TERMS AND CONDITIONS
All Services and Goods are provided to you by EPRS (trading as Sports Med Vet) on these terms and conditions (“Terms”).
1. PAYMENT AND CREDIT LIMIT
1.1 The Customer shall pay for the Services and Goods in full in cleared funds upon completion of the provisions of the Services or Goods. EPRS may use any deposit to pay for the Services and Goods.
1.2 The Customer must pay for the Services and Goods without deduction, set off or claim.
1.3 Interest shall accrue on late payment at 15% per annum on amounts outstanding (compounding monthly).
1.4 EPRS may cease providing any Services or Goods to the Customer at any time for any reason.
1.5 The Customer shall reimburse EPRS for all costs (including without limitation, costs on a solicitor and client basis and debt collector commission) incurred by EPRS in recovering any amounts owed to EPRS by the Customer.
1.6 EPRS may disclose any information about the Customer in connection with recovering amounts due to EPRS.
1.7 Goods and Services Tax will be added to all amounts estimated or invoiced.
2. DELIVERY, RISK AND PERFORMANCE
2.1 Veterinary science has inherent risk. EPRS applies best practice but cannot guarantee any result or favourable outcome from the Services and Goods. The Customer acknowledges and accepts these risks. EPRS may require the Customer to sign a separate consent form for specific procedures prior to commencing the Services and/or providing Goods.
2.2 The Customer authorises EPRS to perform such diagnostic, anaesthetic, therapeutic, surgical and preventative procedures as it deems appropriate. The Customer understands that certain procedures (such as general anaesthesia, surgery, and restraint) involve some degree of risk and that unexpected Complications or death can result. EPRS reserves all rights to administer or not administer (as applicable) any Goods, Services or veterinary medicine (including repeat scripts).
2.3 Any estimate of the cost of Services or Goods is not a quotation, and the cost may exceed that estimate. The Customer acknowledges that Complications can arise, and understands that such Complications may give rise to the need for further Goods and Services, the costs of which may exceed the estimated costs. EPRS reserves the right to charge an additional amount for the Services and Goods if information supplied by the Customer was incorrect or other facts are discovered that are reasonably unforeseen.
2.4 The Customer shall provide full and accurate information to EPRS to ensure that EPRS can provide Services and Goods effectively. Without prejudice to clause 5, EPRS will have no liability to the Customer if the Customer has failed to disclose a material issue or fact prior to EPRS providing the Services or Goods.
2.5 All times quoted for delivery of Services and Goods are estimates only, and EPRS shall not be liable for any loss or damage direct or consequential arising from failure to deliver on the anticipated or estimated time for delivery.
2.6 The Customer shall not be relieved of any obligation to accept or pay for Services or Goods by reason of any delay in delivery or performance by EPRS or if the result of the Services or Goods is not what the Customer expected.
2.7 Subject to clause 4 below, risk in Goods passes when delivered to the Customer or applied/administered to the Animal (whether they have been paid for or not).
2.8 If the Customer’s animal is insured, it is the Customer’s responsibility to understand the insurance policy and to keep the insurer informed as required by the insurance policy.
3. INTELLECTUAL PROPERTY
All intellectual property (such as patentable inventions, non-patentable processes or know-how, data, design, copyright, trade marks and the like) held by EPRS prior to the Services or created by EPRS as a result of the provision of the Services or Goods shall belong to EPRS.
4. OWNERSHIP AND SECURITY
4.1 The Terms constitute a Security Agreement as defined by the Personal Property Securities Act 1999 (“PPSA”).
4.2 Ownership in the Goods and possession of the Animals do not pass to the Customer unless and until the Customer has paid EPRS in full for the Services and Goods. This clause is the granting of a security interest under s.36 of PPSA, and shall entitle EPRS to register a specific security interest under the PPSA to protect its title in the Goods, and possession of the Animals. Sections 114(1)(a),116, 120(2), 121, 125, 129, 131, 132 and 133 of PPSA do not apply.
