4.1 Price
(a) At the Vet’s sole discretion, the Price shall be either:
i) as indicated on invoices provided by the Vet to the Client in respect of Services supplied; or
ii) the Vet’s estimated Price (the final Price only being ascertained upon completion of the Services).
(b) Any written estimate given by the Vet shall expire 30 days after the date of the written quotation.
(c) Any variation from the plan of scheduled Services (including, but not limited to, any variation because of unforeseen complications during surgery or due to increases to the Vet in the cost of materials and labour) will be charged for in addition to the Vet’s estimate.
(d) The Vet shall endeavour to obtain the Client’s consent before proceeding with the amended Services where the estimated Price varies more than 10%. However, where the Client cannot be contacted, for whatever reason (including due to limitation in time to make the contact due to the nature of the Services being performed), the Client hereby authorises the Vet to act in the best interest of the Animal and undertake whatever procedures the Vet feels are necessary and appropriate to maintain the wellbeing and good health of the Animal.
(e) GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
4.2 Payment
(a) Payment shall be due on delivery of the Services. Time for payment for the Services shall be of the essence and will be stated on the invoice or any other forms. Payment will be made by cash, cheque, bank cheque, credit card, direct credit, or by any other method as agreed to between the Client and the Vet.
(b) Receipt by the Vet of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Vet’s ownership or rights in respect of the Goods and/or Animal shall continue.
4.3 Third Party Credit Arrangements
The Vet may, from time to time, provide clients with information regarding the opportunity to apply for credit through a third party credit provider. Any application for credit is made directly by the client to the third party credit provider, and approval or denial of credit is at the sole discretion of that provider. The Vet does not act as agent for, nor does it have any authority or obligation in relation to, any credit arrangement entered into between the client and the third party credit provider. Clients are solely responsible for making their own enquiries and assessing the suitability and terms of any credit offered by a third party prior to making an application. The Vet makes no representations or warranties regarding the appropriateness, suitability, or terms of any third party credit arrangement.
4.4 Vet Credit
(a) Credit will only be granted at the sole discretion of the Vet in emergency situations only and upon submission of a completed Application for Credit Form by the Client.
(b) Any credit granted may be revised or withdrawn by the Vet at any time and at its discretion.
(c) The Vet reserves the right to withdraw any credit facility at any time including upon any breach by the Client of these Terms or upon the Client being subject to any legal proceedings. The Client agrees that upon such withdrawal, any and all monies owing on the account shall become immediately due and payable.
4.5 Default
(a) In the event that the Client’s payment is dishonoured for any reason the Client shall be liable for any dishonour fees incurred by the Vet.
(b) If the Client defaults in their payment, the Vet may send the Client a default notice. The notice will outline what the default is, what is required to do to correct the default, and detail 3.3(c) below in the event payment not be received after 7 days. The Client will have 7 business days to rectify the default.
(c) If any account remains overdue after 21 days from the due date, an amount of the greater of $20.00 or 10% of the amount overdue (up to a maximum of $200.00) may be levied as an administration fee. This amount shall become immediately due and payable.
(d) Without prejudice to the Vet’s other remedies at law the Vet shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Vet shall, whether or not due for payment, become immediately payable in the event that any money payable to the Vet becomes overdue, or in the Vet’s opinion the Client will be unable to meet its payments as they fall due;
4.6 Costs
The Client shall pay or reimburse all costs and/or expenses incurred by the Vet in instructing a solicitor and/or debt collection agency to recover any amount overdue for payment and such costs and expenses shall bear interest as provided for in clause 4.6 from the date upon which they are paid or incurred by the Vet up to and including the date upon which the client shall pay or reimburse the Vet.
4.7 Interest
Interest will be charged on any overdue amounts at a rate equal to 5% per annum above the Reserve Bank of Australia’s published cash rate, calculated daily and compounding monthly until payment is received in full. after as well as before any judgment.
4.8 Unpaid Vet’s Rights
Where the Client has left any Animal with the Vet for Services and the Vet has not received or been tendered the whole of the Price, or the payment has been dishonoured, the Vet shall have a right to surrender the animal to an animal humane society (such as the RSPCA or The Animal Welfare League) within seven days.
