You warrant that all information provided by you on the Account Application Form is true and correct, that you will advise us immediately if any of that information changes, and that you are authorised to agree to these Terms of Trade on behalf of the Account Holder.
You further acknowledge that these Terms of Trade constitute a Security Agreement as defined by the Personal Property Securities Act 1999 (“PPSA”)
1. Vet Associates Accounts
Vet Associates Accounts are based on the time spent, the complexity of the treatment, the urgency of the treatment, any hospitalisation and procedures, and the costs of materials and medications employed in the treatment.
You agree to pay all accounts on the Due Date, following which you agree to pay interest on that part of the account which is unpaid at the Default Interest Rate from the Due Date until the date payment is made in full. Other action to recover unpaid Accounts may also be taken and the cost of such recovery may be added to the Account due by you (including legal costs on a solicitor-client basis).
We may ask you to pay a deposit before Treatment commences; the deposit is usually 50% of any Estimated Cost for Treatment. By accepting these Terms of Trade, you authorise us to draw on that money to pay for Goods and Services as they become due. The Account will include a credit for any such deposit paid.
4. Not a Quote
Unless specifically agreed by Vet Associates in writing, any estimate of costs for Treatment does not amount to a quotation, and the Account may exceed that estimate. By accepting these Terms of Trade, you acknowledge that unexpected Complications can arise and understand that such Complications may give rise to the need for further Goods and Services, the cost of which may exceed the Estimated costs of Treatment.
Goods and Services Tax will be added to all amounts estimated or invoiced.
6. Consent to Treatment
Wherever possible, Vet Associates will obtain your informed consent to Treatment, but you acknowledge that this may not always be possible; you therefore authorise Vet Associates to perform such diagnostic, anaesthetic, therapeutic, surgical and preventative procedures as it deems appropriate and understand that certain procedures (such as general anaesthesia, surgery, and manual restraint) involve some degree of risk and that unexpected Complications or death can result. Vet Associates reserves all rights to administer or not administer (as applicable) any Good, Service, Treatment or registered veterinary medicine (including repeat scripts).
7. Termination / Suspension of Services
If you refuse to accept delivery of Goods, fail to make any payment of an Account on the Due Date or are otherwise in breach of your obligations under these Terms of Trade, Vet Associates reserves the right to suspend or terminate Treatment by notice in writing. Any part of the Invoiced Amount then unpaid, together with any other monies owing hereunder, whether or not due, shall forthwith become due and payable without prejudice to any claim or right Vet Associates may otherwise possess.
In the event your Animal is insured you acknowledge it is your responsibility to understand the terms and conditions of your particular policy and to keep the insurer informed as required by the terms of the policy you have in place.
9. Security and Enforcement
Ownership of all Goods remains with us until payment is made in full. Any goods supplied are at your risk (including loss, damage, deterioration) from the time of delivery. You agree that we may register a financing statement in respect of the Goods and over your Animal under the PPSA and on demand you will execute all necessary documents and pay our costs of such registration (including legal costs). Where you cause the Goods to become Constituents of other goods or stock prior to payment, you agree that we will retain a Security Interest to the value of the Goods in the mixture that have been supplied but not paid for by you. In the event we need to take possession of the Goods or your Animal under the PPSA, you irrevocably authorise us or our representative the right to enter on any premises where the Goods or Animal is stored without notice and without any liability. You agree not to allow any person to file a Finance Statement over any of the Collateral secured by this Security Agreement without our prior written consent.
The following clauses of the PPSA do not apply to these Terms of Trade and any action taken thereunder. You waive your rights to receive a copy of the verification statement or financing statement relating to Vet Associates charge and:
Section 114(1)(a) to receive a Notice of Intention to Sell;
Section 116 to receive a Statement of Account;
Section 120(2) to receive notice of any proposal of ours to retain Collateral;
Section 121 to object to any of our proposals to retain Collateral;
Section125 to not have Goods damaged if we remove an Accession;
Section 129 to receive notice of the removal of an Accession;
Section 131 to apply to the Court for an order concerning the removal of an Accession;
Section 132 to redeem Collateral, if we have sold the Collateral, or if we are deemed to have taken any Collateral in satisfaction or partsatisfaction of your obligations; and
Sections 133 to reinstate the Security Agreement.
You further waive any right to receive a copy of a Verification Statement or a Financing Change Statement relating to our Security Interest and indemnify us for all costs associated with any enforcement of these Terms of Trade (including on a solicitor-client basis).
10. Disclosure of Information
You authorise us to disclose any information about you for the purpose of instructing other people including a debt collection agency to recover any outstanding Accounts and other costs from you.
11. Limitation of Liability
In the event of loss from Complications or death or otherwise you release Vet Associates from all liability and indemnify us from such loss to the maximum extent permissible by law. The conditions, warranties and guarantees set out in the Contract and Commercial Law Act 2017 or otherwise implied by statute or common law in so far as the law may allow will not apply and are excluded from these Terms of Trade.
If you have any concerns with any Goods or Services provided, please discuss these with the attending Vet Associates veterinarian, who will likely be able to resolve your concern straight away. If your concern is not resolved, please contact one of the Vet Associates directors, who will assist you to resolve the concern in a timely manner. In the unlikely event your concern is not resolved; you are able to raise it with the Veterinary Council NZ.
13. References to Headings
Headings are for convenience only and do not affect the interpretation of these Terms.
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.
Unless the context otherwise indicates, a reference to a party includes that party’s executors, administrators, successors and permitted assigns.
16. Gender, Singular and Plural
The singular includes the plural and vice versa and any gender includes any other gender.
17. Governing Law
These Terms of Trade shall be construed according to the law of New Zealand.
(a) Accounts: Invoices rendered by Vet Associates for Goods and Services together with such other amounts as are provided for under these Terms and Conditions.
(b) Animal: The animal described in the Account Application Form.
(c) Collateral: Personal property that is subject to a Security Interest (as defined in ss 16 and 17 of the PPSA) and shall include your Animal and all and any Goods supplied by Vet Associates and the process from the sale of all Goods.
(d) Complications: Includes but is not limited to unexpected complications of diagnostic, anaesthetic, therapeutic, surgical, or preventative procedures performed.
(e) Default Interest Rate: Our principal bankers commercial overdraft rate at the date of invoice plus a margin of 2% calculated on a daily basis from the due date for payment until the actual date of payment in full.
(f) Goods: Goods supplied to you as part of the Treatment also described on the invoices, estimates or any other forms provided (where the context permits includes all services provided to you including any advice or recommendation).
(g) In Patient Accounts: Hospital clients’ Accounts, where the Treatment is conducted at and / or the Patient attends, as an inpatient or otherwise, the Vet Associates premises for treatment.
(h) Routine Accounts: Regular field clients’ Accounts, where Treatment is not at the Vet Associates premises.
(i) Services: Treatment(s) (as applicable).
(j) The Due Date: Vet Associates requires payment as follows:
– Routine Accounts: payable no later than the 20th day of the month following the month in which the Goods or Services were provided / undertaken, except where agreed otherwise in writing.
– In Patient Accounts: A 50% deposit before Vet Associates commences Treatment, with the remaining 50% payable at the time of discharge from the care of Vet Associates.
(k) Treatment: Means the Treatment described in the Account Application Form in each case and includes Goods and Services provided by Vet Associates which are incidental to that Treatment.
(l) Vet Associates: Means Veterinary and Associates Equine and Farm Limited Directors, its staff and employees and any person contracted by Vet Associates to provide specialist services.
(m) You: Means the account holder described in the Account Application Form.