General Information Product Ordering and Management FMCNA 102710-01 Rev D
General Information Product Ordering and Management FMCNA 102710-01 Rev D
General Information Product Ordering and Management FMCNA 102710-01 Rev D
MEDICAL CARE
Directory of Services
General Information
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on Product Ordering and Management
Table of Contents
This catalog was authored in the United States for a North
American audience. Not all products in this catalog are
licensed for sale in Canada.
General lnformation..................................................................... 1
Warranties................................................................................... 1
Billing Information........................................................................ 7
Directory of Services
General Information
PRODUCT(S) shall mean EQUIPMENT and DISPOSABLES. THE IN WARRANTY IN THIS SECTION SHALL BE IN LIEU OF
ANY OTHER WARRANTY EXPRESSED, IMPLIED, OR
DISPOSABLES shall mean any hemodialysis or peritoneal dialysis STATUTORY, RESPECTING PRODUCTS, AND FRESENIUS
(PD) product other than EQUIPMENT. RENAL THERAPIES MAKES NO IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
EQUIPMENT shall mean hemodialysis machines, peritoneal PURPOSE. THE PURCHASER'S SOLE AND EXCLUSIVE
dialysis cyclers, and other related equipment. REMEDY IN CONTRACT, TORT, OR UNDER ANY OTHER
THEORY AGAINST FRESENIUS RENAL THERAPIES WITH
PURCHASER shall mean a person or entity who is legally RESPECT TO FRESENIUS RENAL THERAPIES PRODUCTS
authorized to purchase Products from Fresenius Renal Therapies, AND THEIR USE, SHALL BE THE REPLACEMENT OR REPAIR
and either purchases Products directly from Fresenius Renal OF THE PRODUCTS AND NO OTHER REMEDY (INCLUDING,
Therapies, or from a Fresenius Renal Therapies authorized WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES) SHALL
distributor. BE AVAILABLE TO PURCHASER. FRESENIUS RENAL
THERAPIES SHALL HAVE NO FURTHER OBLIGATION OR
Drug and Service State Licensing Requirements: PURCHASER LIABILITY WITH RESPECT TO THE PRODUCTS AND PARTS,
agrees to obtain and maintain all state-mandated licenses OR THEIR SALE, OPERATION AND USE, AND FRESENIUS
and/or permits required for the purpose of purchase, use, and RENAL THERAPIES NEITHER ASSUMES, NOR AUTHORIZES
distribution of Fresenius Medical Care Renal Therapies Group, LLC THE ASSUMPTION OF ANY OBLIGATION OR LIABILITY IN
(Fresenius Renal Therapies), a division of Fresenius Medical Care CONNECTION WITH SUCH PRODUCTS AND PARTS.
PRODUCT(S). PURCHASER shall provide all applicable license
and permit information to Fresenius Renal Therapies upon request. Equipment
Fresenius Renal Therapies warrants to PURCHASER that
Before shipping to home patients, a prescription for a period not to
EQUIPMENT delivered is free from defects in material or
exceed one (1) year must be obtained.
workmanship for the periods specified in the appropriate
Tax Exempt Status: A PURCHASER that is exempt from taxation is Operator's Manual (which outlines the complete warranty),
required to provide appropriate certification to Fresenius Renal provided the EQUIPMENT is used and maintained in accordance
Therapies' Finance Department. with the manufacturer's operating instructions. Parts installed,
which have been purchased from vendors other than Fresenius
PRODUCTS sold are not for resale. Renal Therapies, shall void all applicable warranties.
The Warranty does not apply to any equipment that is misused,
Warranties abused, neglected, tampered with, damaged by accident, flood,
water, fire or other hazard, subjected to abnormal or unusual
Fresenius Renal Therapies warrants that the PRODUCT(S) electrical or fluid stress, improperly installed or operated, or not
manufactured by Fresenius Renal Therapies, when used in maintained in accordance with the routine maintenance schedule
accordance with the directions on the labeling, is fit for the set forth in the Operator's and Technician's manual for the
purposes and indications described on the labeling. The applicable equipment. Periodic preventative maintenance required to
manufacturer under the manufacturer's warranty will cover maintain proper machine operation is not covered under the
PRODUCTS not manufactured by Fresenius Renal Therapies, and
Warranty. Warranty does not provide replacement dialyzers or any
Fresenius Renal Therapies provides no warranty for PRODUCTS
not manufactured by Fresenius Renal Therapies. other compensation during the period that PURCHASER'S
equipment is inoperative.