4.3 The Customer waives its right to receive a verification statement for the purposes of s.148 of PPSA.
4.4 Where EPRS is required as part of the Services to provide a certificate or some other documentation confirming the result of the Services, EPRS shall be entitled to withhold such certificate or documentation until such time as payment in full of all amounts outstanding to EPRS have been paid. EPRS will not be liable to the Customer for any loss suffered by the Customer as a result of EPRS relying on this clause.
4.5 The Customer represents that it owns the Animal.
5. LIABILITY
5.1 EPRS shall not be liable (whether in contract, tort, including negligence, or otherwise) to the Customer for any loss or damage (including but not limited to direct, indirect or consequential loss or damage) arising from provision of the Services or Goods. For the purposes of this clause “indirect or consequential loss or damage” includes loss or reduction of business or profits.
5.2 Without prejudice to Clause 5.1, the total aggregate liability (whether in contract, tort, including negligence, or otherwise) of EPRS for any breach of or other matter arising in relation to the Contract shall not exceed the Contract Price.
5.3 If the Services or Goods of a kind ordinarily acquired for personal, domestic, household use or consumption, and the Customer is acquiring them for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 shall not apply to them or the Terms.
5.4 The conditions and warranties implied by the Contract and Commercial Law Act 2017, by common law or otherwise are expressly excluded.
6. INDEMNITY
The Customer indemnifies EPRS and shall keep EPRS fully and effectively indemnified against all losses, claims, damages, costs (including costs on a lawyer to client basis), charges, expenses, liabilities, demands, proceedings, and actions which EPRS may sustain or incur or which may be brought or established against it by any person and in any case which arise out of or in relation to the provision by EPRS of the Services or Goods, or by reason of any breach by the Customer of any of its obligations under the Terms or any other act or omission of the Customer whether or not by reason of any act, regulation, common law rule, or in equity or otherwise and whether for damages or for other relief.
7. CANCELLATION OF REQUEST
A request by the Customer to provide Services or Goods accepted by EPRS shall not be cancelled by the Customer except by agreement in writing upon terms agreed between EPRS and the Customer, including cancellation charges which may be deducted from any deposit made.
8. GENERAL
8.1 The benefit of the Contract may not be assigned by the Customer.
8.2 The Contract shall be deemed to have been entered into in New Zealand and shall be governed by the laws of New Zealand. EPRS and the Customer submit to the exclusive jurisdiction of the courts of New Zealand.
8.3 Any waiver by EPRS of any rights arising from the Contract shall not be construed as a continuing waiver or a waiver of other breaches of the same or other terms of the Contract by Customer. No delay or forbearance by EPRS shall be construed as a waiver of EPRS’s rights.
8.4 The Contract sets out the entire agreement and understanding between the parties relating to the subject matter and supersedes all previous arrangements, whether written, oral, or both, relating to such matter. EPRS may make modifications or amendments to the Contract terms and conditions by posting a copy of the amendments to the Customer. Any request for Services after the amendments have been disclosed will be undertaken on the amended terms.
8.5 If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision must, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and must not in any way affect any other circumstances of or the validity or enforcement of these Terms.
9. DEFINITIONS
9.1 “Animal” means the animal in possession of EPRS in respect of the provision of the Services or Goods.
9.2 “Complications” includes (without limitation) unexpected complications of diagnostic, anaesthetic, therapeutic, surgical, or preventative procedures performed.
9.3 “Contract” means the contract formed as a result of EPRS providing the Services or Goods to the Customer.
9.4 “Customer” means the person to whom the Services or Goods are provided.
9.5 “Contract Price” means the price charged by EPRS for the Services and Goods.
9.6 “EPRS” means ‘Equine Performance and Rehab Specialists Limited’, trading as ‘Sports Med Vet’ (company number 925760501).
9.7 “Goods” means any goods, medical supplies, medicine or other stock provided by EPRS.
9.8 “Services” means the equine veterinary services and other services to be provided by EPRS to the Customer including any advice or recommendation.