Terms and Conditions

Welcome to the American Pharmaceutical Ingredients’ (API) website. By purchasing the products and / or using the services on this website, you agree to the Terms and Conditions herein which govern the use of this website.

“American Pharmaceutical Ingredients” and “API” refer to American Pharmaceutical Ingredients, LLC.

“Customer” or “Customers” refers to authorized users of this website as determined by “American Pharmaceutical Ingredients”.

“Authorized User“ or “Authorized Users” of this website include retail pharmacists, recognized wholesalers and retailers of pharmaceutical goods and services.

“Products” include, but may not be limited to, chemicals in the form of active pharmaceutical ingredients, which includes narcotics and controlled substances, and excipients, reusable and disposable devices, and training programs.

“Services” include, but may not be limited to, technical support services in the form of on-line formulations, customized formulations and technical questions and answers.

Account Registration Requirements

Upon registering with American Pharmaceutical Ingredients, API will grant authorization to use this website and issue the Customer a username and password. Customers hereby agree to be responsible for maintaining confidential their username and password. Customers hereby agree to notify API in the event their username and password are stolen or misplaced or become aware of any unauthorized use or aware of any security breach, as it pertains to their username and password. API cannot be held responsible for any loss or damage arising from the failure to comply with this provision or for any unauthorized use of the Customer’s username and password or other Customer confidential information.

Licensed Health Professional

As an Authorized User of this username and password, whether individual or corporate, the Customer hereby declares that they are a duly-licensed healthcare professional with all rights and privileges pertaining to the products and services made available on this website. Customer will at all times act in accordance with the legal and professional standards applicable to any Products or Services obtained from American Pharmaceutical Ingredients.

Terms and Conditions of Acceptance

American Pharmaceutical Ingredients, reserves the right to change or amend these terms and conditions without notice, and will not be liable for any losses caused as a result of these changes. American Pharmaceutical Ingredients, reserves the right, at its sole discretion, to limit, suspend or terminate any transactions, pending or ordered, with any User or Customer.

Proprietary Rights of the Products and Services

American Pharmaceutical Ingredients has expended substantial resources to ensure the high quality of its chemical product line, which includes, but is not limited to, active pharmaceutical ingredients, which includes and controlled substances, and excipients. The Customer agrees that said Products will be used for lawful, duly regulated pharmacy compounding practices, and that any other use of said Products may result in the suspension or cessation of further sales at API’s sole discretion.

API has expended substantial time, effort and financial resources to prepare its Products and Services. The Customer agrees that API is the exclusive owner of its Products and Services some of which include, but are not limited to, information, data, databases, images, programs, courses, workbooks, manuals, documents, formulae and other content, and that any dissemination, publication, or copying of said Products and Services, without the express written consent of API, is strictly prohibited.

API has taken significant measures and invested significant resources to protect its property, under the law, by applying trademarks and copyright to its Products and Services, and by maintaining confidentiality and other notifications attached thereto. No trademarked or copyrighted material or any other proprietary content or intellectual property of API may be performed, distributed, downloaded, modified, reused, reproduced, reposted, retransmitted, disseminated, sold, published, broadcasted or circulated or otherwise used in any way whatsoever without the express written permission of API.

It is strictly forbidden to use the name American Pharmaceutical Ingredients, or its official logo, or any other specific API-identifiable material for the purposes of business development and marketing without the express written consent of API. API reserves the right to restrict any other unauthorized use of its name without express written consent.

With respect to the above mentioned Terms and Conditions related to the Proprietary Rights of the Products and Services of API, any violation of said Terms and Conditions is prosecutable under the law, in addition to being subject to civil compensatory and punitive damages.

Customer agrees that they will not disclose to any third party, nor use in any non-authorized manner, any documentation in connection with the performance of these terms and conditions. Equally, Customer shall inform its employees, agents, and representatives of these obligations and shall require said employees, agents, and representatives to ensure the same adherence to these obligations.

Dispute Resolution

The Customer agrees to resolve any dispute relating to the terms and conditions of sale of products and services by arbitration before an arbitrator of the American Arbitration Association in Florida. In the event of a dispute, the terms and conditions of sale of product and services shall be governed and determined by the laws of the State of Florida.

Privacy Policies

API agrees to not disclose any Customer proprietary information unless obligated to do so under the law. Customer acknowledges that API is obligated under the law to issue to regulatory authorities Customer information pertaining to purchase history and total dollar value purchased per year, as well as to respond to subpoenas and any other legal and valid requests for information from the Government.

Termination of Account

API reserves the right, at any time, at its sole discretion, to suspend or terminate this Website or any products or services provided therein. The Customer agrees that in the event of a suspension or termination of product and / or service, API shall not be held liable for any damages resulting from said suspension and / or termination.

Use and participation by Customers in this website is a privilege granted by API and subject to API’s sole discretion. API reserves the right at any time to suspend or terminate an Authorized User from using this Website for any reason, at its sole discretion. Notwithstanding the foregoing, API will terminate any Customer or User should it be determined said Authorized User is in violation of State or Federal law in the USA.

The Customer agrees that in the event of the termination of these terms and conditions by either party, the Customer shall be billed immediately for Products shipped prior to the effective date of termination of these terms and conditions, and that all Products purchased shall be payable immediately upon receipt of invoice.