The Warranty does not apply to any PRODUCT that is misused,
abused, neglected, tampered with, or damaged by accident, flood, Fresenius Renal Therapies shall repair or replace, at its option,
fire, or other hazard. If the PRODUCT(S) is not used in accordance using new or reconditioned parts and/or subassemblies, any parts
with manufacturer's instructions, the product warranties are void subject to this warranty that are proven defective in materials or
and of no effect. There are no other express or implied warranties,
workmanship. Such repair or replacement shall be made without
including any warranty of merchantability or fitness for a particular
purpose. Fresenius Renal Therapies shall not be liable for cost to PURCHASER and Fresenius Renal Therapies reserves the
proximate, incidental, or special damages. right to determine the location at which the repair or replacement
will be accomplished.
All warranties in this Policy shall be construed to comply with the
Warranty Safe Harbor found at 42 C.F.R. 10O1.952(g).
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Order/Delivery Policy Damaged or Lost Gateway Device
Gateway Devices not returned to FRESENIUS RENAL THERAPIES
within ninety (90) days of patient’s home order termination or
All orders shall be subject to the terms and conditions of this policy
discontinuation by PURCHASER will be invoiced a Lost Gateway
and shall not be subject to the terms, conditions, or provisions of
Device Fee of Two Hundred and Fifty Dollars ($250). PURCHASER’S
any instrument including purchase orders or order confirmation,
Subscription Term shall be terminated upon receipt of the Gateway
except for the quantities specified in such instrument.
Device. PURCHASER shall also pay a Lost Gateway Device Fee for
any Gateway Device returned to FRESENIUS RENAL THERAPIES in
Fresenius Renal Therapies shall use commercially reasonable
a condition beyond repair (“Damaged Gateway Device”). Alternatively,
efforts to fill orders, but Fresenius Renal Therapies shall not be
PURCHASER may report a Lost Gateway Device or Damaged
liable for non-performance or delays caused by a supply
Gateway Device to FRESENIUS RENAL THERAPIES at any time,
shortage of raw materials, manufacturing problems, delivery, or
and FRESENIUS RENAL THERAPIES will immediately end the
labor problems, acts of regulatory agencies, discontinuation of a
Gateway Subscription Term for that Gateway and invoice
product line, acts of God, or causes beyond its control.
PURCHASER for the lost Gateway Device fee accordingly.
PURCHASER agrees that in such events, Fresenius Renal
Therapies may allocate PRODUCTS among all PURCHASERS
without liability. Replacement PD Cycler
In the event Technical Support determines a patient’s cycler must be
Freight and Distribution replaced, the following applies:
Published prices for DISPOSABLES include freight and
distribution charges as long as the order is placed five (5) A replacement cycler will arrive within 1-2 working days. The patient
business days prior to the scheduled delivery date. All home will be advised at the time of replacement when the cycler will arrive
hemodialysis patient orders that are less than three hundred and will be directed to call their nurse to discuss usage of alternative
dollars ($300) may be subject to a delivery charge of one therapy (manual exchanges) until the replacement cycler arrives.
hundred seventy-five dollars ($175). Published prices for
EQUIPMENT do not include freight and distribution charges. Training and Education PD Cyclers
These charges shall be arranged and billed separately. Eligibility for a no charge clinic Training and Education (T&E) cycler
is as follows:
PURCHASER is responsible for all freight and distribution • Cycler patient census <10: Review contract to identify
charges for all PRODUCTS when expedited order processing and monthly rental fee
delivery is required, unless specifically provided in this policy. • Cycler census 10-25 patients: 1 no charge T&E cycler
• Cycler census 26-50 patients: 2 no charge T&E cyclers
All shipments are considered "contiguous USA only" unless • Cycler census 51-75 patients: 3 no charge T&E cyclers
otherwise mutually agreed to in writing by PURCHASER • Cycler census >75: review with PD Product Management
and Fresenius Renal Therapies.
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International Travel Deliveries for PD Remote Location Shipping for PD Products
US territories are considered as international for shipping All products shipped to destinations in HI, ID, AK, NE, UT, WY
purposes. Puerto Rico requires a minimum of 4 weeks (20 states will be subject to a remote location fee of one hundred fifty
business days) lead time. For other international travel, dollars ($150) to cover shipping and handling charges.
please call RTG Customer Service to confirm destination
availability. International travel requires a minimum of 8
weeks (40 business days) lead time, which begins once all
required paperwork has been received by Customer Service
for processing. Short lead times for international travel
typically cannot be accommodated. Holidays and weekends
are not included in lead times. Requests to deliver
internationally are limited to only one (1) delivery location
per a 12-month rolling calendar. International cruise port
deliveries are not allowed. Requests to deliver
internationally are limited to only one (1) delivery location
per a 12-month rolling calendar. International cruise port
deliveries are not allowed.
