Return Goods Policy

This Return Goods Policy (“Return Policy”) for Tanabe Pharma America, Inc. (“TPA”) applies to any TPA product (“Product”) sold in the United States and its territories. It applies to Product that is purchased from TPA by a Distributor (“Distributor”) or by a Customer that is duly licensed to dispense or administer the Product (“Customer”). TPA reserves the sole right to determine whether items qualify under this policy for return or credit. TPA reserves the right to change this Return Goods Policy at any time.

  1. Definitions:
    1. “TPA” – Tanabe Pharma America, Inc., including its affiliates and vendors
    2. “Product” – TPA pharmaceutical product(s) in all formulations, strengths and package sizes
    3. “Distributor” – a distributor of TPA pharmaceutical product(s) contracted with TPA as an authorized distributor of record
    4. “Customer” – a person or entity that is duly licensed to dispense or administer Product (including Specialty Pharmacies) and purchases Product directly from TPA
  2. Items Returnable for Credit: 2. Product is eligible for credit from Customers where the Product satisfies the requirements in any of the sub-sections (A) through (D) below.
    1. Expired Product – Product that is returned no earlier than two (2) months prior to the expiration of the Product and no later than six (6) months after the expiration of the Product. Expiration is the last day of the month indicated on the packaging. Contact TPA’s Order/Returns Service at (844) 529-8990.
    2. Shipping Errors/Damaged Shipments – Product shipped from TPA to a Customer that was damaged in transit or shipped in error. Contact TPA’s Order/Returns Service at (844)529-8990 within five (5) business days of receipt of Product and ship the Product for return within thirty (30) calendar days of receipt of Product. Damaged Product must be returned to receive credit. Please have the transportation company note “damaged” on freight bill.
      1. For Product shipped from the Specialty Pharmacy to a patient that is damaged in transit, patient should contact the Specialty Pharmacy from which it was dispensed. (TPA will not issue a credit.)
      2. For product shipped from a Distributor to a Distributor’s customer that is damaged in transit, please contact the Distributor from which it was sold.  (TPA will not issue a credit.)
    3. Product Recall – Product that TP, in its sole discretion, has specified to be returned and authorized for credit. Return instructions will be provided with the Product Recall notice.
    4. Discontinued Product – Product discontinued by TPA provided that the Product is returned to TPA within six (6) months from the date of discontinuation. Return instructions will be provided with the Product Discontinuation notice.
  3. Items Not Returnable for Credit: Product is not eligible for credit from Customers where the Product aligns with the scenarios in any of the sub-sections (A) through (S) below.
    1. If already billed or submitted to insurance, or a co-pay or co-insurance payment was received.
    2. Shipping errors or Product damaged in transit from Distributor to another entity (e.g., end customer). Entity should contact their Distributor for reimbursement; TPA is not responsible.
    3. Product not purchased directly from TPA by the Customer returning Product.
    4. Product that was not sold in the United States or its territories.
    5. Product destroyed or damaged from insurable causes (e.g., fire or catastrophe).
    6. Product damaged due to improper storage or handling by the Customer.
    7. Product distributed at no charge.
    8. Product that has been sold expressly on a non-refundable or non-returnable basis.
    9. Product obtained illegally or via diverted means.
    10. Product purchased on behalf of other manufacturers, institutions, contract research organizations, or others for use in clinical trials or studies, Phase IV studies, or for charitable donations.
    11. Product not in original containers.
    12. Product with labels removed or illegible.
    13. Product involved in salvage, bankruptcy or insolvency proceedings.
    14. Private label or repackaged Products.
    15. Product for which proof of purchase cannot be verified.
    16. Product that is returned in a manner that does not comply with applicable law.
    17. Product more than six (6) months beyond its expiration date. Product may be returned for destruction, but no credit will be issued.
    18. No partial returns will be accepted for credit except for those from states that regulate partial returned goods.
    19. Product with illegible or missing lot number and/or expiration date, except pursuant to a drug recall.
  4. Authorization & Return Procedure:
    1. Contact the appropriate party as indicated in Section 2.
    2. The following information must be provided in order to receive a Return Authorization (RA) [non-exhaustive list]:
      1. Customer name, address, phone number
      2. Contact name, email, phone number
      3. Product NDC number, lot number, serial number, expiration date, quantity, price
      4. Invoice number, purchase date, proof of payment
      5. Reason for return
    3. While a RA may be issued, it is not a guarantee of reimbursement.
    4. The following items are required to be returned by the Customer whose name and address are listed on the RA for each individual product return:
      1. Original invoice
      2. RA
      3. The physical Product itself (if required per the RA)
    5. All returns must be accompanied by a RA.
    6. TPA will not be responsible for Product that is destroyed by any party other than TPA’s Order/Returns Service and proof of destruction will not be accepted in lieu of an actual return. All eligible Products shipped to TPA must be shipped in a safe, secure, and reliable manner and in compliance with all applicable law. TPA is not responsible for shipments lost and/or damaged in TPA recommends that all Customers insure return goods shipments.
    7. Customer must return Product within thirty (30) calendar days of receiving the RA.
    8. Customer will prepay all transportation and insurance charges. TPA is not obligated to pay for any charges incurred by the Customer in returning goods.
    9. TPA incurs the cost for processing and destruction of Products that are returned properly and in accordance with this Return Policy.
    10. TPA reserves the right to inspect all authorized returns and a credit memo will be issued only for Product returned in accordance with the terms of this Return Policy and applicable law.
    11. TPA will audit the quantities of return goods and final reimbursement will be based on TPA’s counts.
  5. Basis of Credit
    1. A credit memo will be issued at the wholesale acquisition cost (WAC) in effect at the time of purchase or contracted price paid, whichever is lower.
    2. Reimbursements to Customers for returned Product will be issued as a credit to the Customer.
    3. Reimbursement will be determined by TPA in its sole discretion.
  6. Important Information
     
    TPA will not assume responsibility for charges incurred by Customers using other means for processing returns and destruction.
     
    TPA reserves the right to audit the amounts reimbursed for return goods for a period of up to three (3) years from when the payment or credit was issued. If the audit determines that a Customer was paid/credited in excess of the amounts specified per this Return Policy then TPA will be allowed at its election to either: (i) withhold payments/credits for future return goods, or (ii) invoice the Customer for the amount of the return goods overpayment and the Customer must make payment within thirty (30) calendar days upon receipt of invoice.
     
    TPA reserves the right to modify or discontinue this Return Goods Policy at any time without notice.
     
    If you are a patient, please contact your pharmacy for assistance.
     
    To report adverse events (AEs) or product quality complaints (PQCs) related to Tanabe Pharma America, Inc. (TP) products, you can contact TPA or the FDA. Contact TPA Medical Information at (888)292-0058. Contact the FDA at 1-800-FDA-1088 or www.fda.gov/medwatch.

    CNP-TPA-US-0483 | 10/25