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These Terms and Conditions govern fulfillment by The Procter & Gamble Company of all authorized distributors of P&G Oral Health Products to dental professionals.
All goods are sold FOB Procter & Gamble’s shipping point-freight prepaid to destination. Title and risk of loss pass to Purchaser upon Procter & Gamble’s delivery to a carrier at the shipping point.
Terms of sale to authorized dental health professionals are “Net 30”. Payment terms run from invoice date, which is normally delivery date. Accepted payment methods: Visa, MasterCard, American Express, and Discover or Invoiced for Direct shipment.
Procter & Gamble expressly rejects any term of Purchaser which purports to bind Procter & Gamble to the terms of any shipping instructions of Purchaser without Procter & Gamble's consent.
Procter & Gamble will invoice for all shipments at its established price. If full quantities or ordered goods are not available, Procter & Gamble will ship quantities allocated to Purchaser if an allocation program is in effect, or otherwise will ship all available quantities.
Damaged goods – If a shipment to an authorized POH distributor arrives damaged, customer should refuse shipment and carrier should return to P&G. If an authorized POH distributor receives a shipment with concealed damage, customer should contact P&G POH OSB Vendor to receive a Return Authorization (RA) number. Customer should arrange for return of damaged goods at P&G expense.
Procter & Gamble agrees that all goods sold hereunder will conform to the specifications of item, quantity, delivery point, and delivery date specified in Purchaser’s order. The extent of Procter & Gamble’s liability for any non-conforming delivery shall be to correct the non-conformity at Procter & Gamble’s expense. In no event will Procter & Gamble be liable for special, incidental, or consequential damages incident to nonconforming delivery other than as stated herein. Purchaser will hold any unordered goods safe from harm and will comply with Procter & Gamble’s reasonable instructions as to the disposition of these goods. Procter & Gamble will reimburse Purchaser for reasonable and necessary expenses incurred by Purchaser in fulfillment of this duty, but will pay no additional penalties.
Procter & Gamble warrants that all goods sold hereunder are fit for consumers use if provided to patients in their original, unopened, undamaged, and untampered-with packages. Procter & Gamble will indemnify and hold Purchaser harmless from and against any costs, expenses, or other liabilities, including attorneys’ fees, arising from suits or claims by consumers based on Purchaser’s distribution of these goods, provided that the goods were provided in their original, unopened, undamaged, and untampered-with packages. This warranty and indemnity is conditioned on the absence of negligence or unauthorized warranty by Purchaser or alteration of the product after leaving Procter & Gamble’s control. Purchaser will provide prompt notice of any claim and will cooperate fully with Procter & Gamble’s investigation and defense, as well as with any product recall which may become necessary.
Procter & Gamble warrants that all goods shipped to Purchaser hereunder shall be free from all liens and encumbrances and shall conform to any and all requirements, conditions, or provisions of applicable laws or regulations with respect to the manufacture, sale, and shipment of these goods. Procter & Gamble further warrants that all such goods sold hereunder are free of the rightful claim by any third party of infringement of any United States patent, trademark, or copyright.
Procter & Gamble is self-insured for all liabilities anticipated hereunder. The assurance and warranties herein are provided in lieu of insurance certificate endorsements.
Procter & Gamble's fulfillment of any order is expressly conditioned on Purchaser's assent to the terms herein and any additional or different terms Procter & Gamble may propose. Purchaser's acceptance of goods ordered hereunder signifies its assent. Procter & Gamble expressly rejects any term of Purchaser which purports to bind Procter & Gamble to Purchaser's terms without negotiation. If Purchaser regards any term herein as unsatisfactory, Purchaser should promptly notify Procter & Gamble so the parties can determine if a mutually satisfactory term can be agreed upon. If the parties do not expressly agree in writing to modifications, these terms will control.
This agreement shall be governed by the laws of the State of Ohio. Any term not covered herein shall be supplied by the Uniform Commercial Code as enacted in the State of Ohio, the provisions of which are hereby incorporated into this Agreement. Procter & Gamble rejects any term of Purchaser which purports to vest exclusive jurisdiction and/or venue in the courts of any locality.
P&G reserves the right to change product prices, terms and policies related to product sales at any time without notice.
P&G reserves the right to not accept an order placed in violation of P&G POH policies for ordering P&G POH products. These policies restrict distribution to qualified dental professionals.