1. Business-only policy and controlling documents
This policy is designed for business-to-business transactions and is incorporated into the B2B Website, Account & Terms of Sale. An executed agreement, quality agreement, or accepted order may establish different product-specific claim windows or remedies and controls to the extent of an express conflict.
2. No return without written authorization
No product may be returned without a return merchandise authorization (“RMA”) issued in writing by Pharma Americas. An RMA is conditional, does not admit defect or liability, and may require photographs, shipping records, storage records, temperature data, chain-of-custody evidence, samples, supplier review, or other verification before disposition. Unauthorized returns may be refused, quarantined, destroyed, or returned at Client’s cost.
3. Final-sale and generally ineligible items
- Opened, punctured, sampled, used, altered, repackaged, relabeled, commingled, damaged after risk transfer, improperly stored, or inadequately documented goods.
- Temperature-sensitive, frozen, refrigerated, controlled-condition, short-dated, hazardous, sterile, biologic, or other integrity-sensitive goods, except for a timely verified nonconformity attributable before risk transfer.
- Custom, bespoke, private-label, specially packaged, specially tested, made-to-order, non-stock, imported for Client, allocated, or special-procurement goods.
- Research-use-only goods, except for a timely verified nonconformity under the accepted specification.
- Goods affected by Client forecast changes, excess inventory, market conditions, loss of customer, regulatory strategy, financing, delay not caused by Pharma Americas, or a changed business decision.
4. Inspection and notice windows
- Visible transit damage, seal condition, wrong item, shortage, or packing discrepancy: note the condition on the delivery record where practicable, photograph before unpacking further, and notify Pharma Americas within two business days after delivery.
- Temperature-monitoring, cold-chain, or handling concern: quarantine as appropriate, preserve all packaging and data, do not use or dispose, and notify Pharma Americas within twenty-four hours after delivery or discovery, whichever occurs first.
- Apparent specification or documentation nonconformity: notify within ten calendar days after delivery.
- A genuinely latent nonconformity not reasonably discoverable on timely inspection: notify within five business days after discovery and, absent a different accepted writing or non-waivable law, no later than thirty calendar days after delivery.
- Invoice or pricing dispute: notify within ten calendar days after invoice. Undisputed amounts remain payable when due.
5. Evidence preservation and control
Client must segregate and secure the affected goods; maintain required environmental conditions; preserve original packaging, labels, seals, shipping containers, monitors, photos, records, samples, and chain of custody; prevent use, resale, transfer, relabeling, testing, or destruction except as authorized; and provide reasonable access to information needed for review.
Client may not return or destroy goods based solely on a complaint submission. If safety or law requires immediate action, Client should take appropriate protective action, document it, and notify Pharma Americas as soon as practicable.
6. Review and disposition
Pharma Americas may review documents, request samples, coordinate with the supplier, laboratory, carrier, insurer, or other partner, or arrange inspection or testing. No response time or outcome is guaranteed unless stated in an accepted writing. Findings may be limited by the quality and continuity of available evidence.
If Pharma Americas verifies a covered nonconformity, the exclusive remedy is, at Pharma Americas’ option and subject to law, replacement of affected accepted units, re-performance of the affected service, credit, or refund of the amount actually paid to Pharma Americas for affected accepted units. Incidental, consequential, cover, recall, lost-profit, and downstream costs are excluded as stated in the Terms.
7. Convenience returns and restocking
Pharma Americas has no obligation to accept a convenience return. If it elects to do so, Client must satisfy the RMA conditions and is responsible for return freight, insurance, handling, inspection, repackaging, loss in transit, and a reasonable restocking or recovery charge stated in the authorization. Credit is issued only after receipt and acceptance and may be reduced by damage, missing material, diminished value, or third-party charges.
8. Cancellation and modification
An unaccepted request may be withdrawn before acceptance by written notice, but a request is not withdrawn until Pharma Americas acknowledges the withdrawal. An accepted order may not be canceled, reduced, rescheduled, or modified without Pharma Americas’ written consent.
Where Pharma Americas consents, Client must pay completed work, committed inventory, noncancelable supplier obligations, testing, design, packaging, freight, storage, demurrage, bank and professional costs, and other reasonable documented reliance and recovery costs. Deposits are nonrefundable to the extent applied or committed. These amounts are intended as cost recovery, not a penalty.
9. Recalls and legally required action
Recall, market-withdrawal, field-action, safety, or authority-directed obligations are handled under the controlling written agreement and applicable law. Client must maintain traceability, stop distribution when instructed or required, preserve records, and cooperate with lawful corrective action. Nothing in this policy limits a non-waivable recall, safety, or reporting duty.
Official federal references
These primary sources inform the published operating baseline. They are not endorsements, licenses, or legal determinations about Pharma Americas or any client, product, supplier, destination, or transaction.
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