Consultation Terms and Conditions
1. This agreement
To make these terms and conditions easier to read, Kuwakeep Veterinary Services Pty Ltd trading as Nepean Mobile Vet (ABN 86 605 081 481) (NMV) have used terms that have specific definitions. Those terms appear in these terms and conditions with a capital letter as their first letter and when they are used they have the meaning set out at the end of these terms and conditions.
1.2 Establishment of agreement
(1) These terms and conditions apply where you contact NMV for a consultation for your pet/animal.
(2) Thank you for choosing to use NMV as your preferred veterinary goods and services provider.
(3) These terms and conditions are the conditions under which NMV will provide it consultant services to you.
(4) Please read these terms and conditions carefully, because by engaging NMV to provide the Goods & Services:
(a) you are confirming that you have not only read these terms and conditions but that you agree to be bound by them; and
(b) you agree that a legally binding agreement is formed between you and NMV.
(5) In the event that you do not agree to these terms and conditions or anything contained within them, NMV has the right to not provide you with the Goods & Services.
(1) In you use of the Goods & Services, you will be required to provide NMV with your personal details.
2. Limitations to services
Please note that NMV does not provide an emergency service for your pet. If you are in need of emergency assistance, you should take your pet to the nearest emergency veterinary practice.
(1) The Quote, if any, provided to you represents an estimate of fees for the supply of the Goods & Services by NMV.
(2) Depending on the extent of the Goods & Services undertaken, NMV’s estimate under the Quote may be subject to change. NMV will inform you as soon as possible if there is a variation to the Goods & Services Fee being provided.
4. Your obligations in the provision of the Goods & Services
To assist NMV in providing the Goods & Services, you must:
(1) comply with any reasonable directions given by NMV in connection with the Goods & Services; and
(2) provide NMV with full, free and safe access to your nominated premises to allow NMV to provide the Goods & Services.
5. Price and payment
5.1 Services Fee
In consideration of NMV providing the Goods & Services, you must pay to NMV the Services Fee.
5.2 Payment terms
(1) The Services Fee must be paid to NMV:
(a) immediately after the provision of the Goods & Services by NMV (at NMV’s discretion). Please note that an exact cost for goods/medication may not be provided until such time NMV undertakes a physical examination of the animal;
(b) if after the provision of the Goods & Services (with the prior agreement of NMV) by the time specified on an invoice issued by NMV or if no time is specified, within seven (7) days of the date of an invoice issued by NMV;
(c) in cash, by electronic funds transfer or any other payment method utilised or allowed by NMV from time to time; and
(d) without set-off, counterclaim or deduction.
(2) If you do not pay any amount due under these terms and conditions by the due date for payment, then NMV reserves the right to charge:
(a) a late payment fee of $25.00; and
(b) interest on the overdue amount at the rate of fifteen percent (15%) per annum from the due date for payment; and
(c) any other fees, costs, expenses or charges incurred by NMV as a result of that non-payment.
Unless otherwise expressly stated, any amounts payable by you under these terms and conditions are exclusive of GST and any other taxes and levies. You must pay GST and any other applicable taxes in addition to the amount of the Goods & Services Fee.
6. Cancellation or re-scheduling
6.1 Cancellation/Re-schedule by NMV
(1) NMV reserves the right to cancel the Goods & Services at any time and at its absolute discretion.
(2) If NMV cannot provide the Goods & Services, it will:
(a) use its best endeavours to provide you with as much notice as possible; and
(b) will either:
(i) refund the Goods & Services Fee (or any part of it) that you have paid prior to the provision of the Goods & Services; or
(ii) reschedule the Goods & Services.
6.2 Cancellation/Re-schedule by you
If you wish to re-schedule the Goods & Services and:
(1) you provide NMV with at least twenty-four (24) hours prior notice, NMV will arrange for the Goods & Services to be re-booked at an alternative time at no cost; or
(2) you do not provide NMV with at least twenty-four (24) hours prior notice you will be required to pay the Goods & Services Fee in full.
7. Liability and risk
7.1 Subject to the law
Nothing in these terms and conditions will be construed to exclude, restrict or modify any non-excludable condition, warranty, guarantee, right or liability applicable to these terms and conditions by law, including under the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth), where to do so would be illegal or render any provision of these terms void or unenforceable.
You acknowledge and agree that the Goods & Services may involve known, anticipated and unknown risks that may result in injury, illness or death to your animal. You therefore acknowledge and understand the nature and extent of the Goods & Services and the risks to which you are exposing your animal.
