Terms and Conditions
The following general terms and conditions apply:
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General Terms and Conditions of the Royal Dutch Society for Veterinary Medicine
Article 1: Definitions
In these General Terms and Conditions the following definitions apply:
- General Terms and Conditions: all provisions from the General Terms and Conditions described below;
- KNMvD: the Royal Dutch Society for Veterinary Medicine, with its registered office in Utrecht;
- Veterinarian: the person who has obtained the status of Veterinarian under the Scientific Education Act (Stb 1985, 562), or who has been admitted to practice veterinary medicine under the Act on the Practice of Veterinary Medicine 1990, who is a member of the
Royal Dutch Society for Veterinary Medicine that provides veterinary treatments on behalf of the Client and/or, in that context, supplies and/or sells and/or administers medications 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) run using all (auxiliary) persons, including but not limited to veterinarians, laboratory assistants, etc., whether or not on the basis of an employment contract (t)(en), in any legal form and/or collaboration;
- Client: the owner of the Patient to be treated and/or the provider of the Patient on whose behalf the Veterinary Practice carries out the veterinary treatments and/or, in the context thereof, supplies and/or sells and/or administers medications and/or other veterinary medicine provides advice and veterinary services;
- Patient(s): the animal, animals or groups of animals offered for treatment by the Client and/or the animal, animals or groups of animals over and/or for the benefit of which medication is supplied and/or administered and/or other veterinary advice is given and veterinary services are performed;
- (Treatment) agreement: the agreement (of assignment) between the Veterinary Practice and the Client to provide veterinary treatments, supply and/or administer medications and/or provide advice and/or perform (veterinary) inspections ;
- Debtor: the person in whose name the Veterinary Practice invoice is issued.
- Consultation Hours: the Consultation Hours of the Veterinary Practice during which the Client can, by appointment or not, come into the Veterinary Practice within set times for veterinary procedures and/or examination determined by the Veterinary Practice;
Article 2: Applicability
2.1 These General Terms and Conditions apply to all (Treatment) agreements between the Veterinary Practice and the Client.
2.2 Additional and/or deviating terms and conditions of the Client do not bind the Veterinary Practice. Additional and/or deviating terms and conditions only apply between the parties if the Veterinary Practice has agreed to these additional and/or deviating terms and conditions in writing.
Article 3: Establishment of (Treatment) Agreement
3.1 All offers to conclude a (Treatment) Agreement are without obligation, unless otherwise agreed between the parties.
3.2 The (Treatment) agreement to be concluded between the Veterinary Practice and the Client is only legally valid from the moment the agreement has been confirmed in writing by the Veterinary Practice, or when the Veterinary Practice has started implementing the agreement and/or the medicines to be supplied. has supplied and/or administered.
3.3 If an offer to conclude a (Treatment) Agreement does not ultimately lead to a definitive agreement, the Veterinary Practice has the right at all times to charge all costs that the Veterinary Practice has had to incur in providing the offer to the Client. to take.
3.4 The Veterinary Practice has the right 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 is not at least has completely insufficient chance of success unless the Veterinary Practice is obliged to treat the Patient offered on the basis of legal and/or behavioral/disciplinary regulations.
Article 4: Contents of the (Treatment) Agreement
4.1 The (Treatment) Agreement concluded between the Veterinary Practice and the Client leads to a best efforts obligation on the part of the Veterinary Practice to provide veterinary treatment and/or advice and/or to supply and/or administer medication in the context thereof. The Veterinary Practice carries out these activities to the best of its ability and with the care that can be expected of him/her. The Veterinary Practice has the right to use third parties when executing the (Treatment) Agreement.
4.2 The treatment agreement may also consist of the sale, supply and/or administration of veterinary medicines by the Client and/or on behalf of third parties, including administration on behalf of government agencies (see also article 8.4).
4.3 The mere fact that the veterinarian 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 administrative obligations under the Veterinary Medicines Act.
Article 5: Early termination (Treatment) Agreement
5.1 The (Treatment) Agreement concluded between the Veterinary Practice and the Client is terminated prematurely by:
ï‚· the explicit request of the Client, whereby the Client will, if necessary, be informed by the Veterinary Practice of the possible consequences of this premature termination for the Patient and, if termination takes place against the advice of the Veterinarian and/or the Veterinary Practice, it will be be informed that this will take place at the risk of the Client and, if necessary, have the Client make a written statement about this;
ï‚· the death of the Patient to be treated;
ï‚· a unilateral decision by the Veterinary Practice, if the Veterinary Practice is of the opinion that he/she cannot reasonably be expected to continue the veterinary treatment because there is no longer a reasonable chance of an intended and/or desired result;
ï‚· a unilateral decision by the Veterinary Practice if the trust between the Veterinary Practice and the Client has been seriously disrupted.
