Hunter Equine Vet (“HEV”) Terms & Conditions

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All treatment conducted by Hunter Equine Vet shall be subject to the following Terms and Conditions which bind every Owner of an animal jointly and severally. The Owner providing instructions and obtaining treatment warrants they have the full power and authority to accept these Terms and Conditions.

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1. Appointment of Agent
If applicable, the Owner acknowledges that they have appointed a thoroughbred racehorse trainer registered with Racing New South Wales or an agistment Farm as their agent. The Owner further acknowledges that any thoroughbred racehorse trainer or agistment Farm who has custody and control any of the Owner’s horses has the power and authority to obtain all veterinary treatment for that horse or horses on the Clients behalf and that the Owner will be responsible for prompt payment of all accounts rendered by HEV to the Owner in respect to that veterinary treatment.

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2. Provision of Credit
Payment is required at consultation by HEV unless HEV has agreed to an individual payment term with the client/owner.

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3. Invoices/Statements
HEV will provide a detailed invoice/statement for the provision of service/s and the supply of goods as near as possible to consultation or at the end of the month.

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4. GST
All services are charged inclusive of GST.

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5. Payment Terms
5.1 Interest of 1.25% per month will accrue from the expiry of that period, calculated daily and applied to all late payments. Interest will accrue from day to day and will be payable on demand. The payment of interest by the Owner in respect of any late payment under this clause 5 is in addition to any other remedies that HEV may have in respect of such late payment.

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6. Recovery
HEV shall be entitled to sue for and recover against the Owner any service fee charge on the Owner’s account as liquidated demand and the Owner agrees that in the event of default the Owner will pay all reasonable costs, charges, legal expenses, and any other collection agents costs necessary and incidental to recovering monies recovered under this agreement.

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7. Hold Blameless Acknowledgement – Release and Indemnity
7.1 The Owner acknowledges that the provision of veterinary treatment to horses and other animals is a high-risk activity and that the Owner is able to insure against such losses.
7.2 The Owner acknowledges and agrees that they have been given the opportunity to inspect HEV and that its facilities meet the standard applicable to the equine veterinary facilities of the industry, and that
7.3 HEV will be held blameless in respect to any injury, infection, disease or death of any horse in its care.
7.4 The Owner releases HEV, its owners, partners, employees and agents of it from any Claims and agrees to indemnify and keep indemnified HEV against any liability or loss arising from, and any costs, charges, expenses and liabilities incurred in relation to any Claims relating to the horse or progeny and in each case, including but not limited to, solicitor client, legal costs and expenses on a full indemnity basis.
7.5 Further HEV shall not be liable for any loss, damage or Claims of whatsoever nature or howsoever arising from injury, sickness, disease or death caused to or sustained by the horse or progeny whilst under the care or control of HEV or its employees and agents.
7.6 HEV shall not be liable to the Owner (in the case of more than one, to any of them) for any Claims, loss, damage, costs or expense and arising out of any injury, damage or death which may arise or be caused and notwithstanding the same as attributable to or is in part attributable to recklessness, negligence, forbearance or neglect by HEV or any servant or agent of HEV.

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8. Acknowledgements
8.1 The Owner understands and acknowledges that:
(a) The Owner warrants that the correct horse or animal is presented to HEV.
(b) The Owner is not entitled to raise a set off or counter claim in respect of any amount it owes to HEV and all amounts to be paid by the Owner under this agreement will be paid in full without deduction or withholding.
(c) The Owner acknowledges the fact that a party fails to do, or delays in doing, something the party is entitled to do under these terms and conditions does not amount to a waiver.
(d) The Owner authorises HEV to administer local, general anaesthetic, perform surgery and carry out diagnostics procedures.
(e) The Owner acknowledges that no surgical, anaesthetic procedure or diagnostic procedure is without come risk to the horse. The Owner accepts all potential risks including any complications that may develop as a result of this procedure and accept that such complications may incur additional fees. The Owner acknowledges that there is potential for complications following any surgical procedure. 
(f) The Owner understands treatment of the horse may involve the use of drugs that are not specifically registered for horses, accept the veterinarian has the legal authority for off-label use of these drugs & authorise them to use these drugs if deemed appropriate.

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9. Law
The Law of New South Wales governs this agreement and the parties submit to the jurisdiction of that state.

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10. Severance
If for any reason any part of these terms and conditions would render the Agreement ineffective, void, voidable, illegal or unenforceable, that part shall, without in any way affecting the validity of the remainder of the Agreement, be severable here from and the Agreement shall be read and construed and take effect for all purpose as if that part were not contained herein.

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11. Implied Terms
11.1 Except as required by statute and including the Competition and Consumer Act 2010), all implied conditions and warranties are hereby excluded. Subject to the extent that such conditions and warranties cannot be excluded under statute (including the Competition and Consumer Act 2010)
11.2 Except as required by statute (including the Competition and Consumer Act 2010) HEV does not accept liability for any direct, indirect or consequential loss of damage caused to the Owner or any other person which arises out of the negligence or carelessness of HEV or any of its employees, servants or agents. For the purpose of the foregoing “consequential loss” shall include, but not be limited to, loss of profit or goodwill (or similar financial loss), any payment made or due to any third party and any loss or damage caused by delay in the supply of goods or services.

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12. Notices
All notices between HEV and the Owner shall be considered to have been sufficiently delivered if mailed in the ordinary course of post and will be deemed to have been delivered three (3) days after mailing to the address provided, or such other address notified to HEV by the Owner in writing, or if the Owner is a company, the registered office or principal place of business. In the case of email, notices shall be deemed to have been delivered the next business day after the successful transmission of an email addressed to the Owner at the Owner’s email address provided or such other address notified to HEV by the Owner in writing notwithstanding that any such notice may not be received by the Owner.