7.3 Liability and indemnification
(1) You agree that you are liable for and indemnify NMV in respect of any:
(a) damage, loss, cost or expense (whether direct or indirect);
(b) illness, injury or death (including to an animal);
(c) any breach or alleged breach of any of your representations, warranties or obligations contained in these terms and conditions; and
(d) other Claim brought against NMV by a third party,
that is caused by you as a consequence of NMV providing the Goods & Services.
(2) To the full extent permitted by law, you agree to release and discharge NMV (and its employees and agents) from all liability (of any kind), damage, loss, cost or expense arising out of or relating to your use of the Goods & Services, except to the extent that the damage, loss, cost or expense arises as a result of the reckless or negligent acts or omissions of NMV.
7.4 Limited liability
To the extent permitted by law and notwithstanding any other term of this document, NMV’s liability under this document is limited, at NMV’s discretion, to:
(1) resupply of the Goods & Services; or
(2) refund to you of any payment made by you with respect to the Goods & Services within the fourteen (14) days preceding the relevant Claim.
7.5 No liability for consequential losses
To the full extent permitted by law, NMV will not be liable in any event for any indirect or consequential losses (including but not limited to any loss or damage arising from a breach of contract or agreement, tort, or any other basis in law or equity including, but without limitation to, loss of profits, loss of revenue, loss of production, loss or denial of opportunity, loss of goodwill, indirect or remote or unforeseeable loss, loss of reputation, future reputation or publicity, or any similar loss which was not contemplated by the parties) whether or not NMV had knowledge that such losses might be incurred.
(1) The following events constitute a Default:
(a) You fail to pay any amount to NMV by the due date for payment.
(b) You become bankrupt or are put into liquidation or any other insolvency event affects you.
(c) You breach any other term of this document.
(2) If a Default occurs, then NMV may:
(a) suspend or cease providing the Goods & Services to you;
(b) require payment before the delivery of the Goods & Services;
(c) sue you for breach of contract; and/or
(d) exercise any other right NMV may possess at law.
9. General provisions
9.1 Force Majeure
(1) NMV will not be liable for any delay or non-compliance with any of its obligations to you for any Force Majeure events arising out of circumstances beyond NMV’s reasonable control.
(2) During Force Majeure events, NMV’s obligations are suspended for the period that the Force Majeure events remain in effect.
9.2 Amendment to terms
(1) It may become necessary for NMV to change the terms of these terms and conditions from time to time. If so, NMV will publish notices of changes on the Site and will date those changes.
(2) Your use of the Goods & Services after the date the notices of changes are published on the Site will be deemed to constitute your acceptance of those changes.
9.3 General provisions
(1) These terms and conditions constitute the entire agreement between you and NMV with respect to the Goods & Services and supersede all prior agreements between you and NMV.
(2) Failure on NMV’s part to enforce any provision of these terms and conditions is not to be construed as a waiver of any provision or right.
(3) These terms and conditions are governed by the laws of New South Wales, Australia and you submit to the exclusive jurisdiction of its courts.
(4) If any provision of these terms and conditions is deemed unlawful, void or for any reason unenforceable, then that provision is considered severed and will not affect the validity and enforceability of any remaining provisions.
(5) The termination of these terms and conditions will not affect the rights of each party against the other in respect of anything done or omitted under these terms and conditions prior to that termination.
(6) NMV may assign or novate its rights under these terms and conditions at any time without your consent. You cannot assign or novate your rights and obligations under these terms and conditions without NMV’s consent.
10. Definitions section
against any person any allegation, action, demand, cause of action, suit, proceeding, judgement, debt, damage, loss, cost, expense or liability howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at law, in equity, under statute or otherwise.
means any event outside the reasonable control of NMV including, without limitation, any of the following events: anything outside the reasonable control of a party including but not limited to enactment of legislation, acts of god, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war, terrorism, rebellion, insurrection, sabotage, epidemic, quarantine restriction, strikes, transportation embargo and failure of or delay in transportation.
Goods & Services
(1) all large and small animal veterinary services provided by NMV to you in accordance with these terms and conditions, including but not limited to, consultations, vaccinations, health checks and management and microchipping; and
(2) all other medication, goods and products supplied by NMV or used in conjunction with the services provided by it.
means the quote (if any) rendered to you with respect to the provision of the Goods & Services prior to the date of issue of an invoice from NMV.
the fees charged by NMV with respect to the provision of the Goods & Services from time to time.