Terms & Conditions

from: Dierenartsenpraktijk Zelhem B.V.

(registered in the trade register of the Chamber of Commerce under number 09162181). Filed at the registry of the District Court of Gelderland under number 14/2015.

Article 1: Definitions

In these General Terms and Conditions the following terms shall have the following meanings: 

  • General Terms and Conditions: all provisions of the General Terms and Conditions described below;
  • Veterinarian: the person who, pursuant to the Scientific Education Act (Bulletin of Acts and Decrees 1985, 562), has been granted the status of Veterinarian, or has been admitted to the practice of veterinary medicine pursuant to the Exercise of Veterinary Medicine Act 1990, who is a member of the Royal Dutch Society for Veterinary Medicine and who carries out veterinary treatments and/or, in the context thereof, supplies and/or sells and/or administers medicines, food supplements or other goods (hereinafter: goods) 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) conducts with the use of all (auxiliary) persons, including, but not limited to, Veterinarians, laboratory assistants, etc., whether or not on the basis of an employment contract, in any legal form and/or cooperation whatsoever;
  • Client: the owner of the Patient to be treated and/or the provider of the Patient on whose instructions the Veterinary Practice carries out the veterinary treatments and/or, in the context thereof, supplies and/or sells and/or administers goods and/or gives other veterinary advice and provides 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 about which and/or for the benefit of which goods are supplied and/or administered and/or other veterinary advice is given and veterinary services are provided; 
  • (Treatment) agreement: the agreement (of instruction) between the Veterinary Practice and the Client for the performance of veterinary treatments, the delivery and/or administration of goods and/or the giving of advice and/or the performance of (veterinary) examinations; 
  • Debtor: the person in whose name the invoice of the Veterinary Practice is drawn up; 
  • Consultation Hour: the Consultation Hour of the Veterinary Practice at which the Client, whether or not by appointment, can enter the Veterinary Practice within set times for veterinary treatments and/or examinations laid down for that purpose 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 conditions of the Client do not bind the Veterinary Practice. Additional and/or deviating conditions shall only apply between parties if the Veterinary Practice has agreed to these additional and/or deviating conditions in writing. 

Article 3: Conclusion 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 entered into between the Veterinary Practice and the Client shall only be legally valid from the moment that the agreement has been confirmed in writing by the Veterinary Practice, or when the Veterinary Practice has started with the execution of the agreement and/or has delivered and/or administered the goods to be delivered. 

3.3 The Veterinary Practice shall at all times be entitled, if an offer to enter into a (Treatment) agreement does not ultimately lead to a final agreement, to charge all costs incurred by the Veterinary Practice in providing the offer to the Client.

3.4 The Veterinary Practice has the right to refuse to enter into a (Treatment) agreement with regard to a Patient offered for treatment and/or to only accept under certain conditions, if the Veterinary Practice is of the opinion that treatment of the Patient does not have at least a completely insufficient chance of success, unless the Veterinary Practice is obliged to treat the offered Patient on the basis of legal and/or behavioral/ disciplinary regulations. 

3.5 The stated delivery times and other periods stated for the services to be provided by the Veterinary Practice are approximate, indicative and merely informative. Exceeding them does not give the Client any claim or dissolution. An agreed delivery time is never a deadline, unless explicitly agreed otherwise.

Article 4: Content (Treatment) Agreement  

4.1 The (Treatment) agreement entered into 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 deliver and/or administer goods within the framework thereof. De Dierenartsenpraktijk carries out these activities to the best of its ability and with the care that may be expected of it. De Dierenartsenpraktijk has the right to make use of third parties in the execution of the (Treatment) agreement. 

4.2 The (Treatment) agreement may also consist of the sale, delivery and/or administration of goods by Client and/or by order of third parties, including administration by order of government agencies.

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 respect does not relieve the Client and/or third parties of the administrative obligations incumbent upon the Patient under the Veterinary Medicines Act. 

4.4 With regard to the goods delivered or administered, the Veterinary Practice does not accept any (product) liability.

Article 5: Interim termination (Treatment) agreement  

5.1 The (Treatment) agreement entered into between the Veterinary Practice and the Client may be terminated prematurely by: 

  • the express written request of the Client, whereby the Veterinary Practice will, if necessary, draw the Client's attention to 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, draw the Client's attention to the fact that this will take place at the Client's risk and have the Client make a written statement to this effect; 
  • the death of the Patient to be treated; 
  • a unilateral decision of 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 reasonable chance (anymore) of an intended and/or desired result; 
  • a unilateral decision of the Veterinary Practice if the trust between the Veterinary Practice and the Client has been seriously disturbed. 

5.2 Furthermore, the Veterinary Practice shall be entitled to terminate the (Treatment) agreement in whole or in part as soon as possible:

  • the Client does not or not fully fulfil his obligations under the (Treatment) Agreement;
  • after the (Treatment) agreement has been concluded, circumstances have come to the knowledge of the Veterinary Practice, which give it good reason to fear that the Client will not fulfil his obligations;
  • the Client discontinues his business or an important part thereof;
  • the Client is declared bankrupt, or at least applies for bankruptcy, or applies for a moratorium, or if its property is seized or the WSNP regulation is declared applicable to the Client;

In the aforementioned cases, the Veterinary Practice is also authorised to suspend the further execution of the (Treatment) agreement or to proceed to full or partial dissolution, all this without prejudice to the right of the Veterinary Practice to claim full compensation for damages.