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Equipment/Spare Parts
Purchased EQUIPMENT is not returnable unless SHIPPED IN Warranty Parts: Defective parts must be returned to Fresenius Renal
ERROR BY Fresenius Renal Therapies or ORDERED IN ERROR Therapies within thirty (30) days of PURCHASER'S receipt of
BY PURCHASER. Leased, rental, trade-in, and/or evaluation replacement part to receive proper credit. To place an order for a
equipment may be returned as governed by the terms of this replacement part under parts warranty, PURCHASER must supply
policy. the serial number of the machine, purchase order number, invoice
number, or order number under which the part was originally
All EQUIPMENT returns are at PURCHASER'S expense, and purchased at the time the order is placed. An RGA shall be issued at
EQUIPMENT must be in the same condition as when delivered the time the order is placed for the defective part.
to PURCHASER, normal wear and tear excepted. If the defective part is not returned within thirty (30) days from the
PURCHASER shall deliver the EQUIPMENT to such place or date of the RGA, PURCHASER agrees to pay for the replaced part
on board such carrier, packed for shipping, as Fresenius Renal at list price. Returned parts that are not actually under warranty,
Therapies may specify. PURCHASER is fully responsible for based on the manufacture date, shall also be invoiced at list price.
return of EQUIPMENT including all associated charges with the All warranties in this policy shall be construed
exception of return due to equipment shipped in error by to comply with the Warranty Safe Harbor found at 42 C.F.R.
Fresenius Renal Therapies. PURCHASER shall give Fresenius 1001.952(g).
Renal Therapies prior written notice that it is returning
EQUIPMENT. Any/all credits are subject to final credit Each part returned to Fresenius Renal Therapies must have a
approval. corresponding Material Travel Tag completed and attached
securely to the part. If either the Material Travel Tag or the RGA
Due to the nature of Fresenius Renal Therapies' PRODUCTS, form is not enclosed with the replacement part(s), PURCHASER
the contents are subject to damage in transit to PURCHASER. must contact the Parts Customer Service Department to obtain the
All orders must be counted and inspected for damage prior to RGA number to be recorded on the Material Traveler Tag.
acceptance of delivery from the carrier. Any exception should
be noted on PURCHASER'S copy of the carrier's freight bill, Spare parts ordered by PURCHASER may be subject to a restocking fee of
and the driver must countersign the freight bill. Exceptions must twenty percent (20%). Return freight charges are the responsibility of
be reported within two (2) business days to the designated PURCHASER. PURCHASER must request an RGA from the Parts
Customer Service representative in order to receive all Customer Service Department to return items.
authorized credits.
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Billing Information
Terms of Sale Discount Disclosure Statement
All orders are subject to credit approval and acceptance by Prices invoiced for the goods purchased reflect any negotiated
Fresenius Renal Therapies. discounts, and rebates may apply to purchases. Any discounts,
rebates or deductions from Fresenius Renal Therapies' list price
Payment terms stated on the invoice are those in effect as of the or other concessions received by PURCHASER from Fresenius
date of the order. Subject to change, sales are made by Fresenius Renal Therapies are "Discounts or Other Reductions in Price"
Renal Therapies. Upon request, PURCHASER shall supply the under 42 U.S.C. § 1320a-7b(b)(3)(A). The parties shall comply
following financial information certified by an independent certified with all laws and regulations (including 42 C.F.R. 1001.952[h])
public accountant: Complete fiscal financial statements (within regarding reporting of any discount, rebate, or other concession in
ninety [90] days of the close of PURCHASER'S fiscal year) and the fiscal year of the PURCHASER in which it was earned or the
quarterly unaudited balance sheet and income statement (within year after, and report any discount, rebate, or other concession,
forty-five [45] days of PURCHASER'S quarterly close). consistent with applicable rules. Fresenius Renal Therapies shall
provide additional information requested by the applicable
Medicare or state healthcare program to assist PURCHASER in
Cash discounts, if applicable, will only be allowed on that portion
meeting its reporting requirement.
of each invoice paid within the discount period.
Invoices that are not paid according to the terms of the sale are
Invoices
subject to a late payment charge. Additionally, Fresenius Renal PRODUCT is billed after it is shipped. The invoice reflects the
Therapies reserves the right to require payment in advance of product code, description, price, and, if applicable, freight,
shipment if PURCHASER is delinquent in its payment for past handling, and tax. The invoice number, date, and remittance
purchases. address are located on the invoice.
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FMCNA.COM
Fresenius Renal Technologies, a division of Fresenius Medical Care North America
920 Winter Street. Waltham MA 02451
Customer Service: 800-662-1237 I Technical Support: 800-227-2572
© 2022 Fresenius Medical Care. All Rights Reserved. Fresenius Medical Care and the triangle Iogo are trademarks of Fresenius Medical Care +
Holdings, Inc. or its affiliated companies. All other trademarks are the property of their respective owners. P/N 102710-01 Rev E 09/2022
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