PRICE LIST & PRODUCT CATALOG

CONTENTS TERMS AND CONDITIONS OF SALE Baxter’s Renal Business Unit develops, manufactures and markets a comprehensive selection of PRODUCTS and services used in the treatment of kidney disease. Directory of Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General Terms and Conditions of Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....

HomeCare Services / Order Entry (HOME PATIENTS) 1 -800-284-4060 Customer Service / Order Entry (Hospitals & Centers) 1 -888-229-0001 NOTE: Hospital and Center orders are required to be placed electronically. PARTS and EQUIPMENT Service 1 -800-553-6898 Hemodialysis On-site Service Hours: 8:00 am - 5:00 pm local time Emergency On-site Service (7 days a week) Global Technical Services 1-800-553-6898 Peritoneal Dialysis Operational Support (24/7/365 days a year) Hemodialysis Technical Support

GENERAL TERMS AND CONDITIONS OF SALE ALL SALES ARE SUBJECT TO AND EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED HEREIN, WHICH ARE ACCEPTED BY THE CUSTOMER UPON PLACING OF AN ORDER FOR PRODUCT WITH BAXTER WHICH ORDER IS CONFIRMED BY BAXTER. NO VARIATION OF THESE TERMS AND CONDITIONS WILL BE BINDING UPON BAXTER UNLESS AGREED TO IN WRITING AND SIGNED BY AN AUTHORIZED EMPLOYEE OF BAXTER, OR UNLESS A SEPARATE DIALYSIS PRODUCT PURCHASE AGREEMENT OR OTHER APPLICABLE SALES DOCUMENT HAS BEEN SIGNED, IN WHICH CASE, SUCH SALES DOCUMENT SHALL GOVERN IN THE EVENT OF AN EXPRESS CONFLICT WITH...

The following definitions apply to these Terms and Conditions: CUSTOMER shall mean the legal entity purchasing PRODUCT, for the provision of Automated Peritoneal Dialysis (“APD”), Continuous Ambulatory Peritoneal Dialysis (“CAPD”), or Hemodialysis (“HD”) therapy. Such entities include, but are not limited to: hospitals and their affiliated outpatient dialysis clinics (“Hospitals”) and other licensed, outpatient dialysis centers (“Centers”). DIRECTACCESS is an on-line tool to allow Hospitals and Centers to manage HOME PATIENT transactions. Key functions include: new patient set-up, status change,...

General Warranty Baxter warrants that PRODUCT manufactured by Baxter, when used in accordance with the directions on the labeling, is fit for the purposes and indications described on the labeling. The applicable manufacturer under the manufacturer’s warranty will cover PRODUCT not manufactured by Baxter, and Baxter provides no warranty for PRODUCT not manufactured by Baxter. The warranty does not apply to any PRODUCT that is misused, abused, neglected, tampered with or damaged intentionally, by accident, flood, water, fire or other hazard. If PRODUCT is not used in accordance with manufacturer’s...

Limitation to Warranty for EQUIPMENT and Service The warranty does not apply to any EQUIPMENT or PART that is subjected to abnormal or unusual electrical or fluid stress, improperly installed or operated, serviced by anyone other than a Baxter authorized representative or not maintained in accordance with the routine maintenance schedule set forth in the Operator’s and Technician’s manual for EQUIPMENT. Periodic preventative maintenance required to maintain proper EQUIPMENT operation is not covered under the warranty. These services can be purchased by calling 1-800553-6898 and selecting the...

Orders All orders shall be subject to these Terms and Conditions and shall not be subject to the terms, conditions, or provisions of any order confirmation, except to the extent that such confirmation specifies quantities. Baxter will use commercially reasonable efforts to fill orders, but Baxter shall not be liable for non-performance or delays caused by a FORCE MAJEURE event. CUSTOMER agrees that in any and all such events, Baxter may allocate PRODUCT among CUSTOMERS without liability or other negative outcome with CUSTOMER. All orders, with the exception of warranty orders or EQUIPMENT service...

Published prices for EQUIPMENT and PARTS do not include delivery, handling and installation. These charges will be arranged and billed separately, if applicable. CUSTOMER is responsible for all freight and distribution charges for all PRODUCT when expedited order processing and delivery is required, unless specifically provided in these Terms and Conditions. All shipments are considered “contiguous USA only” unless otherwise mutually agreed to in writing by CUSTOMER and Baxter. EQUIPMENT shall be sold FOB Origin. All other PRODUCT shall be sold FOB Destination; provided that PRODUCT is delivered...

OFF-SCHEDULE DELIVERY All OFF-SCHEDULE DELIVERY will be assessed a one hundred fifty dollar ($150.00) service fee. Exemptions will be permitted only for: a) prescription changes authorized and documented by the physician; b) usage changes called in by the clinician; c) deliveries required to correct Baxter error; d) domestic travel orders subject to the Vacation Supply Deliveries section; and e) New HOME PATIENT Orders. HOME PATIENT RE-DELIVERY Orders requiring RE-DELIVERY are subject to a charge of seventy-five dollar ($75.00). EXPEDITED ORDERS EXPEDITED ORDERS at CUSTOMER’S request are subject...

Vacation Supply Deliveries Travel orders for destinations within the continental U.S. (excluding all cruises regardless of departure port) require a lead time of fourteen (14) business days. Less lead time will result in EXPEDITED ORDER charges of one hundred dollars ($100.00) as outlined in the previous section. Through the Global Destinations Program, peritoneal dialysis HOME PATIENTS can successfully continue their therapy while travelling outside of the continental U.S., including Alaska and Hawaii and cruises from any port, domestic or international. Customer is responsible for the shipping...