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Associate member Pharmacist Registration

Welcome.  To Register we will need the following information:
Generated with MOOJ Proforms Version 1.3
* Required information.
Pharmacy License Number (form DEA 223)
Upload Copy of Pharmacy License
State License Number
Upload Copy of State License
If you cannot upload a copy of the above forms, then please Fax a copy to Registration, (408) 524-4466, or scan and email to registration@rexanto.com
 
Pharmacy Name
Pharmacists Name
Email Address *
Billing Address
Shipping Address
You must scroll through the contract below to accept it and display the send button for this form.
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Pharmacy Associate Member Agreement
NOTICE TO Pharmacy:

THIS IS A CONTRACT. BY SCROLLING THROUGH THIS DOCUMENT YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
PLEASE CONTACT REXANTO DIRECTLY IF YOU WOULD LIKE TO NEGOTIATE PARTICULAR TERMS.

Please read this Agreement carefully. If you wish to decline this agreement, you may do so, in which case you will not be able to use the services offered hereunder.  This “Agreement” is entered into on the date of of acceptance (“Effective Date”) by and between the party accepting (“Pharmacy”), and Conparo Co-op (”Conparo”), a California corporation, with its principal office at 120 Saratoga Avenue, Suite 100, Santa Clara CA 95051
Subject to the terms and conditions hereunder Pharmacy shall become an Associate Member of Comparo Co-Op, a shared-services cooperative, and agrees to accept monthly deliveries of the indicated products, packaged as specified, in the indicated volumes.

1.0 OBLIGATIONS

1.1 Conparo will ship the indicated products in the indicated volumes in the Pharmacy-selected packaging on a monthly basis, such list to be updated from time-to-time per section 2.1. 

1.2 Pharmacy shall deliver to Conparo current DEA and State licenses. 

1.3 Pharmacy understands this Agreement is subject to Pharmacy obtaining membership with such GPO as necessary to qualify for pricing procured by Conparo.

1.4 Pharmacy shall abide by guidelines for use of shared services packaging; including that for each product acquired by Pharmacy a valid approved package insert  shall be available on the Pharmacy’s premises, and that  shared services repackaging is employed by Pharmacy for the Pharmacy’s regular practice of pharmacy.

1.5 From time to time, pharmaceuticals delivered hereunder shall change. Pharmacy agrees to review additions to product list and is responsible for making any refusal to receive such additional product within 30 days of notice.

1.6 Returns of products will only be accepted for damage or dating issues or as a result of Conparo’s shipping error if reported within 10 days of receipt and received within 30 days of invoice date.

1.7 If damage is visible at the time of delivery, delivery may be refused. Notification of delivery problems must be made to Conparo within ten business days of receipt of damaged shipment to ensure processing of replacement order and to file a freight claim with the carrier. Notification of shipping errors, discrepancies and other claims against sales must be made within ten days of receipt of goods in order to receive credit. To avoid processing fees, return of product for damages and discrepancies must be received by Conparo’s 3PL partner within 30 days of the invoice date. Product received after 30 days may be subject to a processing fee of up to 20%.

2.0 PAYMENT AND INVOICING TERMS

2.1 Conparo will provide Pharmacy with a periodic quotation for pricing for pharmaceuticals and for packaging services. Conparo will add to the billed amount any applicable taxes as state or federal or local law demand. Standard shipment costs are included as part of the Transaction Fees above. Conparo reserves the right to adjust fees based on a Pharmacy’s location.

2.2 The Safe Harbor Provisions include measures where an administrative fee is allowable without violating Anti-Kickback Statutes.  Operating costs are currently included as part of fees charged hereunder.

2.3 Prompt payment. Pharmacy agrees to payment terms of net 15. Payments not received by the due date may be subject to a late payment fee of 1.5% per month.

3.0 REPRESENTATIONS AND WARRANTIES.

3.1 Conparo represents and warrants that the Services shall be performed to applicable industry standards in compliance with relevant federal, state and local laws, regulations and rules. No other representation, express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any related report, opinion, deliverable, work product, document or otherwise.  THIS SECTION SETS FORTH THE ONLY WARRANTIES PROVIDED BY CONPARO CONCERNING THE SERVICES AND RELATED WORK PRODUCT.  THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR OTHERWISE.

