General Terms and Conditions KNMvD, version 2018, filed with the District Court of the Central Netherlands under number 22/2008
Article 1: Definitions
In these General Terms and Conditions, the following definitions apply:
Treatment agreement : the agreement (of assignment) between the Veterinary Practice and the Client for the performance of veterinary treatments, the supply and/or administration of medicines and/or the provision of advice and/or the performance of (veterinary) examinations.
Client : the owner and/or provider of the Patient on whose behalf the Veterinary Practice carries out the Treatment Agreement.
Debtor : the person in whose name the invoice from the Veterinary Practice has been drawn up.
Veterinarian : the person who is admitted to the practice of veterinary medicine on the basis of (currently) the Animals Act and who is registered in the appropriate register, who is a member of the Royal Dutch Society for Veterinary Medicine and who is a veterinary surgeon (be )performs actions and/or, in the context thereof, supplies and/or sells and/or administers medicines and/or provides other veterinary advice and services.
Veterinary Practice: the Vet(s) as defined above as well as the practice that the Vet(s) feed(s) with the use of all (auxiliary) persons, including but not limited to veterinarians, lab assistants, etc., whether or not on the basis of an employment contract. t)(s) , in whatever legal form and/or cooperation.
Patient : the animal offered by the Client for treatment, the animals or groups of animals and/or the animal, animals or groups of animals for which and/or for the benefit of which medicines are supplied and/or administered and/or other veterinary advice and veterinary services are provided.
Article 2: Applicability
2.1 These General Terms and Conditions apply to all offers and agreements, including Treatment Agreements, between the Veterinary Practice and the Client whereby the Veterinary Practice supplies goods and or services of any nature and under whatever name to the Client, insofar as not expressly stated in writing. has deviated.
2.2 Any general terms and conditions used by the Client do not apply and are expressly rejected by the Veterinary Practice.
2.3 Additional and/or deviating conditions only apply between the parties if the Veterinary Practice has expressly agreed to these additional and/or deviating conditions in writing.
Article 3: Conclusion of agreement
3.1 All offers and other expressions of the Veterinary Practice to conclude an agreement are without obligation, unless the Veterinary Practice indicates otherwise in writing.
3.2 The agreement to be concluded between the Veterinary Practice and the Client is only legally valid from the moment that the agreement has been confirmed in writing by the Veterinary Practice, or when the Veterinary Practice has started the execution of the agreement and/or has received the medicines to be supplied. delivered and/or administered.
3.3 If an offer to conclude an agreement does not ultimately lead to a definitive agreement, the Veterinary Practice is at all times entitled to charge all costs incurred by the Veterinary Practice in making the offer to the Client.
3.4 The Veterinary Practice has the right to refuse the conclusion of a Treatment Agreement with regard to a Patient offered 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 does not, or completely insufficient, has a chance of success, unless the Veterinary Practice is obliged to treat the offered Patient on the basis of legal and/or behavioral/disciplinary regulations.
Article 4: Content of the agreement
4.1 The Treatment Agreement concluded between the Veterinary Practice and the Client is not an obligation of result and only 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 medicines in the context thereof.
4.2 The Veterinary Practice carries out the activities referred to in the previous paragraph to the best of its ability and with the due care that may be expected of it.
4.3 The Veterinary Practice has the right to make use of third parties when executing the Treatment Agreement.
4.4 The Treatment Agreement may also consist of supplying veterinary medicines and/or administering veterinary medicines, insofar as permitted by law and with due observance of the provisions of Article 4.5 below, by the Client itself, whether or not on behalf of third parties, including administration commissioned by government agencies. In the event that this is the case, the provisions of Article 8.8 also apply.
4.5 The mere fact that the Veterinary Practice is involved in the sale, delivery and/or administration of veterinary medicinal products and/or provides assistance therein does not release the Client and/or third parties from obligations under the laws and regulations in the context of the administration and provision of veterinary medicinal products, including administrative obligations.
