Terms and Conditions
AKV means AucklandVets Limited and includes any successors or assigns.
Services includes all examinations, procedures, treatments, recommendations, advice, opinions, reports for purchase or sale, interpretations of investigative actions or other attendances for the Customer.
Goods includes all consumables, drugs, or other merchandise supplied by AKV.
Customer means the client on whose behalf the Services or Goods are requested. Where the Customer does not already have an account with AKV, the Customer shall include the person who has requested the Services of Goods on behalf of another person and they shall be jointly and severally liable. Where the Customer is a named Trust, the Trustees are the Customer and are jointly and severally liable to AKV.
1. Agreement:
All Services and Goods provided by AKV shall be provided to the Customer on the basis of these terms and conditions. There shall be no waiver of or variation to these terms and conditions unless separately agreed in writing. Any request by a Customer for Goods or Services after receipt of a statement including or referencing these terms and conditions shall constitute express acceptance. If the Customer already has an account, from the date of the first request of goods or services these terms and conditions shall replace any prior terms and conditions. AKV may update these terms from time to time by notice with invoicing.
2. Invoicing:
AKV will issue accounts for Services and Goods supplied. Unless otherwise prior agreed, the prices charged shall be the standard AKV prices or any special-order pricing required with payment due 7 days after the date of the invoice. Unless specifically agreed in writing as a quotation, any indications of the cost of Services (including costs for treatments or procedures) shall be an estimate only. Whilst AKV will use experience and judgment in providing any cost estimates, especially any surgical or treatment procedures, the Customer accepts that uncertainty exists and costs can exceed any estimates. AKV will endeavour to promptly keep the Customer informed of any ongoing costs.
3. Payment:
The Customer shall pay accounts in full on due date without any deduction, set-off or cross-demand of any kind. Failure to pay any invoice by due date shall result in loss of any given discount. That lost discount will be billed and paid in the next month.
4. Queries:
If the Customer has any query or dispute with any invoice of part thereof, it shall raise that with AKV within, strictly, 7 days of receipt of the invoice. Failure to raise any such query or dispute will entitle AKV to reject the query or dispute and full payment must be made.
5. Interim payment:
In the event that an account or part of an account is disputed, the Customer shall be obliged to pay the undisputed amount and enter into the dispute process below. If the Customer breaches this obligation, AKV is entitled to suspend the provision of Services or Goods until the Customer remedies the breach.
6. Default:
In the event of default in the payment of the account, AKV shall be entitled to recover, along with the outstanding debt, all actual legal costs and any other costs (including commissions) reasonably incurred in recovering the outstanding amount. Interest shall be paid on any overdue sum at the rate of 15% per annum calculated daily. Interest shall not compound.
7. Exclusion of Liability:
AKV agrees to exercise reasonable skill and care with performing the Services. However, AKV shall not be liable, nor responsible in any manner to the animal owner, buyer, seller or other party whether in tort (including negligence), contract, breach of statutory duty, equity or otherwise for any loss, damage or harm and such liability if any is excluded to the fullest extent permitted by law. All warranties or guarantees implied by law are excluded. Where the Goods and Services supplied are for the Customer’s business purposes, the Consumer Guarantees Act 1993 shall not apply.
8. At risk:
If AKV is provided custody of an animal for treatment, that custody shall be entirely at the Customer or owner’s risk. AKV will not provide any insurance cover relating to the animal.
9. Waiver and Liability Cap:
If notwithstanding the foregoing clauses, AKV does have a liability, any claim whatsoever must be made in writing to AKV with supporting details, strictly within 6 months of the acts or omissions which are said to give rise to a breach/liability. Failure to make such a claim, time being of the essence, shall mean the claim is waived. In any event, AKV’s liability, if any, shall be limited to direct losses only and will be limited to and not exceed $5,000 inclusive of GST if any.
10. Health and Safety:
AKV takes particular concern for the safety of its employees. The Customer, including any agents or employees, shall ensure that its premises and procedures comply with the Health and Safety at Work Act 2015 (or any successor). AKV reserves the right to refuse treatment and/or take such safety measures the attending veterinarian considers necessary to ensure the safety of AKV staff in particular.
11. Employees and agents:
The provisions of clause 7 to 12 hereof apply to and for the benefit of any employee, agent, or consulting vet employed or engaged by AKV.
Disputes:
Any disputes are required to be discussed and negotiated in good faith to try and reach a resolution within 10 days. If the parties fail to reach a resolution, any dispute must be submitted in the first instance to mediation. If the parties do not agree within 7 days to a mediator, one shall be appointment by the president of AMINZ.
