Terms and Conditions

FARMVETS SOUTHWEST LTD

TERMS AND CONDITIONS

                                                     

  1. 1.    Information about us

 

1.6.        We are FarmVets SouthWest Ltd, a company registered in England and Wales and with a registered office at Dawes Farm, Bognor Road, Warnham, West Sussex, RH12 3SH
Phone: 01306 628086
Website:www.thefarmvets.co.uk
1.2. To contact us, please also see our Contact Us page www.thefarmvets.co.uk

 

 

  1. 2.    Overview of Products and Services

 

2.6.        We are a veterinary practice registered with the Royal College of Veterinary Surgeons.
2.2. We provide veterinary services to livestock keepers.
2.3. We prescribe and dispense medicines to animals under our care.

 

  1. 3.    Our Services

 

3.1. We shall ensure that all Veterinary Services are supplied by suitably qualified staff, taking into account the nature of the Veterinary Service to be supplied in each instance
3.2. We shall use all reasonable endeavours to meet any dates specified by you for veterinary services, but any such dates shall be estimates only and while every endeavour will be made to meet the clients requests, time shall not be of the essence for performance of the Services.

3.3. Wherever practicable and on your request, a plan for the supply of Veterinary Services will normally be agreed with you following an initial consultation and in advance of any further treatment or visits. This plan may include an estimate regarding the likely costs of the plan.  In an emergency we reserve the right to provide such Veterinary Services as are reasonably necessary, in the professional judgement of the veterinary surgeon providing the Veterinary Services

3.4. Please note that any estimate given can only be an approximation of the costs of any treatment required. If our original estimate looks as if it will be exceeded, then the Veterinary Surgeon responsible for providing the Veterinary Services will discuss any increased fees with you before any further procedures are undertaken (save in the event of an emergency and at the professional discretion of the relevant Veterinary Surgeon acting in the best interest of your animals). 

3.5. We will endeavour to provide veterinary services in accordance with reasonable standards denoted by the RCVS guidelines for practice standards (www.rcvs.org.uk) and the professional conduct of veterinary surgeons.  All Veterinary Services shall be supplied in accordance with normal professional standards

3.6. Veterinary Services shall be supplied during our normal business hours (these may change from time to time, the current opening hours can be found on our website). At our discretion we may arrange for Veterinary Services to be supplied at various locations and at other times. In an emergency a veterinary surgeon will see you outside these opening hours, but this service will carry an extra charge

3.7. We reserve the right to decline to supply Veterinary Services at our discretion. You are free at all times at your cost and subject to the payment obligations in these terms and conditions, to seek a second opinion on or concerning any Veterinary Services provided
3.8. We shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services.

 4. Supply of Products

4.1. In the event of any defect or failure in any Product our liability to you shall be restricted to replacing the Product or refunding the price paid by you for the Product.

4.2. You acknowledge and agree that all Products must only be used in accordance with the instructions supplied with them or issued orally by the Veterinary Surgeon providing the Veterinary Services or other members of our staff.  If you have any questions or concerns regarding the use of any Product, you should consult the Veterinary Surgeon providing the Veterinary Services for clarification.

4.3. Any Products supplied by us shall be of satisfactory quality, fit for purpose expressly agreed by the Veterinary Surgeon providing the Veterinary Services or other members of our staff and shall comply with any description given. All other warranties, expressed or implied, are hereby excluded.

5. Payment

5.1. All Veterinary Services and Products provided by us shall be charged to you in accordance with our then current price list, a copy of which is available on request and which is subject to change without notice.  If you have any question as regards the level of charge that will be incurred you should consult the Veterinary Surgeon responsible for the treatment of your animals.

5.2. Our normal practice is for payment to be made by you following invoice. All invoices must be settled in full within 28 days of the invoice.  

5.3. We may refer overdue accounts to our debt collection agency.

5.4. In the event that any invoice or other sum owed is not paid when due then, without prejudice to any other remedies available to us, we may at any time:

5.4.1. add additional charge(s) to your outstanding account in order to recover fees and costs in connection with the collection of the sum owed (including but not limited to administrative costs and debt collection agency fees); and

5.4.2 issue notice to you that no further Veterinary Services and/or Products will be supplied to you.

5.5. All prices quoted are quoted exclusive of value added tax or other indirect taxes, duties or levies which shall be added as appropriate.

5.6. If you are unable to pay for the Veterinary Services we are only obliged to fulfil our minimum legal responsibilities and professional obligations in respect of your animals.

5.7 Where charges are payable, if FarmVets SouthWest Ltd has not received payment within 30 days after the due date, and without prejudice to any other rights and remedies of Westpoint Group Trading:

5.7.1. FarmVets SouthWest Ltd shall be under no obligation to provide any or all of the Services while the invoice(s) concerned remain unpaid; and

5.7.2. Interest shall accrue on a daily basis on such due amounts at an annual rate equal to 3% over the then current base lending rate of HSBC Bank from time to time, commencing on the due date and continuing until fully paid, whether before or after judgment.

