc., and Customer endeavored to structure any Discounts and Rebates set forth herein as a discount consistent with the Federal Anti-kickback statute, including the statutory discount exception (42 U.S.C. §1320a-7b(b)(3)(A)) and the regulatory discount safe harbor (42 C.F.R. §1001.952(h)), and Customer acknowledges that it must fully and accurately disclose and report in accordance with the statutory discount exception and regulatory discount safe harbor, as well as any other applicable state law or payer reimbursement requirements, any discounts or price reductions provided by True Marker Pharmaceuticals, Inc. to Customer. Moreover, the Customer must provide information on all discounts and price concessions upon request to Medicare, Medicaid, and other federal or state healthcare programs. Confidential treatment shall be requested for any disclosures made to C.M.S. or Medicare Part D Plans to the extent permitted by law. The Customer shall retain invoices and other documentation of discounts received from True Marker Pharmaceuticals, Inc., and shall ensure documentation is available to state and federal authorities upon request.
True Marker Pharmaceuticals, Inc. reserves the right, in its sole discretion, to change a payment term (including requiring cash payment upon delivery) or limit total credit if (i) True Marker Pharmaceuticals, Inc. concludes there has been a material change in the Customer's financial condition or any unsatisfactory payment performance; or (ii) Customer ceases to meet True Marker Pharmaceuticals, Inc. credit requirements or True Marker Pharmaceuticals, Inc. determines that the Customer is likely to cease meeting such requirements. Upon the occurrence of any above-specified events, True Marker Pharmaceuticals, Inc. shall be entitled to suspend or discontinue the shipment of additional orders to Customer. The Customer agrees to pay all reasonable attorney fees and expenses or costs incurred by True Marker Pharmaceuticals, Inc. in enforcing its rights to collect any amounts due from the Customer.
The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants based on race, color, religion, national origin, sex, marital status, or age (provided that the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer.
Products may be exchanged or returned for a full refund within seven (7) days. Products returned between 8 and 30 days are subject to a 30% restocking fee. No returns are accepted after 30 days. TMP must authorize all returns before shipment. TMP will inspect all returned products, and any products that do not pass TMP's return validation process will not be eligible for a refund. Temperature-controlled products cannot be returned - all sales are final. Expired and short-dated products do not qualify for return credit. Refunds will be issued as credit only, which may be used to offset an outstanding balance or applied toward future purchases. Credits have no cash value and are not redeemable for cash or reimbursement by check. If credit is not used within twelve (12) months from the date of issuance, it will expire and no longer be redeemable. TMP reserves the right to modify or change the return policy from time to time without notice or customer conset; however, the return policy in effect at the time of purchase will govern should there be a conflict. In no event shall Wholesaler be liable for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with this Agreement, even if advised of the possibility of such damages.
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