Terms and Conditions

This document details the Terms and Conditions (the Conditions) of Abercorn Veterinary Clinic of 175 Portobello High Street, Edinburgh, EH15 1EU for its Business customers. By registering its animals with or otherwise requesting Products and/or Services from the Practice, the customer agrees that it has read and understood these Conditions and agrees to be bound by them. If the customer requires any clarification of any aspect of these Conditions, it should ask the Practice.

Privacy

The Practice respects its customers’ privacy and is committed to protecting its customers’ personal data. Please see the Practice’s privacy notice for further details, which can be found on the Practice’s Website at https://www.abercornvets.co.uk as well as the provisions of clause 18.

• Basis of contract
  • The Order constitutes an offer by the customer to purchase Products and/or Services in accordance with these Conditions.
  • The customer agrees that it places an Order:
    • in respect of Services, when it books an Appointment or Site Visit with the Practice, requests emergency cover pursuant to clause 13, or otherwise requests the supply of a Service; and
    • in respect of Products, when it makes a request to the Practice for the Products to be supplied.
  • The Order shall only be deemed to be accepted when the Practice issues written acceptance or when a Team Member indicates such acceptance of the Order, or when the Appointment, Site Visit or emergency cover pursuant to clause 13 begins, at which point and on which date the Contract shall come into existence (Commencement Date).
  • These Conditions apply to the Contract to the exclusion of any other terms that the customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
  • Any Estimate given by the Practice pursuant to clause 10 of these Conditions shall not constitute an offer. The customer must refer to any valid Estimate it holds when it places an Order.
• Supply of Services
  • The Practice warrants to the customer that the Services will be provided using reasonable care and skill.
  • In consideration of the Practice providing Services, including in relation to the customer’s Small Animals, Equine or Farm Animals, the customer agrees to pay:
    • the relevant Initial Consultation Fee and any applicable Surcharge in respect of an Appointment; or
    • in respect of a Site Visit, the relevant Initial Consultation Fee, any applicable Visit Fee, and any applicable Surcharge per Team Member due to attend; or
    • the relevant price agreed in accordance with clause 7 and/or charged to the Practice in relation to any out of hours services provided to the customer by a third party in accordance with clause 13 of these Conditions.
  • The customer acknowledges and agrees that it shall be liable to pay the relevant Initial Consultation Fee and Visit Fee if it cancels any Appointment or Site Visit less than one (1) Business Day prior to that Appointment or Site Visit’s scheduled date.
  • The customer further acknowledges that it may pay such additional prices (exclusive of VAT) as may be set out pursuant to clauses 7, 13, by an Estimate, or otherwise, in each case in respect of any additional Services and/or Products it requests prior to, during or following an Appointment or Site Visit. All such requests for additional Services and/or Products will be treated as a new Order which, if accepted, will be subject to these Conditions. For the avoidance of doubt, VAT will be applied to all prices at the time payment is requested in accordance with clause 8.
• Products
  • The Practice may stock Products for use with Small Animals, Equine and/or Farm Animals and where appropriate may provide these Products to the customer in the fulfilment of an Order placed in accordance with clause 1 of this Contract.
  • In consideration of a supply of Products by the Practice, the customer agrees to pay:
    • the price quoted in any relevant Estimate; and/or
    • such other relevant prices as are communicated to the customer before it purchases the Products.
  • Subject to clause 4, the Practice warrants that, on fulfilment of an Order in accordance with clause 3.1 of these Conditions, the Products shall:
    • conform with their description; and
    • to the extent they are manufactured by the Practice and/or a company that is a member of the Practice’s corporate group, be free from material defects in design, material and workmanship.
  • Subject to clauses 5 and 3.6, the Practice shall, at its option, repair or replace any defective Products, or refund the price of any defective Products in full if:
    • the customer gives notice in writing not later than five (5) Business Days or, in the case of a latent defect, not later than thirty (30) days after Delivery that some or all of the Products do not comply with the warranty set out in clause 3;
    • the Practice is given a reasonable opportunity of examining such Products; and
    • the customer (if asked to do so by the Practice) returns such Products to the Practice’s Premises at the customer’s cost.
  • The Practice shall not be liable for any Products’ failure to comply with the warranty in clause 3 if:
    • the customer makes any further use of such Products after giving a notice in accordance with clause 4;
    • the defect arises because the customer failed to follow the Practice’s oral or written instructions (or any manufacturer instructions) as to the storage, installation, administration, use or maintenance of the Products or good trade practice;
    • the customer alters or repairs such Products without the written consent of the Practice;
    • the defect arises as a result of fair wear and tear, wilful damage, negligence or abnormal working conditions; or
    • the Products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
  • Where the Practice supplies Medicines and/or any Products containing a hygiene seal:
    • the customer acknowledges that the Practice cannot repair, replace or accept returns of such items (save that it may replace or accept returns where they fall under the provisions of clause 4). Further to clause 3.5, the Practice will not accept any return of or repair or replace any Medicines and/or any Products containing a hygiene seal where they are accepted by the customer and damaged while in the customer’s possession or control;
    • the customer may have additional manufacturer’s warranties in respect of some Products and is encouraged to consider those terms carefully; and
    • the Practice may assist the customer in any reasonable arrangements to provide the customer with the benefit of any warranties made by a manufacturer of the Products to the Practices.
  • These Conditions shall apply to any repaired or replacement Products supplied by the Practice.
  • Except as provided in this clause 3, the Practice provides no warranty as to the quality of the Products or their suitability for a particular purpose, and shall have no liability to the customer in respect of the Products’ failure to comply with the warranty set out in clause 1.
• Delivery
  • Either:
    • the customer shall collect the Products from the Practice’s Premises or such other location as may be communicated to the customer before Delivery within three (3) Business Days of the Practice notifying the customer that the Products are ready; or
    • where the Practice agrees to such an arrangement, it shall Deliver (or engage a carrier to Deliver) the Products specified in the Order to such location as the parties may agree (Delivery Location), at any time after the Practice notifies the customer the Products are ready. Delivery is completed on the completion of unloading of the Products at the Delivery Location, or (where the Practice engages a carrier) on the completion of loading of the Products at the Practice’s Premises.
  • In respect of Delivery in accordance with clause 1.2:
    • where the Practice agrees to Deliver the Products by a particular date, and fails to Deliver those Products by that Due Date in circumstances which do not fall under clause 3, the customer may terminate the relevant Order and obtain a refund of any sums paid in relation to that Order from the Practice; and
    • where the Practice does not agree to Deliver the Products on a specific date, the standard Delivery date will be twenty-eight days from the date on which the Order is accepted,

and, for the avoidance of doubt:

• where the customer accepts a Delivery of Products after the Due Date or the Standard Delivery Date, as applicable, it will not be entitled to terminate its Order in accordance with this clause 2; and
• the Practice shall not be liable for any delay in Delivery of the Products that is caused by a Force Majeure Event or by a regulatory or legal requirement on the Practice.

