- These are the terms and conditions referred to in the Invoice.
- Together, these terms and conditions and the Invoice form the entire agreement between Cannvalate Pty Ltd (CVL) and the Patient.
- These terms and conditions will prevail to the extent of any inconsistency between the terms and conditions and the Invoice.
- In the terms and conditions:
Dispensing Fee means the fee paid to the Pharmacy for dispensing the Products to the Patient, as agreed between CVL and the Pharmacy.
Invoice means the Invoice generated in respect of the Purchase Order and sent to the Patient by CVL on instruction by the Pharmacy.
Patient means the patient specified in the Supply Authority in relation to the supply of the Products.
Pharmacy means the pharmacy responsible for dispensing the Products to the Patient.
Products means the medicinal cannabis products approved for supply to the Patient that are specified in the Purchase Order and the corresponding Invoice.
Purchase Order means the purchase order for the wholesale supply of the Products raised by the Pharmacy and sent to CVL.
SAS B Authorisation means the Special Access Scheme application for the supply of medicinal cannabis products to the Patient approved by the Therapeutic Goods Administration.
Supply Authority means the SAS B Authorisation and approval from the relevant State or Territory authority to supply the Products.
- Relationship with CVL
- CVL is the wholesale supplier of the Products to the Pharmacy.
- The Patient agrees to pay the amount specified in the Invoice to CVL on behalf of the Pharmacy in order to secure the wholesale supply of the Products to the Pharmacy.
- CVL does not represent that it will, or that it is authorised to, supply the Products to the Patient.
- Any supply of the Products to the Patient will be by the Pharmacy and is subject to the professional duties of the pharmacist.
- Price and payment terms
- The price is the amount specified in the Invoice.
- The price includes:
- all costs associated with packaging, transporting and delivering the Products; and
- the Dispensing Fee. The Patient is responsible for paying the price of the Products to CVL on behalf of the Pharmacy. Payment must be tendered in accordance with the requirements set out in the Invoice.
- CVL will not dispatch the Products to the Pharmacy until payment has been received.
- Once payment has been processed, CVL will send evidence of payment to the Patient and the Pharmacy.
- Payment to CVL secures the wholesale supply of the Products to the pharmacy. The Pharmacy will determine whether to supply the Patient.
- CVL warrants that the Products will match the description in the Purchase Order.
- The Products must be used, taken or administered in accordance with the instructions of the dispensing pharmacist and the directions of the Patient’s treating medical practitioner.
- Any adverse reaction, outcome or side effect should be immediately notified to the Patient’s treating medical practitioner.
- Refund and returns
- The Patient is entitled to seek a refund from CVL if the Products are defective, not fit for purpose or do not match the description in the Purchase Order. In such circumstances, the Products should be returned to the dispensing pharmacy for inspection and destruction. The Products cannot be returned to CVL under any circumstances.
- A refund will not be available where the Products have been damaged as a result of misuse, mishandling, or improper storage by the Patient.
- The Patient is entitled to seek a refund from CVL if the Pharmacy, in exercising its discretion to dispense the Products, declines to dispense the Products to the Patient.
- Compliance with laws
- This agreement operates subject to compliance with all applicable Commonwealth, State, or Territory laws.