General Terms and Conditions KNMvD

Version: 2018
Filed with: District Court of Midden Nederland under number 22/2008

Article 1: Definitions

Treatment Agreement: the agreement (contract for services) between the Veterinary Practice and the Client for performing veterinary treatments, supplying and/or administering medications and/or providing advice and/or performing (veterinary) examinations.

Client: the owner and/or the person presenting the Patient on whose behalf the Veterinary Practice carries out the Treatment Agreement.

Debtor: the person in whose name the invoice of the Veterinary Practice is issued.

Veterinarian: the person who, under the Dutch Animals Act, is authorized to practice veterinary medicine and is registered accordingly, who is a member of the Royal Dutch Veterinary Association (KNMvD), and who performs veterinary procedures and/or supplies, sells, or administers medications and/or provides other veterinary advice and services on behalf of the Client.

Veterinary Practice: the Veterinarian(s) as defined above, as well as the practice that the Veterinarian(s) operate with the help of all (auxiliary) persons, including but not limited to veterinarians, assistants, laboratory technicians, etc., whether or not employed under an employment contract, in any legal form or cooperation.

Patient: the animal(s) presented for treatment by the Client, or the animal(s) for which medications are supplied and/or administered and/or veterinary advice and services are provided.

Article 2: Applicability

2.1 These General Terms and Conditions apply to all offers and agreements, including Treatment Agreements, between the Veterinary Practice and the Client, in which the Veterinary Practice supplies goods and/or services of any kind, unless explicitly and in writing agreed otherwise.

2.2 Any general terms and conditions used by the Client do not apply and are expressly rejected by the Veterinary Practice.

2.3 Additional and/or deviating conditions only apply if the Veterinary Practice has explicitly agreed to these conditions in writing.

Article 3: Formation of the Agreement

3.1 All offers and other statements by the Veterinary Practice regarding the conclusion of an agreement are non-binding, unless otherwise indicated in writing by the Veterinary Practice.

3.2 The agreement between the Veterinary Practice and the Client is only legally concluded once it has been confirmed in writing by the Veterinary Practice, or when the Veterinary Practice has commenced execution of the agreement and/or has supplied or administered the medications.

3.3 If an offer does not lead to a final agreement, the Veterinary Practice is entitled to charge the Client for all costs incurred in preparing the offer.

3.4 The Veterinary Practice has the right to refuse or accept under conditions the Treatment Agreement regarding a Patient if they believe that treatment has no or insufficient chance of success, unless legally or ethically obliged to treat the Patient.

Article 4: Content of the Agreement

4.1 The Treatment Agreement is not an obligation to achieve a specific result but an obligation to perform to the best ability in providing veterinary treatment and/or advice and the supply and/or administration of medications.

4.2 The Veterinary Practice performs the agreed work to the best of its ability and with due care.

4.3 The Veterinary Practice may use third parties when carrying out the Treatment Agreement.

4.4 The Treatment Agreement may also include the supply and/or administration of veterinary medicines by the Client themselves, when legally permitted. In such cases, Article 8.8 also applies.

4.5 The involvement of the Veterinary Practice in the sale, supply, and/or administration of medications does not relieve the Client or third parties of any legal obligations regarding the administration and recording of such medications.

Article 5: Premature Termination

5.1 The Treatment Agreement may be terminated prematurely by:

• an explicit request from the Client, where the Veterinary Practice may inform the Client of possible consequences and request a written statement if termination goes against the Veterinarian's advice;
• the death of the Patient;
• a unilateral decision by the Veterinary Practice if continuation of treatment is unreasonable due to insufficient chance of success;
• a unilateral decision by the Veterinary Practice if trust between the Practice and Client is severely disrupted.

5.2 If the Veterinary Practice terminates the agreement, they will inform the Client and explain the reasoning, unless impossible.

5.3 In case of premature termination, the Client will be charged proportionally for work already performed, unless the work is indivisible.