• If (pursuant to clause 1.1) the customer fails to accept Delivery of the Products within three (3) Business Days of the Practice notifying it that the Products are ready; or (pursuant to clause 4.1.2) the customer fails to accept Delivery of the Products when the Practice (or its carrier) attempts to deliver the Products to the Delivery Location, then except where such failure or delay is caused by a Force Majeure Event or by the Practice’s failure to comply with its obligations under this Contract in respect of the Products:
  • Delivery of the Products pursuant to clause 1.1 shall be deemed to have been completed at 9.00am on the third Business Day following the day on which the Practice notified the customer that the Products were ready;
  • Delivery of the Products pursuant to clause 1.2 shall be deemed to have been completed at the date on which Delivery of the Products to the Delivery Location was attempted;
  • the Practice (or its carrier) shall store the Products until delivery takes place, and the customer shall be liable to pay for all related costs and expenses (including insurance) directly or indirectly incurred by the Practice as a result; and
  • if, as a result of any delay pursuant to this clause 3, any Products due to be delivered pass their expiry date, the Practice will not be obliged to source and provide replacement Products (though it may, at its discretion, agree to do so). The Practice will not in any circumstances be liable where such replacement Products cannot be sourced.
• If, ten (10) Business Days after the deemed date of delivery pursuant to clauses 1.1 or 4.1.2, the customer has not accepted Delivery of them, the Practice may resell or otherwise dispose of part or all of the Products and, after deducting reasonable storage and selling costs, charge the customer for any shortfall below the price of the Products.
• The Practice may deliver the Products by instalments, which may be invoiced and paid for separately. Each instalment shall constitute a separate Contract subject to these Conditions. Any delay in delivery or defect in an instalment shall not entitle the customer to cancel any other instalment.
• The customer acknowledges that, unless otherwise agreed in writing with the Practice, the Practice cannot provide Medicines and/or any Products containing a hygiene seal until all relevant prices have been paid in accordance with clause 8 of this Contract.

• Title and risk in the Products
  • The title to the Products shall pass to the customer on receipt of payment in full for such Products in accordance with clause 8.
  • The risk in the Products will transfer to the customer on Delivery of the Products.
• Customer Obligations
  • The customer shall:
    • co-operate with the Practice, its Team Members and Contractors in all matters relating to the Services and/or the Products;
    • give prior notice of and provide the Practice, its Team Members and Contractors with all relevant or required site access guidelines, biosecurity requirements and hazards, and such other information and materials as the Practice, its Team Members and Contractors may reasonably require in order to access any premises where a Site Visit is to be conducted, and ensure that such information is complete and accurate in all material respects;
    • provide the Practice, its Team Members, and Contractors with access to its premises and other facilities (or procure that such access is provided by the relevant party in control of the premises and/or other facilities) as is reasonably required to provide the Services and/or the Products;
    • provide the Practice, its Team Members and Contractors all fully accurate information and materials (including information relating to the animal’s medical history and, where necessary, authorisation to contact other veterinary surgeons to obtain that medical history) as may reasonably be required to supply the Services and/or the Products;
    • comply with any relevant guidelines in force in relation to the prevention of Covid-19, other diseases and illnesses;
    • ensure its premises (or any relevant premises) are prepared in such a manner that the Practice, its Team Members or Contractors can supply the Services and/or the Products; and
    • comply with all applicable laws, including health and safety laws.
  • If the Practice’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the customer or failure by the customer to perform any relevant obligation (Default):
    • without limiting or affecting any other right or remedy available to it, the Practice shall have the right to:
      • suspend performance of the Services until the customer remedies its Default; and
      • to rely on the customer’s Default to relieve the Practice from the performance of any of its obligations in each case to the extent the customer’s Default prevents or delays the Practice’s performance of any of its obligations;
    • the Practice shall not be liable for any costs or losses sustained or incurred by the customer arising directly or indirectly from the customer’s failure or delay to perform any of its obligations as set out in this clause 6; and
    • the customer shall reimburse to the Practice relevant Visit Fee, Initial Consultation Fee and/or Out of Hours Initial Consultation Fee and, on written demand, for any other costs or losses sustained or incurred by the Practice arising directly or indirectly from the customer’s Default.
  • Prices
    • All fees and other amounts payable, including any relevant Initial Consultation Fees, Visit Fees, Out of Hours Fees, applicable Surcharges and any fees for Products, including Medicines, are subject to VAT at the current rate and may vary depending on: the Team Members/levels of expertise the Practice needs to provide; the time at which an Appointment or Site Visit takes place, whether Small Animals, Equine or Farm Animals are the patient, time spent on a case and according to the Medicines, consumables, materials and any other Products used; or under the terms set out in any Estimate. For the avoidance of doubt, VAT will be applied to all prices at the time payment is requested in accordance with clause 8.
  • Payment Terms
    • The Practice may accept payment from the customer by bank transfer, or, with its express agreement, by cash, credit card or debit card at the time the Service and/or the Products are provided.
    • In respect of payments by bank transfer, for:
      • any Services provided pursuant to clause 2, the Practice will invoice the customer on or at any time after the Services are provided.
      • any Products (which are not Medicines and/or Products containing a hygiene seal) provided pursuant to clause 3, the Practice will invoice the customer on or at any time after completion of Delivery; and
      • any Medicines and/or Products containing a hygiene seal provided pursuant to clause 3, the Practice will invoice the customer promptly following acceptance of the relevant Order (or as otherwise agreed pursuant to clause 6).
    • [Unless otherwise agreed by the Practice in writing, ]the customer shall pay each invoice submitted by the Practice:
      • within thirty (30) days of the date of the invoice; and
      • in full and by bank transfer in cleared funds to a bank account nominated in writing by the Practice,

and time for payment shall be of the essence of the Contract. All amounts payable by the customer under the Contract are exclusive of amounts in respect of VAT. Where any taxable supply for VAT purposes is made under the Contract by the Practice to the customer, the customer shall, on receipt of a valid VAT invoice from the Practice, pay to the Practice such additional amounts in respect of VAT as are chargeable on the supply of the Services and/or Products at the same time as payment is due for the supply of the Services and/or Products.

