1. Definitions
1. Animal means any Animal owned by the Client and which is presented to the Vet for treatment and any other Services.
2. Client/s means the owner of the Animal (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorisation or other form as provided by the Vet to the Client to whom the Services are provided.
3. Goods means the veterinary products and or related medical goods provided by the Vet, including but not limited to medication, specialty food, medical supplies, and/or equipment.
4. GST refers to the Goods and Services Tax under the Goods and Services Act 1999 (“GST Act”) and the terms used herein have meanings contained within the GST Act.
5. Client Form means the form on page one of this document.
6. Premises means the premises where the Services are being provided which may include 130 Shannon Ave, Geelong West VIC 3218, 18 Barrabool Road, Highton VIC 3216, or 75 Forest Road, Lara VIC 3212.
7. Price means the Price payable for the Services as agreed between the Vet and the Client in accordance with clause 4.1 these Terms.
8. Services means all veterinary care services supplied by the Vet to the Animal and Client and includes any advice or recommendations.
9. Vet means Tiernan Veterinary Holdings Pty Ltd as Trustee for the Tiernan Business Trust trading as ‘Vets of Geelong’ and ‘Vets of Geelong, Highton Vet’, Maple & Zuma Pty Ltd trading as ‘Vets of Geelong, Lara Vet’, Ralph and Paddy Pty Ltd trading as ‘Vets of Geelong, Geelong West’, or any other entity trading as Vets of Geelong (or similar), at any Premises or location (including but not limited to those listed above) where services are provided from time to time.
2. Acceptance of Terms
1. Signature of the Client Form or any instruction received by the Vet from the Client regarding the provision of Services following receipt of these Terms constitutes acceptance of these Terms. Upon acceptance of these Terms by the Client, the Terms are binding and can only be amended or rescinded with the written consent of the Vet.
2. Where more than one Client signs the Client Form each shall be jointly and severally liable. These Terms are binding on the Client, their heirs, assignees, executors, trustees and where applicable, any liquidator, receiver or administrator.
3. The Client shall give the Vet not less than 14 days prior written notice of any proposed change of ownership of the Animal or any change in the Client’s name and/or any other change in the Client’s details. The Client shall be liable for any loss incurred by the Vet as a result of the Client’s failure to comply with this clause.
4. These Terms are to be read in conjunction with the Vet’s Privacy Policy, which is incorporated herein by reference. By agreeing to these Terms, the Client also agrees to the terms of the Privacy Policy, which sets out how personal information is collected, used, and managed. The Privacy Policy is available at [insert web address].
3. Your consumer rights

Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies conferred by the Competition and Consumer Act 2010 (Cth) & Australian Consumer Law and Fair Trading Act 2012 (Vic) (together Consumer Protection Legislation), or any other applicable legislation, except to the extent permitted by those Acts. Any provision that purports to do so is void to the extent it contravenes those Acts.

1. Payment

• Price

1. At the Vet’s sole discretion, the Price shall be either:
1. as indicated on invoices provided by the Vet to the Client in respect of Services supplied; or
2. the Vet’s estimated Price (the final Price only being ascertained upon completion of the Services).
2. Any written estimate given by the Vet shall expire 30 days after the date of the written quotation.
3. 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.
4. 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.
5. 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.

• Payment

1. 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.
2. 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.

• 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.

• Vet Credit

1. 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.
2. Any credit granted may be revised or withdrawn by the Vet at any time and at its discretion.
3. 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.

• Default

1. 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.
2. 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.
3. 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.
4. 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;

• 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.

• 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.

• 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.

1. Services

• Provision of Services

1. The Vet retains the right to decline requests for the provision of Services requested by the Client and cancel or postpone the provision of any Services or appointments at their discretion.
2. Where the Animal is left with the Vet and there is a change to the Services to be provided or the costs to be incurred to maintain the Animal, the Vet will make every endeavour to contact the Client (or the Client’s authorised agent) to obtain authorisation for such Services and costs. However, where the Client cannot be contacted, for whatever reason, 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.
3. The Client acknowledges that the Animal will not be considered insured property of the Vet. The Client is responsible for insuring its Animal.
4. The Client shall make all arrangements necessary to take possession of the Animal whenever it is tendered for return. In the event that the Client is unable accept return of the Animal as arranged then the Vet shall be entitled to charge a reasonable fee for the ongoing care of the Animal.
5. All responsibility for the Animal’s welfare passes to the Client upon return of the Animal by the Vet.
6. In the event that the Client cancels any request for Services, the Client shall be liable for any loss of fees incurred by the Vet in anticipation of completing the Services.
7. If a Client fails to attend any appointment and/or cancels an appointment without at least 24 hours’ notice to the Vet, the Client shall, at the discretion of the Vet, be liable for 100% of the relevant fees.

