All veterinary treatment conducted by Newcastle Equine Centre (“NEC”) shall be subject to the following Terms and Conditions (“Terms”) which bind the Owner of any horse or progeny which NEC is requested to provide treatment for.
1. Definitions
In these Terms:
“Agent” means an agent referred to in Clause 3, and in these Terms where the context permits, any reference to “Owner” shall also include reference to “Agent”.
“Claims” means all claims, investigations, demands, actions and proceedings whatsoever arising in any way from or in connection with any horse or progeny being exposed to or suffering from equine influenza or any other disease or any damage, infection, injury or death, or any related incident or matter, whilst at NEC premises or under the care and control of NEC or any of its employees, contractors and agents, or as a result of movement of the horse or progeny to or from NEC premises, whether under common law, equity or statute.
“Goods” means any pharmaceutical or veterinary product used to treat any horse or progeny.
“Liability” means any Claims, losses liability, cost, expense or penalty of any kind whatsoever (including legal costs on a full indemnity basis), whether contingent or not and including where the amount may not yet be ascertained.
“Services” means any form of veterinary services including any surgical, anaesthetic or diagnostic procedure, laboratory test, aid, advice or any other veterinary involvement in the treatment of any horse or progeny.
“Owner” means, where NEC has been requested to provide Services and/or Goods for a horse, any person (including a company, trust, partnership or other entity), or any officer, shareholder, trustee or beneficiary thereof, who may be the horse owner, part owner, lessee or part lessee, or the horse syndicate member or syndicate manager, or any other person, who is recognised as having a share in the ownership of the horse (whether jointly and/or severally, where there is more than one person).
2. Acceptance of Terms
The Owner accepts that these Terms apply to all request for Good and Services given to NEC, and that any other terms inconsistent with these Terms are waived, unless otherwise expressly agreed in writing by NEC.
The Owner requesting the treatment for the horse or progeny warrants to NEC they have the full power and authority to accept these Terms.
3. Agent
The Owner acknowledges that their Agent, who may be a thoroughbred racehorse trainer or an agistment farm or any other person who has been appointed as agent of the Owner or who has custody and control of any horse or progeny of the Owner, has full power and authority to obtain all Goods and Services for such horse and progeny, and that the Owner will be responsible for prompt payment of all accounts rendered by NEC to the Owner for same.
In the event that Goods and Services are obtained by an Agent on behalf of the Owner, the Agent unconditionally guarantees the full and prompt payment to NEC of all charges under these Terms as well as the full and prompt performance by the Owner of any and all other obligations in these Terms. The Agent shall be personally liable and jointly and severally liable with the Owner to pay all monies owed to NEC under these Terms. The foregoing guarantee and warranty shall remain in effect regardless of whether the Agent no longer retains status as an agent of the Owner after these Terms are accepted.
4. Charges and Fees
The Owner acknowledges that the fees for all Services and Goods provided by NEC shall be incurred at the ruling price list of NEC applicable at the time of delivery, unless otherwise expressly agreed in writing by NEC.
The Owner acknowledges that any estimate of charges for Goods and Services provided by NEC is an estimate only and that the actual charges may be higher because of unforeseen circumstances.
5. GST
All prices are exclusive of GST or any other sales or value added tax and the Owner is liable to pay all such tax on any taxable supply by NEC under these Terms. NEC must provide a tax invoice to the Owner.
6. Invoice and Payment Terms
NEC will provide a detailed invoice/statement for the provision of Services and the supply of Goods, at its discretion, at or around the month end and/or at the time of discharge.
The Owner acknowledge that a deposit of 10% of the estimate is payable at the time of admission and the full balance is payable at the time of discharge, unless otherwise expressly agreed in writing by NEC.
If any amount is not paid in full at discharge, then standard trading terms are strictly 30 days net from the invoice/statement date.
The Owner is not entitled to raise a set off or counter claim in respect of any amount it owes to NEC and all amounts to be paid by the Owner under these Terms will be paid in full without deduction or withholding.
