Wholesalers:
Must be registered as a drug Wholesaler with the appropriate state licensing entity. All wholesale or distributor purchases of Questcor Pharmaceuticals, Inc. products must be made directly from Questcor. All sales and returns must be reported through the Questcor Customer Service Department.

Orders:
Wholesaler may mail, fax, or telephone orders for products marketed by Questcor Pharmaceuticals, Inc by mail, facsimile, or telephone call followed by written purchase order confirmation. All sales of Questcor products are subject to these terms and conditions of sale, and any additional or inconsistent provisions contained in any purchase order or other document provided by Wholesaler are not binding unless accepted in writing by Questcor and specific reference is made by Questcor to those provisions. Questcor Pharmaceuticals, Inc. reserves the right to limit the quantities of products to be shipped pursuant to any order or to refuse any order prior to shipment.

Pricing and Payment Terms:
All products will be invoiced at Questcor list price in effect on the date of receipt of the order. Prices are subject to all taxes, excises, or other charges levied by any governmental entity (federal, state, and/or local) upon the sale, transfer, consumption, or use of the products shipped under these terms and conditions. If Wholesaler claims exemption from any tax, it must inform Questcor of the number(s) of all applicable exemption certificates and provide copies of such exemption certificates prior to placing orders.

Payment terms are: 2% off invoiced price for payments postmarked not later than 30 days from date of invoice, net 31 days. Payment terms taken on late payments will be disallowed and Wholesaler will reimburse Questcor for any cash discount taken but not earned. A service charge of two percent (2%) per month, or the highest amount allowed by law, if lower, will be charged on all accounts past due, and on all credits automatically deducted in error or without prior approval from Questcor.

In the event of a disputed item (discounts, billing errors, etc.), Wholesaler must notify Questcor's Accounts Receivable Department within ten (10) days from date of receipt of the original invoice. Any request for credit or replacement beyond this point will be denied.

Any contract made by and between the parties is expressly limited to and conditioned upon Wholesaler's assent to the terms and conditions set forth herein and Questcor's review and approval of Wholesaler's credit. Conduct recognizing the existence of a contract shall be construed as assent to these terms and conditions. The prices, delivery terms, and terms of payment stated herein may be changed by Questcor at any time.

Returned Goods/Products Procedure: See our Return Goods Policy

Damaged Shipments:
If merchandise arrives in damaged condition, Wholesaler must notify Questcor Customer Service in writing within ten (10) days of the delivery date.

Product Recall:
In the event of a recall initiated by Questcor, Questcor agrees to compensate Wholesaler for any shipping expenses incurred by Wholesaler in performing the recall services requested by Questcor. The Wholesaler shall be responsible for lot tracking and help in the coordination of the product recall activities and any other activities required by the applicable laws or regulations.

Discrepancies:
Shortages will not be honored for credit if no notation is made on the bill of lading at the time of delivery.

Transportation and Handling:
Orders will be shipped FOB destination, freight prepaid. Shipments will be handled by Questcor's selected carrier within five (5) business days from the receipt of order. If a special drop shipment is requested, Questcor will apply a $50.00 Drop Shipment fee to purchaser's invoice. This fee will be waived during periods of inventory shortages if the shortage is the reason for the need for the drop shipment. Title to merchandise passes upon delivery by the carrier when the shipment is delivered to the FOB destination. In the event a shipment appears to be unusually delayed in delivery, Wholesaler should promptly notify the Questcor Customer Service Department to begin the package tracking process.

Audits and Reports:
Wholesaler agrees to submit to an audit by a third party auditor selected by Questcor not more than twice annually. Wholesaler agrees to furnish inventory/stock status reports upon request, but no more often than quarterly. Product supplied hereunder by Questcor to the Wholesaler will be sold or shipped by Wholesaler on a first-in, first-out basis.

Remittance and Billing Inquiries:
Payments and inquiries should be addressed to:

Questcor Pharmaceuticals, Inc.
Accounts Receivable
Dept. 33559
P.O. Box 39000
San Francisco, CA 94139
Fax: 510-400-0715
email: ar [at] questcor [dot] com

Modification of These Terms and Conditions:
These terms and conditions may be changed by Questcor at any time, but the new terms and conditions will not apply to any orders received by Questcor prior to the date of any such change.

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