TERMS AND CONDITIONS OF SALE

1. APPLICABLE CONTRACT PROVISIONS

These terms and conditions, together with any other agreement entered into between QuVa Pharma, Inc. (“QuVa”) and customer (the “Agreement”), are the sole and complete contract between customer and QuVa in respect of the products purchased by customer from QuVa (the “Products”) and supersede all prior oral or written understandings.  QuVa rejects those provisions of any order, offer, or other communication from customer, which are additional to, different from, or conflict with the terms hereof.  Neither QuVa’s delivery of the Products nor any other action at any time on the part of QuVa shall constitute acceptance of such additional, different, or conflicting terms.  Customer shall be bound by all the terms of the Agreement, including these terms and conditions when customer accepts this Agreement by failing to object in writing hereto within a reasonable time and acceptance of delivery of the Products.

2. CLAIMS AND RETURNS

QuVa does not accept returned Products in the normal course of its business and will only accept returns and provide credit in limited circumstances.

Credit will be issued in the following circumstances:

a) Products shipped in error or in incomplete quantity by QuVa are subject to full replacement or credit will be given for the amount invoiced provided QuVa’s Customer Service Department is notified within three (3) business days of receipt of the shipment.

b) Product shipments that have been damaged during shipment will be replaced or credit will be given provided damaged items are reported and appropriate documentation has been provided to QuVa’s Customer Service within three (3) business days of receipt for credit to be issued.

c) The customer must contact QuVa Customer Service at Customer.Service@QuVaPharma.com to determine the appropriate disposition of the damaged shipment. In the event that the Product is to be returned, the customer will be required to complete and return to QuVa a “Return of Goods” form (download form here).

d) Products shipped with less than seven (7) days BUD dating at time of receipt, unless specifically agreed with customer, are subject to full replacement or credit will be given for the amount invoiced provided QuVa’s Customer Service Department is notified within three (3) business days of receipt of the shipment.

e) Products that are demonstrated to not meet the agreed Product specifications of QuVa will be replaced or credit will be given for the amount invoiced provided QuVa’s Customer Service Department is notified within three (3) business days of first discovery of defect.

f) Products that are recalled.

For all Product Return Requests the customer should contact QuVa Customer Service at Customer.Service@QuVaPharma.com or 1-888-339-0874.  The customer will be required to complete and return to Supplier a “Return of Goods” form (download form here) to aid QuVa in its investigation and resolution of customer complaints.  Under no circumstances should Product subject to a claim be destroyed by customer without express prior permission to do so.

QuVa will reimburse the customer for the reasonable costs related to the return of the Product.

3. LIMITATION OF LIABILITY

QUVA SHALL HAVE NO LIABILITY FOR PUNITIVE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSSES OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN IF QUVA HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.  THESE LIMITATIONS ARE AGREED ALLOCATIONS OF RISK.