Returned Goods Policy

Procedure for Returning Items

  1. Customers must obtain a Returned Goods Authorization (RGA) form for returns from Analog Pharma. Obtain RGA forms via phone at (855) 752-9196, via fax at (855) 754- 9418, or via e-mail at analogpharmareturns@icsconnect.com. Returns will not be processed without an RGA. Return Goods Authorizations expire sixty (60) days from date issued. Return to Analog Pharma (See address below)
  2. An itemized packing slip, with the information listed below and a RGA number must accompany any returned goods.

SHIPPING AND RETURNED GOODS ADDRESS:

Analog Pharma
Attn: Returned Goods Dept.
420 International Blvd.
Suite 500
Brooks, KY 40109

Include the following information:

  • Product Name
  • Quantity for Each Product
  • Lot Numbers
  • Billing Address
  • Shipping Address
  • Reason for return
  • Contact person, and contact phone number and/or email
  • Wholesale Account # (if applicable)
  • RGA Number

Returnable Items

Eligible Products for Return:

  1. Expired goods - if accompanied by an RGA approved by Analog Pharma. Expired product must (1) be received within twelve (12) months after expiration for credit to be issued, (ii) be in original and unopened packaging, (iii) include a legible lot number and expiration date thereon. Expired product approved by Analog Pharma for return must be shipped freight prepaid within sixty (60) days of authorization date in order to receive credit.
  2. Received by customer as damaged - Products received damaged may be returned for full credit when reported within four (4) days of receipt by the customer. If product is received damaged please have the transportation company note "damaged" or "broken" on the freight bill. Damaged product should remain in the original carton for inspection, and in any event products must be returned in accordance with RGA instructions.
  3. Received by customer in error - Product shipped in error by Analog Pharma may be returned, if applicable, for a full credit, when returned within thirty (30) days of invoice date. Products must be returned in accordance with RGA instructions.
  4. Ordered by customer in error - Products ordered in error may be returned for credit, when reported within four (4) days of receipt by the customer. Products must be returned in accordance with RGA instructions. Restocking fees will be assessed based upon volume of the order error.
  5. In addition, products that meet the following criteria, and have received prior approval from Analog Pharma, shall also be eligible for return by customer, regardless of the product's expiration date:
    • The product has been discontinued by the supplier and current inventory is not depleted within one hundred twenty (120) days after discontinuation
    • Analog Pharma Services Agreement (or equivalent) with Customer expires or terminates for any reason.

Non-Returnable Items

  1. Product that is not in the original packaging bearing the original manufacture label.
  2. Opened partial bottles containing (unless state mandated)
  3. Product that is twelve (12) months or more past the expiration date.
  4. Product returned without an RGA.
  5. Product obtained other than through normal channels of distribution or purchased from a source other than an authorized distributor of record of Analog Pharma.
  6. Product involved in a fire sale, sacrifice sale, bankruptcy, flood, or earthquake.
  7. Product deteriorated or damaged due to conditions beyond the control of the manufacturer, such as improper storage, heat, cold, water, smoke, fire, negligence, etc.
  8. Non-original or repackaged product. This includes prescription and/or other labels added to and/or removed from the product package.
  9. Product sold with specific understanding that it is non-returnable.
  10. Merchandise that is obtained in violation of state and federal regulations.
  11. Product that has been donated (at no charge to customer, Patient Assistance Program).

In addition, a Certificate of Destruction does not qualify as an acceptable format for product return.

Valuation of Product Returns

  1. For customers who purchase Products directly from Seller, a credit will be issued based upon the lower of the (i) purchase price at the time the returned merchandise is received by Analog Pharma OR (ii) invoice price at the point of original purchase. If Seller is unable to locate a price for the returned merchandise, Seller reserves the right to use the then current Seller's average price of the applicable merchandise.
  2. For customers who purchase Products indirectly from Seller (via an authorized distributor/wholesaler), a credit will be issued based upon the lower of the current indirect net contract price or the indirect net contract price at the time of Product purchase. If Seller is unable to locate a price for the returned merchandise, Seller may value the applicable merchandise at the then current Seller's average price. Credit value will be calculated pursuant to the selected methodology stated herein, less any applicable promotional rebates offered to customer by Seller. An indirect customer could receive reimbursement from Analog Pharma in the form of a check.
  3. For generic Product batch returns, a credit will be issued based upon the lower indirect net contract price at the time the returned merchandise is received or the indirect net contract price at the time of Product purchase OR the then current Seller's average price of the applicable merchandise.
  4. All indirect customer returns which are consolidated by 3rd party return providers must meet the following additional requirements in order to receive return credit from Seller:
    1. All Product returns which were initially awarded to a government contract must be returned on a separate debit memo, with a unique debit memo prefix identifying if such Product was initially sold to either a 340B entity or any other governmental entity.
    2. All Product returns which consist of numerous end customers must also contain additional end customer level detail on the debit memo at the time of return to Analog Pharma.

Other Terms of Return Policy

  1. Transportation charges, including insurance, are the responsibility of the customer.
  2. No credit will be issued for administration, shipping or handling, including third party processing fees, with the exception of product received by customer as damaged and product received by customer in error as referenced above under Returnable Items.
  3. Deductions from payables may not be taken until credit memo is issued. Unauthorized deductions for returns may result in held orders.
  4. Returns are subject to final count and acceptance by Analog Pharma. Analog Pharma reserves the right to accept or reject the product for credit.
  5. Analog Pharma reserves the right to destroy, without recourse, all returned packages.
  6. Unauthorized returns may be destroyed and not reimbursed.

Title and risk of loss

Title and risk of loss will pass to customer at the time products are delivered to Analog Pharma direct customer's dock. Delivery of all quantities of products shall be deemed to be made in full and in good condition unless Analog Pharma Customer Service is notified within four (4) days from the date of receipt from Analog Pharma.

Exceptions

Analog Pharma reserves the right to make exceptions to this policy due to business necessity and changes in applicable laws and regulations. In certain circumstances where Customer's return goods policy and the then-current Analog policy are in conflict, Analog shall, at Customer's request, promptly meet with relevant Customer to discuss in good faith resolution of the conflict.