• If the customer fails to make a payment due to the Practice under the Contract by the due date then, without limiting the Practice’s remedies under clause 20, the customer may, at the election of the Practice, be required to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 4 will accrue each day at up to eight percent (8%) a year above the Bank of England’s base rate from time to time, but at up to eight percent (8%) a year for any period when that base rate is below 0%.
• All amounts due under the Contract will be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

• Inability to pay
  • If, for any reason, the customer is unable to pay for any supply of Services and/or Products pursuant to the Contract, it should discuss the matter with a Team Member, as soon as possible and before any treatment or Services take place or before the Delivery of any Products.
  • The Practice retains the right to instruct third party debt collectors in relation to the recovery of payments due to it pursuant to the Contract. By entering into the Contract, the customer acknowledges and agrees that, if requested by the Practice, it shall pay all costs incurred by the Practice during its engagement of any such third party debt collector.
• Estimates of treatment costs
  • Where practicable, the Practice will provide the customer with a written estimate as to the probable costs of Services and/or Products required in order to pursue a course of treatment or surgical procedure (“Estimate”). All Estimates are only indicative and should not be regarded as a fixed price. Additional costs which cannot be predicted at the outset may occur as treatments progress.  The Practice will make every reasonable effort to discuss any such additional costs wherever possible. Estimates are valid for twenty (20) Business Days.
• Professional obligations
  • The Practice confirms that it shall provide all Services and/or Products under any Contract in compliance with applicable laws and any regulatory requirements on it as a provider of professional veterinary medical services.
• Medicines
  • A veterinary surgeon at the Practice may prescribe prescription only Medicines only for animals under their care. A prescription may not be appropriate if the customer’s animal is an in-patient or immediate treatment is necessary. The customer will be informed, on request, of the price of any prescription for Medicine(s) that may be prescribed for its animal(s) and agrees to pay all such fees in accordance with clause 8. Clients are requested to give three (3) Business Days’ notice for repeat prescriptions.
  • The Practice reserves the right, in its sole discretion, to refuse to provide prescription only medicines where the customer brings a prescription slip to it completed by a veterinary surgeon who is not a Team Member and the Practice unable to sufficiently verify the genuineness of that prescription slip.
  • The Practice cannot refund the cost of returned medicines. Unused Medicines should be returned to the Practice for safe disposal and the Practice will charge for such disposal Services in accordance with clause 2.3.
• Typical Consulting Hours, Emergencies and Out of Hours in-patient care
  • The Practice may, subject to availability, provide Appointments and/or Site Visits during the Typical Consulting Hours.
  • If the customer requires veterinary assistance or guidance outside of the Typical Consulting Hours, it should call the Practice to be directed to the Practice’s out of hours services (Out of Hours Services). Where any Out of Hours Services are provided by the Practice, the customer agrees to pay the relevant Out of Hours Fees, including any applicable Surcharge to the Practice (in accordance with clause 8). Where out of hours services are provided by a third party the Contract shall apply to the provision of those services, unless the relevant third party provider requires the customer to enter into separate terms covering those services directly with that third party provider.
  • If the Practice accepts an animal for hospitalisation at the Practice overnight or over the weekend, the frequency of checks will be determined by the veterinary surgeon and a Team Member who will then attend the animal as appropriate. For critically ill animals, continuous monitoring can be provided if deemed necessary. To the extent practicable, the Practice will provide the customer with an Estimate in respect of the fees for such inpatient care prior to that care commencing.
• Second opinions and referrals
  • Where the Practice is asked to provide a second opinion, it will always ask for the details of the customer’s current veterinary surgeon. The customer consents to their Communication Data being shared with current veterinary surgeon (pursuant to clause 18) to enable the Practice to request the animal’s medical history.
  • The Practice may suggest referral to a specialist and/or outside consultants for a consultation, investigations or a procedure. If the customer agrees to proceed with the referral, it consents to the Practice sharing its Communication Data with the referral centre or consultant (pursuant to clause 18) to enable the referral centre or consultant to contact the customer. The referral centre or consultant will then notify the Practice of the appointment date and the Practice will arrange for the medical records and any test result, radiographs or similar to be sent to that referral centre or consultant in advance of the appointment.
• Ownership of records
  • The Practice may carry out investigations on the customer’s animal. If it does so, it will own the resulting records at all times. The customer may view its animal’s clinical notes on request, and the Practice will endeavour to provide the customer with access to those notes within a reasonable time following such a request, subject to any applicable charges under clause 2.1 of these Conditions. Copies of the Practice’s records may be passed on, by request, to another veterinary surgeon should the need arise.
  • The Practice may use the customer’s animal’s clinical information in an anonymised or pseudo-anonymised form, for activities including quality improvement, research and clinical audit. In this way, the Practice aims to continually improve the care and services it provides. The customer’s animal’s data will not be shared with third parties outside of the Practice’s company group or any of its other veterinary practices.
• Complaints and standards
  • The Practice hopes to ensure that the customer never has recourse to complain about the standards of service it receives. However, if the customer feels there is something it wishes to raise, it should contact a Team Member who will address the customer’s concerns and may escalate the issue internally within the Practice as is appropriate. If the customer is not satisfied with the outcome of this process, it should direct its comments within twenty-eight (28) days in writing, to the address indicated on the Practice’s Website.  An acknowledgement will be sent by return and then a period will elapse while the case is investigated, and reports collated from the Team Member involved.  A reply in writing will follow, usually within twenty-eight (28) days although the period may be longer if the Practice’s manager or the Team Member involved are temporarily unavailable or delayed.
  • The Practice will not tolerate any aggressive, or abusive behaviour to any Team Member, Contractors, , or any other client of the Practice, whether at the Premises, during a Site Visit, online or on social media, or otherwise, at any time. Any representative of the customer behaving in such a way will be asked to leave the Practice’s Premises immediately and the customer may then be notified in writing that it must find alternative veterinary cover.
• Liability
  • The Practice carries appropriate levels of professional indemnity insurance in respect of its supply of the Services and/or Products to the customer pursuant to this Contract.
  • The restrictions on liability in this clause 17 apply to every liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
  • Nothing in this Contract shall exclude or limit either party’s liability for:
    • death or personal injury caused to a human being;
    • fraud or fraudulent misrepresentation; or
    • breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
  • Subject to clause 3, the types of loss listed in this clause 17.4 are wholly excluded by the parties:
    • loss of profits;
    • loss of sales or business;
    • loss of agreements or contracts;
    • loss of anticipated savings;
    • loss of use or corruption of software, data or information;
    • loss of or damage to goodwill; and
    • indirect or consequential loss.
  • The total liability of either party under or in connection with any Contract, howsoever arising, shall not exceed one hundred per cent (100%) of the total fees paid by the customer to the Practice in accordance with that Contract.
  • The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
  • The customer acknowledges and agrees that it is responsible for any damage (including as a result of any breach by the customer of the Contract) caused to the Practice’s vehicles, equipment or other property while its Team Members or Contractors are visiting the customer’s premises (or other relevant premises) or which the customer causes while at the Practice’s Premises.
• Data protection
  • Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 18 is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation.
  • The parties consider that the only Personal Data that will be Processed under the Contract will be the contact name and related contact details including physical addresses, email addresses of employees and representatives of the customer and of the Practice (“Communication Data”). Each party shall for the purposes of the Data Protection Legislation be regarded as a Controller for that Communication Data. The parties agree that the Processing of the Communication Data will be in accordance with Data Protection Legislation and then only for the purposes of performing the Contract.
  • If any other Personal Data is to be Processed by the parties under the Contract, then, the parties will agree and enter into a separate data processing agreement in respect of such Personal Data, in line with the Data Protection Legislation.
  • For the avoidance of doubt, the Practice may share the customer’s information, including Communication Data and/or Personal Data of the Practice’s employees, with third party debt collectors, who will use this Communication Data and/or Personal Data in relation to the recovery of outstanding payments from customer as described in clause 1. The Practice’s lawful basis for the sharing of such Communication Data and/or Personal Data shall be that it is in the Practice’s legitimate interest to secure payment from the Customer in relation to Services and/or Products the Practice has provided in accordance with the Contract.
• Intellectual property rights
  • All Intellectual Property Rights in or arising out of or in connection with the Services and/or the Products (other than Intellectual Property Rights in any materials provided by the customer) shall be owned by the Practice (to the extent they are not already owned by a third party).
  • The customer grants to the Practice a fully paid-up, non-exclusive, royalty-free non-transferable licence to copy and modify any materials provided by the customer to the Practice for the term of the Contract for the purpose of providing the Services and/or the Products to the customer.
• Termination
  • Without affecting any other right or remedy available to it, the Practice may terminate the Contract with immediate effect without cause or liability to the customer.
  • The customer may terminate the Contract by giving twenty-eight (28) days’ written notice to the Practice.
• Consequences of termination
  • On termination of the Contract:
    • At the Practice’s request, the customer shall immediately pay to the Practice all of the Practice’s outstanding unpaid invoices and interest and, in respect of Services and Products supplied but for which no invoice has been submitted, the Practice shall submit an invoice, which shall be payable by the customer immediately on receipt;
    • Subject to clause 1.1, the customer shall pay to the Practice all of the Practice’s outstanding unpaid invoices and interest and, in respect of Services and Products supplied but for which no invoice has been submitted, the Practice shall submit an invoice, which shall be payable by the customer, in accordance with clause 8.
    • The customer shall:
      • on receipt of a request pursuant to clause 1.1, immediately; or
      • otherwise, not later than the date on which they pay the relevant invoice pursuant to clause 1.2;

