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TERMS AND CONDITIONS OF SALE

GENERAL

A purchaser of product from Pharmaceutical Partners of Canada Inc. (a "PPC purchaser") shall not:

1. Export product from Canada to any other jurisdiction without written consent of PPC;
2. Sell product for export from Canada to any other jurisdiction; or
3. Sell product for resale to any party who it knows, reasonably should know will:
   1. Export said product from Canada to any other jurisdiction, or
   2. Sell said product to any further party who the party knows, reasonably suspects or reasonably should know will export said product from Canada to any other jurisdiction.

A PPC Third-Party Purchaser (any party to whom PPC sells product for resale) shall provide sales by product by customer data when requested at a nominal fee.

ACCEPTANCE OF ORDERS

All orders are subject to acceptance by Pharmaceutical Partners of Canada Inc. at its general office.

TERMS

Net 30 days.

REMITTANCE ADDRESS

For direct orders only.

Pharmaceutical Partners of Canada Inc.
45 Vogell Road, Suite 200
Richmond Hill, Ontario
L4B 3P6

If product is ordered through McKesson Distribution Partners please remit payment to:

McKesson Distribution Partners
PO Box 665
Edmonton, Alberta
T5J 2K8

PRICES AND QUOTATIONS

Prices are subject to change without notice. To obtain pricing based on volume purchases, please contact your Pharmaceutical Partners of Canada Inc. representative.

NOTE: List prices are exclusive of G.S.T., Q.S.T. and H.S.T.

TRANSPORTATION, STORAGE AND HANDLING

All orders are shipped Prepaid, FOB Destination. If customer requests "special deliveries", customer will incur freight charges on their invoice. Pharmaceutical Partners of Canada Inc. follows the new Health Canada Guidelines for Temperature Control of Drug Products during Storage and Transportation. Should you have any questions about these Guidelines, please consult the Health Canada Compliance and Enforcement website at: http://www.hc-sc.gc.ca/dhp-mps/compli-conform/gmp-bpf/docs/gui-0069-eng.php

HANDLING CHARGE

For orders placed directly with Pharmaceutical Partners of Canada Inc. that are less than $100.00, a handling charge of $25.00 will be applied. Customers requesting special handling will be charged for the additional expense.

RUSH ORDER CHARGE

All orders requested by the customer to be shipped RUSH are subject to a Rush Order Charge of $75.00. These orders may also be subject to additional freight charges.

BACK ORDERS

All back orders will be cancelled after a 60–day period from date of order if product remains unavailable for shipping at that time.

McKesson Distribution Partners: Every effort will be made to ensure your order is filled at the time it is placed. If a product you have ordered is not available from the McKesson Distribution Partners depot where the order originated, head office Customer Service will search our other depots and notify you if the product is available for shipment from a depot outside of the McKesson Distribution Partners network

ORDERING INFORMATION

Orders may be placed with Pharmaceutical Partners of Canada Inc. and/or its representatives, McKesson Distribution Partners or through a Wholesaler.

MCKESSON DISTRIBUTION PARTNERS - ORDER DESK

Ontario (Brampton)
Telephone: (905) 671-1376
Fax: (905) 671-1363
Telephone: 1-877-671-1376
Fax: 1-888-600-8104

West (Edmonton)
Telephone: (780) 486-8700
Fax: (780) 486-8708
Telephone: 1-800-830-6465
Fax: 1-800-830-6436

Saskatchewan
Please contact McKesson Distribution Partners Edmonton

Quebec
Please contact McKesson Distribution Partners Brampton

PPC DIRECT ORDERS

Customer Service Toll Free Tel: 1-877-821-7724
Customer Service Toll Free Fax: 1-877-821-2108
E-Orders: PPCcustomerorders@ppcdrugs.com

RETURNS

Note: Heparin manufactured to the pre-October 2009 USP Standard is non-returnable for restocking during the period of transition to the new USP Standard.

Effective May 1st, 2010 all list price purchases will be eligible for return provided all other applicable criteria are met as per the Credit and Returned Goods Policy.

CREDIT AND RETURNED GOODS POLICY

No credit exists until a credit note is issued by PPC and no deduction, offset, or adjustment to any invoice may be made by the customer except on the basis of a credit note. Before any product is returned to Pharmaceutical Partners of Canada Inc., a "returned goods authorization" number must be obtained from the Customer Service Department. Product must be returned in full, unopened, undamaged, original Pharmaceutical Partners of Canada Inc. shelf pack and customer must provide adequate documentation to ensure that the product was properly stored. Credit allowance for authorized returns submitted will be issued under the following circumstances:

ACCEPTABLE RETURNS

Product may be returned for credit under the following conditions:

1. SHIPPING ERRORS
2. VISIBLE DAMAGE
3. CONCEALED DAMAGE
4. EXPIRED GOODS
5. CUSTOMER ORDERING ERRORS

1. SHIPPING ERRORS: Immediately contact the PPC Customer Service Department and report any product shipping errors. A Representative will issue a Returned Goods Authorization number and provide the product conditions listed above "Credit and Returned Goods Policy".
   
