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De Dierenkliniek > Terms and conditions

Terms and conditions

General Terms and Conditions KNMvD, version 2018, filed with the Central Netherlands District Court under number 22/2008

Article 1: Definitions.

In these General Terms and Conditions, the following definitions shall apply:

Treatment Agreement: the agreement (of assignment) between the Veterinary Practice and the Client to perform veterinary treatment, supply and/or administer medication and/or give advice and/or perform (veterinary) examinations.
Client: the owner and/or provider of the Patient on whose behalf the Veterinary Practice executes the Treatment Agreement.
Debtor: the person in whose name the invoice of the Veterinary Practice is made out.
Veterinarian: the person who, pursuant to (currently) the Animals Act, is authorised to practise veterinary medicine and is registered in the appropriate register, who is a member of the Royal Dutch Veterinary Association and who, on the instructions of the Client, performs veterinary (treatment) acts.
veterinary (treatment) acts and/or, in connection therewith, supplies and/or sells and/or administers medication and/or provides other veterinary advice and services.
Veterinary Practice: the Veterinarian(s) as defined above as well as the practice that the Veterinarian(s) conduct(s) with the use of all (auxiliary) persons, including but not limited to veterinarians, assistants, laboratory assistants, etc., whether or not on the basis of an employment contract, in any legal form and/or cooperation whatsoever.
Patient: the animal, animals or groups of animals offered for treatment by the Client and/or the animal, animals or groups of animals about which and/or for whose benefit medication is supplied and/or administered and/or other veterinary advice is given and veterinary services are performed.

Article 2: Applicability

2.1 These General Terms and Conditions shall apply to all offers and agreements, including Treatment Agreements, between the Veterinary Practice and the Client whereby the Veterinary Practice provides goods and/or services of any nature and under any name whatsoever to the Client, insofar as they are not expressly deviated from in writing.
2.2 Any general terms and conditions used by the Client are not applicable and are expressly rejected by the Veterinary Practice. General Terms and Conditions KNMvD, version 2018, page 2 of 8
2.3 Additional and/or deviating conditions shall only apply between the parties if the Veterinary Practice has expressly agreed to these additional and/or deviating conditions in writing.

Article 3: Formation of agreement

3.1 All offers and other expressions of the Veterinary Practice to conclude an agreement are without obligation, unless otherwise indicated in writing by the Veterinary Practice.
3.2 The agreement to be concluded between the Veterinary Practitioner and the Client shall only be validly concluded from the moment when the agreement has been confirmed in writing by the Veterinary Practitioner, or when the Veterinary Practitioner has commenced performance of the agreement and/or has delivered and/or administered the medication to be supplied.
3.3 If an offer to conclude an agreement ultimately does not lead to a final agreement, the Veterinary Practice shall at all times be entitled to charge all costs incurred by the Veterinary Practice in making the offer to the Client.
3.4 The Veterinary Practice is entitled to refuse to conclude a Treatment Agreement, with regard to a Patient presented to it for treatment, and/or to accept it only under certain conditions, if the Veterinary Practice is of the opinion that treatment of the Patient has no, or completely insufficient, chance of success, unless the Veterinary Practice is obliged under legal
and/or behavioral/disciplinary regulations, the Veterinary Practice is obliged to treat the Patient offered.

Article 4: Content of Agreement.

4.1 The Treatment Agreement concluded between the Veterinary Practice and the Client is not an obligation of result and only leads to an obligation of effort on the part of the Veterinary Practice to provide veterinary treatment and/or advice and/or medication to be supplied and/or administered in the context thereof.
4.2 The Veterinary Practice shall perform the activities referred to in the preceding paragraph to the best of its ability and with the care that may be expected of it.
4.3 The Veterinary Practice is entitled to make use of third parties in performing the Treatment Agreement.
4.4 The Treatment Agreement may also consist of the supply of veterinary medicines and/or the administration of veterinary medicines, to the extent permitted by law and with due observance of the provisions of Article 4.5 below, by the Client himself, whether or not in
General Terms and Conditions KNMvD, version 2018, page 3 of 8 commissioned by third parties, including administration by order of government agencies. In the event that this is the case, the provisions of Article 8.8 shall also apply.
4.5 The mere fact that the Veterinary Practice is involved in the sale, supply and/or administration of veterinary medicines and/or provides assistance in this regard does not release the Client and/or third parties from the obligations imposed on the Client and/or the third party in question with respect to the Patient by virtue of the laws and regulations in force in the field of veterinary medicine.
under laws and regulations relating to the administration and dispensing of veterinary medicines, including administrative obligations.