return all of the Products for which it has not fully paid. If the customer fails to do so, the Practice may enter the customer’s premises and take possession of them. Until the relevant Products have been returned, the customer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with the Contract.

• Termination of the Contract shall not affect any rights, remedies, obligations and liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
• Any provision of the Contract that expressly or by implication is intended to have effect after termination shall continue in full force and effect.
• The customer shall not, without the prior written consent of the Practice, at any time during the Contract or for [6 (six)] months after the termination or expiry of the Contract, solicit or entice away from the Practice, or employ or attempt to employ any person who is, or has been, engaged as an employee, consultant or sub-contractor of the Practice and was involved in the provision of Services or Products to the customer at any time in the 12 months prior to the customer’s solicitation, enticement, employment or attempted employment of the person. This clause 21.4 does not apply to any person employed by the customer as a result of a national advertising campaign open to all comers and not specifically targeted at any of the Practice personnel.

• Force majeure
  • Neither party shall be in breach of the Contract nor liable for delay in performing or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control, including (but not limited to) acts of God, flood, drought, earthquake or other natural disaster, epidemics or pandemics, terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent, collapse of buildings, fire, explosion or accident, any labour or trade dispute, strikes, industrial action or lockouts, non-performance by suppliers or subcontractors and/or interruption or failure of utility service (a Force Majeure Event).
• General
  • Assignment and other dealings
    • The Practice may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.
    • The customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of the Practice.
  • Notices
    • Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be:
      • delivered by hand or by pre-paid first-class post or other next working day delivery service, or otherwise by non-next working day delivery service:
        • for the customer, at its registered office (if a company) or its principal place of business (in any other case); and
        • for the Practice, at the Practice’s Premises; or
      • sent by email to the address specified:
        • for the customer, when it places the Order (or such email address as the customer may later specify in writing); and
        • for the Practice, as the Practice’s Email.
      • Any notice or communication shall be deemed to have been received:
        • if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; and
        • if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service; and
        • if sent by non-next working day delivery service, at 9.00 am on the fifth Business Day after posting or at the time recorded by the delivery service; and
        • if sent by email, at the time of transmission, or, if this time falls outside Typical Consulting Hours in the place of receipt, when Typical Consulting Hours resume.
      • This clause 2.3 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

 

• Severance

If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 23.3 shall not affect the validity and enforceability of the rest of the Contract.

• Waiver

A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.

• No partnership or agency

Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.

• Entire agreement
  • The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
  • Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misrepresentation based on any statement in the Contract.
  • Nothing in this clause shall limit or exclude any liability for fraud.
• Third party rights
  • These Conditions do not and no Contract agreed hereunder shall give rise to any rights of third parties under the Contracts (Rights of Third Parties) Act 1999.
  • The rights of the parties to rescind or vary these Conditions are not subject to the consent of any other person.
• Variation

Except as set out in these Conditions, no variation of the Contract shall be effective unless it is agreed in writing and signed by the parties (or their authorised representatives). The Practice reserves the right to change these Conditions at any time. A new version of the Conditions will be posted on the Practice’s Website and will take effect immediately upon posting. If the customer places an Order after the new Conditions come into effect, the customer will be deemed to have indicated its agreement to be bound by those new Conditions under any new Contract.

• Governing law

The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

• Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

 

Schedule 1 – Interpretation

Interpretation

1. The following definitions and rules of interpretation apply in these Conditions.

Definitions:

“Appointment” means a meeting with a Team Member at the Practice’s Premises.

“Business Day” means a day other than a Saturday, Sunday or public holiday applicable to the Practice’s home jurisdiction.

“Commencement Date” has the meaning given in clause 1.3.

“Conditions” has the meaning set out at the beginning of this document.

“Contract” means the contract between the Practice and the customer for the supply of Products and/or Services in accordance with these Conditions.

“Contractors” means any consultant, locum, student or other contractor or individual engaged by the Practice.

“Controller, processor, date subject, personal data, personal data breach, processing and appropriate technical measures” means as defined in the Data Protection Legislation.

 “Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive (2002/58/EC) (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

“Delivery” occurs when the Products arrive at the Delivery Location pursuant to clause 4.1.2 or, if earlier, when the Products are collected from the Practice by the customer pursuant to clause 4.1.1.

“Delivery Location” has the meaning given in clause 4.1.2.

“Due Date” has the meaning given in clause 4.2.1.

