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Terms & Conditions

Payment Terms
Payment terms are Net 30 Days from date of Invoice, unless otherwise allowed by CURA Pharmaceutical Company, Inc. Payment terms taken without authorization is not permissible. Late payments will be re-billed. A service charge of the greater of one and one half (1½%) percent per month or the highest amount allowed by law will be charged on all accounts past due.
Any contract made by and between the parties is expressly limited to and conditioned upon Customer’s assent to the terms and conditions set forth herein and CURA Pharmaceutical Company, Inc.’s review and approval of Customer’s credit. Conduct recognizing the existence of a contract shall be construed as assent to these terms and conditions.

Purchase Orders
The minimum purchase order amount is $500.00. Customer may issue purchase orders to CURA Pharmaceutical Company, Inc. from time to time. Each purchase order shall be deemed to include all the provisions of this agreement. In the event of any inconsistency between a purchase order and this agreement, the terms of this agreement shall apply.

Transportation and Handling
Orders for $500.00 or more will be shipped F.O.B. destination with freight and insurance prepaid. Orders will be shipped by carrier selected by CURA Pharmaceutical Company Inc. On orders of less than $500.00, either $20.00 shipping and handling charge or actual cost of shipping (whichever is greater) will be added to the invoice. If extra handing is requested, such as airfreight or drop shipments, the additional expense will be billed to the purchaser. In the event shipment appears to be unusually delayed in delivery, please notify our customer service department.

Service
Routine shipping from CURA Pharmaceutical Company Inc. distribution center normally occurs within 48 hours from receipt of orders. To contact your local CURA Pharmaceutical Company Inc. medical representative, telephone our Customer Service Department at 1-888-887-7171 or fax 1-732-982-8309 for prompt service.

Damaged Shipments/ Order and Shipping Errors Inspection
Immediately upon receipt of a shipment of CURA products, the Customer must inspect the products and notify CURA’s Customer Claims Department by phone or fax of any claims for shortages, defects or damage. If the Customer fails to notify CURA within ten (10) days after the date of invoice, the products will be deemed to have been received in good condition in the quantities stated in CURA’s invoice and to have been accepted by the Customer.
Details can be found in our Return Goods Policy, please follow these instructions for appropriate handling and validation.

Bids and Contracts
Contact CURA Pharmaceutical Company Inc. Bids and Contracts Department at 1-732-982-8300 for special bid or contract agreements.

Prices and Taxes
All prices are subject to change without notice. Customer shall be responsible for all taxes, excises or other charges levied by any government (federal, state, or local) upon the sale, consumption or use of the products listed herein.

Remittance
Remittance should be sent to CURA Pharmaceutical Company Inc., 542 Industrial Way West, Eatontown, N.J. 07724, and Attention Accounts Receivable

Product Recall
In the event of a confirmed failure, a recall initiated by CURA Pharmaceutical Company Inc. or a recall ordered by a government agency, CURA Pharmaceutical Company Inc. agrees to pay reasonable costs directly incurred by the account in performing recall services requested by CURA Pharmaceutical Company Inc.

Chargebacks
This section only applies to Wholesalers and Distributors. CURA will inform Wholesalers and Distributors of its contract prices to institutional customers that have designated the Wholesaler or Distributor as a prime vendor for CURA products and will honor chargeback requests submitted within ninety (90) days after the date of the Wholesaler or Distributor’s invoice to a designated institution. The chargeback request must indicate the institution, date of invoice, units shipped, invoice price, and such other information as may be agreed. Upon receipt and approval of a chargeback request, CURA shall issue a credit memo in the amount of the difference between its net price to the Wholesaler or Distributor on the date of the invoice and its contract price to the institution on the same date or in such other amount as CURA finds it’s properly due. Such credit shall be applied against subsequent purchases by the Wholesaler or Distributor and may not be assigned or transferred to a third party or exchanged for cash. The Wholesaler or Distributor must maintain records evidencing sales for which chargebacks are requested for 18 months and make them available to CURA, if requested.

Warranty
CURA PHARMACEUTICAL COMPANY INC. WARRANTS THAT AT THE TIME OF SHIPMENT, NO PRODUCT DELIVERED HEREUNDER WILL BE ADULTERATED OR MISBRANDED WITHIN THE MEANING OF THE FEDERAL FOOD AND DRUG AND COSMETIC ACT AS AMENDED. THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ON ANY PRODUCTS PROVIDED HEREUNDER TO CUSTOMER PROVIDED HEREUNDER, EXCEPT THOSE SET FORTH IN THE DESCRIPTION AND DIRECTIONS ON THE LABELING OR SUCH PRODUCTS. THIS LIMITED WARRANTY PROVIDED HEREUNDER SHALL BE RENDERED NULL AND VOID IN THE EVENT ANY SUCH PRODUCTS ARE NOT ADMINISTERED, HANDLED AND/OR OTHERWISE USED IN STRICT ACCORDANCE WITH THE DESCRIPTION AND DIRECTIONS ON SUCH LABELING.

Force Majeure
CURA Pharmaceutical Company Inc. will not be held liable for any delay or failure to perform on any contract, or supply any products, when such delay or failure is cause directly or indirectly by acts of God; substantial changes in economic conditions; acts of governmental or military authority or persons claiming or exercising such authority; casualty; acts of buyer; strikes or other labor difficulties; shortages of labor, supplies, fuel, water, energy or transportation facilities; or any other cause beyond CURA Pharmaceutical Company Inc.’s control or the control of any of its suppliers.

Assignment
No assignment by either party of any rights, including rights to moneys due or to become due under this agreement, or delegation of any duties under this agreement or under any purchase orders subject to this agreement, shall be binding upon the other party until its written consent has been obtained. THE CUSTOMER WARRANTS TO CURA PHARMACEUTICAL COMPANY INC. THAT ALL PRODUCTS PURCHASED PURSUANT TO THIS AGREEMENT ARE FOR ITS OWN USE AND WILL NOT BE RESOLD TO ANY THIRD PARTY.

Non-Waiver
Any failure by either party to enforce any provision of this agreement or any purchase order shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision at any subsequent time.

Changes to Agreement – Termination.
CURA Pharmaceutical Company Inc. may make changes to this agreement without notice. Notwithstanding the foregoing, the termination of this agreement shall not affect the rights of the parties with respect to purchase orders submitted and accepted by CURA Pharmaceutical Company Inc. prior to the termination of this agreement.

Partial Invalidity
If any provision of this agreement or any purchase order is or becomes void or unenforceable by force of operation of law, the other provisions shall remain valid and enforceable.

Other Terms
Confidential information: All information provided to the Customer concerning CURA’s institutional contract pricing and other information regarding the CURA products that is designated confidential must be maintained in confidence by the Customer and not disclosed except with the written permission of CURA Pharmaceutical Company, Inc.

Change of Ownership: The Customer must notify CURA at least ten (10) days prior to the effective date of any sale or other transfer of a controlling interest in the Customer to a third party. In the event of such transfer, CURA reserves the right not to make further shipments to the Customer.

Credits: The Customer must furnish financial information requested by CURA to establish and maintain its financial responsibility. CURA reserves the right to require cash payment before shipment or on delivery, if in its sole judgment; the Customer’s financial responsibility has become impaired.

By placing orders for CURA Pharmaceutical Company, Inc. products, the Customer accepts the above terms and conditions.

February 2008.