 

6. Your obligations

 

6.1. You shall:

6.1.1.ensure that the terms of your order for services and any information it provides are complete and accurate;

6.1.2. co-operate with us in all matters relating to the Services;

6.1.3. provide us, our employees, agents, consultants and subcontractors, with access to your premises, and other facilities as reasonably required by us;

6.1.4. provide us with such information and materials as we may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects.
6.2. If our performance of any of our obligations under an agreement for Services is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation:

6.2.1. we shall without limiting our other rights or remedies have the right to suspend performance of the Services until you remedy the Customer Default, and to rely on the Customer Default to relieve us from the performance of any of our obligations to the extent the Customer Default prevents or delays our performance of any of our obligations;

6.2.2. we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of its obligations as set out in this clause 3.6; and;

6.2.3. you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Customer Default.

 

7. Authority and Entire Agreement

 

7.1. You confirm that you have authority to bind any business you are purchasing the Products or Services on behalf of to purchase the Products or Services.
7.2. These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.

 

8. Our right to vary these terms

 

8.1. We may revise these Terms from time to time in the following circumstances:

8.1.1. changes in how we accept payment from you;  or

8.1.2. changes in relevant laws and regulatory requirements.
8.2 Every time you order Products or Services from us, the Terms in force at that time will apply to the Contract between you and us.
8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended.

 

9. Price of products and Services and delivery charges

 

9.1. Prices for our Products and Services may change from time to time, but changes will not affect any order which we have confirmed.
9.2. The price of a Product and Services excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products or Services in full before the change in VAT takes effect.
9.3. The price of a Product or Service does not include visit fees or delivery charges unless otherwise stated.
9.4.. It is always possible that, despite our reasonable efforts, some of the Products and Services may be incorrectly priced. If we discover an error in the price of the Products or Services you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product or Service at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products or Services to you at the incorrect (lower) price.

 

10. Our warranty for the Products and Services

 

10.1. We warrant that the Products and Services supplied will at the time of delivery correspond to the description given by us. All other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Products and Services, whether express or implied by statute or common law or otherwise, are excluded to the fullest extent permitted by law.

 

11. Customer warranties

 

11.1. You warrant that you shall comply with all applicable laws and regulations with respect to your activities under this agreement.

 

12. Acceptable use of the website and web based services

 

12.1 You shall not access, store, distribute or transmit any viruses, or any material during the course of your use of the website or web based services that:

12.1.1 is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, racially or ethnically offensive;

12.1.2. facilitates illegal activity;

12.1.3. depicts sexually explicit images;

12.1.4. promotes unlawful violence;

12.1.5. is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or

12.1.6. in a manner that is otherwise illegal or causes damage or injury to any person or property;

12.2. FarmVets SouthWest Ltd reserves the right, without liability or prejudice to its other rights to you, to disable your access to any material that breaches the provisions of this clause.

12.3. In your use of this service, you must not;

12.3.1. except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties:

12.3.1.1. and except to the extent expressly permitted under this agreement, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services or website in any form or media or by any means; or

12.3.1.2. attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or

12.3.2. access all or any part of the Services or website in order to build a product or service which competes with the Services and/or website; or

12.3.3. unless otherwise agreed, license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services and/or website or any content available to any third party except the Authorised Users, or

12.3.4. attempt to obtain, or assist third parties in obtaining, access to the Services and/or website other than as permitted in writing.

12.3.5. allow any unauthorised access to, or use of, the Services and, in the event of any such unauthorised access or use, promptly notify FarmVets SouthWest Ltd.

12.3.6. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

12.3.7. use data collected from our website or our directory to contact individuals or companies or other organisations (for any reason).

12.3.8. use data collected from our website or our directory for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

 

13. Web based services suspension

 

13.1 Without prejudice to our other rights under these terms, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

13.1.1. send you one or more formal warnings;

13.1.2. temporarily suspend your access to our websites;

13.1.3. permanently prohibit you from accessing our websites;

13.1.4. block computers using your IP address from accessing our websites;

13.1.5. contact your internet services provider and request that they block your access to our websites;

13.1.6. bring court proceedings against you for breach of contract or otherwise;

13.1.7. delete and/or edit any or all of your directory or website submissions; and/or

13.1.8. suspend and/or delete your account with our websites.

 

13.2 Where we suspend or prohibit or block your access to our website or a part of our website or Services, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

 

14. Services termination

 

14.1 Without affecting any other right or remedy available to it, FarmVets SouthWest Ltd may terminate this agreement with immediate effect by giving written notice if:

14.1.1. You fail to pay any amount due under this agreement, as may be charged by FarmVets SouthWest Ltd from time to time, on the due date for payment and remains in default not less than 15 days after being notified in writing to make such payment;

14.1.2. you commit a breach of any other term of this agreement where such breach is irremediable or (if such breach is remediable) you fail to remedy that breach within a period of 15 days after being notified in writing to do so;

14.1.3. you suspend, or threaten to suspend, payment of any debts or are unable to pay your debts as they fall due or admit inability to pay your debts or are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 ; or otherwise suffer any event or proceeding that has, in FarmVets SouthWest Ltd opinion an effect equivalent to insolvency or you suspend or ceases, or threatens to suspend or cease, carrying on all or a substantial part of your business; or there is a change of control of your business or the Customer.