“Equine” means any horse or other member of the horse family which (acting reasonably) the Practice is willing to treat.

“Estimate” has the meaning set out at clause 10.1 of these Conditions.

“Farm Animals” means any animal kept for the production of food, wool, skins or fur or for the purpose of its use in the farming of land or the carrying on of any agricultural activity which (acting reasonably) the Practice is willing to treat.

“Force Majeure Event” has the meaning given to it in clause 22.

“Initial Consultation Fee” means the relevant initial fee relating to an Appointment or a Site Visit, as communicated to the customer by the Practice at the time it places an Order or at an appropriate alternative time by a Team Member.

“Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

“Medicines” means a pharmaceutical product for the treatment of an animal.

“Order” means the customer’s order for the supply of Products and/or Services, placed in accordance with clause 0.

“Out of Hours Initial Consultation Fee” means the relevant Out of Hours Initial Consultation Fee, as communicated to the customer by the Practice at the time it places an Order or at an appropriate alternative time by a Team Member.

“Out of Hours Fee” means the relevant Out of Hours Initial Consultation Fee and Surcharge, together with any applicable Visit Fee, as communicated to the customer by the Practice at the time it places an Order or at an appropriate alternative time by a Team Member.

“Out of Hours Services” has the meaning given at clause 13.2.

“Practice” has the meaning set out at the beginning of these Conditions.

“Practice’s Email” means the email address(es) communicated to the customer by the Practice, as may be updated from time to time on the Practice’s Website.

“Practice’s Premises”  means the location at which the Practice is based.

“Practice’s Website” means the Practice’s website at https://www.abercornvets.co.uk

“Products” means the products (or any part of them) set out in the Order, including Medicines.

“Services” means the services supplied by the Practice to the customer.

“Site Visit” means an appointment requiring at least one Team Member to attend at premises which are not the Practice’s Premises.

“Small Animals” means any animal which is not an Equine or Farm Animal and which (acting reasonably) the Practice is willing to treat.

“Standard Delivery Date” has the meaning set out at clause 4.2.2.

“Surcharge” means any relevant surcharge applicable to an Appointment, Site Visit, or Out of Hours Services, including those calculated, per Team Member, according to the relevant Standard Hourly Rate and/or Out of Hours Hourly Rate, as communicated to the customer by the Practice at the time it places an Order or at an appropriate alternative time by a Team Member.

“Team Member” means an employee, director or officer of the Practice or a member of its corporate group.

“Typical Consulting Hours” means the typical consulting hours communicated to the customer by the Practice, as may be updated from time to time on the Practice’s Website.

“VAT” means value added tax or any equivalent tax chargeable in the UK from time to time.

“Visit Fee” means the relevant visit fee, calculated as communicated to the customer by the Practice at the time it places an Order (or at an appropriate alternative time by a Team Member).

 

2. Interpretation:
   • A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
   • A reference to a party includes its successors and permitted assigns.
   • A reference to a statute or statutory provision is a reference to it as amended or re-enacted.
   • A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
   • Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
   • A reference to writing or written includes email but not fax.