5.3 If the (Treatment) agreement is terminated prematurely by the Veterinary Practice, then the Veterinary Practice shall, prior to doing so, inform the Client and explain its motivation to the Client, unless this is not possible or not possible in time. 

5.4 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 at the discretion of the Veterinary Practice. 

Article 6: Rates, fees and payment  

6.1 The Veterinary Practice sets the rates and fees to be charged according to its own rates according to time and circumstances. The invoice shall state the VAT charged. To the extent that the (Treatment) agreement includes the delivery of goods, the prices stated shall be exclusive of VAT and other costs (however named). Price changes by the Veterinary Practice are permitted and will be communicated in the usual manner as soon as possible. Not receiving the notification does not entitle you to delivery at the aforementioned prices.

6.2 Payment of the invoice of the Veterinary Practice shall be made in cash, immediately after the performance of the work or delivery of the goods on site, unless agreed otherwise. Non-cash payments are subject to a payment term of 14 days after the invoice date, in which case administration costs may be charged. Payment shall be made without any deduction, discount, deduction or setoff.

6.3 If more invoices are outstanding, non-integral payments thereof shall be deemed to be for the payment of the first due. 

6.4 In the event of late payment, the Debtor shall be in default by operation of law upon expiry of the term, and the Debtor shall owe statutory interest on the principal sum or remainder of the claim. 

6.5 The Debtor shall not be entitled to apply set-off, for whatever reason, in respect of 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 effected, the Debtor shall, in addition to the amount due and the interest thereon, be obliged to pay in full both extrajudicial and judicial collection costs. For consumers, the maximum extrajudicial collection costs, excluding VAT, shall be set at 15% of the amount of the principal sum. The above-mentioned extrajudicial collection costs shall 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 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 statutory and/or behavioural/ disciplinary regulations to treat the offered Patient immediately. 

6.8 If the Client fails to collect the Patient from the Veterinary Practice after completion of the veterinary treatment, or fails to do so on time, the Veterinary Practice shall be entitled to charge the Client for any additional costs involved, whereby payments shall first serve to pay the costs due, then to pay the interest due and only then to pay the oldest outstanding invoice. 

Article 7: Complaints 

7.1 The Client is obliged to immediately inspect the performance and/or goods to be delivered by the Veterinary Practice for immediately detectable defects and/or imperfections. The Client shall notify the Veterinary Practice in writing of any complaints about the services provided within 14 days after the activities have been terminated or the goods have been delivered, failing which any claim against the Veterinary Practice in respect of any defect and/or imperfection shall lapse. After the expiry of the said period, the Purchaser shall be deemed to have approved the goods delivered, also with regard to the expiry dates stated thereon, and delivery shall be deemed to have been unconditionally accepted.

7.2 If the Veterinary Practice finds the complaint about the performance made well-founded, it shall only be obliged to provide the performance agreed upon after all. Compliance shall be deemed to be the only and full compensation; any further liability shall be excluded.

7.3 If, pursuant to this article, a complaint is lodged in due time, the Client shall remain obliged to take delivery of and pay for the goods purchased. The delivered goods may only be returned after prior written permission from the Veterinary Practice.

Article 8: Liability

General provision: 

8.1 The Veterinary Practice is not liable for any direct or indirect material or immaterial damage, by whatever name, suffered by the Client or a third party in connection with or arising from the (Behandelinsg) agreement a fault, a shortcoming, defect or default of the Veterinary Practice or an appeal to force majeure or a service provided by the Veterinary Practice or by any other cause whatsoever, unless

a. The Veterinary Practice is insured in respect of damage and that insurance pays out; in that case the liability in totality shall always be limited to the amount paid out by that insurance in the relevant case. The policy terms and 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 at the first request of the Client;
b. The Client or the third party concerned proves that the damage is due to intent or deliberate recklessness on the part of the Veterinary Practice.
Compensation of indirect damage shall at all times be excluded, including but not limited to consequential damage, loss of profit, lost savings and damage due to (business) stagnation and the like. 

8.2 In so far as it may be established in court that the aforementioned limitation of liability cannot be maintained, then the amount to be paid by the Veterinary Practice in respect of compensation for damages, including a fine, shall never exceed the amount that the Client has paid or owes to the Veterinary Practice pursuant to the order or agreement in question from which the claim for damages arises. In all cases, however, the Veterinary Practice shall not be liable for any indirect damage and/or consequential damage, including loss of profit, missed savings and/or damage due to business stagnation.

8.3 In all cases in which the Client or a third party is entitled to invoke the provisions of this Article, any employees who may be held liable and any third parties engaged by the Veterinary Practice may also invoke the provisions of this Article, even if the provisions of this Article were stipulated by themselves.

