General Terms and Conditions KNMvD, version 2018, filed with the Central Netherlands Court under number 22/2008

Article 1: Definitions
In these General Terms and Conditions:
Treatment Agreement: the agreement (of assignment) between the Veterinary Practice and the Client for the performance of veterinary treatments, the supply and/or administration of medication and/or the provision of advice and/or the performance of (veterinary) inspections.
Client: the owner and/or provider of the Patient on whose behalf the Veterinary Practice executes the Treatment Agreement.
Debtor: the person in whose name the invoice from the Veterinary Practice is issued.
Veterinarian: a person who is admitted to practice veterinary medicine on the basis of (currently) the Animal Act and is registered in the appropriate register, who is a member of the Royal Dutch Society for Veterinary Medicine and who, on behalf of the Client, performs veterinary (treatment) treatments and/or, in that context, supplies and/or sells and/or administers medicines and/or provides other veterinary advice and services.
Veterinary practice: the Veterinarian(s) as defined above as well as the practice that the Veterinarian(s) conduct(s) using all (auxiliary) persons, including but not limited to veterinarians, laboratory assistants, etc., whether or not on the basis of an employment contract, in whatever legal form and/or collaboration.
Patient: the animal, animals or groups of animals offered for treatment by the Client and/or the animal, animals or groups of animals over which and/or for the benefit of which medication is supplied and/or administered and/or other veterinary advice is given and veterinary services are performed.
Article 2: Applicability
2.1 These General Terms and Conditions apply to all offers and agreements, including Treatment Agreements, between the Veterinary Practice and the Client whereby the Veterinary Practice supplies goods and/or services of any nature and under any name whatsoever to the Client, unless expressly deviated from in writing.
2.2 Any general terms and conditions used by the Client shall not apply and shall be expressly rejected by the Veterinary Practice.
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2.3 Additional and/or deviating conditions only apply between the parties if the Veterinary Practice has expressly agreed to these additional and/or deviating conditions in writing.
Article 3: Establishment of agreement
3.1 All offers and other expressions of the Veterinary Practice for the purpose of concluding an agreement are without obligation, unless otherwise indicated in writing by the Veterinary Practice.
3.2 The agreement to be concluded between the Veterinary Practice and the Client will only become legally valid from the moment that the agreement has been confirmed in writing by the Veterinary Practice, or when the Veterinary Practice has commenced the performance of the agreement and/or has delivered and/or administered the medication to be supplied.
3.3 If an offer to conclude an agreement does not ultimately lead to a definitive agreement, the Veterinary Practice is at all times entitled to charge all costs that the Veterinary Practice has had to incur in order to make the offer to the Client.
3.4 The Veterinary Practice has the right to refuse to enter into a Treatment Agreement with respect to a Patient presented to it for treatment and/or to accept it only under certain conditions, if the Veterinary Practice is of the opinion that treatment of the Patient has no, or completely insufficient, chance of success, unless the Veterinary Practice is obliged to treat the Patient presented on the basis of statutory and/or behavioral/disciplinary regulations.
Article 4: Contents of agreement
4.1 The Treatment Agreement concluded between the Veterinary Practice and the Client is not an obligation of results and only leads to an obligation of effort on the part of the Veterinary Practice to provide veterinary treatment and/or advice and/or to supply and/or administer medication in that context.
4.2 The Veterinary Practice will carry out the activities referred to in the previous paragraph to the best of its ability and with the care that may be expected of it.
4.3 The Veterinary Practice has the right to use third parties when performing the Treatment Agreement.
4.4 The Treatment Agreement may also consist of the supply of veterinary medicines and/or the administration of veterinary medicines, to the extent permitted by law and in compliance with the provisions of Article 4.5 below, by the Client himself, whether or not in
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order of third parties, including administration on behalf of government agencies. In the event that this is the case, the provisions of Article 8.8 shall also apply.
4.5 The mere fact that the Veterinary Practice is involved in the sale, supply and/or administration of veterinary medicines and/or provides assistance in this regard does not release the Client and/or third parties from the obligations incumbent on the Client and/or the third party concerned with regard to the Patient under the laws and regulations in the context of the administration and provision of veterinary medicines, including the administrative obligations.
Article 5: Interim termination of the agreement
5.1 The Treatment Agreement will be terminated prematurely by:
 the express request of the Client, whereby the Client will be informed by the Veterinary Practice, if necessary, of the possible consequences of this premature termination for the Patient and, if termination takes place against the advice of the Veterinarian and/or the Veterinary Practice, will be informed that this will take place at the Client's risk and, if necessary, have the Client make a written statement about this. The Client is obliged to fully cooperate with this.
the death of the Patient.
 a unilateral decision by the Veterinary Practice, if the Veterinary Practice is of the opinion that it cannot reasonably be expected to continue the veterinary treatment because there is no reasonable chance (anymore) of achieving an intended and/or desired result.
 a unilateral decision by the Veterinary Practice if the trust between the Veterinary Practice and the Client has been seriously damaged.