4.0 LIMITATION OF LIABILITY.

4.1 Limitation of Liability.  Conparo’s liability for any claim for losses, injuries, or damages to business or its properties or for work performed arising out of or in connection with this Agreement, shall be limited to the lesser of: (i) fifty thousand dollars ($50,000.00) or (ii) payment received by Conparo from Pharmacy for the particular service provided giving rise to the claim. NEITHER PARTY WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY PURELY ECONOMIC LOSSES OR FOR ANY SPECIAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER.

4.2 Remedy.  Pharmacy’s exclusive remedy for any claim arising out of or relating to this Agreement will be for Conparo, upon receipt of written notice, either (i) to use commercially reasonable efforts to cure, at its expense, the matter that gave rise to the claim for which Conparo is at fault, or (ii) return to Pharmacy the fees paid by Pharmacy to Conparo for the particular service provided that gives rise to the claim, subject to the limitation contained in Section 5.3.  Pharmacy agrees that it will not allege that this remedy fails its essential purpose.

5.0 MISCELLANEOUS.

5.1 Amendments; Waiver; Severability. This Agreement can only be modified or amended by a written instrument signed by the Parties. A waiver of any right by either Party will not constitute a waiver of such right on any subsequent occasion. Acceptance by Conparo of the amounts (or lesser amounts) payable under this Agreement is not to be deemed a waiver of any default. If any provision of this Agreement is determined to be invalid, such invalidity will not affect the validity of the remaining portions of this Agreement.

5.2 Survival. Sections 2, 4 and 5 shall survive the termination of this Agreement.

5.3 Independent Contractor.   It is expressly understood and agreed that Pharmacy and Conparo are independent contractors and that the relationship between them by virtue of this Agreement shall not constitute a partnership or agency of any kind.

5.4 Notices.  Each party hereto shall give the other written notice within sixty (60) days of obtaining knowledge of the occurrence of any claim or cause of action to the addresses on the front of this Agreement.  A Party may, by notice given in accordance with this Section to the other party, designate another address or person or entity for receipt of notices hereunder.

5.5 Assignment.  The Agreement is not assignable or transferable.         

5.6 Section Headings.  Title and headings of sections of this Agreement are for convenience of reference only and shall not affect the construction of any provision of this Agreement.

5.7 Representations; Counterparts.  Each signator represents and warrants their authority to execute this Agreement.  This Agreement may be executed (by original, click-through acceptance or telecopy signature) in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute but one and the same instrument.

5.8 Cooperation.  Pharmacy will cooperate with Conparo in taking actions and executing documents, as appropriate, to achieve the objectives of this Agreement.  Pharmacy agrees that Conparo’s performance is dependent on Pharmacy’s timely and effective cooperation with  Conparo.  Accordingly, Pharmacy acknowledges that any delay by Pharmacy may result in Conparo being released from an obligation or scheduled deadline or in Pharmacy having to pay extra fees for Conparo to meet a specific obligation or deadline despite the delay.

5.9 Governing Law and Con¬struction.  This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to the principles of conflicts of law. 

5.10 Entire Agreement.  This Agreement sets forth the full and complete understanding of the Parties with respect to the matters herein and supersedes any and all agreements and representations between the Parties made or dated prior to the Effective Date.


5.11 Force Majeure.  Conparo shall not be responsible for delays or failures if such delay arises out of causes beyond its control, including acts or omissions of subcontractors or third parties.

5.12 Use by Third Parties.   Services performed by Conparo and any resulting work generated by the Pharmacy pursuant to this Agreement are only for the purpose as intended and described by this Agreement and may be misleading if used in another context.  Conparo and Pharmacy agree not to use any documents produced or provided by the other party under this Agreement for anything other than their intended purpose without the other party’s written permission.  This Agreement shall, therefore, not create any rights or benefits to parties other than to Conparo and the Pharmacy. 

6.0 TERM AND TERMINATION 

6.1 This Agreement shall become effective as of Effective Date, and shall remain in effect for Two Years, unless terminated by either Party upon 60 (sixty) days notice.