1. These terms
   1. What these terms cover. These are the terms and conditions on which we supply our products and/or services to you.
   2. Why you should read them. Please read these terms carefully before you register your pet (or other animal) with and submit your order to us. These terms tell you who we are, how we will provide products and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
   3. Terminology. All references in these terms to our “typical consulting hours”, “out of hours” times, or any “visit fee”, “initial consultation fee” and/or “hourly rate” refer to the times and price structures communicated to you by us at the time you place an order or at an appropriate alternative time by a member of our team. Each “visit fee” is calculated as communicated to you by us at the time you place an order (or at an appropriate alternative time by a member of our team). Each “initial consultation fee” refers to the basic fee charged to you for the initial part of an Appointment or Site Visit (see clause 2.1 below).
   4. The animals we treat. All references in these terms to:
      1. “Equine” means any horse or other member of the horse family which (acting reasonably) we are willing to treat;
      2. “Farm Animals” means any animal kept for the production of food, wool, skins or fur or for use in the farming of land or the carrying on of any agricultural activity which (acting reasonably) we are willing to treat; and
      3. “Small Animals” means an animal which is not an Equine or Farm Animal and which (acting reasonably) we are willing to treat.
2. Information about us and how to contact us
   1. 1. 1. Who we are and how to contact us. We are Abercorn Veterinary Clinic of 175 Portobello High Street, Edinburgh, EH15 1EU. Our contact details are as provided at the time we accept your order, or as may otherwise be updated from time to time on our website.
         2. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us.
         3. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
   1. How long estimates are valid for. Any estimate from us is valid for 28 days starting with the date on which we communicate it to you. An estimate will be provided in writing and will indicate the probable costs of services and/or products required in order to pursue a course of treatment or surgical procedure. It is only indicative and should not be regarded as a fixed price. Additional costs which cannot be predicted at the outset may occur as treatments progress.
   2. How you place an order. You place an order with us:
      1. in respect of services, when you book:
         1. an appointment with a member of our team at our premises (an “Appointment”);
         2. a site visit requiring at least one member of our team to attend at premises which are not our premises (a “Site Visit”); or
      2. when you request:
         1. emergency cover from us; or
         2. the supply of another service from us; and
      3. in respect of products, when you ask us to supply the products to you.
   3. How we will accept your order. Our acceptance of your order will take place:
      1. 1. if you place an order over the telephone or online, when we email you to accept it or a member of our team otherwise indicates that we accept your order; or
         2. if you place an order in person at our premises, or during a Site Visit, when a member of our team agrees to it,
4. Our services
   1. What you will pay. When you order services from us in relation to your animal, you agree to pay:
      1. the relevant initial consultation fee and any applicable surcharge, including but not limited to those indicated by us in relation to Small Animals, Equine or Farm Animals , in respect of an Appointment; or
      2. the relevant initial consultation fee, visit fee, and any applicable surcharge, including but not limited to those indicated by us in relation to Small Animals, Equine or Farm Animals (and in particular those calculated according to the relevant standard hourly rate), per member of our team due to attend, in respect of any Site Visit; or
      3. the relevant price for the service agreed between you and us, and/or charged to us in relation to any out of hours services provided to you by a third party in accordance with clause 14 of these terms.
   2. When you cancel an Appointment or a Site Visit. If you cancel an Appointment or a Site Visit less than one (1) business day (i.e. any day which is not on a weekend or a public or bank holiday in [England and Wales][Scotland][Northern Ireland]) before its scheduled date, you agree to pay the relevant initial consultation fee and/or any applicable visit fee indicated by us in relation to Small Animals, Equine or Farm Animals.
   3. If your Appointment or Site Visit leads to further products and services being recommended. Your Appointment or Site Visit may lead to us recommending further treatment or products and/or services for your animal. If you place an order for further services and/or products in response to such a recommendation, it will be treated as a new order for the purposes of clause 2 of these terms.
5. Our products
   1. What we stock. We stock a range of products for all animals we treat, which may include Small Animals, Equine or Farm Animals (or particular species therein). We cannot guarantee that we will have any specific product in stock at any given time.
   2. What you will pay. When you order products from us, you agree to pay to us:
      1. the price quoted in any relevant estimate (as described in clause 1) from us; and
      2. any other relevant prices we communicate to you before you purchase the products.
6. Providing the products to you
   1. We are not responsible for delays outside our control. If our supply of any products is delayed by an event outside our control then we will contact you as soon as practicable to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for such delay, but if there is a substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
   2. Collection by you. You agree to collect the products from our premises at any time during our typical consulting hours.
      1. If you do not collect the products from us. If you do not collect the products from us as arranged we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange collection we may end the contract and clause 2 will apply.
   3. Delivery by us. We (or any carrier we may engage) will deliver the products specified in your order to such location as you and we may agree. The costs of delivery will be communicated to you before any such delivery is arranged. We will contact you with an estimated delivery date, which will be within [thirty (30)] days of the date on which we accept your order, unless otherwise indicated by a member of our team.
      1. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we (or any carrier we may engage) will leave you a note informing you of how to rearrange delivery or collect the products from a local depot (or, as required, our premises).
      2. If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot (or, as required, our premises) we (or any carrier we may engage) will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract and clause 22.2 will apply. If, as a result of any failure to re-arrange delivery, any products due to be delivered pass their expiry date, we will not be obliged to source and provide replacement Products (though we may, at our discretion, agree to do so). We will not in any circumstances be liable where such replacement products cannot be sourced, and we may end the contract and clause 22.2 will apply.
   4. When you become responsible for the products. The products will be your responsibility from the time you collect them from us, or from the time we deliver (or our carrier delivers) the product to the address you gave to us.
   5. When you own products. You own the products from the later of: when you become responsible for them under clause 4; and when we have received payment for them in full.
   6. Reasons we may suspend the supply of products to you. We may have to suspend the supply of products to:
      1. deal with technical problems or make minor technical changes; and/or
      2. update the products to reflect changes in relevant laws and regulatory requirements.
   7. Your rights if we suspend the supply of products. We will contact you in advance to tell you if we will be suspending supply of the relevant product, unless the problem is urgent or an emergency. If we have to suspend supply of any product, we will do what we can to provide a suitable alternative product. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than fourteen (14) days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
   8. We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 3) and you still do not make payment within fourteen (14) days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. As well as suspending the products we can also charge you interest on your overdue payments (see clause 8.4).
   9. We may provide the products in instalments. We may provide the products in instalments, which shall charged to and paid for by you separately. Each instalment shall constitute a separate order subject to these terms. Any defect in one instalment won’t entitle you to cancel any other instalment.
   10. When we can provide medicines and products with a hygiene seal. We can’t provide you with any medicines and/or products with a hygiene seal until you have paid all relevant prices for such products to us.
7. Your obligations
   1. Other things you agree to do. You agree to:
      1. co-operate with us, our team members and contractors in all matters relating to us providing the services and/or the products;
      2. tell us about and ensure that we, our team members and contractors have access to all relevant or required site access guidelines, biosecurity requirements and hazards, and such other information and materials as we may reasonably require in order to access any premises for a Site Visit, and ensure that such information is complete and accurate;
      3. provide us, our team members and contractors with access to your premises and other facilities (or where you don’t control those premises and/or other facilities, ensure that such access is provided by the relevant party in control of those premises and/or other facilities) as is reasonably required to provide the services and/or the products;
      4. provide us, our team members and contractors with all fully accurate information and materials (including information relating to the animal’s medical history and, where necessary, authorisation to contact other veterinary surgeons to obtain that medical history) as may reasonably be required to supply the services and/or the products;
      5. comply with any relevant guidelines in force in relation to the prevention of Covid-19, other diseases and illnesses;
      6. ensure your premises (or any relevant premises) are prepared in such a manner that we can supply the services and/or the products;
      7. comply with all applicable laws, including health and safety laws.
   2. What will happen if you do not give required information to us. We may need certain information from you so that we can supply our services or products to you, for example, the information referred to at clause 1 of these terms. If so, this will be notified to you before you place your order. We will contact you to ask for this information and may request authorisation to contact other parties such as veterinary surgeons to obtain it. If you do not give us this information or provide such authorisation within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may:
      1. 1. end our contract (and clause 2 will apply); or