7. Provision of Credit
In the event that the Owner does not make full payment to NEC of all amounts owed at the time of provision of the Goods and/or Services, then any credit provided by NEC shall be strictly in accordance with these Terms and, where a formal application for credit is made by the Owner with NEC, in accordance with the terms of that credit application.
8. Default in repayment
In the event of any default by the Owner in paying any amount due to NEC under these Terms on the due date, the Owner agrees that NEC is immediately entitled to do any or all of the following:
i) Suspend provision and delivery of any further Goods and Services until all outstanding moneys have been paid in full;
ii) Charge the Owner an administration fee of $50 for any month or part month in which moneys remain overdue for payment, which shall be charged on the first day of any such month;
iii) Charge the Owner interest at the rate of 1% per month on the unpaid amount calculated on a daily basis from the due date for payment until the date of payment in full; and
iv) recover from the Owner all reasonable costs, expenses, legal fees and any other collection costs incurred by NEC incidental to recovering moneys owing.
9. Personal Property Securities Act 2009 (“PPSA”)
Security agreement
9.1 These Terms constitute a security agreement for the purposes of the PPSA.
9.2 The Owner acknowledges that the security interest created by virtue of these Terms, is granted for value and is granted to enable the horse to be fed and/or developed.
9.3 The Owner acknowledges that the progeny is deemed to have come into existence, for the purposes of the Act, from the time of the 45 day positive pregnancy test.
9.4 As security for fees and other monetary obligations the Owner grants to NEC a security interest in the horse and/or its progeny (“Collateral”).
9.5 NEC will register a financing statement with the Personal Property Securities Register (“PPSR”) and the Owner undertakes to:
(a) Sign any further documents and/or provide any further information requested by NEC to complete and register the financing statement or the financing change statement with the PPSR; and
(b) Indemnify, and upon demand reimburse, NEC for all expenses incurred in searching, registering and/or discharging a financing statement with the PPSR and any reasonable enforcement fees of the security agreement.
9.6 The Owner agrees to provide to NEC notification in writing of any change of the Owner’s details (including but not limited to, changes in address, facsimile number, or business practice) within fourteen (14) days of such change.
9.7 The Owner guarantees that it will not grant another security interest to another person or entity without first providing fourteen (14) days written notice to NEC of its intention to grant another security interest in the Collateral.
9.8 The Owner waives its rights as a debtor under sections 95, 120, 121(4), 123(2), 129(2), 130, 132(3)(d), 132(4), 135 and 137(2) of the PPSA.
Rights to dispose of Collateral if fees unpaid
9.9 In the event that:
(a) NEC retains possession of the Collateral;
(b) A fee or monetary obligation is due to NEC;
(c) NEC has made demand in writing of the Owner for payment of the fee or monetary obligation;
(d) NEC has not received the fee or monetary obligation in accordance with the timeframe specified in the demand;
then the Owner acknowledges and agrees that NEC may exercise any of the following at its discretion:
(e) Retain possession of the Collateral and have the ownership transferred to NEC; or
(f) Dispose of the Collateral and may retain all or part of the proceeds of the disposal in payment of the fee or monetary obligation.
9.10 In the event that:
(a) The Owner has possession of the Collateral;
(b) A fee or monetary obligation is due to NEC;
(c) NEC has made demand in writing of the mare owner for payment of the fee or monetary obligation; and
(d) NEC has not received the fee or monetary obligation in accordance with the timeframe specified in the demand;
then, the Owner acknowledges and agrees that NEC is entitled to seize the Collateral pursuant to section 138C of the PPSA.
Other provisions
9.11 The Owner waives its rights under s157 of the PPSA to receive a verification statement due to the Collateral being commercial property as defined in the PPSA.