• Animal abandonment

1. If for any reason whatsoever the Client fails to collect the Animal on the scheduled day of collection and does not contact the Vet and cannot be contacted by the Vet then, after 14 days from the scheduled day of collection, the Animal shall be deemed to be abandoned and the Vet may at their sole discretion re-home or impound the Animal or, where the Vet has no other option, euthanize the Animal.
2. The Client shall indemnify the Vet against all costs incurred as a result of the Client abandoning their Animal.
1. Goods
1. All risk for Goods owned by the Vet passes to the Client on delivery, but title does not pass until payment for the Goods is complete. The Client acknowledges that until its total indebtedness to the Vet is discharged, the Client holds the Goods as bailee of the Vet and must return the goods on request.
2. The warranty for Goods supplied shall be the current warranty provided by the manufacturer of the Goods. The Vet will use its best endeavours to assist the Client with any claim with respect of the Goods.
3. Goods are not accepted for credit or return except as required by Consumer Protection Legislation.
2. Liability
1. The Vet shall not be liable for any loss or damage whatsoever due to failure by the Vet to deliver the Services (or any part of them) promptly or at all where due to circumstances beyond the control of the Vet.
2. The Vet will provide all care, good husbandry and attention to the Animal, but shall not be liable for any loss, damage or claims of any nature howsoever arising from injury, sickness, disease or death of the Animal whilst under the care or control of the Vet or the Vet’s employees.
3. The Client acknowledges that the Vet shall not be liable for, and the Client releases the Vet from any indirect, special or consequential loss or damage incurred as a result of defect in, delay, or failure to provide the Services or to observe any of these conditions due to an event of force majeure, being any cause or circumstance beyond the Vet’s reasonable control.
4. The Vet offers no guarantee as to the success or otherwise of any procedure performed at the Client’s request or the Vet’s recommendation and payment shall be due whatever the outcome of the procedure.
3. Credit & Your Privacy
1. The Client agrees:
1. to the Vet being given a consumer credit report to collect overdue payment on commercial credit and acknowledges that this report may be used to assist in the collection of outstanding debts.
2. that the Vet may exchange information about the Client with those credit providers for the following purposes:
1. to assess an application by the Client; and/or
2. to notify other credit providers of a default by the Client; and/or
3. to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
4. to assess the creditworthiness of the Client.
3. the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act.
2. The Vet agrees to comply with all applicable privacy laws when handling credit-related personal information.
4. Intellectual Property

The Client acknowledges that any case notes, recommendations, radiographs (x-rays), or drawings taken or made during the course of the Services are the property of the Vet. Requests for copies of any case notes, recommendations, radiographs or drawings may be supplied at the discretion of the Vet and at the Client’s expense.

1. General
1. Neither party shall be liable for any default due to any act of God, war, strike, lock out, industrial action, fore, flood, drought, storm or other event beyond the reasonable control of either party.
2. Without prejudice to any other remedies the Vet may have, if at any time the Client is in breach of any obligation of these Terms (including those relating to payment) the Vet may suspend or terminate the supply of Goods and/or Services to the Client and any of its other obligations under the Terms. The Vet will not be liable to the Client for any loss or damage the Client suffers because the Vet has exercised its rights under this clause.
3. If any provision of these Terms shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired and the offending provision shall be deemed as severed from these Terms.
4. The failure by the Vet to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect the Vet’s right to subsequently enforce that provision.
5. The Vet may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
6. The Client/s covenant that they own the Animal or are the agent of the owner and are authorised to request Services from the Vet and sign the New Client Form.
7. The Client agrees that the Vet may review these Terms at any time. If, following any such review, there is to be any material change to these Terms, then that change will take effect from the date on which the Vet notifies the Client of such material change.
8. These Terms and any use of our services are governed by the laws of Victoria, Australia and you agree to submit to the exclusive jurisdiction of the courts of Australia.