5.2 If the Treatment Agreement is terminated prematurely at the unilateral request of the Veterinary Practice, the Veterinary Practice will inform the Client of this before doing so and explain its motivation to the Client, unless this is not possible or not possible in a timely manner.
5.3 If an agreement is terminated prematurely, the costs incurred and the agreed compensation will be charged to the Client in proportion to the work already carried out, unless the work is indivisible, as determined by the Veterinary Practice.
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Article 6: Rates, fees and payment
6.1 The Veterinary Practice determines the rates and fees to be charged according to its own rates depending on time and circumstances. The invoice will state the calculated VAT.
6.2 Payment of the Veterinary Practice invoice can be made in cash, immediately after the procedure, unless otherwise agreed.
6.3 The Veterinary Practice has the right, where appropriate, to request a down payment from the Client prior to carrying out its work and not to commence its work until the amount has been received by the Veterinary Practice, unless the Veterinary Practice is obliged by law and/or code of conduct/disciplinary regulations to treat the Patient presented immediately.
6.4 For non-cash payments, a payment term of 14 days after the invoice date applies, in which case administration costs may be charged.
6.5 If multiple invoices are outstanding, non-full payments thereof will be deemed to serve to settle the oldest invoice.
6.6 In the event of late payment, the Debtor will immediately and automatically be in default by the mere expiry of the payment term and the Debtor will owe statutory interest on the principal sum or the remainder of the outstanding claim.
6.7 The Debtor is not entitled to suspend any (payment) obligation to the Veterinary Practice, nor is the Debtor entitled to apply any set-off, on any grounds whatsoever, with regard to amounts that have been and/or will be charged by the Veterinary Practice.
6.8 If the Debtor is in default and collection is initiated, the Debtor is obliged to pay, in addition to the amount owed and the interest accrued thereon, both the extrajudicial and judicial collection costs.
6.9 The Veterinary Practice has the right to charge the Client for all associated additional costs if the Client fails to collect the Patient from the Veterinary Practice after completion of the veterinary treatment or fails to collect the Patient on time.
6.10 Payments by the Debtor shall first be used to pay the costs due, then to pay the accrued interest and only then to pay the oldest outstanding invoice.
Article 7: Complaints
7.1 The Client is obliged to immediately inspect the services to be provided and/or goods to be delivered by the Veterinary Practice, including medicines, for immediately detectable defects and/or imperfections.
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7.2 If the Veterinary Practice uses the KNMvD Complaints Regulations, established by the KNMvD, the Client may use them. If the Veterinary Practice's website does not state that it uses the KNMvD Complaints Regulations, the Complaints Regulations are in principle not applicable. At the Client's first request, the Veterinary Practice will indicate whether it uses or wishes to use the KNMvD Complaints Regulations.
7.3 Without prejudice to the provisions of any applicable KNMvD Complaints Regulations, the Client must report complaints about the services provided to the Veterinary Practice (preferably in writing) within 30 days after the work has been completed or after the defects and/or imperfections have become known to the Client. If this period of 30 days is exceeded, any claim against the Veterinary Practice in respect of any defect and/or imperfection shall lapse.
7.4 If the Veterinary Practice finds the complaint about the service provided to be justified, the Veterinary Practice shall at all times have the right to:
a. if this is still possible, to perform this service correctly within a reasonable period of time or;
b. to credit the amount owed by the Client;
this at the discretion of the Veterinary Practice.
Article 8: Liability
General
8.1 If the Veterinary Practice and/or the Veterinarian is/are liable in any way towards the Client, this liability is at all times limited to the amount paid out in the relevant case by the liability insurance of the Veterinary Practice or the Veterinarian.
8.2 Liability for indirect damage is excluded at all times, including but not limited to consequential damage, lost profit, missed savings and damage due to (business) stagnation and the like.
8.3 The agreement is performed exclusively for the benefit of the Client. Third parties cannot derive any rights from this agreement and its performance.
8.4 Except in the cases mentioned in this article, any liability is excluded.
8.5 The Client shall indemnify the Veterinary Practice against all claims from third parties that may result, directly or indirectly, from the performance of the agreement.
