Dechra Veterinary Products Limited (“Dechra”)
Pergocoat Advantage Scheme Terms and Conditions
These terms and conditions relate to the Pergocoat Advantage Scheme (the “Scheme”) and any Practice joining the Scheme is deemed to have accepted and be bound by them.
Definitions:
“Eligible Practice” means a Practice that has administered a dose of the Product to a New Patient during the Scheme Period.
“New Patient” a patient of the Practice that has not been administered with a dose of the Product in the twelve months prior to the start of the Scheme Period.
“Practice” means an independent veterinary practice in the United Kingdom that has registered for the Scheme.
“Product” means the film-coated tablets for the treatment of pituitary pars intermedia dysfunction (‘PPID’) in horses, marketed by Dechra in the UK under the brand name “Pergocoat”.
“Scheme Period” means the period starting 1st July 2024 and ending 30th June 2026.
Basis of the Scheme
The participation by a Practice in the Scheme must never lead to higher costs for pet owners, reduce the quality of services to pet owners, compromise veterinary care for animals, lead to an increase of the prescription and/or use of veterinary medical products by the Practice, and each individual veterinarian will ultimately make the final decision on which veterinary medicinal product to use or prescribe, with such choice being made on the basis of clinical need.
New Patients and free of charge product
For each New Patient administered with a dose of the Product by the Eligible Practice during the Scheme Period, the Eligible Practice will be entitled to two months’ worth of the Product to treat one New Patient (“FOC Product”) to be dispensed by the veterinary professional to the New Patient. Dechra shall ensure that the FOC Product is provided to the Eligible Practice free of charge by the relevant wholesaler, subject to any shipping and delivery charges the wholesaler may impose on the Practice and which the Practice shall be responsible to pay.
Collaboration Activities
The Practice agrees to work with Dechra sales, technical and marketing staff to:
understand and develop opportunities for participation in the Scheme;
develop clinical understanding of PPID within its Practice;
increase horse-owner awareness of PPID, its signs and symptoms;
support horse-owners through the diagnostic and treatment process.
When will the FOC Product be provided
The FOC Product will be provided by the relevant wholesaler at the instruction of Dechra on such dates and in such volume and dosages as agreed between the Eligible Practice and the relevant Dechra territory sales manager.
FOC Product is subject to availability
The provision of FOC Product shall be subject always to stock availability at the wholesaler and/or at Dechra. Dechra reserves the right to refuse supply of the FOC Product in circumstances where there are stock shortages in the marketplace. In the event the FOC Product is out of stock, and such out of stock situation persists beyond the end of the Scheme Period, the Scheme shall lapse and Dechra shall not be obliged to provide the FOC Product to the Eligible Practice.
Duration of the Scheme
The Scheme shall only be valid for New Patients administered with a dose of the Product during the Scheme Period and shall expire at the end of the Scheme Period. Any patient administered with a dose of the Product after the end of the Scheme Period shall not be considered a New Patient and no FOC Product shall be supplied in respect of that patient. Dechra reserves the right to withdraw, terminate or alter the terms of the Scheme at any time throughout the Scheme Period at its absolute discretion. The Practice acknowledges that the Scheme and FOC Product is subject to availability and may be subject to change at any time.
Eligibility criteria for receiving FOC Product
In order for the Eligible Practice to remain eligible for the Scheme, the Practice must retain its independent status (i.e. non corporate ownership) until after the FOC Product has been delivered to the Practice. Where a Practice is also a member of a buying group and, by virtue of that membership, is entitled to receive a rebate, discount or other promotional offer related to its purchases of the Product, it shall not be eligible to participate in the Scheme and shall not be entitled to any FOC Product.
New Patient Enrolment Records
An Eligible Practice must record the New Patient details on the Pergocoat Advantage New Patient Registration Form (provided by Dechra from time to time) as accurately as possible in order for the FOC Product to be provided. The Practice must not falsify any registrations in order to fraudulently claim FOC Product. Dechra reserves the right to challenge or query any registration forms completed and refuse to supply FOC Product in circumstances where it suspects the Practice has submitted any registrations fraudulently or erroneously. Dechra shall be entitled to request evidence of and the records relating to New Patient enrolments at any time
General
These Terms and Conditions relate purely to the Scheme and have no bearing on a Practice’s relationship with the relevant wholesalers. No Dechra products (including the Product) will be purchased by the Practice from Dechra under the Scheme and the Practice will continue to purchase products (including the Product) from wholesalers in accordance with the terms of the agreement(s) in place between the Practice and the wholesalers. No exclusive rights are granted by Dechra to the Practice pursuant to the Scheme and these Terms and Conditions.
The Practice and Dechra shall comply with all applicable laws (including all applicable anti-bribery and anti-corruption laws and all applicable data protection laws) and shall procure that their employees, officers and directors do not take any actions or make any omissions that would cause either party to be in violation of any applicable laws.
The Practice agrees that it will not do anything which would bring the name, trademarks, intellectual property or goodwill of Dechra into disrepute in any manner whatsoever.
The Practice may not assign or transfer its rights and/or obligations under the Scheme to any other party.
Neither Dechra nor the Practice intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
Nothing in these Terms and Conditions is intended to create a partnership, joint venture, joint undertaking or legal relationship of any kind that would impose liability upon one party for the act or omission of the other party, or to authorise either party to act as agent for the other.
Failure or delay by Dechra or the Practice in enforcing or partially enforcing any provision of these Terms and Conditions shall not be construed as a waiver of any of its rights thereunder.
No waiver by a party of any breach of these Terms and Conditions by the other party shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
These Terms and Conditions and any dispute or claim arising out of or in connection with it shall be governed by English Law and the parties hereby agree to submit to the exclusive jurisdiction of the courts of England and Wales.