Category C B B с с BOTHEPHORIN® EXPECTORANT with Codeine and Papaverine 78104 16-oz bottle X BTIGACOL® (nicotinyl alcohol tartrate plus trimethobenzamide hydrochloride) Capsules B TRIB® VAGINAL CREAM (triclobisonium chloride) 78641 3-oz tube with 18 disposable applicators ea. $2.26 B TRIB® VAGINAL SUPPOSITORIES (triclobisonium chloride) 78662 Box of 24 with reusable applicator ea. $3.00 C Suggested List Price ea. $ 1.50 ea. $16.00 B TRIBURON® HYDROCORTISONE CREAM 1% Cream, 0.1%, with Hydrocortisone, 1% ea. $ 2.40 2. Copies of wholesaler, retail and proprietary contracts. Our present contracts are attached. Upon completion of the printing, we will supply the Subcommittee with copies of our newly-revised contracts which incorporate our new "net pricing" policy discussed in our testimony and cer tain other changes. Agreement between Roche Laboratories, Division of Hoffmann-La Roche Inc. of Nutley, New Jersey, a corporation organized and existing under the laws of the State of New Jersey, hereinafter called Roche, and.. hereinafter referred to as Customer, entered into as of the date of acceptance by Roche as stated on Page 3. In consideration of the conditions hereinafter expressed, Roche and Customer hereby agree as follows: A. Roche agrees: (1) To sell its products to above-named Customer, as the same are listed in Roche's Pharmacists' Price List. It is understood that Roche shall have the right to add, delete, or modify any of its products and to change list prices. (2) To extend on orders having an aggregate value at list prices of $200 or more the following discounts from list prices: 12% on items designated "A"; 15% on items designated "B"; 20% on items designated "C"-as pub lished in the Pharmacists' Price List and amendments thereto. The minimum order provision shall not apply to orders for narcotics and specially des ignated emergency items. (3) To prepay transportation charges on orders for $200 list or more, for narcotic orders and for emergency items when routing is done by Roche. Should Customer request special routing which results in higher transpor tation costs, the difference in costs shall be assumed by Customer. (4) To accept for credit original unopened trade packages of Roche prod ucts under conditions indicated in the Return Goods Policy statement pub lished in the Pharmacists' Price List. (5) To extend terms of 2%, cash discount, 10th of the month following date of invoice or net amount at end of discount month. B. Customer agrees: (1) To comply with all federal, state and municipal laws relating to the sale and distribution of drug products. (2) To purchase Roche products only for customer's own account. (3) To submit all orders in writing to Roche when possible except for designated emergency items. (4) To purchase in each calendar year directly from Roche a total of not less than $2,000 of Roche products at net prices. (5) To pay invoices promptly. (6) To cooperate with Roche representatives in developing a satisfactory program to insure proper and effective use of Roche products. C. General provisions: (1) All orders shall be subject to acceptance and approval by Roche in Nutley, N.J., and are subject only to the express terms and conditions contained in this Agreement and on the Roche invoice covering the shipment. (2) Roche shall not be liable for any accepted orders subject to delays, failure to deliver or cancellation caused by strikes, insurrections, govern ment action, fires, damages to plants, warehouses or laboratories, wars, riots, embargoes or other causes beyond the control of Roche. (3) In the case of delivery of merchandise by common carrier, title of merchandise passes at time of delivery to common carrier. (4) This Agreement shall not be assigned or transferred without the written consent of Roche. Roche reserves the right to terminate this Agree ment immediately if a controlling interest in Customer is sold or otherwise transferred. Customer agrees to notify Roche immediately in the event a controlling interest in Customer is sold or otherwise transferred. (5) This Agreement shall take effect upon acceptance by Roche. It shall terminate automatically on the last business day of.. March, 1967.. It may be renewed for a successive one year period provided that Roche notifies Customer accordingly in writing prior to the expiration of this Contract. It may also be terminated at the election of either party upon notice at any time by registered mail. Orders received but not shipped prior to termination of the contract may, at the option of Roche, be executed on a c.o.d. basis. (6) This Agreement cancels and supersedes all prior agreements entered into between the parties. It contains the entire agreement between the parties, and there are no representations, understandings, or agreements, oral or otherwise, which are not expressly included herein. This Agreement can only be changed or modified by written instructions signed by duly authorized representatives of the parties hereto. (7) In accepting this Agreement, both parties indicate their familiarity with the provisions herein and agree to comply therewith. Failure to do so may result in termination of this Agreement. (8) This Agreement shall be governed by the laws of the State of New Jersey. DEAR MR. POTVIN: Hoffmann-La Roche Inc. has requested that I send to you copies of their new Wholesale, Retail, and Proprietary Agreements. As you will remember, on February 27, 1968, we submitted copies of the then current agreements, noting that they were being revised to incorporate the company's new "net pricing" policy, which was discussed in its testimony, and to include a few other revisions. The new agreements have finally been printed up, and the company accordingly is conveying them to complete our submission on this matter. Agreement between Roche Laboratories, Division of Hoffmann-La Roche Inc., of Nutley, New Jersey, a corporation organized and existing under the laws of the State of New Jersey, hereinafter called Roche, and. hereinafter referred to as Wholesale Distributor, entered into as of the date of acceptance by Roche as stated on Page 3 hereof. In entering into this Agreement, Wholesale Distributor warrants that it is in fact a Wholesale Distributor. In consideration of the conditions hereinafter expressed, Roche and Wholesale Distributor hereby agree as follows: A. Roche agrees: (1) To sell its products to Wholesale Distributor, as the same are listed in Roche's Wholesale Distributor's Price List. It is understood that Roche shall have the right to add, delete, or modify any of its products and to change prices. (2) To allow Wholesale Distributor, on introductory shipments of new products, a 90-day dating, plus the privilege of supplementing this shipment within 30 days with same dating privileges. |