1.  WHO WE ARE

Espinar Equine is the business name of Dr. Emiliano Espinar Garcia-Pego CertEP MRCVS. The registered office is: 20-22, Venture West, Greenham Business Park, Newbury RG19 6HX. References in this contract to ‘we’ and ‘us’ are references to Espinar Equine and to ‘contract’ are to this contract.

2.  SCOPE OF OUR INSTRUCTIONS

By instructing us, you authorise us to take the steps which we consider appropriate to provide veterinary and associated services to you, including incurring reasonable expenses on your behalf.

3.  FEES

3.1 Unless we agree alternative charging arrangements in advance of providing services, our fees will be based on the procedures which we carry out, the seniority of the veterinary surgeon and or other personnel involved, and the time required.  Fees may be adjusted to reflect the nature of a case, its complexity and urgency and are charged regardless of the outcome of a case.

3.2 Details of our fees for procedures are available on request.

4.  ESTIMATES AND SPECIAL FEE ARRANGEMENTS

4.1 Estimates are given as a guide and should not be regarded as a firm quotation unless agreed in writing.  Cases do not always follow a conventional course and our fees may reflect this.

4.2 A special fee arrangement (such as a fixed or capped fee) agreed for a case will not cover work not identified when the arrangement was made.

5.  DISBURSEMENTS, EXTRA COSTS AND INSTRUCTING THIRD PARTIES

5.1 It is sometimes necessary for us to incur disbursements on your behalf in the course of a case.  These may include laboratory fees, specialist veterinary fees on referral, physiotherapy, disposal fees and expenses such as evening and/or weekend nursing costs necessary for the care of your animal. 

5.2 We will use all reasonable endeavours to obtain your approval before incurring any substantial disbursements, but this may not be possible in an emergency.

5.3 If we instruct professional or paraprofessionals who are not employed by us, you will be their client and will be responsible for their fees.  Third party fees will either be invoiced direct to you by the third party or by us.  If we invoice you, payment is due as provided in clause 8.  If the third party invoices you, payment is due as provided in their terms and conditions of business.

6.  VAT

All fees, estimates, disbursements and other charges referred to in clauses 4 and 5 of this contract are exclusive of value added tax.

7.   WHEN WE BILL

7.1 Drugs and any other supplies will be invoiced for payment on collection.

7.2 Consultations will be invoiced within 28 days of the date of the consultation for payment on delivery.

7.3 Disbursements or other fees incurred under clause 5 will be invoiced according to the circumstances of the case and in our absolute discretion provided that such invoices will be delivered not later than 28 days after those fees are incurred.

7.4  For insurance claims, you are responsible for settling your account in full directly with us at the time of treatment and then you claim reimbursement from your insurance company. Direct claims will only be accepted by prior agreement. An admin fee will be payable for each claim.

7.5 There is an out of hours fee payable in advance for all calls for emergency veterinary visits. 

7.6 New clients are required to pay in advance, until an account with us has been opened and approved. 

8.  PAYMENT

8.1 Unless the invoice states otherwise, our invoices are due for payment on delivery to you and in accordance with the instructions for payment set out on them. We politely request that payment is made within 14 days. 

8.2 If an invoice is overdue for payment, we reserve our right to suspend or terminate our services to you and others with whom you are associated. 

8.3 If we are instructed to treat your animal by a person who is not the owner named in its passport but can reasonably be supposed to be responsible for its welfare at the time the instruction is given, both you and that person are jointly and severally liable for our fees and any other fees due under clause 5.

8.4 If any fees due under this contract are paid by a person other than you or the person ordering the services under clause 8.3 or as ordered by a court, you remain liable to pay us any fees to the extent that the other person does not pay us in full.

8.5 Examination/treatment for new clients and second opinions/referrals will be invoiced in advance. Tests or samples for external diagnostic laboratories need to be paid for in full before samples are sent. Results (including but not limited to laboratory reports, radiography interpretation etc) will not be released until we receive full payment for charges incurred. 

8.6 We cannot offer credit to clients. The Royal College of Veterinary Surgeons permits any veterinary practice, where a fee remains unpaid, to place the matter in the hands of a debt collection agency or to institute civil proceedings.

8.7 Historical debts must be paid in full prior to any further veterinary service being provided. An up-front fee will also be required to be paid in advance before any further visit is undertaken, for clients with invoices that are not settled when due, as per our payment terms.

8.8 If patient records are requested to be released to another practice where the client owes money to us, then immediate payment in full must be provided before release. Transferred records may include comment on non-payment. 

9.  FEEDBACK AND COMPLAINTS

If you would like to discuss ways in which our services could be improved or if you are not satisfied with any aspect of them, please contact Dr. Espinar whose aim is to resolve any problems promptly and to your satisfaction.  The Royal College of Veterinary Surgeons has a complaints procedure which may be accessed at www.rcvs.org.uk or by telephoning the College on 0207 222001.

10.  TERMINATION OF OUR SERVICES

10.1 You may terminate our services at any time by written notice.

10.2 We may terminate our services on immediate notice (oral or written) if you are aggressive either physically or verbally to any member of staff or third party instructed by us in connection with the provision of services to you or if you do not co-operate with our reasonable advice and requirements for treating your animal and/or it would be impractical, unethical or unlawful for us to continue. 

10.3 We may terminate our services on reasonable notice (written or oral) if you fail to pay our fees or those of a third party in accordance with this contract.

10.4 On termination in accordance with this clause, all fees arising from or connected with your case are due for immediate payment and we reserve the right to retain all radiographs and similar items to which we are entitled until all fees have been paid.    

11. RESPONSIBILITY FOR ADVICE

All services provided by us are for your use and benefit only and may not be supplied or passed on to any other person without our prior written approval.  Our duty of care is to you as our client and does not extend to third parties unless we have given our written agreement to such extension.

13.  LIMITATION OF LIABILITY

In this clause, ‘loss or damage’ has the same meaning as in the Civil Liability (Contribution) Act 1978.  Our liability to you for breach of contract/breach of duty or otherwise arising out of our provision of services to you is limited to the amount that a court of competent jurisdiction allocates to us by way of proportionate liability having regard to contribution to your loss by any other person responsible to you for it provided that this clause shall not apply to any liability for death or personal injury, any other liability which cannot be lawfully excluded or limited or to liability arising as result of fraud by us.  It is agreed that in assessing the contribution referred to in this clause, no account shall be taken of any limit on the amount of liability or by any agreement made before the loss and damage in question occurred.

14.  OWNERSHIP OF RECORDS X-RAYS AND SIMILAR DOCUMENTS

14.1 Case records and similar documents are our property and shall be retained by us.  Copies with a summary of the history will be passed on your request to another veterinary surgeon taking over the case.

14.2 We may make specific investigations in a case which generate a documentary record such as an X-ray or ultrasound scan, ownership of which remains with us even though we charge for making the investigation and interpreting the result.

15.  LAW AND JURISDICTION

This contract is governed by English law and any disputes arising from or in connection with it shall be subject to the exclusive jurisdiction of the English courts.