- These are the terms and conditions referred to in the Purchase Order.
- Together, these terms and conditions and the Purchase Order form the entirety of the agreement between Cannvalate Pty Ltd (CVL) and the Pharmacy.
- These terms and conditions will prevail to the extent of any inconsistency between the Purchase Order and the terms and conditions.
- In the terms and conditions:
Delivery Address means the address specified in the Purchase Order for the Products.
Dispensing Fee means the fee paid to the Pharmacy for dispensing the Products to the Patient, as agreed between the parties.
Patient means the patient specified in the Supply Authority in relation to the Products.
Pharmacy means the pharmacy responsible for dispensing the Products to the Patient.
Products means any medicinal cannabis products to be supplied by CVL to the Pharmacy as specified in the Purchase Order.
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.
- Ordering Products
- The Pharmacy requires the supply of the Products and CVL has represented that it can supply the Products by wholesale.
- CVL accepts and is deemed to accept an order for the Products when CVL communicates to the Pharmacy in writing that it has received and can fulfil the Purchase Order.
- CVL will only supply the Products by wholesale to the Pharmacy if the Pharmacy holds the appropriate licences, approvals, and permits to obtain the Products.
- Packaging and delivery
- CVL warrants that the Products will be packaged and labelled in accordance with the requirements of all applicable standards, laws, and regulations.
- CVL must deliver the goods to the Delivery Address by the date agreed with the Pharmacy. Delivery will only be made after CVL has received payment for the wholesale supply of the Products.
- CVL is responsible for all costs, charges, and duties associated with delivering the Products to the Delivery Address until the Products are accepted by the Pharmacy.
- CVL will comply with all relevant Commonwealth, State or Territory, laws in delivering the Products (and is responsible for obtaining all necessary licences, approvals, consents and permits for delivery of the Products).
- Risk of loss or damage of the Products passes to the Pharmacy upon delivery to the Delivery Address.
- CVL warrants that the Products will meet all quality requirements and standards to the extent required under the Australian Consumer Law.
- If the products fail to comply with the conditions set out in clause 5, the Pharmacy must notify CVL of the noncompliance immediately and retain for inspection or destroy (as may be directed by CVL) the Products in accordance with all applicable Commonwealth, State, or Territory laws.
- The Pharmacy warrants that the persons dispensing the Products to the Patient are registered, qualified, and licensed to do so.
- Price and payment terms
- The price of the Products is the amount specified in the Purchase Order or otherwise agreed between CVL and the Pharmacy.
- The price includes:
- all costs associated with packaging, transporting and delivering the Products; and
- the Dispensing Fee.
- The Pharmacy may arrange for the Patient to make payment on its behalf.
- CVL will not dispatch the Products to the Pharmacy until CVL has received payment for the Products.
- Evidence of payment will be provided to the Pharmacy at the time of delivery.
- CVL will pay the Dispensing Fee to the Pharmacy on behalf of the Patient. Payment of the Dispensing Fee is contingent on receiving confirmation from the Pharmacy that:
- the Pharmacy is satisfied that the Products meet the requisite quality standards set out in these terms and conditions or otherwise required under a law of the Commonwealth, a State or Territory or other industry code;
- the Pharmacy is satisfied that the prescription is validly issued and is compliant with all applicable Commonwealth and State or Territory regulations for the dispensing of the Products;
- the Pharmacy is satisfied that, in all the circumstances, and having regard to professional and ethical duties contained in all relevant Commonwealth and State or Territory laws and industry codes of practice, dispensing the Products to the Patient is appropriate; and
- the Pharmacy has dispensed the Products.
- Pharmacy responsibilities
- The Pharmacy warrants that it is legally permitted to obtain the Products in accordance with all applicable Commonwealth, State or Territory laws. The Pharmacy must provide evidence of its authority to obtain the Products at the time the Purchase Order is raised, and at any other time at the request of CVL.
- The Products must not be dispensed to the Patient unless the Pharmacy has complied with all applicable Commonwealth, State or Territory laws and all relevant industry codes of practice that regulate the supply of the Products to the Patient.
- In the event that the Patient is seeking a refund because the Products are defective, not fit for purpose or do not match the description in the Purchase Order, the Pharmacy must inspect the Products and confirm the alleged fault and, where necessary, destroy or retain for inspection (as directed by CVL) the products in accordance with the applicable Commonwealth, State or Territory laws.
- The Pharmacy must immediately notify CVL of the defect in the Products if a Patient is seeking a refund.
- Compliance with laws
- This agreement operates subject to compliance with all applicable Commonwealth, State, or Territory laws.