 

14.2 On termination of this agreement for any reason:

14.2.1. all licences granted under this agreement shall immediately terminate;

14.2.2. FarmVets SouthWest Ltd may destroy or otherwise dispose of any of the Customer Data in its possession unless FarmVets SouthWest Ltd receives, no later than ten days after the effective date of the termination of this agreement, a written data subject request, pursuant to the General Data Protection Regulations. FarmVets SouthWest Ltd shall use reasonable commercial endeavours to provide a response to the Customer within 30 days of its receipt of such a written request.

 

14.3 Provided that, to the extent to which Customer Data is not personal data and provided that such data is entirely anonymised, The Customer gives their consent for FarmVets SouthWest Ltd to retain a copy of such Customer Data for the purposes of data aggregation, and business intelligence purposes and to comply with any statutory or regulatory requirements.

14.4 On termination of this agreement for any reason, any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced.

 

15. Cancelling your account with us

 

15.1 You may cancel your account with us by following the instructions detailed above.

15.2 We may cancel your account with us without cause by giving you at least 30 days' written notice of cancellation. Where we cancel your account on this basis, you will be entitled to a (pro-rated) refund of any element(s) of the charges paid to us in respect of the provision of services during any period after the date of effective cancellation of your account (and we will calculate the amount of such refund using any reasonable methodology).

 

16. Limitation of our liability

 

16.1 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

 

16.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

 

16.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, howsoever arising under or in connection with:

16.3.1. use of, or inability to use, our site / Services;

16.3.2. use of or reliance on any content displayed on our site / Services;

16.3.3. loss of profits, sales, business, or revenue;

16.3.4. business interruption;

16.3.5. loss of anticipated savings;

16.3.6. loss or corruption of data, information or software;

16.3.7. loss of anticipated savings;

16.3.8. loss of business opportunity, goodwill or reputation; or

16.3.9. any special, indirect or consequential loss, costs, charges, expenses or damage.

 

16.4 To the extent that the website and information and services on our website are provided free-of-charge, we will not be liable to you for any loss or damage of any nature.

16.5 Except as expressly and specifically provided in this agreement:

16.5.1. the Customer assumes sole responsibility for results obtained from the use of the Services and the website, and for conclusions drawn from such use. 16.5.2. all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement; and

16.5.2. the Services and the website are provided to the Customer on an "as is" basis.

16.6 Except to the extent not excludable by law, FarmVets SouthWest Ltd total aggregate liability in contract tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the total Fees paid for the service.

16.7 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.

16.8 We are not liable for any delays, delivery failures, or any other loss or damage suffered by you as a result of your use of the Services provided by FarmVets SouthWest Ltd, and you acknowledge that this service may be subject to limitations, delays and other problems inherent in the use of such services.

16.9 You acknowledge that the FarmVets SouthWest Ltd programmes including vaccination alerts and other reminders that are provided have been developed in consultation with and approved by the relevant regulatory bodies, including the details contained within the relevant Summaries of Product Characteristics (SPC’s), Pharmaceutical Companies and the Veterinary Medicines Directorate (VMD)and we are not liable for any loss or damage suffered by you as a result of adhering to these certified practices.

 

17. Indemnity

 

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

 

18. Force majeure

 

FarmVets SouthWest Ltd shall have no liability to you under this agreement if you are prevented from or delayed in performing your obligations under this agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of FarmVets SouthWest Ltd or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of FarmVets SouthWest Ltd or sub-contractors, provided that you are notified of such an event and its expected duration.

 

19. Assignment

 

19.1 You shall not, without the prior written consent of FarmVets SouthWest Ltd, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement.

19.2 FarmVets SouthWest Ltd may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement.

 

20. Communications between us

 

When we refer, in these Terms, to "in writing", this includes e-mail. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order. Please note that any notice given by you to us, or by us to you, will be deemed received and properly served, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

 

21. Other important terms

 

21.1. All Intellectual Property Rights in or arising out of or in connection with this agreement or any other agreement we have with you shall be owned by us. All FarmVets SouthWest Ltd materials are the exclusive property of FarmVets SouthWest Ltd.

21.2 We may transfer our rights and obligations under any agreement with you to another organisation, but this will not affect your rights or our obligations under this agreement. We will always notify you in writing, by e-mail or by posting on our website if this happens.

21.3 You may only transfer your rights or your obligations under these terms to another person if we provide our prior written consent to you.

21.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

21.5 Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

21.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

 

22. Jurisdiction

 

These terms are governed by English law. This means that a contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

These terms and conditions supersede any previously issued terms and conditions for this website. These may be revised without notice.