Exceptional provisions
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8.6 If a veterinary examination is carried out in accordance with the Treatment Agreement, the following provisions apply, insofar as they deviate from the provisions in the previous paragraphs of this article:
8.6.1 The examining Veterinarian and/or the Veterinary Practice are not liable for any damage – expressly including financial and consequential damage – caused by the performance of the inspection or by inaccuracies and incompleteness in the preparation of the examination report, unless it is established that this damage is due to intent or gross negligence on the part of the examining Veterinarian.
8.6.2 With regard to the liability referred to in 8.6.1, only the Client – ​​within the frameworks stated therein – has a right of action against the examining Veterinarian and/or the Veterinary Practice; parties other than the Client cannot derive any right to compensation from the examination report.
8.6.3 The liability of the Veterinary Practice and the Veterinarian will at all times be limited to the amount paid out in the relevant case by the liability insurance of the Veterinarian and/or the Veterinary Practice.
8.6.4 If the Client and/or third parties believe that the Patient's state of health at the time of the present examination does not correspond with what is stated in the examination report, they must, under penalty of forfeiture of any right of action against the Veterinarian and/or the Veterinary Practice, report this in writing to the other party within a reasonable time (for example in the purchase agreement) and hold the other party liable for compensation for damages, simultaneously providing a copy of this report to the examining Veterinarian and the Veterinary Practice.
8.6.5 Disputes regarding the performance of the inspection and/or the completion of the inspection report are exclusively governed by Dutch law and only the Dutch court has jurisdiction to hear such disputes.
8.6.6 If the Client is not the owner of the animal, he/she guarantees that the owner has given permission for the veterinary examination to be carried out and that Articles 8.6.1 to 8.6.5 can also be invoked against the owner.
8.6.7 Articles 8.6.1 to 8.6.6 shall also apply if the Client does not sign the investigation report.
8.7 If the service requested by the Client from the Veterinary Practice relates to the import or export of animals, including but not limited to the issuing of (health) certificates, the liability of the Veterinary Practice is excluded. The Client indemnifies the Veterinary Practice in this context against claims from third parties on any grounds whatsoever.
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8.8 The exclusion of liability referred to in Article 8.7 does not apply in the event of intent and/or gross negligence, which will in any case also be the case if the Veterinary Practice and/or the Veterinarian consciously cooperates in illegal trade.
8.8 Without prejudice to the provisions of the preceding paragraphs of this article, the Veterinary Practice excludes all liability, unless there is intent and/or gross negligence on the part of the Veterinarian and/or the Veterinary Practice:
 for damage resulting from the administration of veterinary medicines by the Client himself and/or;
 for damage resulting from the administration of veterinary medicines on behalf of third parties, including administration on behalf of government agencies and/or;
 for injury and/or damage caused by the administration of these agents, any side effects thereof and/or;
 for negligence in the fulfilment of the applicable administrative obligations and related evidentiary problems.
8.9 The conclusion of an agreement and/or the performance of veterinary treatments and/or the supply and/or administration of medication in this context and/or the provision of veterinary advice and services, does not affect the strict liability of the Client and/or third parties for damage caused by the animal within the meaning of Article 6:179 of the Dutch Civil Code.
Article 9: Ownership and data
9.1 The Veterinary Practice retains ownership at all times of copies, documents and other information carriers such as X-rays relating to the Patient and the performance of the agreement.
9.2 The Veterinary Practice will retain these documents for 5 years. The Client may, upon request, receive copies of these information (carriers) and/or other documents for a fee of the cost price.
9.3 For the execution of the agreement, the Veterinary Practice uses the (personal) data that the Client provides to the Veterinary Practice. When processing the personal data of the Client, the Veterinary Practice complies with the applicable laws and regulations in the field of Privacy.
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Article 10: Special provisions
Entering stables/Location of work
10.1 If the treatment of the Patient gives reason to do so, the Veterinary Practice has the right to deny anyone, including the Client if necessary, access to the stables or another location where the treatment takes place, and/or to impose other conditions that it deems necessary for the treatment. The Client is obliged to comply with these conditions.
Research
10.2 The Veterinary Practice has the right to use (parts of) the Patient or substances originating from the Patient for statistical and/or scientific research, or to process them in a publication, unless the Client has made explicit and insurmountable objections to this. The Veterinary Practice will, if necessary and if possible, report the intention to use the said data for research to the Client in advance.
Article 11: Applicable law and dispute resolution
11.1 The agreement and all agreements that may arise from it between the Veterinary Practice and the Client are exclusively governed by Dutch law.
11.2 The Court in the district where the Veterinary Practice is located has exclusive jurisdiction to hear disputes between the parties, without prejudice to the authority of the Veterinary Practice to submit a dispute to the competent court according to the law.