General Terms and Conditions KNMvD

Version: 2018
Filed with: District Court 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 medicines, providing advice and/or performing (veterinary) examinations.

Client: The owner and/or provider of the Patient on whose behalf the Veterinary Practice executes the Treatment Agreement.

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

Veterinarian: A person authorized under the Dutch Animals Act to practice veterinary medicine, registered accordingly, a member of the Royal Dutch Veterinary Association (KNMvD), performing veterinary work and/or supplying, selling, or administering medicines, and/or providing veterinary advice and services.

Veterinary Practice: The Veterinarian(s) as defined above, as well as the practice operated by the Veterinarian(s) with the use of all (auxiliary) persons, whether on an employment basis or otherwise, regardless of legal form or cooperation.

Patient: The animal(s) or groups of animals presented by the Client for treatment and/or for which medicines, advice, or other veterinary services are provided.

Article 2: Applicability

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

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

2.3 Additional or deviating terms apply only if the Veterinary Practice has explicitly agreed to them in writing.

Article 3: Formation of the Agreement

3.1 All offers and other statements by the Veterinary Practice are non-binding, unless expressly stated otherwise in writing.

3.2 The agreement between the Veterinary Practice and the Client is legally established only when confirmed in writing by the Veterinary Practice, or when the Veterinary Practice has begun performance and/or has supplied or administered the required medicines.

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

3.4 The Veterinary Practice has the right to refuse or accept under conditions the Treatment Agreement for a Patient if the Veterinary Practice believes the treatment has no or insufficient chance of success, unless legally or professionally obliged to perform the treatment.

Article 4: Content of the Agreement

4.1 The Treatment Agreement constitutes a best-efforts obligation, not a results obligation. The Veterinary Practice undertakes to perform the veterinary treatment, advice, and/or related supply and administration of medicines with due care.

4.2 The Veterinary Practice shall perform the work to the best of its ability and with the care expected of a competent practitioner.

4.3 The Veterinary Practice may engage third parties in carrying out the Treatment Agreement.

4.4 The Treatment Agreement may also consist of supplying and/or administering veterinary medicines, provided this is legally permitted and in accordance with Article 4.5. If the Client or third parties (including government bodies) administer such medicines, Article 8.8 also applies.

4.5 The involvement of the Veterinary Practice in the sale, delivery, and/or administration of veterinary medicines does not release the Client or third parties from their statutory obligations regarding administration, distribution, and record-keeping of such medicines.

Article 5: Early Termination of the Agreement

The Treatment Agreement can be terminated:

• At the explicit request of the Client, after being informed of possible consequences. If termination is against veterinary advice, it occurs at the Client’s risk.
• Upon the death of the Patient.
• By unilateral decision of the Veterinary Practice if continuation of treatment cannot reasonably be required due to lack of expected result.
• By unilateral decision of the Veterinary Practice if the relationship of trust with the Client has been severely disturbed.

If the Veterinary Practice terminates the agreement, it shall first inform the Client and explain its reasons unless this is not possible in time. Any fees due will be charged proportionally for work already performed, unless the work is indivisible, at the discretion of the Veterinary Practice.

Article 6: Fees and Payment

6.1 The Veterinary Practice determines its own rates based on time and circumstances; VAT is specified on the invoice.

6.2 Payment can be made in cash immediately after the service, unless agreed otherwise.

6.3 The Practice may require a prepayment before performing services and may withhold performance until payment is received, except where immediate treatment is legally required.

6.4 Non-cash payments must be made within 14 days of invoice date; administrative fees may apply.

6.5 Partial payments are applied to the oldest outstanding invoices first.

6.6 Late payment automatically places the Debtor in default; statutory interest applies.

6.7 The Debtor may not suspend or offset any payment obligations.

6.8 If collection becomes necessary, all associated legal and extrajudicial costs are payable by the Debtor.

6.9 If the Client fails to collect the Patient after treatment, any additional costs will be charged.

Article 7: Complaints

7.1 The Client must inspect the delivered goods or services immediately for visible defects or deficiencies.

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

7.3 Complaints must be reported within 30 days of completion of work or discovery of the defect. After this period, all rights to claim lapse.

7.4 If a complaint is justified, the Veterinary Practice may either correct the service within a reasonable period or credit the Client, at its discretion.

Article 8: Liability

General

8.1 Any liability of the Veterinary Practice and/or Veterinarian is limited to the amount paid by their liability insurance.

8.2 Indirect damages (such as loss of profit or business interruption) are excluded.

8.3 The agreement benefits only the Client; no third-party rights arise from it.

8.4 Outside the above cases, all liability is excluded.

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

Specific provisions

8.6 If a veterinary inspection is performed, the Veterinary Practice is not liable for any loss resulting from the inspection or report, unless due to intent or gross negligence.

8.7 Liability related to animal import/export certification is excluded; the Client indemnifies the Practice from third-party claims.

8.8 Exclusions do not apply in cases of intent or gross negligence, including cooperation with illegal trade.

8.9 The Practice accepts no liability for:
• damage from medicines administered by the Client or third parties;
• injury or side effects from such medicines;
• administrative errors by the Client or others.

These terms do not affect the Client’s strict liability for animal-caused damage under Dutch Civil Code Article 6:179.

Article 9: Ownership and Data

9.1 The Veterinary Practice retains ownership of all records, copies, and data (e.g., X-rays) related to the Patient and treatment.

9.2 Such data will be stored for five years; the Client may request copies at cost price.

9.3 The Practice processes personal data in accordance with applicable privacy laws.

Article 10: Special Provisions

Access to Facilities

10.1 If necessary, the Practice may restrict access to stables or treatment locations and impose conditions the Client must follow.

Scientific Research

10.2 The Practice may use parts or materials from the Patient for statistical or scientific research or publications, unless the Client has raised explicit objections. The Practice will inform the Client in advance where possible.

Article 11: Applicable Law and Dispute Resolution

11.1 Dutch law exclusively governs all agreements between the Veterinary Practice and the Client.

11.2 The competent court in the district where the Veterinary Practice is located has exclusive jurisdiction, without prejudice to the Practice’s right to choose another competent court.