Article 5: Interim termination of agreement

5.1 The Treatment Agreement is terminated prematurely by:

5.2 If the Treatment Agreement is terminated prematurely at the unilateral request of the Veterinary Practice, the Veterinary Practice shall, before doing so, inform the Client thereof and explain its reasons to the Client unless this is not possible or not possible in time.
5.3 If an agreement is terminated prematurely, the costs incurred and the agreed fee shall be charged to the Client in proportion to the work already performed, unless the work is indivisible, at the discretion of the Veterinary Practice.

Article 6: Rates, fees and payment

6.1 The Veterinary Practice shall determine the rates and fees to be charged according to its own rates according to time and circumstances. The invoice shall state the VAT charged.
6.2 Payment of the Veterinary Practice’s bill may be made in cash, immediately after the operation, unless otherwise agreed.
6.3 The Veterinary Practice is entitled, where appropriate, to require a deposit from the Client prior to carrying out its activities and not to commence its activities until after the amount has been received by the Veterinary Practice, unless the Veterinary Practice is obliged under legal and/or behavioural/ disciplinary regulations to treat the Patient offered immediately.
treatment.
6.4 Non-cash payments are subject to a payment term of 14 days from invoice date in which case administration fees may be charged.
6.5 If several invoices are outstanding, non-cash payments thereof shall be deemed to extend to payment of the oldest invoice.
6.6 In the event of non-timely payment, the Debtor will immediately and by operation of law be in default by the mere expiry of the payment term, and the Debtor will owe statutory interest on the principal amount or the remainder of the outstanding debt.
6.7 The Debtor shall not be entitled to suspend any (payment) obligation to the Veterinary Practice, nor shall the Debtor be entitled to apply set-off, for whatever reason, in respect of amounts charged and/or to be charged by the Veterinary Practice.
6.8 If the Debtor is in default and collection action is taken, the Debtor shall be liable to pay both extrajudicial and judicial collection costs, in addition to the amount owed and the interest thereon.
6.9 The Veterinary Practice shall be entitled, if the Client fails to collect the Patient from the Veterinary Practice upon completion of the veterinary treatment or fails to collect the Patient in a timely manner, to charge the Client for all associated additional costs.
6.10 Payments made by the Debtor shall extend first to payment of costs due, then to payment of interest accrued, and only then to payment of the oldest outstanding invoice.

Article 7: Complaints

7.1 The Client is obliged to promptly inspect the performance to be performed and/or goods to be delivered by the Veterinary Practice, including medications, for immediately detectable defects and/or imperfections. General Terms and Conditions KNMvD, version 2018, page 5 of 8
7.2 If The Veterinary Practice uses the KNMvD Complaint Regulations adopted by the KNMvD, the Client may make use of them. If it is not stated on The Veterinary Practice’s website that it applies the KNMvD Complaints Regulations, then
In principle, the Complaint Regulations do not apply. At the first request of the Client, the Veterinary Practice will make it known whether it nevertheless applies or wishes to apply the KNMvD Complaint Regulations.
7.3 Without prejudice to the provisions of any applicable KNMvD Complaints Regulations, the Client must notify the Veterinary Practice (preferably in writing) of any complaints about the services provided within 30 days after the work has been completed or after the defects and/or deficiencies have become known to the Client. If this 30-day period is exceeded, any claim against the Veterinary Practice in respect of any defect and/or imperfection shall lapse.
7.4 If the Veterinary Practitioner finds the complaint about the performance performed well-founded, the Veterinary Practitioner shall at all times be entitled to:
a. if still possible, to still perform this performance correctly within a reasonable period of time or;
b. credit the amount owed by the Client; this at the discretion of the Veterinary Practice.

Article 8: Liability.

General

8.1 If the Veterinary Practice and/or the Veterinarian shall/will be liable to the Client in any way then this liability shall at all times be limited to the amount paid out in the case in question by the liability insurance of the Veterinary Practice and/or the Veterinarian.
8.2 Liability for indirect damage is at all times excluded, including in any case but not exclusively consequential damage, loss of profit, missed savings and damage due to (business) stagnation and the like.
8.3 The performance of the agreement shall be exclusively for the benefit of the Client. Third parties cannot derive any rights from this agreement and its execution.
8.4 Outside the cases mentioned in this article, any liability is excluded.
8.5 The Client indemnifies the Veterinary Practice against all claims of third parties that may result, directly or indirectly, from the execution of the agreement.

