Wisconsin Pharmacal Company, LLC (d.b.a. Pharmacal) Contract Manufacturing Terms & Conditions
Quotations provided by Pharmacal are based on approval of all Customer supplied materials, art,& copy and the best information available. Pricing is subject to change with market fluctuations. Quotation is valid for 60 days from communication of quote. Purchasing of components provided by Pharmacal will be based on an agreed upon annual volume projection or a “Firm Blanket Order” quantity. Minimum order quantities may apply. Customer agrees to purchase all finished goods & component inventories purchased for this project but not consumed within 12 months from date of first Purchase Order or Blanket Order. Order Cancellation: In the event that the customer cancels all or any part of the yearly agreement the customer will be billed for all materials purchased and finished goods. Minimum re-order quantities apply. Customer shall supply Point of Sales (POS) data where applicable; in addition, quantities lower than the agreed quoted volumes will be subject to a price change. It is expressly understood that there is NO SLOTTING for placement, NO CO-OP, and NO RETURNS unless product is compromised.
The liability of Pharmacal for any loss shall be limited to replacement on non-conforming product and shall not in any event exceed the total amount paid to Pharmacal by the customer for goods purchased pursuant to this Sales Agreement for the services provided related to the product which is the subject of this Sales Agreement. In no event (other than as a result of gross negligence, willful misconduct or actual fraud of Pharmacal) shall Pharmacal be liable for any special, consequential, indirect, incidental or punitive damages, or loss of profits as a result of the acts or omissions of Pharmacal. In addition Pharmacal will not be liable for any damages attributable to the customer’s failure to perform its responsibilities for this agreement.