Nestlé Healthcare Nutrition, Inc.
Return of Goods Policy

Last Updated: November 30, 2021

This Return of Goods Policy (“Policy”) sets forth the sole and exclusive terms and conditions governing the return of Products to Nestlé Healthcare Nutrition, Inc. (“Nestlé”) and claims for credit. This Policy is effective November 30, 2021 and supersedes all previous return of goods policies or versions thereof.

Nestlé may amend this Policy at any time by posting them on a Nestlé-designated website, currently located at www.nestlehealthscience.us, and all such amended terms and conditions shall be deemed effective and binding on Buyer as of the new effective date specified in the amended Policy.

  1. Condition of Returns/Claims – for Direct Purchases Only and Purchase through Nestlé approved re-distributors

    Buyer has the right to inspect all Products upon receipt and to reject for return or credit Products that are defective, damaged, short-shipped, or contaminated, subject always to Buyer’s compliance with the terms and conditions of this Policy.

  2. Products Not Eligible for Return or Credit

    The following Products are not eligible for return or credit:

    • (a) Sell-off Products or Products sold on a no-return basis;
    • (b) Promotional sales Products;
    • (c) Partial or open cases;
    • (d) Products that are damaged or in unsaleable condition through no fault of Nestlé;
    • (e) Products that have expired; AND/OR
    • (f) Products that were not purchased directly from Nestlé.
    • (i) Indirect accounts must work through the re-distributor from whom the Products were originally purchased.
  3. Products Eligible for 100% Credit

    Nestlé will provide 100% credit for all claims for shortage and/or damage or returns for any other reason; provided, however, the Products are not excluded in Paragraph 2 above, and provided that Buyer satisfies all of the following criteria:

    • (a) Buyer must sign the Proof of Delivery or Bill of Lading identifying the item(s) and quantity of shortage or damage, with carrier signature, at the time of delivery.
    • (b) If Buyer does not sign the Proof of Delivery or Bill of Lading described in 3(a) above, Buyer must notify Nestlé within three (3) business days of receipt of any damage or shortage in shipment by item and quantity.
    • (i) If notification is provided more than three (3) business days after Buyer’s receipt, the return will not qualify for 100% credit and may only be eligible for an 80% credit described in Section 4 below.
    • (c) In order to verify the Product was purchased directly from Nestlé, Buyer must provide reference to the original PO number, invoice number, or order number.
    • (d) Buyer must send the above documentation to the appropriate email box (see below):
      Shortages
  4. Damaged and/or Short-dated Products Eligible for 80% Credit

    Nestlé will provide 80% credit for all damaged and/or short-dated returns after three (3) business days; provided, however, the Products are not excluded in Section 2 above, and provided that Buyer satisfies all of the following criteria:

    • (a) Any purchases made through a re-distributor must be returned through the re-distributor.
    • (b) Buyer must complete a Certificate of Destruction form;
    • (c) Buyer must provide all of the following information:
      • (i) Quantity of Product by product code and lot/batch number;
      • (ii) Reason for the return request; AND
      • (iii) Include pictures of:
        • (1) Close up of the batch/lot # and expiration date, and
        • (2) Full quantity of Products from different angles to support verification of quantity listed in COD
      • (iv) Authorized signature of Buyer;
      • (v) Completed forms must be sent to the appropriate email box (see below):
        Damages & Short-Dated Product
    • (d) For all returns >$3,000, additional approval is needed and will require any of the following:
      • (i) Physical inspection;
      • (ii) “FaceTime” or live communication platform with Nestlé sales support team; OR
      • (iii) Additional photographs.
    • (e) Within thirty (30) days of receipt of the above required information, Nestlé Claims:
      • (i) Will validate the documentation and approve credits per policy; AND
      • (ii) Will request a credit to be issued and applied to Buyer’s account.
    • (f) Buyer must deduct from a future remittance;
    • (g) Credit will be issued off of the Buyer’s current acquisition cost; AND
    • (h) Under no circumstances may Buyer re-sell or donate any unsaleable Products and shall dispose of any unsaleable Products pursuant to the terms of this Policy.
  5. Destruction of Product by Nestlé

    • (a) Nestlé Destruction of Product. If Buyer requests Nestlé to manage the destruction or disposal of Products, Nestlé will do so at a rate of 75% credit. For applicable such returns of Products for disposal, Nestlé will pay for any shipping and other reasonable costs associated with the disposal of the Product.
    • (b) Buyer Destruction of Product. Buyer may elect to dispose of Products itself, but Buyer shall take the following precautions to ensure the Products are properly destroyed or disposed when the Product(s) is/are not fit for consumption:
      • (i) For Nestlé infant formula Products: Buyer must destroy or dispose of the Products in a safe and compliant fashion.
      • (ii) For any other Products: Buyer must destroy or dispose the Product to ensure the Product cannot be reused and must be blocked and monitored at all times.