Third Party Website Listing

From time to time this Website may list or host information, advertising or other matter provided by third parties. API takes no responsibility for the accuracy of any such information or for any business transactions which may be entered into with such third parties. Any representations, guarantees or warranties of such third parties are those of those parties alone, and not the responsibility of API.

Return Policy & Credit Policy

The following terms and conditions apply to all returns and credits.

No returns of active pharmaceutical ingredients.  Due to FDA regulations and other laws, American Pharmaceutical Ingredients’ (API) policy prohibits the return of active pharmaceutical ingredients which may include but is not limited to hazardous ingredients, refrigerated or ice-packed ingredients and controlled substances under any circumstance.  The only instances in which returns are allowed are listed below. The time limit for initiating a return is three (3) business days from receipt of the shipment.

Damaged Shipment. In the event of a damaged shipment, see Return Procedure below.

Incorrect Item Shipped. In the event an incorrect item was shipped, see Return Procedure below.

Overage. In the event the quantity of ingredient received exceeds the amount ordered, Customer may return the ingredient.  See Return Procedure below.

Non-Chemical Products. Non-chemical purchases may be returned within fifteen (15) days the original purchase date.  See Return Procedure below.

Return Procedure:

  1. Contact Customer Service at (888) 872-3243 and obtain a Return Authorization Form (RAF), a Return Authorization Code (RAC), and a Return Shipping Label.
  2. The Return Authorization Code must be used on the Return Authorization Form, Return Shipping Label and in any correspondence.
  3. The completed and executed Return Authorization Form must be enclosed with the returned shipment or the return may be refused.
  4. Packaging must be in original condition for all returns, including packing materials. Damaged shipments must be returned in the exact condition received, and all other returns must be in the original, unused and saleable condition, with the original packaging intact.
  5. Ship the return to:

American Pharmaceutical Ingredients
Attn: Returned Goods
RAC _____________
6650 Highland Road, Suite 302 Waterford, MI 48327

Refused Shipments

In the event a shipment is refused by the customer, the customer will be charged the invoice amount.

Credits

Credits are issued under the circumstances listed below.

  1. Shortage. In the event the quantity of ingredient received is less than the amount ordered (shortage), API will, at your option,
    1. Expedite shipment of the balance of the ingredient at no additional cost to you.
    2. Or issue a credit.
  2. Overcharges. In the event the price invoiced is greater than the price agreed to and is reported to API within three (3) business days of the invoice date, a credit will be issued for the overcharge.
  3. No refunds. API’s policy is to issue credits, not refunds.
  4. Credits. Credits are valid only for the original purchaser, are not transferable, have no cash or surrender value, and expire one (1) year after credit issuance.

Terms of Payment

Customer acknowledges that payment for Products and Services shall be due thirty (30) days from date of invoice, or as otherwise agreed upon or indicated in a separate agreement.

Pricing and Price Change

API reserves the right to make changes to the prices of its Products and Services without notice.

Shipping, Handling, Taxes and Other Charges

Customers shall pay when due all shipping, handling, taxes and government-related charges of any kind, including without limitation that which is imposed by any government or government agency on Products and Services sold.

  • Free UPS Ground Shipping on Orders of $250 or more. Three to five day delivery timeline.
  • $8.00 shipping fee for orders below $250.00.
  • $50.00 overnight delivery fee for next-day air shipments.
  • Cut off time for same-day shipping is 4:00PM Eastern.

Warranties and Limitation of Liability

The Customer represents and warrants to API that they are competent, qualified and are holding appropriate credentials, permits and licenses, as stated in this Terms and Conditions, to purchase the Products and Services of API. All such credentials, permits and licenses of the Customer will be made available to API upon request.

API cannot be held liable for Products which are abused, misused, or altered by the Customer which become defective or non-conforming through the actions or inaction of the Customer. A defective or non-conforming Product is defined only as a Product which is outside of the manufacturer’s defined Product specifications, and shall not include Products that fail to meet any fitness of use by Customer or any unique Customer operating conditions or applications. API SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE WHATSOEVER WITH RESPECT TO ANY PRODUCT OR SERVICE PROVIDED HEREUNDER.

IN NO EVENT SHALL API HAVE ANY OBLIGATION OR LIABILITY FOR ANY EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, USE OR GOODWILL), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE TOTAL LIABILITY OF API (INCLUDING ITS SUBCONTRACTORS AND AGENTS), IF ANY, FOR DAMAGES RELATING TO ANY PRODUCTS SOLD UNDER THESE TERMS AND CONDITIONS SHALL BE LIMITED TO THE PRICE PAID FOR SUCH PRODUCT(S). THE TOTAL LIABILITY OF API (INCLUDING ITS SUBCONTRACTORS AND AGENTS), IF ANY, FOR DAMAGES RELATING TO ANY SERVICES PROVIDED UNDER THESE TERMS AND CONDITIONS SHALL BE LIMITED TO THE FEES PAID FOR THE SERVICE GIVING RISE TO SUCH CLAIM.

Buyer’s Representations and Indemnity

In the event of any damage, loss or harm as a result of the Products or the use thereof, Authorized User and Customer hereby indemnifies API for and against any liability which may result there from, whether or not caused by the fault or negligence of API.