Terms & Conditions
1. Scope and Regulatory Authority
1.1. These Terms and Conditions govern the sale and wholesale distribution of medicinal products by Bakri Pharma Ltd (the "Seller") to authorized customers (the "Buyer").
1.2. The Seller operates under Wholesale Distribution Authorisation (Human) [60448] issued by the MHRA in accordance with the Human Medicines Regulations 2012.
1.3. Both parties warrant to conduct all activities in strict compliance with current Good Distribution Practice (GDP) (2013/C 343/01).
2. Customer Verification (Bona Fides)
2.1. In accordance with GDP Chapter 5.3, the Seller shall only supply medicinal products to entities authorized or entitled to receive them.
2.2. New Buyers must provide a valid copy of their WDA(H), GPhC Pharmacy Registration, GMC / relevant professional license or / and all related equivalent medicinal supply certifications before any account is activated or orders are accepted.
2.3. The Buyer is under a continuous obligation to notify the Seller immediately if their license is suspended, revoked, or expired.
3. Price and Payment
3.1. Pricing: All prices are quoted in GBP (£) and are exclusive of VAT, which will be charged at the prevailing rate where applicable. Prices are subject to change without notice due to market fluctuations or manufacturer / supplier price increases.
3.2. Payment Terms: Standard payment is due 30 days from the date of invoice, unless otherwise agreed in writing.
3.3. New Accounts: For the first 24 months or until a credit history is established, the Seller may require payment in full via Pro-Forma invoice before goods are dispatched.
3.4. Late Payment: The Seller reserves the right to charge interest on overdue accounts at a rate of 8% above the Bank of England base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
3.5. Suspension of Supply: We reserve the right to withhold further deliveries and suspend account access if any payment is overdue. Given the critical nature of medicinal supply, the Buyer acknowledges that non-payment may result in supply chain disruption for which the Seller bears no liability.
3.6. Retention of Title: Legal and beneficial ownership of the products shall remain with the Seller until full payment for all goods has been received. Until such time, the Buyer must store the goods separately and maintain them in a saleable, GDP-compliant condition.
4. Order Acceptance and Delivery
4.1. The Seller reserves the right to refuse or cancel any order if the Buyer’s authorization status cannot be verified.
4.2. Delivery shall only be made to the authorized address listed on the Buyer’s license.
4.3. Risk Transfer: Responsibility for product integrity passes to the Buyer upon physical receipt of the goods. The Buyer warrants they have the validated facilities to store goods immediately upon receipt in accordance with the manufacturer's labeled storage conditions.
5. Temperature Control and Storage
5.1. Ambient Products: Must be stored between 15°C and 25°C.
5.2. The Seller is not liable for product degradation caused by the Buyer’s failure to maintain these conditions once the goods have entered the Buyer’s premises.
GDP-Compliant Returns Policy
6. General Principles
6.1. No medicinal products are supplied on a "sale or return" basis.
6.2. Returns are only considered for picking errors, breakages in transit, or documented quality defects.
6.3. All return requests must be made in writing to the Responsible Person (RP) within 48 hours of receipt.
7. Conditions for Acceptance back to Saleable Stock
As per GDP Chapter 6.3, products will only be returned to saleable stock if:
- They are in their unopened, original secondary packaging and in good condition.
- There is documented evidence (temperature logs) that the products have been stored and handled correctly while in the Buyer’s possession.
- The batch number and expiry date match the original delivery note.
- The Responsible Person (RP) has examined the goods and formally approved their return to stock.
8. Restricted Returns Decommissioned Goods)
8.1. Falsified Medicines Directive (FMD): Any products already "decommissioned" in the FMD system cannot be returned after 48 hours as they cannot be recommissioned under MHRA guidelines.
9. Product Recalls
9.1. In the event of an MHRA-mandated or manufacturer-led recall, the Buyer must provide all necessary assistance to identify and return affected batches.
9.2. The Buyer must maintain accurate transaction records to ensure every unit is traceable to the end-user or next link in the supply chain.
10. Limitation of Liability and Force Majeure
10.1. The Seller shall not be liable for any failure to perform its obligations where such failure results from any cause beyond the Seller’s reasonable control, including but not limited to: acts of God, global medicinal shortages, manufacturer delays or transport strikes.
10.2. The Seller’s total liability for any claim shall not exceed the price of the goods that are the subject of the claim.
10.3. Nothing in these terms excludes liability for death or personal injury caused by the Seller’s negligence.
11. Governing Law
11.1. These terms are governed by the laws of England and Wales.
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