Product Order Terms & Conditions

1) These Product Order Terms together with the full Terms and Conditions and the Product Order submitted by you (the Consignee) and accepted by Cannoperations Pty Ltd (Supplier) form a legally binding agreement between the Parties for the warehouse and distribution of Supplier’s Products (which may include Products from Supplier’s Botanitech range of Products) as specified in the Product Order.

2) The Parties acknowledge that Supplier (or its affiliate) is a Sponsor of the Product.

3) Consignee will only supply Products to the ultimate consumer and only where it has obtained an approval under Special Access Scheme or Authorised Prescriber Scheme as available under the Therapeutic Goods Act 1989 (Cth) (Authorised Approval) and will provide Supplier monthly (within 5 days from the end of each month) or upon request by Supplier:

(a) a copy of each Authorised Approval;

(b) completed copy of the product distribution record (in the same or substantially

similar form to the template overleaf to the Product Order form); and

(c) records of the current stock (and location) of Products warehoused/stored by

Consignee.

4) All records and reports described above be emailed to: orders@botanitech.com.au

5) Supplier will issue Consignee an invoice setting out the amount payable by Consignee for that period in relation to the report. Unless otherwise agreed, the invoice is payable in full within five (5) Business Days from the date of the invoice.

6) If Consignee fails to make any payment to Supplier when due, Supplier may charge interest at the rate of 5% per annum above the cash rate set by the Reserve Bank of Australia, compounded daily and cancel or suspend any further orders of Products.

7) Risk in Products will pass to Consignee upon unloading of the consignment of Products at the loading dock area at Consignee’s delivery address.

8) Consignee covenants that it will only submit Product Orders in such quantities that it reasonably believes that it can distribute to patients in Australia in accordance with issued Authorised Approvals issued by the TGA and will ensure that Supplier (as Sponsor) has and will retain “direct control” of the Products as the requirement is understood under the Therapeutic Goods Act 1989 (Cth).

9) The full Terms and Conditions can be found in the completed “Consignment Account Application Form”, as updated or amended by Cann from time to time.