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All sales of Camber Pharmaceuticals product(s) are subject to these Terms and Conditions of Sale, and any additional or inconsistent provisions contained in any purchase order or other document are not binding on Camber Pharmaceuticals unless accepted in writing by Camber Pharmaceuticals. These Terms and Conditions of Sale supersede and terminate any previous agreement or policy, whether written, oral, or established through course of dealing between any purchaser and Camber Pharmaceuticals with respect to the subject matter hereof. No subsequent course of dealing or conduct of the parties shall result in a modification of these Terms and Conditions of Sale. Camber Pharmaceuticals reserves the right to amend these Terms and Conditions of Sale by notification to purchaser.

Direct Sales

Camber Pharmaceuticals will only sell product(s) directly to licensed drug wholesalers, retail chains with warehouses or distribution centers, and contract purchasers including federal government facilities. All purchasers must be pre-approved by an authorized Camber Pharmaceuticals representative.

Orders can be received via EDI, fax, mail, or phone:

Address:

Camber Pharmaceuticals, Inc.

1031 Centennial Ave

Piscataway, NJ 08854

Phone: (732) 529-0430

FAX: (732) 562-8872

Electronic Ordering: To set up EDI contact: Customer Service at 732-529-0430 or email: customerservice@camberpharma.com

Minimum Order Quantities: Full Case by SKU and $250.00

All orders are subject to acceptance by Camber Pharmaceuticals at its principal place of business. Orders will be increased to the stated Minimum Order Quantities. Camber Pharmaceuticals reserves the right to limit the quantities of product shipped pursuant to any order, and to refuse any order prior to shipment. In the event of short supply Camber Pharmaceuticals may allocate its inventory among purchasers, as it deems appropriate in its sole discretion. Purchasers acknowledge and agree that lead times will vary according to production conditions, all desired shipment dates shall be estimates, and Camber Pharmaceuticals shall not be liable for any unavailability or failure or delays in supplying product for any reason. In addition, Camber Pharmaceuticals shall not be liable for failure to perform under any agreement due to strike, fire, accidents, inability to obtain supplies, contingencies of supply or manufacturing, failure or interruption of utilities or common carriers, or other causes beyond its reasonable control. Camber Pharmaceuticals reserves the right to discontinue and withdraw from the marketplace any product, product size, or packaging at any time. Prices for Camber Pharmaceuticals products are those in effect at the time orders are accepted by Camber Pharmaceuticals and are subject to change without notice. Sales to contract purchasers are made with the express understanding and agreement that the product(s) is purchased for the sole use of the contract purchaser, and is not intended to be sold or transferred for further sale or resale by retailers, wholesalers, or other parties.

Mail via U.S. Postal Service – Send To:

Camber Pharmaceuticals, Inc.

P.O. Box 28684

New York, NY 10087-8684

Mail via Overnight/Courier – Send To:

JPMorgan Chase – Lockbox Processing

Camber Pharmaceuticals, Inc. & 28684

4 Chase Metrotech Center

7th Floor East

Brooklyn, NY 11245

ACH/EFT payments:

Contact Collections (732) 529-0430

Credit

Purchasers must provide financial information requested by Camber Pharmaceuticals to establish and maintain financial responsibility. Camber Pharmaceuticals reserves the right to maintain a credit limit on all purchasers. Camber Pharmaceuticals further reserves the right to reject or revoke acceptance of any order or require cash payment before shipment or on delivery if, in Camber Pharmaceuticals sole judgment, purchaser’s financial responsibility has become impaired.

Camber Pharmaceuticals reserves the right to make shipments in installments as it deems advisable or necessary. All shipments are sent prepaid UPS Ground – any charges for special handling (overnight, airfreight, etc.) will be borne by the purchaser.

Shipments received damaged or in error

Immediately upon receipt of a shipment of Camber Pharmaceuticals product(s), the purchaser must inspect the products and notify Camber Pharmaceuticals Customer Service Department by phone or fax of any claims for defects or damage. In the event of any such claim, purchaser must hold the product(s) pending receipt of Camber Pharmaceuticals instructions concerning disposition and permit Camber Pharmaceuticals, or its representative, to inspect them upon request.

Shipments received in error are defined as either a Camber Pharmaceuticals order error or purchaser order error. The overages of product(s) in these shipments must be returned to Camber Pharmaceuticals within 30 days of date of receipt, regardless of cause of error. Credit in the form of a credit memo will be issued at purchase price, plus reimbursement for the cost of shipping if return is necessary to correct a Camber Pharmaceuticals error. Purchaser must pay for shipping charges associated with returns to correct a purchaser error. If purchaser fails to notify Camber Pharmaceuticals within five (5) days after the date of invoice, the product(s) will be deemed to have been received in good condition in the quantities stated in Camber Pharmaceuticals invoice, and to have been accepted by the purchaser.

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Except to the extent expressly stated in such a written continuing guaranty and indemnity as may have been executed by Camber Pharmaceuticals and delivered to the purchaser of Camber Pharmaceuticals product(s) shipped directly from Camber Pharmaceuticals to purchaser, and be in effect upon shipment, Camber Pharmaceuticals grants no warranties, express or implied, and Camber Pharmaceuticals disclaims any and other warranties, including but not limited to warranties of merchantability or fitness for a particular purpose or non-infringement with respect to any product(s)s delivered to any purchaser. A purchaser’s sole and exclusive remedy for delivery of defective or nonconforming product(s) shall be return of said product(s) to Camber Pharmaceuticals on and subject to the terms and conditions of the Camber Pharmaceuticals return goods policy. Under no circumstances will Camber Pharmaceuticals be liable for any incidental or consequential damages based on any Camber Pharmaceuticals product(s).

Purchaser Representations

Purchaser represents that (i) it will handle and store Camber Pharmaceuticals product(s) properly and in compliance with Camber Pharmaceuticals instructions and with all applicable federal, state and local requirements; (ii) it has and will maintain all federal, state and local registrations necessary for the lawful handling of all Camber Pharmaceuticals product(s); and (iii) it will comply with all requirements of the Prescription Drug Marketing Act regarding the handling and sale of Camber Pharmaceuticals product(s).