Special provisions

8.6 If pursuant to the Treatment Agreement a veterinary examination is carried out, the following provisions shall apply in so far as they differ from the provisions in the preceding paragraphs of this article:
8.6.1 The inspecting Veterinarian and/or the Veterinary Practice shall not be liable for any damage – expressly including pecuniary and consequential damage –
caused by the performance of the examination or by inaccuracies and incompleteness in the drawing up of the examination report unless it has been established that this damage is due to intent or gross negligence on the part of the examining Veterinarian.
8.6.2 With respect to the liability mentioned under 8.6.1, only the Client is entitled – within the framework mentioned there – to a right of action vis-à-vis the examining Veterinarian and/or the Veterinarian.
Veterinarian and/or the Veterinary Practice; others than the Client cannot derive any right to compensation from the examination report.
8.6.3 The liability of the Veterinary Practice and the Veterinarian shall at all times be limited to the amount paid out in the case in question by the liability insurance of the Veterinarian and/or the Veterinary Practice
8.6.4 If the Client and/or third parties are of the opinion that the state of health of the Patient at the time of the examination in question does not correspond to what is stated in the examination report, they must, on pain of forfeiting any right of claim vis-à-vis the Veterinarian and/or the Veterinary Practitioner, report this in writing to their opposite party (in the purchase agreement, for instance) within a reasonable period of time and hold them liable for compensation, at the same time providing a copy of this report to the examining Veterinarian and the Veterinary Practitioner.
8.6.5 Disputes concerning the performance of the examination and/or the completion of the examination report shall be governed exclusively by Dutch law and the Dutch court shall have exclusive jurisdiction to hear them.
8.6.6 If the Client is not the owner of the animal, the Client warrants that the owner has given permission for the veterinary examination to be performed and that Articles 8.6.1 to 8.6.5 can also be invoked against the owner.
8.6.7 Articles 8.6.1 to 8.6.6 shall also apply if the Client does not sign the examination report.
8.7 If the services of the Veterinary Practice requested by the Client relate to the import or export of animals, including but not limited to the issuing of
(health) certificates, the liability of the Veterinary Practice is excluded. The Client indemnifies the Veterinary Practice in this context against claims by third parties on any account whatsoever. General Terms and Conditions KNMvD, version 2018, page 7 of 8

8.8 The exclusion of liability referred to in Article 8.7 shall not apply in the case of intentional misconduct and/or gross negligence, which will in any case also be the case when the Veterinary Practice and/or the Veterinarian knowingly cooperate in illegal trade.
8.8 Without prejudice to the provisions of the preceding paragraphs of this article, unless there is intent and/or gross negligence on the part of the Veterinarian and/or the Veterinary Practice, the Veterinary Practice excludes any liability:

8.9 The conclusion of an agreement and/or the performance of veterinary treatments and/or the supply and/or administration of medicines and/or the provision of veterinary advice and services in the context thereof, does not affect in any way the strict liability of the Client and/or third parties for damage caused by the animal within the meaning of Article 6:179 of the Dutch Civil Code.

Article 9: Ownership and data

9.1 The Veterinary Practice shall at all times retain ownership of transcripts, records and other data carriers such as, for example, X-rays relating to the Patient and the performance of the agreement.
9.2 The Veterinary Practice will keep these records for 5 years. The Client may obtain copies of these information (carriers) and/or other records upon request for a fee at cost price.
9.3 For the execution of the agreement, the Veterinary Practice shall make use of the (personal) data which the Client provides to the Veterinary Practice. In processing the Client’s personal data, the Veterinary Practice will comply with the applicable laws and regulations in the field of Privacy.

Article 10: Special provisions

Entry to stables/location activities

10.1 If the treatment of the Patient so warrants, the Veterinary Practice shall have the right to deny access to the stables or any other location where the treatment takes place to any person, including the Client if necessary, and/or to give such other conditions as it deems necessary for the treatment. The Client is obliged to comply with this.

Scientific research

10.2 The Veterinary Practice is entitled to use (parts of ) the Patient or substances derived from the Patient for statistical and/or scientific research, or to incorporate them in a publication, unless the Client has made explicit and insurmountable objections to this. If necessary and if possible, the Veterinary Practice will notify the Client in advance of the intention to use said data for research.

Article 11: Applicable law and dispute resolution.

11.1 The agreement and all agreements which may arise therefrom between the Veterinary Practice and the Client shall be governed exclusively by Dutch law.
11.2 The District Court in the district where the Veterinary Practice is established has exclusive jurisdiction to take cognizance of disputes between the parties, without prejudice to the authority of the Veterinary Practice to submit a dispute to the court with jurisdiction under the law.

General Terms and Conditions KNMvD, version 2018