General and Account Trading Terms and Conditions

 

Interpretation

“KVS” means Killarney Vets Pty Ltd and/or its subsidiary clinics/operations.  “Customer” means the person or legal entity purchasing goods or services.  “Goods” means all materials/products or services sold and/or delivered to the Customer.  “Terms” means these Terms and Conditions of Sale.

 

Application

  • These Terms apply to all sales or supply of Goods by KVS.

  • No amendment, alteration, waiver or cancellation of any of the Terms is binding on KVS unless confirmed by KVS in writing.

  • The Customer agrees that no employee or agent of KVS can make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than is contained in the Terms.

 

Prices

  • Prices are determined at the time of the sale or order being made and prior to payment of any deposit.

  • Prices are subject to change without notice.

 

Payment

  • Payment in full is expected at the time of purchase, consultation, delivery or discharge except for Customers with an approved account facility.

  • Payments are to be made to KVS without any deduction or discount other than stated on the relevant invoice or statement.

  • Payment may be made by cash, cheque, EFTPOS, Credit Card or bank transfer and shall not be deemed as having been made until such payment has been cleared, received and recorded by KVS.

  • Customers with an approved account facility agree to pay the outstanding balance of their account in full within 14 days of the date of issue of the account statement.

  • Interest is payable on all overdue accounts calculated at the rate of 12.12% per annum from 30 days after the statement date and until payment is received by KVS.

  • For Customers with accounts, should the account remain unpaid after 30 days and KVS is unable to contact you by telephone or any other means, KVS may contact your emergency contact without further reference to you.

  • For Customers with accounts, without further reference to you, should the account be operated in arrears at any time, KVS may revoke this credit account agreement.

  • For all Customers, should monies remain unpaid after 90 days and you have not responded to our efforts to contact you, KVS may engage the assistance of third parties to collect monies unpaid without any further reference to you.

  • The Customer agrees to be liable for and to pay any legal fees, commission or any cost whatsoever charged by any person or entity engaged by KVS to collect monies unpaid by the Customer.

 

Delivery

  • The Customer accepts that delivery has taken place once the Goods ordered have been lodged with Australia Post or a delivery service and the Customer shall be liable for payment of the Goods and delivery charges once the Goods have been so delivered.

  • The Customer shall not hold KVS liable for any delayed delivery or non delivery once the Goods have been delivered to any party for forwarding to the Customer as per the Customer’s instructions.

  • The Customer is liable for the collection and payment of any Goods placed in an unsecured location for collection as per the Customer’s instructions or request, once such placement has taken place.

  • KVS accepts no responsibility or liability for any Goods left in an unsecured location for collection by the Customer or their agent as per the Customer’s instruction or request.

 

Title

  • Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid for in full by cleared funds.

 

Risk and insurance

  • Goods are entirely at the risk of the Customer from the moment of delivery to the Customer’s point of delivery or on collection even though title of the Goods has not passed to the Customer at that time.

 

Inspection

  • Unless the Customer inspects the Goods and gives advice that the Goods do not comply with the Goods ordered, and/or are damaged or faulty within 2 days after delivery, it is deemed that the Goods have been accepted in good order and condition.

 

Cancellation

  • Any order for Goods may not be modified, cancelled or deferred without the consent of KVS.   

  • Any order placed with a third party for Goods not usually stocked by KVS on behalf of a Customer may not be cancelled by the Customer without the express permission of KVS.   Should KVS be unable to cancel the order with the supplier, the Customer will indemnify KVS against any loss that may be incurred.

 

Limited liability

  • These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act.

  • KVS is not subject to, and the Customer releases KVS from, any liability because of any delay in delivery or fault or defect in the Goods.

  • The Customer acknowledges that KVS is not responsible if the Goods do not comply with any applicable safety standard or regulation and is not liable for any claim, damage or demand resulting from such non-compliance.

  • If any statutory provisions under the Trade Practices Act or any other statute apply to the contract between KVS and the Customer then, to the extent that KVS is entitled to do so, KVS’s liability under the statutory provision is limited, at KVS’s option, to:

    • Replacement or repair of the Goods or the supply of equivalent Goods; or

    • Payment of the costs of replacing or repairing the Goods or of acquiring equivalent Goods; and

    • In either case KVS will not be liable for any damage or consequential loss or other direct or indirect loss or damage.

 

Warranty

  • All Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer.

  • The Customer shall advise KVS immediately should the Customer notice any defect in the Goods supplied.

  • The Customer expressly acknowledges and agrees KVS is not liable for any use of the Goods except for the purpose for which the Goods have been prescribed.   

  • The Customer expressly acknowledges that KVS, its staff and agents have supplied the Goods in good faith and such supply is based upon information provided by the Customer.

  • Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.

 

Contract

  • The terms of the Contract are wholly contained in the Terms and any other writings signed by both parties.  The Contract has been deemed to have been made at KVS’s place of business where an order was placed and any course of action is deemed to have arisen there.

 

Right to enter premises

  • The Customer confers on KVS, its employees and/or agents the right to enter the Customer’s property for the purpose of delivering Goods requested by the Customer without being guilty of any manner of trespass.

 

Force majeure

  • The Customer shall not hold KVS liable for any breach of contract due to any matter or thing whatsoever beyond the control of KVS.

 

Severability

  • If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.

 

Governing law

  • These terms and the Contract shall be governed by the law of Queensland and the parties submit to the courts of Queensland in respect of any dispute arising.

 

Killarney Veterinary Surgery
Urbenville & District Veterinary Surgery
36 Willow Street Killarney Q 4373
07 4664 1344 or 02 6634 1314
max@killarneyvet.com.au
www.killarneyvet.com.au
www.facebook.com/killarneyvet
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Killarney
Reception 8am-4pm Monday-Friday
7 days a week by appointment
 
Urbenville
Thursday by appointment
 
Emergencies any time, please phone