2. VISIBLE DAMAGE: Any visible damage should be noted on the carrier's bill upon receipt of the order and should place a request for the carrier's inspector to view the goods in question at that point. DO NOT REFUSE THE SHIPMENT. Refusing the shipment will void Pharmaceutical Partners of Canada Inc.'s right to claim reimbursement for damages.
   
   REFUSED SHIPMENTS DUE TO DAMAGE WILL NOT BE CREDITED. Immediately contact the PPC Customer Service Department and report the product damage. A representative will issue a credit note or a replacement order.
   
3. CONCEALED DAMAGE: Immediately contact the PPC Customer Service Department and report any concealed damage noted upon receipt of your order. A representative will issue a credit note or a replacement order.
4. EXPIRED GOODS: A credit or replacement will be issued for any product on hand at the time the product expires. You must apply for credit within 12 months from the date of product expiration. Partial packs of expired goods can be processed for credit. Please forward your expired goods request list by fax (877–821–2108) directly to PPC to the attention of "Customer Service Department".
5. CUSTOMER ORDERING ERRORS: Immediately contact the PPC Customer Service Department and report any customer ordering errors. A Representative will issue a Returned Goods Authorization number and the product is to be returned according to the conditions listed above in the "Credit and Returned Goods Policy" A credit will be issued at 75% of the purchase price.

NON–ACCEPTABLE RETURNS:

1. Broken, marked or damaged due to negligence or improper storage.
2. Product involved in a fire or flood.
3. Product which has been purchased from a bankruptcy sale or going out of business sale.
4. Unexpired product, which has been repackaged, overlabelled or reconstituted.

RETURN AUTHORIZATION

An authorized return must be sent within 30 days from the receipt of an authorization number.

Pharmaceutical Partners of Canada Inc.
c/o Accuristix
109 Summerlea Road
Brampton, Ontario L6T 4P6

Pharmaceutical Partners of Canada Inc. sales representatives are not permitted to pick up product for return and we reserve the right to inspect all returns before issuing a credit. We have the right to destroy product which is returned outside the policy or which is considered unfit or unsafe for use.

Please note: Product ordered directly from Pharmaceutical Partners of Canada Inc. and McKesson Distribution Partners cannot be accepted for return at our Head Office in Richmond Hill, Ontario. Product ordered through McKesson Distribution Partners Calgary, AB and Port Coquitlam, BC. that is authorized for credit can be returned to the following address:

McKesson Distribution Partners
4440-78 Ave S.E
Calgary, Alberta
T2C 2Z5
TEL: (800) 830-6465
FAX: (800) 830-6436

Product ordered through McKesson Distribution Partners Brampton that is authorized for credit can be returned to the following address:

McKesson Distribution Partners
8555 Torbram Rd
Brampton, ON
L6T 5R1
TEL: (877) 671-1376
FAX: (888) 600-8104

GOODS RETURNED UNAUTHORIZED WILL RECEIVE NO CREDIT.

Please remit your expired goods list by telephone, fax or email to our Customer Service Department.
Customer Service Toll Free Tel: 1-877-821-7724
Customer Service Toll Free Fax: 1-877-821-2108
E-Orders: PPCcustomerorders@ppcdrugs.com

FORCE MAJEURE

Pharmaceutical Partners of Canada Inc. shall not be held liable for any delay or failure in performance hereunder arising out of cause beyond its control or without its fault or negligence. Such causes may include, but are not limited to, fires, strikes, embargoes, shortages or unavailability of supplies, raw materials, components or products from customary sources at customary prices, acts of God, production or delivery problems, labour problems, acts of government, war, sabotage, acts of customer, inability to secure transportation, national disasters or discontinuance of a product line. Customer agrees that in such events, available products may be allocated by PPC in its sole discretion among its customers without liability.

PRODUCT RECALL

Should a product recall or withdrawal be necessary, Pharmaceutical Partners of Canada Inc. will compensate customers only for direct expenses in performing all recall services requested by Pharmaceutical Partners of Canada Inc.

INABILITY TO SUPPLY PROCEDURE AND POLICY

When a customer is unable to obtain a contracted item from Pharmaceutical Partners of Canada Inc. and therefore must purchase from an alternate source at a higher price, Pharmaceutical Partners of Canada Inc. will honour price differentials provided the following conditions and procedures are met:

A. Conditions

Pharmaceutical Partners of Canada Inc. will honour price differential requests when:

1. The customer is in compliance with the contract and regularly used the product in question.
2. The contracted item was an Exclusive Award, i.e. the item was not dual awarded.
3. If Pharmaceutical Partners of Canada Inc. has communicated to a customer or buying group that a product will not be available for an extended period, the customer or buying group should secure an alternate vendor. Pharmaceutical Partners of Canada Inc. will honour price differentials up to eight (8) weeks after the notification of product unavailability at the noncontracted price, to commence on the date of the notification letter.
4. Credit may be issued in the form of replacement product.
5. It is the responsibility of the buying groups to communicate this policy to the membership.

B. Procedure

When a customer cannot obtain a product directly from Pharmaceutical Partners of Canada Inc. and has purchased from an alternate source, the following procedure should be followed:

Submit a copy of the invoice from the alternate vendor, your contract price and amount of price differential requested to the Customer Service Department, Attention: Price Differentials. Please note that any price differentials submitted after 6 (six) months from date of purchase from an alternate vendor will not be accepted.