Terms & Conditions
Spike Milligan Performance Horse Consultant Limited Terms & Conditions
We cannot accept instructions from anybody under the age of 18 years.
In certain situations we understand that requests will be made by persons acting as your agent, such as yard manager or owner. We will assume unless advised in writing by yourself, they have your authority and are acting in your interest and on your behalf. As such, any instructions from your agent shall be deemed as an instruction from you.
Requests for any account details to be changed must be made in writing by the account holder.
No contract will be formed between us and you until we have agreed to carry out such treatment as instructed by you or your agent.
- Responsibility for Work
Spike Milligan Performance Horse Consultant Limited is a limited company. As such, you agree that all work or services carried out for you is carried out or performed by Spike Milligan Performance Horse Consultant Limited and not by any individual director or employee of the company. You agree that you will not commence legal proceedings against any individual director, member or employee in their personal capacity (whether for negligence or otherwise) in respect of any work or services carried out by Spike Milligan Performance Horse Consultant Limited.
In order to comply with the RCVS Regulations, we cannot supply medication on prescription without first seeing the animal. Repeat prescriptions can only be given if the animal is under the actual care and attention of the attending Veterinary Surgeon, and we reserve the right in certain circumstances to re-examine the animal before prescribing. Under the Veterinary Medicines Directorate we are unable to credit clients for returned drugs as these items cannot be re-sold. However, we can safely dispose of any unwanted medications.
It is your responsibility to submit claims to your insurer and to be re-imbursed by them; however we will provide administrative assistance where necessary with an associated fee, providing you pay your excess for your policy to us within 14 days of the initial treatment.
- Second Opinions:
If you are unhappy with the treatment or progress of your animal, we can rearrange for a second opinion from another Veterinary Surgeon at your cost.
Subject to our professional duties as Veterinary surgeons, we will use reasonable endeavours to agree a course of treatment with you or your agent. In an emergency, we will carry out what we regard as the most appropriate course of treatment having the interest of the animal as the overriding priority unless otherwise instructed by you or your agent. After registration with the company, you will be requested to confirm who your routine 24/7 veterinary care is provided by in order to gather veterinary history, make them aware of the request for consultation and also to gain written confirmation that they will continue to provide the 24/7 veterinary provision. We retain ownership for radiographs and ultrasound scans, but at your request these can be forwarded to another Veterinary Surgeon.
Details of our standard charges will be provided in writing if requested. Our rates are exclusive of VAT which is payable in addition.
For overseas payments, bank charges are payable by the client. Unless otherwise agreed by the parties, all payment shall be paid in Sterling Pound.
You shall make all payments due in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by us to you.
No payment shall be deemed to have been received until we have received cleared funds.
If payment is not made on the due date, we shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgment) in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 with such interest to accrue on a daily basis from the due date until the outstanding amount is paid in full.
Non-payment after 30 days may result in court action.
In giving instructions, either in person or by your agent, for an animal to be treated, you will be responsible for our charges. On request we will give you an estimate of the cost of treatment, however, variations and complications may arise resulting in further costs being incurred.
There are occasions on which we incur costs on your behalf, such as tests performed at outside laboratories; referral hospital charges etc, these may be invoiced to you at a later date, although referral fees may require payment on collection of your horse or up front depending on their terms and conditions.
In addition to our fees we will charge for expenses and disbursements (such as for medication) we incur on your behalf.
We have no obligation to incur such expenses or disbursements unless funds have been provided by you for that purpose. VAT is payable on certain expenses and disbursements.
Failure to comply with payment terms may result in our insisting that further treatment be paid for at the time.
We accept new clients on a payment within 14 days from receipt of invoice for the first six months and/or until an acceptable credit rating has been established.
Details, including relevant medical history may be obtained from the previous attending veterinary surgeon, unless we are advised otherwise by yourself.
- Limitation of Liability:
Nothing in these terms and conditions limits or excludes our liability in respect of death or personal injury.
Subject to the foregoing paragraph above, we will not be liable for any indirect or consequential losses including without limitation to loss of profits, loss of business, loss of opportunity, injured feelings, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of use, or pure economic loss, costs, damages, charges or expenses.
Subject to the foregoing two paragraphs above, our total liability under this terms and conditions including without limitation in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of any treatment shall be limited to the price paid for the treatment or our insured value (where we are insured).
Each right or remedy we have under these terms and conditions is without prejudice to any other right or remedy we have whether under these terms and conditions or not.
Failure or delay by us enforcing or partially enforcing any provision of these terms and conditions shall not be construed as a waiver of any of its rights.
Any waiver by us of any breach of, or any default under, any provision of these terms and conditions by you shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of these term and conditions.
If any provision of these terms and conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of these terms and conditions shall continue in full force and effect.
Subject only to the other provisions in these terms and conditions, the parties to these terms and conditions do not intend that any term of the agreement between the parties shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
Unless otherwise agreed, and subject to possible revision of our fees, these terms and conditions will apply to any future work by us on your behalf.
Any photos, videos or diagnostic images taken can be used by the business on social media platforms or website but will be used in an anonymous and non-identifiable way if of a sensitive nature. The owner must notify in writing if they do not wish this to happen.
Applicable law and jurisdiction
These terms and conditions shall be interpreted in accordance with the laws of England and Wales. The English Courts have jurisdiction in any dispute arising out of our work on your behalf.
In these Terms and Conditions “we”, “us” and “our” means Spike Milligan Performance Horse Consultant Limited