         2. make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.We will not be responsible for supplying the services or products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it, or for any damages caused by you providing us with inaccurate information.
8. Price and payment
   1. We will pass on changes in the rate of VAT. All of our prices include VAT. If the rate of VAT changes between your order date and the date we supply the services and/or products, we will adjust the rate of VAT that you pay, unless you have already paid for the services and/or products in full before the change in the rate of VAT takes effect.
   2. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services and/or products we sell may be incorrectly priced. Where the services’ or products’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
   3. When you must pay and how you must pay. We may accept payment by cash, credit and debit card, or, where we expressly agree in writing, by bank transfer in full and cleared funds to a bank account nominated in writing by us. When you must pay depends on what product you are buying:
      1. For services, you must pay:
         1. before or when we provide them; or
         2. where we expressly agree in writing to provide an invoice in relation to the services, following receipt of an invoice from us.
      2. For medicines and/or products containing a hygiene seal, you must pay before or when you collect such products.
      3. For products not including medicines and/or products containing a hygiene seal, you must pay:
         1. before or when you collect them; or
         2. where we expressly agree in writing to provide an invoice in relation to the relevant products, following receipt of an invoice from us.
   4. We can charge interest if you pay late. If you do not make any payment to us by any due date as set out under clause 3 of these terms we may charge interest to you on the overdue amount at the rate of up to four percent (4%) a year above the Bank of England’s base rate from time to time but at up to four percent (4%) a year for any period when that base rate is below 0%. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
   5. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. Once the dispute is resolved we may charge you interest on correctly invoiced sums from the original due date.
9. Inability to pay
   1. What if you can’t pay? If, for any reason, you are unable to pay for any services and/or products pursuant to these terms, please discuss the matter with a member of our team as soon as possible and before any treatment or services take place or the collection of any products.
   2. Use of third party debt collectors by us. If you can’t pay for services and/or products after we have provided them to you under these terms, we are allowed to instruct a third party debt collector to recover the relevant payment from you.
10. Animal insurance
    1. Direct claims. If you settle an animal insurance claim directly with your insurer, this does not transfer liability for fees incurred to us. If at any point an insurer refuses payment for a direct claim, you will still be fully liable for all costs incurred. The insurance policy is a private agreement between you and your insurer. We cannot be involved in disputes over non-payment of insurance claims. We allow 30 days from completion of an insurance claim form to receiving settlement. Should the insurer not settle within that time period, you may be required to settle the outstanding fees in full in accordance with clause 8 of these terms.
11. Vaccination reminders
    1. It is your responsibility to check your animal’s vaccinations are up-to-date. Whilst we may make reasonable efforts to send out reminders for vaccinations, it is your responsibility to keep your animal’s vaccinations, including those required to obtain and/or maintain pet passports and/or other travel documentation, up to date. If you delay or fail to do so, and this causes us to restart a course of vaccinations, you will be responsible for any costs that are incurred in such regard.
12. Professional obligations
    1. Compliance with applicable laws and regulatory requirements. We confirm that we will provide all services and/or products in compliance with applicable laws and any regulatory requirements on us as a provider of professional veterinary medical services.
13. Medicines
    1. A veterinary surgeon may prescribe prescription only Medicines only for animals under their care. A prescription may not be appropriate if your animal is an in-patient or immediate treatment is necessary. You will be informed, on request, of the price of any prescription for medicine(s) that may be prescribed for your animal(s) and agree to pay all such fees in accordance with clauses 5 and 8 You are requested to give us three (3) business days’ notice for repeat prescriptions.
    2. We reserve the right, in our sole discretion, to refuse to provide prescription only medicines where you bring a prescription slip to us completed by a veterinary surgeon who is not a member of our team and we are unable to sufficiently verify the genuineness of that prescription slip.
    3. We cannot refund the cost of returned medicines. Unused medicines should be returned to us for safe disposal and we will charge for such disposal in accordance with clauses 4 and 8
14. Typical consulting hours, emergencies and out of hours in-patient care
    1. 1. When we are open. We may, subject to availability, provide Appointments and/or Site Visits during our typical consulting hours.
       2. We will exercise reasonable efforts to expediently meet the needs of your animal should an emergency arise outside of our typical consulting hours. This may, where appropriate, include us sourcing out of hours care from third parties. Where out of hours services are provided by a third party these terms shall apply to the provision of those services, unless the relevant third party provider requires you to enter into separate terms covering those services directly with that third party provider.If you require veterinary assistance or guidance outside of our typical consulting hours, call us and you will be directed to our out of hours services. Where we provide any out of hours services, you agree to pay us the relevant out of hours initial consultation fee and any applicable visit fee and/or surcharge (including those calculated at the out of hours hourly rate). Additional charges will be incurred in respect of any further treatment.
       3. If your animal needs to stay with us. If we accept your animal for hospitalisation at our premises overnight or over the weekend, the frequency of checks will be determined by the veterinary surgeon and other members of our team will then attend your animal as appropriate. If your animal is critically ill, continuous monitoring can be provided if deemed necessary. To the extent practicable, we will provide you with an estimate in respect of the fees for such inpatient care prior to that care commencing.
15. Second opinions and referrals
    1. Where you ask us for a second opinion. We will always ask for the details of your current veterinary surgeon if you ask us to see your animal to provide a second opinion. You consent to personal data such as your name and address/email address/telephone number being shared with your current veterinary surgeon to enable us to request your animal’s medical history.
    2. If we recommend a referral or consultation. From time to time, including for the provision of out of hours services, we may suggest referral to a specialist and/or outside consultants for a consultation, investigations or a procedure. If you decide to proceed with the referral, you consent to us passing your contact details on to the referral centre or consultant so they can contact you to arrange a mutually convenient appointment. The referral centre or consultant will then notify us of the appointment date and we will arrange for the medical records and any test result, radiographs or similar to be sent to that referral centre or consultant in advance of the appointment.
16. Ownership of records
    1. We may carry out investigations on your animal. If we do so we will own the resulting records at all times. You may view your animal’s clinical notes on request, and we will endeavour to provide you with access to those notes within a reasonable time following such a request, subject to any applicable charges under clause 4.1 of these terms. Copies of our records may be passed on, by request, to another veterinary surgeon should the need arise.
    2. We may use your pet’s clinical information. We may use your animal’s clinical information in an anonymised or pseudo-anonymised form, for activities including quality improvement, research and clinical audit. In this way, we aim to continually improve the care and services we give. Your animal’s data will not be shared with third parties outside of our company group or any of our other veterinary practices.
17. Complaints and standards
    1. If you want to make a complaint. We hope to ensure that you never have recourse to complain about the standards of service you receive from us. However, if you feel there is something you wish to raise, please contact a member of our team, who will address your concerns and may escalate it internally as is appropriate. If you are not satisfied with the outcome of this process you should direct your comments within twenty-eight (28) days in writing, to the address indicated on our website. An acknowledgement will be sent by return and then a period will elapse while the case is investigated, and reports collated from our team members involved. A reply in writing will follow, usually within twenty-eight (28) days although the period may be longer if our manager or the team members involved are temporarily unavailable or delayed.
    2. We will not tolerate any aggressive, or abusive behaviour to any member of our team, consultant, student or other contractor or individual engaged by us, or any of our other clients, whether at our premises, during a Site Visit, online or on social media, or otherwise, at any time. If you behave in such a way you will be asked to leave our premises immediately and you may then be notified in writing that you must find alternative veterinary cover.
18. Your rights to make changes
    1. If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 20).
19. Our rights to make changes
    1. Changes to the services and products. We may change the services and/or products:
       1. to reflect changes in relevant laws and regulatory requirements; and
       2. as notified to you at the time, to respond to any situation arising regarding your animal during an Appointment or a Site Visit.
    2. Changes to these terms. We may make changes to these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received. A new version of the terms will be posted on our website and will take effect immediately upon posting. If you place an Order after the new terms come into effect, you will be deemed to have indicated your agreement to be bound by those new terms under any new contract.
20. Your rights to end the contract
    1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
       1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 23.
       2. If you want to end the contract because of something we have done or have told you we are going to do, please refer to clause 2.
       3. If you have just changed your mind about the product, please refer to clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products.
       4. In all other cases (if we are not at fault and there is no right to change your mind), please refer to clause 4.