5.2 If the (Treatment) Agreement is terminated prematurely at the unilateral request of the Veterinary Practice, the Veterinary Practice will, before doing so, inform the Client of this and explain its motivation to the Client unless this is not possible or not possible in time.
5.3 If the (Treatment) Agreement is terminated prematurely, the agreed fee will be charged to the Client in proportion to the work already carried out, unless the work is indivisible. This is at the discretion of the Veterinary Practice.
Article 6: Rates, fees and payment
6.1 The Veterinary Practice determines the rates and fees to be charged according to its own rates depending on time and circumstances. The calculated VAT is stated on the invoice.
6.2 Payment of the invoice from the Veterinary Practice can be made in cash, immediately after the procedure, unless otherwise agreed. For non-cash payments, a payment term of 14 days after the invoice date applies, in which case administration costs may be charged.
6.3 If more invoices are outstanding, non-integral payments will be deemed to serve to settle the first due one.
6.4 If payment is not made on time, the debtor will immediately be in default and the debtor will owe statutory interest on the principal sum or remainder of the claim.
6.5 The Debtor is not entitled to set off, for whatever reason, with regard to amounts charged by the Veterinary Practice for the work performed by the Veterinary Practice.
6.6 If the Debtor is in default and collection is initiated, the Debtor is, in addition to the amount owed and the interest accrued thereon, obliged to pay full compensation for both the extrajudicial and judicial collection costs. For consumers, the maximum extrajudicial collection costs, excluding VAT, are set at:
- 15% of the amount of the principal amount of the claim on the first € 2,500 of the claim
- 10% of the amount of the principal amount of the claim over the next € 2,500 of the claim
- 5% of the amount of the principal amount of the claim over the next €5,000 of the claim
- 1% of the amount of the principal amount of the claim on the remaining part of the claim.
The extrajudicial collection costs referred to above amount to a minimum of €40 (forty euros). 6.7 The Veterinary Practice has the right, where appropriate, to require a down payment from the Client prior to the performance of its work and not to commence its work until after the amount has been received by the Veterinary Practice, unless the Veterinary Practice is required by law to and/or conduct/disciplinary regulations are obliged to treat the patient presented immediately.
6.8 If the Client does not collect the Patient from the Veterinary Practice or does not collect it on time after completion of the veterinary treatment, the Veterinary Practice has the right to charge the Client for all associated additional costs, whereby payments will first go towards payment of the costs owed, then to pay the interest due and only then to pay the oldest outstanding invoice.
6.9 The Veterinary Practice applies a no-show policy: if the Client is not present at the time of the appointment as agreed, an amount equal to the consultation rate will be charged per animal. No rights can be derived from not receiving reminder emails, this is a service from Dierenkliniek IJburglaan. The appointment made at the counter, by telephone or online is binding, regardless of how long ago it was made. The client must ensure that the appointment is properly noted in their own agenda.
Appointments (with the exception of operations and procedures under anesthesia) can be canceled or rescheduled free of charge up to 6 hours in advance, by telephone or email. If the appointment is canceled or moved less than 6 hours in advance, costs will be charged, an amount at least equal to the consultation rate.
Operations and procedures under anesthesia must be canceled or rescheduled by telephone at least 24 hours in advance. If an operation or procedure under anesthesia is canceled or rescheduled less than 24 hours in advance, costs will be charged. Veterinary Clinic IJburglaan reserves the right to determine the amount of the costs, with a maximum of the costs that the customer would have paid for the operation or procedure.
Article 7: Complaints
7.1 The Client is obliged to immediately inspect the performance and/or medication to be supplied by the Veterinary Practice for immediately noticeable defects and/or imperfections. The Client must report complaints about the services provided to the Veterinary Practice (preferably in writing) within 30 days after the work has been terminated or after the defects and/or imperfection has become known to the Client, if this period is exceeded, any claim against the Veterinary Practice with regard to any defect and/or imperfection is cancelled.
7.2 If the Veterinary Practice considers the complaint about the performance provided to be well-founded, the Veterinary Practice has the right at all times to:
a. if that is still possible, to perform this performance correctly within a reasonable period or; b. to credit the amount owed by the Client;
this is at the discretion of the Veterinary Practice.