9.12 The Owner agrees not to enter into a sale, assignment or transfer, without the consent of NEC. Any such purported transfer will be in default of these Terms. NEC agrees that it will not unreasonably withhold its consent upon full payment of the fee or monetary obligation.
9.13 The Owner acknowledges pursuant to section 86(1) of the PPSA that at the time the security interest is made that:
(a) it is granted for value;
(b) it is granted to enable amongst other things for the Collateral to be fed and developed; and
(c) the Collateral was held by the Owner.
10. Hold Blameless Acknowledgement – Release and Indemnity
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 any losses arising as a result.
The Owner acknowledges and agrees that they have been given the opportunity to inspect NEC’s facilities and that these facilities meet the standard applicable to equine veterinary facilities in the industry and that NEC will be held blameless in respect to any damage, injury, infection, disease or death sustained by any horse or progeny in its care or at its premises.
The Owner releases NEC and its employees, contractors and agents from and against any Claims and agrees to indemnify and keep indemnified NEC against any Liability incurred in relation to any Claims relating to the horse or progeny.
Further, NEC shall not have any Liability to the Owner for any Claim relating to the horse or progeny which may arise notwithstanding the same is or may be wholly or partly attributable to any reckless or negligent act or omission by NEC or any of its employees, contractors and agents.
11. Consumer Rights Not Affected
NEC acknowledges that:
i) the Owner may have consumer rights or other rights under the Australian Consumer Law which are additional to provisions in these Terms and which cannot be changed; and
ii) under the Australian Consumer Law, goods and services are purchased with consumer guarantees that cannot be excluded under the Australian Consumer Law.
For more information about rights as a consumer, the Owner should contact its local consumer affairs or fair trading department.
12. Exclusion of Implied Terms and Special Damages
To the extent permitted by law:
i) the rights and remedies set out in these Terms are exclusive and are in lieu of all other rights and remedies relating to provision of the Goods and Services, whether oral or written, express or implied;
ii) all implied warranties, terms or conditions are expressly excluded;
iii) NEC does not accept liability for any special, indirect or consequential damages that may arise under these Terms or from provision of the Goods and Services, whether due to breach of contract, breach of statute, strict liability, negligence or otherwise on the part of NEC or any of its employees, contractors or agents, including any loss of profit or goodwill or any other financial or business loss or damage; and
iv) NEC’s aggregate liability under these Terms, whether based on breach of contract, breach of statute, strict liability, negligence or otherwise, including liability for its employees, contractors or agents, shall be limited to the total amount paid by the Owner to NEC in respect of the Goods and Services giving rise to the liability.
13. Guarantee
If required by NEC, any Owner being a corporation agrees that it will procure the execution of the Directors Guarantee below by the directors of the Owner in order to guarantee the obligations of the Owner under these Terms.
14. Notices
All notices between NEC and the Owner shall be in writing and shall be considered to have been sufficiently delivered if sent by mail or facsimile or email to the address of the recipient as notified in writing by the recipient. Notices shall be deemed to have been delivered in the case of post, two days after mailing, and in the case of facsimile or email, upon completion of the transmission.
15. Governing Law
The law of New South Wales governs these Terms and the parties submit to the jurisdiction of that State.
16. Severance
If for any reason any part of these Terms is rendered ineffective, void, voidable, illegal or unenforceable, that part shall, without in any way affecting the validity of the remainder of the Terms, be severed such that these Terms shall be construed and take effect for all purposes as if that part were not contained herein.
17. Waiver
Any failure or delay on the part of NEC at any time to enforce any provision of these Terms shall not be construed as a waiver by NEC of any of its contractual rights or a waiver of any other breach of such provision.
Newcastle Equine Centre is committed to ensuring that your privacy is protected. Information we collect will only be used in accordance with this privacy statement and the Data Protection Act 1998.
This policy explains how we collect your personal information, what we do with it, and how it is protected.