Article 5: Premature termination of the agreement
5.1 The Treatment Agreement is terminated prematurely by:
- the explicit request of the Client, whereby the Client will be informed if necessary by the Veterinary Practice of the possible consequences of this early termination for the Patient and, if termination takes place against the advice of the Veterinarian and/or the Veterinary Practice, pointed out that this will be done at the risk of the Client and, if necessary, have the Client make a written statement about this. The Client is obliged to cooperate fully in this regard.
- the death of the patient.
- a unilateral decision by the Veterinary Practice, if the Veterinary Practice is of the opinion that it cannot reasonably be expected to continue the veterinary treatment because there is no (any longer) reasonable chance of an intended and/or desired result.
- 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 proceeding to do so, inform the Client about this and explain its motivation 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 compensation will 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 determines the rates and fees to be charged according to its own rates according to 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 operation, unless otherwise agreed.
6.3 The Veterinary Practice has the right, where appropriate, to require a deposit from the Client prior to the performance of its activities and not to commence its activities until after the Veterinary Practice has received the amount, unless the Veterinary Practice is based on statutory and/or behavioral/disciplinary regulations is obliged to treat the offered Patient immediately.
6.4 For non-cash payments, a payment term of 14 days after the invoice date applies, in which case administration costs may be charged.
6.5 If several invoices are outstanding, non-integrated payments thereof are deemed to serve to settle the oldest invoice.
6.6 In the event of late payment, the Debtor will be in default immediately and by operation of law by the mere expiry of the payment term and the Debtor will owe statutory interest on the principal sum or the remainder of the outstanding claim.
6.7 The Debtor is not entitled to suspend any (payment) obligation to the Veterinary Practice, nor is the Debtor entitled to set off, for whatever reason, any amounts charged and/or will be charged by the Veterinary Practice. brought.
6.8 If the Debtor is in default and collection is initiated, the Debtor is obliged to pay both the extrajudicial and judicial collection costs, in addition to the amount owed and the interest due thereon.
6.9 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 is entitled to charge all associated additional costs to the Client.
6.10 Payments by the Debtor first serve to settle the costs owed, then to settle the interest due and only then to settle 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, including medicines, for immediately detectable defects and/or imperfections.
7.2 If the Veterinary Practice uses the KNMvD Complaints Regulations established by the KNMvD, the Client may make use of this. If it is not stated on the website of De Dierenartsenpraktijk that it uses the KNMvD Complaints Regulations, then the Complaints Regulations do not apply in principle. At the Client’s first request, the Veterinary Practice will indicate whether it still uses or wishes to use the KNMvD Complaints Regulations.
7.3 Without prejudice to the provisions of any applicable KNMvD Complaints Regulations, the Client must submit complaints about the services provided to the Veterinary Practice (preferably in writing). If this term of 30 days is exceeded, any claim against the Veterinary Practice with regard to any defect and/or imperfection will lapse.
7.4 If the Veterinary Practice considers the complaint about the performance 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 of time, or;
b. to credit the amount owed by the Client;
at the discretion of the Veterinary Practice.
Article 8: Liability
8.1 If the Veterinary Practice and/or the Veterinarian will be liable in any way towards the Client, this liability is at all times limited to the amount paid out in the relevant case by the liability insurance of the Veterinary Practice or the Veterinarian.
8.2 Liability for indirect damage is excluded at all times, including in any case but not limited to consequential damage, loss of profit, lost savings and damage due to (business) stagnation and the like.
8.3 The execution of the agreement is exclusively for the benefit of the Client. Third parties cannot derive any rights from this agreement and its implementation.
8.4 Apart from the cases mentioned in this article, any liability is excluded.
8.5 The Client indemnifies the Veterinary Practice against all claims from third parties that may result, directly or indirectly, from the execution of the agreement.
