Customer agrees to abide by (i) standard terms of sale provided or made available by Global Pharm Distribution LLC and/or shown on Global Pharm Distribtuion LLC’s invoices or statements and (ii) any written agreement or terms of sale with Global Pharm Distribution LLC governing Customer’s account. Customer agrees to pay for all purchases, fees and other charges incurred by Customer or an authorized user on any account of Customer, including service charges on past due amounts at the highest rate permitted by law (including purchases shipped and/or billed to a third-party agent on behalf of Customer). Any payment made after the net due date shall result in the loss of any prompt cash payment discount specified on the related invoice or statement and Customer shall pay the gross amount plus any applicable service charges. Global Pharm Distribution LLC reserves the right, in its sole discretion, to change a payment term (including imposing cash payment upon delivery), to limit total credit and/or to suspend or discontinue the shipment of any orders to Customer if Global Pharm Distribution LLC concludes that (i) there has been a material adverse change in the Customer’s financial condition or payment performance or (ii) Customer has ceased or is likely to cease to meet Global PharmDistribution LLC’s credit requirements.
Customer represents that it is entitled to discounted prices from manufacturers as it has notified Global Pharm Distribution LLC (“Contract Prices”). In consideration of Global Pharm Distribution LLC allowing Customer to purchase products at Contract Prices, Customer represents that Global Pharm Distribution LLC will be paid by the appropriate manufacturer the difference between Global Pharm Distribution LLC’s acquisition price and the Contract Price (“Chargeback”) and Customer will be liable to Global Pharm Distirbution LLC for any unpaid Chargeback if any manufacturer (i) denies a Chargeback for any reason, (ii) makes an assignment for the benefit of creditors, files a petition in bankruptcy, is adjudicated insolvent or bankrupt, or if a receiver or trustee is appointed with respect to a substantial part of its property or a proceeding is begun which will substantially impair its ability to pay Chargebacks or (iii) fails to pay Global Pharm Distribution LLC Chargebacks for any reason other than Global Pharm Distribution LLC’s gross negligence.
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating due to race, color, religion, national origin, sex, marital status, age; or because all or part of the Customer’s income is from any public assistance program; or the Customer, in good faith, exercises any right under the Consumer Credit Protection Act. The Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580 administers compliance with this law. Customer represents and warrants that Customer has read and understands this form and has reviewed the information provided in its entirety, including responses completed for Customer by a Global Pharm Distribution LLC representative, and that all information is complete and correct. Customer agrees that McKesson will be relying on such information and will notify Global Pharm Distribution LLC of any material changes to such information.
Customer agrees to provide Global Pharm Distribution LLC with financial statements upon request. Customer authorizes Global Pharm Distribution LLC, its employees, representatives, and agents to (i) investigate information provided and Customer’s credit, financial and banking records, (ii) obtain Customer’s credit bureau report and (iii) share with its affiliates experiential and transactional information regarding Customer and Customer’s account. McKesson is authorized to retain information obtained as part of the application process whether or not the requested account and/or credit is granted. Customer agrees to pay all reasonable attorney fees and expenses or cost incurred by Global Pharm Distribution LLC in enforcing its rights to collect amounts due from Customer. This form and any account.