Sales conditions

1. Quotations
Prices will be quoted for any of the compounds listed in our product list. Hovione will also consider requests for products not currently in its manufacturing range, and study project development and scale-up requests. However Hovione is not under an obligation to do so. Unless otherwise agreed, prices are given net, CIP air, packing included, and remain valid for 10 days.

2. Payment
Invoices are payable in the currency indicated in the invoice, cash against documents presented through our bankers. Credit terms must be established in advance in each case. Payment of invoices is not transferable to third parties without Hovione's previous written agreement. Any delayed payment beyond maturity shall attract an additional interest charge of 1% per month or part thereof. Title of property of the product sold remains with Hovione until full settlement independently of transformation. The customer shall inform us immediately in case of seizure, attachment or other measures taken by third parties in respect of the goods delivered. The customer must reimburse us all costs resulting from our interventions in case of such measures by third parties.

3. Insurance
Each shipment is covered by a comprehensive freight insurance policy (Institute cargo clause (A), Institute strike clauses (cargo) and Institute war clauses (cargo), when applicable) from our warehouse to the client's warehouse, with up to 30 days' travel and transit time. A customer requiring further coverage shall advise Hovione in good time and bear costs. In the event of loss or damage in transit the customer should immediately file a claim; as Hovione may be able to recover part of the product, the damaged container shall be carefully repacked and returned to Hovione in the shortest period of time.

4. Quality
Hovione shall supply product within the specifications requested by the client and agreed to by Hovione. The Product shall have been tested and a certificate of analysis shall be issued by Hovione. In the case of product not meeting these specifications, Hovione's liability is strictly limited to the replacement by an equal amount of product, within specification, provided the complaint is deemed to be valid. The complaint must be notified in writing to Hovione or to Hovione's agent within 30 days from the date of invoice.

5. Patents
In the case of products where Hovione can offer a patent guarantee, its terms will be discussed and agreed to in writing with the client for each and every sale, except where a long term contract has been signed, for the same purpose. In cases where no such explicit written agreement exists, Hovione declines all liability in cases of infringement of patent rights brought by a third party against the client.

6. Technical data and documentation
All technical and scientific data and documentation supplied to customers or enquirers remain our exclusive property. Such documents may not be copied by the recipient nor be used to manufacture products supplied by Hovione, nor be used in submissions to Health Authorities under any form, nor be disclosed or be placed at the disposition of a third-party, unless we have given our explicit prior written consent.

7. Restrictions
Listing of a compound is not a guarantee of its continued availability; it may be discontinued without prior notice. Products manufactured by Hovione under a product claim or using a patented process are identified as such in Hovione's product list. For these products:

1. The client may not refer to such patents in legal proceedings unless authorized in writing by Hovione to do so.

2. Re-exportation of Hovione's products outside the European Community is forbidden. Within the EC, the client must inform Hovione of the intended country of export. Where such export may lead to patent infringement proceedings because of differing patent coverage's, Hovione shall inform the client of this fact and suggest that it abandon its intention to export. Where continued export places Hovione at risk of legal proceedings, Hovione reserves the right to increase its price to cover eventual damages.

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