Article 6: Rates, Fees and Payment

6.1 The Veterinary Practice determines its tariffs and fees based on its own rates according to time and circumstances. VAT is stated on the invoice.

6.2 Payment must be made immediately after treatment unless otherwise agreed.

6.3 The Veterinary Practice may require an advance payment before starting treatment.

6.4 For non-cash payments, a payment term of 14 days applies.

6.5 Partial payments are allocated to the oldest outstanding invoice.

6.6 If payment is not made on time, the Debtor is automatically in default and statutory interest is due.

6.7 The Debtor may not suspend obligations or apply set-off.

6.8 In case of collection measures, all judicial and extra-judicial costs are borne by the Debtor.

6.9 If the Client does not collect the Patient on time after treatment, additional costs may be charged.

6.10 Payments are first allocated to costs, then interest, then the oldest invoice.

Article 7: Complaints

7.1 The Client must immediately inspect the delivered goods or performance for defects.

7.2 If the Veterinary Practice applies the KNMvD Complaints Regulation, the Client may use it. If not stated on the Practice’s website, it does not apply unless confirmed upon request.

7.3 Complaints must be submitted within 30 days after completion of the service or discovery of the defect. After this period, all claims expire.

7.4 If a complaint is found valid, the Veterinary Practice may:

a. remedy the issue within a reasonable period; or
b. credit the amount due;
at the Practice’s discretion.

Article 8: Liability

General

8.1 If the Veterinary Practice or Veterinarian is liable, such liability is limited to the amount paid by their liability insurance.

8.2 Indirect damages—such as consequential loss, lost profit, or business interruption—are excluded.

8.3 The agreement is executed solely for the Client; third parties cannot derive rights from it.

8.4 Aside from the mentioned cases, all liability is excluded.

8.5 The Client indemnifies the Veterinary Practice against all third-party claims resulting from execution of the agreement.

Special Provisions

8.6 If a veterinary examination (keuring) is performed, the following apply:

8.6.1 The Veterinarian is not liable for damages—including consequential damages—resulting from the examination or inaccuracies in the report, unless due to intent or gross negligence.

8.6.2 Only the Client has a right of claim regarding the report.

8.6.3 Liability is limited to the amount covered by insurance.

8.6.4 If discrepancies are suspected, the Client must report this in writing within a reasonable time to all involved parties; otherwise, claims expire.

8.6.5 Dutch law applies, and only Dutch courts have jurisdiction.

8.6.6 If the Client is not the owner, they guarantee that the owner has given permission.

8.6.7 These conditions apply even if the Client has not signed the report.

8.7 If services relate to import or export of animals, including issuing health certificates, liability is excluded.

8.8 This exclusion does not apply in cases of intent or gross negligence.

8.9 Unless caused by intent or gross negligence, the Veterinary Practice excludes liability for:

• damage resulting from administration of medications by the Client;
• administration by third parties (including government agencies);
• injury or harm caused by such administration or side effects;
• administrative errors and related evidentiary issues.

The agreement does not affect the Client’s strict liability for damage caused by their animal (Article 6:179 Dutch Civil Code).

Article 9: Ownership and Data

9.1 The Veterinary Practice retains ownership of copies, documents, and information carriers such as X-rays at all times.

9.2 These are stored for 5 years. Copies can be provided against cost reimbursement.

9.3 Personal data is processed according to applicable privacy laws.

Article 10: Special Conditions

Access to Stables / Work Location

10.1 If required for treatment, the Veterinary Practice may deny access to the stables or treatment location and the Client must comply.

Scientific Research

10.2 The Veterinary Practice may use materials from the Patient for statistical or scientific research or publications, unless the Client objects in advance.

Article 11: Applicable Law and Dispute Resolution

11.1 Dutch law applies exclusively.

11.2 Disputes are handled by the court district where the Veterinary Practice is located, unless otherwise required by law.