8.6 If a veterinary examination is performed pursuant to the Treatment Agreement, the following provisions apply, insofar as they deviate from the provisions in the previous paragraphs of this article:
8.6.1 The inspecting Veterinarian and/or the Veterinary Practice are not liable for any damage – expressly including financial and consequential loss – caused by the performance of the inspection or by inaccuracies and incompleteness in the preparation of the examination report, unless it is established that such damage is due to intent or gross negligence on the part of the examining Vet.
8.6.2 With regard to the liability referred to under 8.6.1, only the Client – within the frameworks stated there – has a right of action against the examining Vet and/or the Veterinary Practice; parties other than the Client cannot derive any right to compensation from the investigation report.
8.6.3 The liability of the Veterinary Practice and the Veterinarian will at all times be limited to the amount paid out in the relevant case 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 patient’s state of health at the time of the present examination does not correspond to that stated in the examination report, they must do so on pain of forfeiture of any right of action against the Vet and/or the To report the veterinary practice in writing to their counterparty within a reasonable time (in the case of the purchase agreement, for example) and to hold them liable for compensation for damage, while simultaneously providing a copy of this report to the examining Vet and the Veterinary Practice.
8.6.5 Disputes about the performance of the inspection and/or the completion of the investigation report are exclusively governed by Dutch law and exclusively the Dutch court has jurisdiction to hear them.
8.6.6 If the Client is not the owner of the animal, he guarantees that the owner has given permission for the veterinary examination to be carried out 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 also apply if the Client does not sign the investigation 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 issuing (health) certificates, the Veterinary Practice’s liability is excluded. The Client indemnifies the Veterinary Practice in that context against claims from third parties for whatever reason.
8.8 The exclusion of liability referred to in Article 8.7 does not apply in the event of intent and/or gross negligence, which will in any case also be the case when the Veterinary Practice and/or the Veterinarian knowingly cooperates in illegal trade.
8.8 Without prejudice to the provisions of the previous paragraphs of this article, the Veterinary Practice excludes any liability, unless there is intent and/or gross negligence on the part of the Veterinarian and/or the Veterinary Practice:
- for damage resulting from the administration of veterinary medicines by the Client himself and/or;
- for damage resulting from the administration of veterinary medicinal products on behalf of third parties, including administration on behalf of government authorities and/or;
- for injury and/or damage caused by the administration of these agents, any side effects thereof and/or;
- for carelessness in the fulfillment of the applicable administrative obligations and related evidentiary problems.
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 the strict liability of the Client and/or or third parties for damage caused by the animal within the meaning of art. 6:179 CC.
Article 9: Ownership and data
9.1 The Veterinary Practice retains at all times the ownership of copies, documents and other information carriers such as, for example, X-rays that relate to the Patient and the implementation of the agreement.
9.2 The Veterinary Practice will keep these documents for 5 years. Upon request, the Client can obtain copies of these information (carriers) and/or other documents for a fee of the cost price.
9.3 For the execution of the agreement, the Veterinary Practice uses the (personal) data that the Client provides to the Veterinary Practice. When processing the Client’s personal data, the Veterinary Practice complies with the applicable privacy laws and regulations.
Article 10: Special provisions
Entering stables/Location of work
10.1 If the treatment of the Patient gives cause to do so, the Veterinary Practice has the right to deny anyone, if necessary also the Client, access to the stables or another location where the treatment takes place and/or to impose other conditions. which he deems necessary for the treatment. The Client is obliged to comply with this.
10.2 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 process them in a publication, unless the Client has expressed explicit and insurmountable objections to this. If necessary and if possible, 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 The agreement and all agreements that may arise from it between the Veterinary Practice and the Client are exclusively governed by Dutch law.
11.2 The Court in the district where the Veterinary Practice is located has exclusive jurisdiction to hear disputes between the parties, without prejudice to the Veterinary Practice’s authority to submit a dispute to the competent court according to the law.