Nutritional Supplement Manufacturers, Inc, (“PureNSM”) A legal entity incorporated and acting under the law of United States of America, having its registered office at 1065 Bay Blvd. Ste D Chula Vista, CA 91911, USA
Please note that our order is expressly subject to the terms and conditions set forth below, and this document constitutes the terms of agreement in their entirety between you / “Seller” / “vendor” and Nutritional Supplement Manufacturers, Inc. (“Buyer”) with respect to any order Buyer places with Seller (the “Contract”). Seller/”vendor” agrees to accept and be bound by the terms and conditions set forth herein. The confirmation of the order implies for the seller/vendor, acceptance of these Terms and Conditions of Sale and the recognition of complete comprehension
If you don’t agree to some of the points above then please discuss this with the purchaser. No change to the terms and conditions of this Vendor Agreement is allowed unless signed by both Oskar Thorvaldsson, owner of PureNSM (buyer) and seller.
Seller shall use commercially reasonable efforts (1) to provide to Buyer the goods and services ordered in accordance with the terms stipulated in the PO (2) to keep Buyer advised of the status of the PO; (3) to provide Buyer with such reports as are appropriate to the nature of the goods or services rendered.
Both the Vendor and the actual manufacturers of the raw materials have to follow Current Good Manufacturing Practices (cGMP). The manufacturer of the raw materials has to be certified by a 3rd party to manufacture according to cGMP and be registered with US-FDA.
Vendor must provide a separate invoice for each NSM Purchase Order shipped. Each invoice must include the following:
Vendor must keep full and detailed accounts for a period of not less than five (5) years or such longer periods as required by applicable laws and regulations. Vendor shall exercise such controls as may be necessary for proper financial management with respect to transactions with Buyer. Buyer reserves the right to audit up to five (5) years of Vendor’s books and records at any time with respect to Vendor’s past and present charges, policies, returns, shipping documents, tracking numbers, any communication, procedures and transactions with Buyer. Any resulting claims will be immediately deducted with or without prior Seller approval or notice. Buyer will not be responsible for any late charges, penalties or assessments in connection with the assertion of its rights to deduct, set-off or withhold such amounts. The right to audit applies to all purchases with Seller, including purchases prior to this agreement.
Unless otherwise specified by Buyer, payment terms will be net 45 days. Buyer may withhold payment of any amounts to be paid to Seller which are disputed in good faith by Buyer.
If shipping is not included then shipments are to be billed to Buyer’s account and shipped FedEx Ground, unless otherwise noted. Pure NSM will insure the goods for the invoice value.
Sellers that sell raw materials to Buyer are required to submit Certificate of Analysis (COA) indicating appropriate test methods and results for the lot number to be sold to Buyer. Should the goods not test according to vendor COA or test outside of Buyer requirements Buyer reserves the right to return the raw materials within 2 weeks (14 days of purchase). If either party is to take samples for analysis such samples have to be taken in according to cGMP regulations. Such sample taking requires Buyer to open the containers that the raw materials are in. This shall not prevent Buyer from having the right to return the raw materials should they not test according to vendor COA or test outside of Buyer requirements.
Should a recall be necessary the cost of the recall shall be negotiated by both parties in good faith in an attempt to resolve the issue.
Nutritional Supplement Manufacturers, Inc. (the “Company”), expects all of its employees, consultants, agents, vendors, distributors and other representatives to conduct themselves at all times with integrity and in full compliance with the laws and regulations that govern our global business activities. To that end, the Company has established a set of standards of business practices and regulatory compliance that are set out in our Ethical, Legal and Business Conduct Policies (the “Employee Code of Conduct”) which applies to all Company employees.
It is the Company’s policy to conduct business with vendors who share and embrace the letter and spirit of our commitment to integrity. By “vendor” we mean any firm or individual that provides a product or service, directly or indirectly, to the Company. We understand that vendors are independent entities, but the business practices and actions of a vendor may significantly impact and/or reflect upon the Company, our reputation, and our brand, which is one of our most important assets. Because of this, the Company expects all vendors and their employees, agents and subcontractors (their “Representatives”) to adhere to this Vendor Code of Conduct while they are conducting business with and/or on behalf of the Company. All vendors should educate their Representatives to ensure they understand and comply with this Vendor Code of Conduct. The Company may terminate or amend this Vendor Code of Conduct from time to time in its sole discretion.
All Company vendors and their Representatives shall conduct their business activities in full compliance with the applicable laws and regulations of their respective countries while conducting business with and/or on behalf of the Company. In addition to any specific obligations under the vendor’s agreement with the Company, all vendors shall, without limitation:
Should a recall be necessary the cost of the recall shall be negotiated by both parties in good faith in an attempt to resolve the issue:
Company vendors are expected to self-monitor their compliance with this Vendor Code of Conduct. The Company may request documentation and other supporting data and information from the vendor and its Representatives prior to paying invoiced fees and expenses, and reserves the right to perform audits to ensure compliance with anti-corruption laws.
This Vendor Code of Conduct does not confer, nor shall it be deemed to confer, any rights on the part of third-parties, including any third-party beneficiary rights. For example, no employees of any vendor shall have any rights against the Company by virtue of this Vendor Code of Conduct, nor shall such employees have any rights to cause the Company to enforce any provisions of this Vendor Code of Conduct, the decision with respect to any such actions being reserved by the Company in its sole discretion.