Article 8: Liability
General provision:
8.1 If the Veterinary Practice is liable in any way, this liability is at all times limited to the amount to which the Veterinary Practice's liability insurance provides entitlement to payment in a particular case. The policy conditions and policy sheets of this insurance are available for inspection at the Veterinary Practice, a copy of which will be provided free of charge upon the Client's first request. Compensation for indirect damage is at all times excluded, including but not limited to consequential damage, lost profits, lost savings and damage due to (business) stagnation and the like.
Exceptional provisions:
8.2 If there is a veterinary inspection, then, notwithstanding the previous paragraph of this article, the following provisions (also printed on the examination report) apply: 8.2.1. The examining Veterinarian and/or the Veterinary Practice is not liable for any damage - expressly including financial and consequential damage - caused by carrying out the inspection or by inaccuracies and incompleteness in the preparation of the examination report, unless it is established that this damage is attributable to intent or gross negligence on the part of the examining Veterinarian.
8.2.2. With regard to the liability mentioned under 8.2.1, only the client has a right of action against the examining Veterinarian and/or the Veterinary Practice; Anyone other than the client cannot derive any right to compensation from the research report.
8.2.3. Liability will at all times be limited to the amount to which the liability insurance provides entitlement to payment, if applicable. The policy documents for this insurance are available for inspection at the Veterinary Practice and a copy will be provided free of charge upon first request.
8.2.4. Articles 8.2.1 to 8.2.7 also apply if the client does not sign the investigation report and nevertheless accepts the investigation report.
8.2.5. If the client is not the owner of the animal, he guarantees that the owner has granted permission to carry out the veterinary examination and that Articles 8.2.1 to 8.2.7 can also be invoked against the owner.
8.2.6. If the client and/or third parties believe that the health condition of the horse at the time of the present inspection does not correspond to what is stated in the examination report, they must notify this within a reasonable time, under penalty of forfeiture of any right of action against the Veterinarian and/or the Veterinary Practice. to report this in writing to their other party (for example in the purchase agreement) and to sue them for compensation for damage, while simultaneously providing a copy of this report to the vet and the veterinary practice.
8.2.7 Disputes regarding the performance of the inspection and/or the completion of this investigation report are exclusively governed by Dutch law and only the Dutch court has jurisdiction to hear them.
8.3 The Veterinary Practice that provides information about the import of animals into the Netherlands and/or export of animals to countries outside the Netherlands and the applicable import and/or export regulations only provides undue assistance, whereby a successful import or export is in no way guaranteed and whereby the veterinarian and/or the Veterinary Practice, unless there is intent and/or gross negligence on the part of the veterinarian and/or the Veterinary Practice, is not liable for any damage and/or costs of any nature whatsoever related to the relevant (attempts) to) import or export of animals.
8.4 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 for damage resulting from the administration of veterinary medicines by the Client himself and with regard to the administration of veterinary medicines on behalf of third parties, including administration on behalf of government authorities, as well as injury and/or damage resulting from the administration of these substances, any side effects thereof and carelessness in the fulfillment of the applicable administrative obligations and associated evidentiary problems.
8.5 Concluding a (Treatment) Agreement and/or providing veterinary treatments and/or supplying and/or administering medications and/or providing veterinary advice and services in the context thereof does not affect the risk liability of Client and/or third parties for damage caused by the animal within the meaning of art. 6:179 BW .
Article 9: Ownership
9.1 The Veterinary Practice retains at all times ownership of copies, documents and other information carriers such as X-rays that relate to the Patient treated. The Veterinary Practice will keep these documents for 5 years. The Client can obtain copies of these information (carriers) and/or other documents upon request for a fee of the cost price.
Article 10: Special provisions
10.1 Entering stables/location of work If the treatment of the Patient gives reason to do so, the Veterinary Practice has the right to deny and/or deny access to anyone, including the Client if necessary, to the stables or another location where the treatment takes place. or other conditions that he considers necessary for the treatment. The Client is obliged to comply with this.
10.2 Scientific research The Veterinary Practice has the right to use (parts of) the Patient or substances derived from the Patient for statistical and/or scientific research, or to use them in a publication, unless the Client has expressed explicit and insurmountable objections to this. If necessary, the Veterinary Practice will notify the Client in advance of its intention to use the aforementioned data for research.
Article 11: Applicable law and dispute resolution
11.1 All (Treatment) agreements between the Veterinary Practice and the Client are exclusively governed by Dutch law.
11.2 If a dispute falls within the legal jurisdiction of the District Court, the court of the place where the Veterinary Practice is established has jurisdiction to hear the dispute, without prejudice to the authority of the Veterinary Practice to submit a dispute to the competent court according to the law. lay.