Types of Information Collected and Held
For the purpose of providing veterinary services to your horse, the personal information we may collect the following information:
• Name and contact details (including residential address and postal address, email address and telephone number),
• Horse ownership details, and
• Insurance details (if applicable) for the treatment of you horse.
How Personal Information is Collected and Held
How we collect Client information
Normally we collect personal information directly. We may collect your personal information:
• During conversations with our staff (by phone, in person or electronically), or
• When you present your horse for treatment and complete registration forms or other documentation.
How we hold your personal information
All of our customer information is stored in our electronic internal database servers that is controlled by Newcastle Equine Centre.
If you provide information to us electronically (i.e. email), we transfer this information onto our internal servers. Personal Information collected in hard copy (paper) form will be converted to electronic form. We use password protection and other measures to ensure that personal information stored in electronic form is protected from misuse, interference and loss; and from unauthorized access, modification and disclosure.
Purposes for Collecting, Holding, Using and Disclosing Personal Information
The main purposes for which we collect, hold and use your personal information are:
• To register you and your animal’s details on our practice management system
• To communicate with you about your animal’s health and treatment
• For scheduling purposes such as appointments
• For purposes of administering billing and debt recovery
We may collect, hold, use and disclose personal information for other professional and lawful purposes explained at the time of collection, and only if we have your permission.
Accessing and Seeking Correction or Destruction of Personal Information
Accessing Personal Information
You are entitled to access your personal information held by Newcastle Equine Centre on request. To request access to your personal information, please contact us using the contact details set out below under ‘Contact Us’.
Updating Personal Information
Newcastle Equine Centre will endeavor to keep your personal information accurate, up-to-date and complete. You can assist us with this by letting us know if you notice errors or discrepancies in information we hold about you and letting us know if your details change.
If you consider any personal information we hold about you is inaccurate, out-of-date, incomplete, irrelevant or misleading you are entitled to request correction of the information. After receiving a request from you, we will take responsible steps to correct your information.
Destruction of Personal Information
Newcastle Equine Centre take responsible steps to destroy or permanently de-identify your personal information where it is no longer required. Personal Information which forms part of our Veterinary’s treatment records must be maintained in accordance with legislative and professional requirements.
Complaints About Handling of Personal Information
If you have any questions or concerns about this Privacy Policy or how your personal information has been handled by Newcastle Equine Centre, you may contact us at any time. The contact details for Newcastle Equine Centre are set out below under ‘Contact Us’.
If you are not satisfied with our response to a complaint, or you consider that Newcastle Equine Centre may have breached the Australian Privacy Principals or the Privacy Act, you are entitled to make a complaint to the Office of the Australian Information Commissioner.
The Office of the Australian Information Commissioner can be contacted by telephone on 1300 363 992. Full contact details for the Office of the Australian Information Commissioner can be found at www.oaic.gov.au.
Changes to our Privacy Policy
Newcastle Equine Centre reserves the right to change this policy from time to time by updating this page. This policy was published on the 27th of July, 2018. This version is the first Privacy Policy we have published, therefore there has been no changes as of yet.
Contact Us
Newcastle Equine Centre
Telephone: 4927 6135
Email: nec@newcastleequine.com.au
Bills and Payments
If you believe that you have been incorrectly charged on your invoice, please contact us on the number listed below under ‘Contact Us’, and we can discuss further steps to easing your enquiry.
Medical Products
Newcastle Equine Centre is not required to provide a refund or replacement if you change your mind for products purchased at this clinic.
Faulty or unusable medical products need to be brought back to us so that we can dispose of them properly, in a place and manner that is not likely to constitute any risk.
In the case of a you wanting to return a faulty or unusable medical product, (if the product is unused) a refund or an exchange may be organized but this will be determined on a case by case basis.
Services We Provide
Refunds for consults, examinations and surgical procedures are unavailable. For any dispute over services provided, please contact the practice manager to discuss any issues.
Contact Us
Newcastle Equine Centre
Telephone: 4927 6135
Email: nec@newcastleequine.com.au