Non-Wholesaler Sales Policy And General Information – Effective October 1, 2005

Payment Terms
NET 30 days from date of invoice.

Orders and Prices
All orders are subject to acceptance by Bedford Laboratories. Prices are subject to change without notice.

Service
Normal shipping is within 48 hours upon receipt of order.

Minimum Order Requirements and Shipments
Bedford Laboratories product orders over $200.00 are shipped prepaid. For orders less than $200.00, a $20.00 shipping and handling charge will be applied. Orders within the contiguous United States are shipped F.O.B. destination. Orders for Hawaii, Alaska, Puerto Rico and U.S. Virgin Islands are shipped F.O.B. shipping point. Orders are shipped from our distribution center in Bedford, Ohio. Customers requesting special handling will be billed for additional expenses.

Damages in Transit
If shipments arrive broken or in damaged condition, insist upon the transportation company’s agent noting “damaged” or “broken” on the freight bill. The damaged material must remain in the original carton for inspection by the transportation company. All requests for credit must be processed through our Bedford, Ohio office at (800) 562-4797. Bedford Laboratories must be notified within 10 days of delivery.

Order and Shipping Errors
Bedford Laboratories order discrepancies resulting from over shipments, short shipments, ordering errors or any other error must be reported to Customer Service within 10 days of delivery in order to be resolved appropriately. All adjustments require prior authorization.

Returns
Returns will be handled in accordance with our Returned Goods Policy, or by contacting Bedford Laboratories Customer Service at (800) 562-4797 or by contacting your local Bedford representative.

Force Majeure
Bedford Laboratories, a division of Ben Venue Laboratories, Inc., will not be liable for any failure to perform arising out of any cause beyond its control, including but not limited to: strikes, fires, explosion, flood, riot, lock out, injunction, acts of God, acts of terrorism, interruption of transportation, national disasters, unavoidable accidents, inability to obtain supplies of raw materials at reasonable prices or any other causes beyond our control.

Warranty
Bedford Laboratories warrants that at the time of shipment, no product delivered will be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act as amended. There are no other warranties, expressed or implied, including any warranty of merchantability or fitness for a particular purpose on any products provided under this Sales Policy. This limited warranty shall be rendered null and void in the event any such products are not administered, handled and otherwise used in strict accordance with the description and directions on such labeling.

Customer’s remedy for breach of warranty pertaining to the product provided shall be limited solely to the replacement of such product which, upon Bedford Laboratories’ examination, is found to be not in compliance with the limited warranty contained above.

Indemnification
Bedford Laboratories shall indemnify, defend and hold customer harmless from any and all claims, damages, liability and expenses arising out of Bedford Laboratories’ negligence or willful acts or omissions in connection with the sale, use and possession of the products and services provided by Bedford Laboratories to customer. Customer shall indemnify, defend, and hold Bedford Laboratories, its agents, employees and representatives harmless for any and all claims, damages, liability and expenses arising out of the negligence or willful acts or omissions of customer, its agents, employees and representatives in connection with the use and possession of the products and services provided by Bedford Laboratories to customer. Under no circumstances will Bedford Laboratories be responsible or liable for any claims, damages, liability and expenses whatsoever (including without limitation, consequential damages) beyond the stated amount of Bedford Laboratories’ invoice and Bedford Laboratories’ liability shall be strictly limited to such amount. In no event shall Bedford Laboratories be liable or responsible under this paragraph or otherwise, if any such claims, damages, liability and expenses arise from, related to or are proximately caused by, the act or omission of customer or any third party.

Waiver
Waiver by Bedford Laboratories of any breach by customer shall not operate as a waiver of any future breach nor as a continuing waiver. All of Bedford Laboratories’ remedies, whether provided by law, contract or contained elsewhere, shall be deemed to be cumulative. Customer shall bear all costs and expenses, including reasonable attorney’s fees, incurred by Bedford Laboratories, in enforcing the terms and conditions of this Sales Policy.