Special provisions: 

8.4 In the case of a veterinary inspection, the following provisions (also printed on the study report) apply in deviation from the previous paragraph of this article. The inspecting veterinarian and/or the Veterinary Practice is not liable for any damage - explicitly including financial and consequential damage - caused by the performance of the inspection or by inaccuracies and incompleteness in the drawing up of the examination report, unless it is established that this damage is due to intent or gross negligence on the part of the inspecting veterinarian. 
8.4.1 With regard to the liability referred to under 8.4.1, only the client shall have a right of claim against the veterinary inspector and/or the Veterinary Practice; no other party than the client may derive any right to compensation from the examination report. 
8.4.2 The liability shall at all times be limited to the amount to which the liability insurance gives right to payment, if applicable. The policy documents of this insurance are available for inspection at the Veterinary Practice and a copy will be provided free of charge upon first request. 
8.4.3 Articles 8.4.1 to 8.4.6 also apply if the sponsor does not sign the examination report and nevertheless takes receipt of the examination report. 
8.4.4 If the client is not the owner of the animal, the client guarantees that the owner has granted permission to carry out the veterinary examination and Articles 8.4.1 to 8.4.6 can also be invoked against the owner. 
8.4.5 If the client and/or third parties are of the opinion that the animal's state of health at the time of this inspection does not correspond with what is stated in the examination report, they shall, on pain of forfeiting any right of claim against the Veterinarian and/or the Veterinary Practice, report this in writing within a reasonable period of time to their other party (in the case of the purchase agreement, for example) and hold them liable for compensation for damages, at the same time providing a copy of this report to the veterinary surgeon and the Veterinary Practice. 
8.4.6 Disputes concerning the performance of the examination and/or the interpretation of this examination report shall be governed exclusively by Dutch law, with the exception of any applicable international treaties, and the Dutch court shall have exclusive jurisdiction to take cognizance thereof.

8.5 The Veterinary Practice that provides information on 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 shall only provide undue assistance, whereby a successful import or export is in no way guaranteed and where 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 whatever nature related to the (attempted) import or export of animals in question. 

8.6 Unless there is intent and/or gross negligence on the part of the Veterinarian and/or the Veterinary Practice, the latter excludes any liability for damage resulting from administration of veterinary medicines by the Client himself/herself and in respect of administration of veterinary medicines by order of third parties, including administration by order of government agencies as well as injury and/or damage resulting from administration of these medicines, any side effects thereof and negligence in the fulfilment of the applicable administrative obligations and related problems of proof. 

8.7 The conclusion of a (Treatment) agreement and/or the performance of veterinary treatments and/or the supply and/or administration of goods and/or the provision of veterinary advice and services within the framework thereof, does not in any way affect the strict liability of the Client and/or third parties for damage caused by the animal in the sense of Article 6:179 of the Dutch Civil Code. 

Article 9: Ownership and retention of title 

9.1 The Veterinary Practice retains ownership at all times of copies, documents and other information carriers such as, for example, X-rays relating to the treated Patient. The Veterinary Practice shall retain these documents for a period of 5 years. Upon request, the Client may obtain copies of these information (carriers) and/or other documents against payment of the cost price.

9.2 Delivered goods and documents relating to them remain the property of the Veterinary Practice until such time as all deliveries and activities carried out by it, or deliveries and activities still to be carried out, resulting from any (future) (Treatment) agreement (however named) or, including interest and costs, have been paid for by the Client.

9.3 The Client is not authorised to pledge the delivered goods to third parties or to grant any other right to third parties, however named.

Article 10: Special provisions  

10.1 Entry to stables/location work If the treatment of the Patient gives cause to do so, the Veterinary Practice has the right to deny access to the stables or any other location where the treatment takes place to anyone, if necessary also to the Client, and/or to give any other conditions that he deems necessary for the treatment. The Client is obliged to comply with these conditions. 

10.2 Scientific research The Veterinary Practice has the right to use (parts of) the Patient or substances originating from the Patient for statistical and/or scientific research, or to include 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.

10.3 Treatment abroad. These General Terms and Conditions shall also apply to (Treatment) agreements that are carried out outside the Netherlands.

Article 11: Binding

11.1 If one or more provisions of the General Terms and Conditions are null and void or no longer legally valid, the remaining provisions of the General Terms and Conditions shall remain in full force and effect. Parties will consult on the provisions which are null and void or (no longer) legally valid, in order to make a replacement arrangement, in such a way that the purport of the provision as a whole remains intact.

11.2 The order concluded between the parties to which these General Terms and Conditions apply and the accompanying annex(s) contain all obligations of both parties towards the other party and replace all prior negotiations, promises and correspondence.

Article 12: Applicable law and dispute resolution  

12.1 All (Treatment) agreements between the Veterinary Practice and the Client are exclusively governed by Dutch law, to the exclusion of any applicable international treaties such as the Vienna Sales Convention.

12.2 All disputes arising as a result of the legal relationship between the parties governed by these terms and conditions shall be subject to the judgement of the District Court of Gelderland, unless any mandatory statutory provision dictates otherwise.

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