    2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clauses 2.1 to 20.2.4 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
       1. we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 2);
       2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
       3. there is a risk that supply of the products may be significantly delayed because of events outside our control; or
    3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought away from our premises, over the telephone or online you have a legal right to change your mind within 14 days and receive a refund.
       1. When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
          1. services, once these have been completed, even if the cancellation period is still running;
          2. medicines;
          3. products sealed for health protection or hygiene purposes
          4. products which are food or other items intended for current consumption; and
          5. any products which become mixed inseparably with other items after their delivery.
       2. How long do you have to change your mind? Where clause 3.1 of these terms doesn’t apply, how long you have to change your mind depends on what you have ordered:
          1. Have you bought services? If so, subject to clause 2 of these terms, you have fourteen (14) days after the day we confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind (and in accordance with clause 4.1 of these terms).
       3. Have you bought products?, If so you have fourteen (14) days after the day you (or someone you nominate) collect the products (subject to clause 2.1 of these terms).
    4. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 3), including where you buy products on our premises, you can still end the contract before it is completed but you may have to pay us compensation. A contract for products is completed when the product is collected and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) the amounts described at clauses 4 and/or 6 of these terms. To the extent that we agree to accept a return of any products you have collected, you agree to comply with clause 21.2.3.
21. How to end the contract with us (including if you have changed your mind)
    1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
       1. Phone or email. Call or email us on the number and email address provided at the time we accept you order, or as may otherwise be updated from time to time on our website. Please provide your name, home address, details of the order and, where available, your phone number and email address.
       2. By post. Print off the cancellation form below and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
    2. Returning products after ending the contract.
       1. If you end the contract by exercising your right to change your mind in accordance with clause 3, after products have been collected by or delivered to you, you must return them to us within 14 days of telling us you wish to end the contract.
       2. If you are ending the contract because we have told you of an upcoming change to the products or these terms, an error in pricing or description, a delay due to events outside our control or because you are exercising your legal rights to end the contract because of something we have done wrong then we will pay the costs of return in accordance with clause 3. You must either return the products in person to where you bought them, or post them back to us at the address provided at the time we accept your order, or as may otherwise be updated from time to time on our website (unless we otherwise agree to collect the relevant products from you). Please call or email us for a return label. Please note that we do not accept returns of any medicines or products containing a hygiene seal, as detailed further by clause 23.3
       3. In all other circumstances you must pay the full costs of return of any products.
    3. When we will pay the costs of return. We will pay the reasonable, direct costs of return postage (or otherwise arrange to collect the relevant products from you):
       1. if the products are faulty or misdescribed; or
       2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.In all other circumstances you must pay the costs of return.
    4. How we will refund you. We will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price, as described below.
    5. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
       1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted at our premises. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
       2. Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
    6. When your refund will be made. We will make any refunds due to you as soon as is reasonably possible. If you are exercising your right to change your mind then:
       1. If the products are products, your refund will be made within fourteen (14) days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
       2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
22. Our rights to end the contract
    1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
       1. you do not make any payment to us when it is due and you still do not make payment within fourteen (14) days of us reminding you that payment is due;
       2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services or products, for example, your animal’s medical history;
       3. you do not act in accordance with clause 7 of these terms;
       4. you do not, within a reasonable time, collect the products (or any part of them) from us;
       5. you act in breach of clause 2 of these terms; or
       6. there is an irremediable breakdown in trust between you and us such that, in our reasonable opinion, our ongoing provider-client relationship becomes untenable.
    2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract.
    3. You must pay all outstanding fees if you break the contract. If we end the contract in the situations set out in clause 1, you must pay all fees outstanding under clauses 8.3.1(ii) and/or 8.3.3(ii) of these terms without delay.
    4. You must return products you have not paid for. If we end the contract in the situations set out in clause 1, you agree to return, at no cost to us, all products provided to you under clauses 8.3.1(ii) and/or 8.3.3(ii) of these terms which you have not paid for.
23. If there is a problem with the product
    1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone or write to us at the number, email address and postal address provided at the time we accept your order, or as may otherwise be updated from time to time on our website. Alternatively, please speak to one of our team members at our premises.
    2. Our duty to you. We are under a legal duty to supply products that are in conformity with this contract. If you wish to exercise your legal rights to reject products please see clause 21 of these terms.
    3. Products manufactured by third parties. Where we supply medicines and/or any products containing a hygiene seal, you acknowledge that we cannot repair, replace or accept returns of such items save in accordance with clause 3. Where we supply products (including medicines and/or any products containing a hygiene seal):
       1. you may have additional manufacturer’s warranties in respect of some products and we encourage you to consider those terms carefully; and
       2. we may assist you in any reasonable arrangements to provide you with the benefit of any warranties made by a manufacturer of the products to us.
24. Our responsibility for loss or damage suffered by you, and your responsibility for loss or damage suffered by us
    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury to a human being caused to you by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and, to the extent they are manufactured by us and/or a company that is a member of our corporate group, for defective products under the Consumer Protection Act 1987.
    3. You do not exclude or limit in any way your liability to us where it would be unlawful to do so. This includes liability for death or personal injury to a human being caused to us, our employees, agents or subcontractors by you; or for fraud or fraudulent misrepresentation by you.
    4. When we are liable for damage to your property, and when you are liable for damage to our property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services. Similarly, you are responsible for any damage (including as a result of any breach by you of your contract with us) caused to our vehicles, equipment or other property while we are visiting at your premises (or other relevant premises) or which you cause when you are at our premises.
    5. We are not liable for business losses. We only supply the services and products to you under these terms for domestic and private purposes. If you use the services or products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    6. We are not liable where you could have avoided the loss. We will not be liable for any losses which you could have avoided by taking reasonable action. For example, if you fail to follow our or the relevant manufacturer’s instructions when using our products with your pet.
25. How we may use your personal information
    1. How we may use your personal information. We will only use your personal information as set out in our [Privacy Policy Link]
    2. Sharing your personal information with third party debt collectors. For the avoidance of doubt, we may share your personal information with third party debt collectors who will use that personal information to collect any outstanding payments from you in accordance with clause 2 of these terms. We will do this on the lawful basis that it is in our legitimate interest to secure payment from you in relation to services and/or products we have provided to you in accordance with these terms.
26. Intellectual property rights
    1. Intellectual property rights. All intellectual property rights in or arising out of or in connection with the services and/or the products (other than intellectual property rights in any materials you provide to us) shall be owned by us (to the extent they are not already owned by a third party). You agree to let us use all intellectual property rights in any materials you provide to us to enable us to provide the services and/or the products (and to obtain the appropriate permissions to allow us to do the same where such intellectual property rights are owned by third parties).
27. Other important terms
    1. We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within fourteen (14) days of us telling you about it and we will refund you any payments you have made in advance for services or products not provided.
    2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    3. Nobody else has any rights under this contract (except someone you pass your guarantee on to. This contract is between you and us. No other person shall have any rights to enforce any of its terms Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services and products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services and products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services and products in either the Northern Irish or the English courts.

Schedule 1

Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To Abercorn Veterinary Clinic of 175 Portobello High Street, Edinburgh, EH15 1EU, [email protected], 01316 693790

I hereby give notice that I cancel my contract of sale of the products and/or services, ordered on [INSERT DATE].

 

Name:             [INSERT YOUR NAME]

 

Address:          [INSERT YOUR ADDRESS]

 

Signature:       ……………………………………

 

Date:               ……………………………………