Effective from 6 February 2021
These Terms of Trade apply to all goods, products, and veterinary services supplied by Black Sheep Veterinary Limited trading as Black Sheep Veterinary ["Black Sheep Veterinary", “”Black Sheep Vets”, we", "us", "our"]. They form part of every agreement with our clients ["you", "your", "Client"]. An Agreement is formed when we accept your Order / Job.
1. Definitions
Business Day means a day other than Saturday, Sunday or a public holiday in New Zealand. Charging Account means a credit account we approve. Confidential Information means any information by its nature confidential or marked confidential. Default Rate means 3% per calendar month, compounding monthly. Force Majeure Event means an event beyond reasonable control including natural disaster, pandemic, government action, power failure, courier or third-party lab failure, which could not be prevented by reasonable care. Price means the price at the time of Order per our current Price Guide. Products means all goods and medicines. Reports means clinical and laboratory reports. Samples means any animal specimen submitted for testing. Services means all veterinary services including consults, surgery, hospitalisation, farm visits, and lab testing including Referred Tests sent to third-party labs.
2. Acceptance & Variation
2.1 You accept these Terms when you place an Order, book an appointment, or present an animal.
2.2 We may update these Terms at any time by publishing them on our website. The updated version applies to all Orders after publication.
3. Orders, Estimates & Consent
3.1 We accept Orders verbally, in writing or by starting work. You cannot cancel a lab Order once work has started without our consent and you will pay costs incurred.
3.2 Any estimate is a guide only and may change due to complications, time, consumables or referral costs. We will use reasonable endeavours to contact you if costs will materially exceed the estimate.
3.3 We will obtain informed consent for procedures and anaesthesia. In an emergency where you cannot be contacted, you authorise us to act as reasonably necessary to prevent suffering.
4. Client Obligations & Samples
4.1 You warrant that all information you provide is true, you will comply with all laws and Samples will be packaged and labelled as directed in our Price Guide.
4.2 You must advise of any aggression. We may use muzzles/sedation at your cost.
4.3 If a Sample is damaged, contaminated, leaking or insufficient, we will endeavour to notify you. We may refuse any Sample we consider a risk. We are not liable for inaccurate results due to poor Sample quality.
4.4 Samples become our property on receipt. We may retain, destroy, or at our discretion return them at your cost.
5. Our Services & Reports
5.1 We will provide Services with reasonable care and skill per the Veterinary Council Code of Conduct. We may use subcontractors, locums and external labs.
5.2 Indicative timeframes in our Price Guide are estimates only. We are not liable for delays due to external labs or couriers.
5.3 Reports are owned by you and sent to the contact on file. We are not liable to third parties relying on a Report.
6. Price & Payment
6.1 Price is in NZD plus GST. Our Price Guide may be updated at any time - the price applicable at the time your Order is accepted applies. Referred Tests marked POA are charged at the external lab rate and may not be known until invoiced.
6.2 Due Dates: a) Charging Account clients: Payment is due by the 20th of the month following invoice date. b) All other clients: Payment is due within 7 days of invoice date, or at the time of product collection / animal discharge, whichever is earlier. We may require a 50-100% deposit before surgery or hospitalisation, or payment in advance.
6.3 Method: Payment by bank transfer to the bank account shown on the invoice is our preferred method. We also accept cash for products.
6.4 Overdue Interest: If you do not pay by the due date, interest will accrue on the outstanding balance at 3% per calendar month, calculated daily and compounding monthly from the due date until paid in full.
6.5 Invoice Queries: If you dispute any part of an invoice you must notify us within 10 Business Days of the invoice date. You must pay any undisputed portion by the due date. We will endeavour to resolve disputes per clause 12.
7. Overdue Accounts
If you do not pay by the due date we may, without prejudice to any other rights: a) charge interest at the Default Rate of 3% per calendar month, calculated daily from the due date until paid; b) charge a $5 monthly account administration fee and a $25 fee for any failed direct debit; c) charge all debt collection and legal costs on a solicitor/client basis; d) require a direct debit authority as a condition of further non-urgent care; e) suspend supply under clause 8.
8. Suspension & Termination
8.1 We may suspend Services on written notice if you fail to pay, exceed a credit limit, we have credit concerns, or we consider it necessary for safety or animal welfare.
8.2 Either party may terminate immediately on written notice if the other breaches and fails to remedy within 10 Business Days, or becomes insolvent or bankrupt.
8.3 On termination you must pay all sums due within 10 Business Days. Accrued rights survive termination.
9. Delivery, Title & Returns
9.1 Risk passes on collection or when collected by courier from us. You must check expiry dates on collection.
9.2 Title in Products remains with us until paid in full. You grant us right to enter premises to recover unpaid Products where legally entitled.
9.3 Medicines cannot be returned once dispensed unless due to our error or manufacturing defect, at our sole discretion within 14 days.
10. Animals in Our Care
10.1 Anaesthesia and treatment carry inherent risk. We do not guarantee outcome.
10.2 You are responsible for secure containment during visits. Under HSWA you must provide a safe environment on farm and disclose hazards.
10.3 If an animal is not collected within 24 hours of notified discharge after reasonable attempts to contact you, we may place it in boarding at your cost or treat it as abandoned.
11. Liability
11.1 To the extent permitted by law our liability, whether in contract, tort or otherwise, is limited at our option to re-performing the Services or refunding the Price paid for those Services.
11.2 If clause 11.1 does not apply, our total aggregate liability is capped at $5,000.
11.3 We are not liable for loss of profits or indirect or consequential loss.
11.4 Nothing excludes rights you have under the Consumer Guarantees Act where it cannot be excluded, but you agree you are acquiring Services for business purposes and we contract out of ss 9, 12A and 13 of the Fair Trading Act where permitted.
12. Disputes
12.1 The parties will attempt to resolve disputes by good faith negotiation. If settled, it will be recorded in writing. Nothing prevents either party seeking urgent interlocutory relief or recovering a debt.
13. Confidentiality & Privacy
13.1 Each party will keep the other's Confidential Information secure and not disclose except as permitted to provide Services, with written consent, or as required by law.
13.2 You consent to us collecting, using and disclosing your personal information for providing Services, credit checks, and as required under the Privacy Act 2020. We may share information with referral vets, labs, and debt recovery agents.
14. General
14.1 Notices must be in writing to the physical or email address last notified.
14.2 You may not assign or subcontract without our prior written consent. A change in control of your entity is deemed an assignment.
14.3 Failure to enforce a right is not a waiver. If any clause is void, it is severed and the rest remains.
14.4 Force Majeure: We are not liable for failure due to a Force Majeure Event. If affected we will notify you of the nature, extent and steps being taken. If non-performance exceeds 20 Business Days you may terminate that Order on notice.
14.5 Entire Agreement - These Terms are the entire agreement for the Services.
14.6 Governed by New Zealand law, exclusive jurisdiction of NZ courts.
Black Sheep Veterinary Limited trading as Black Sheep Veterinary