Terms and Conditions of Business and Client Contract
1. WHO WE ARE
Espinar Equine is the business name of Dr. Emiliano Espinar Garcia-Pego CertEP MRCVS. The registered office is: Calyx House, South Rd, Taunton TA1 3DU. References in this contract to ‘we’ and ‘us’ are references to Dr. Espinar 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.
3.1 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.
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.
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.
8.2 If an invoice is overdue for payment, we reserve our right to give you notice that we 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.
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.
Online Shop/ Sale of Veterinary Medicines
By placing any order with us you confirm that:
* You have read the information provided on this page and agree to our terms and conditions of business.
* Any medicines purchased are for use on your own animals and won’t be resold.
* Any medicines purchased will be used according to the product’s authorisation. A link to the Summary of Product Characteristics (SPC) sheet is shown in the “Medicine datasheet” tab on the product page of relevant items. You confirm that you have read the Summary of Product Characteristics (SPC) when trying to purchase any prescription medication and that you know how to use the product. If you are unsure or have any questions please contact us prior to purchase.
What is a prescription?
This is a written instruction from a vet explaining which medicine is required, the dose to be given, and details about the patient and person who prescribed it.
Which authority governs prescriptions and the supply of veterinary medicines?
The Veterinary Medicines Directorate (VMD) is responsible for overseeing the supply of veterinary medicines for animals. They are a British Government department attached to DEFRA. Their guidance notes regarding all aspects of Veterinary Medicinal Products can be viewed here. Please note that it is an offence for a person to submit a fraudulent prescription to obtain veterinary medicines and for a person to alter a prescription unless authorised to do so by the prescriber. Any suspected cases of fraud or unlawful alteration of a prescription will be referred to the VMD.
Which medicines require a prescription?
Some medicines are legally classed as prescription-only in order to ensure your horse’s health and safeguard the general public. This is because certain medicines may cause harm if used incorrectly. You can buy prescription-only medicines from your vet, a pharmacy, or an authorised internet retailer. On our website, all medicines are clearly labelled as “Prescription required”, with a lock icon. You will be required to upload a valid prescription before checkout.
How do I get a prescription?
You have to ask a vet to provide you with a signed prescription. There will be a small charge for this. You then need to upload the prescription or send it to us before we despatch any “prescription only” medicines.
How long are prescriptions valid for?
In accordance with RCVS regulations, veterinary prescriptions are valid for 6 months. After this time, we will usually need to visit and do a check-up on your horse before issuing another prescription. We do offer “repeat prescription”, which allows you to buy the medicines a specific number of times. For example, you may have a prescription for a box of sachets that will last for two months. If this is authorised for 3 repeats, you can therefore buy one box 3 times within the 6 month period (meaning you will have enough to last for the whole 6 months, without needing to request another prescription for each individual box).
Can vets refuse to issue a prescription?
Legally a vet is obliged, on request, to issue a written prescription for a medicine they would be prepared to sell to you themselves. Note the guidelines above regarding potential check-ups. Remember that legally, only vets can decide which prescription-only medicines are to be used in any particular animal.
Can I return prescription medicines?
Due to VMD pharmaceutical regulations regarding the safe dispensing, storage and condition of medicines, all dispensed items (prescription and non-prescription) are non-returnable and non-refundable. We do not accept returns of any medication, for any reason. If you have unwanted or unused medication, it can be disposed of safely by a vet.
What additional restrictions are there for Controlled Drugs?
For safety reasons, we do not sell controlled or scheduled drugs to our clients.
Where can I find more information about Authorised Medications?
Information about all UK authorised medicines can be found in the “Summary of Product Characteristics” (SPC) datasheet, which are available on the VMD website here.
How can I report a suspected problem, side effect or lack of effect regarding a medicine I have used?
Occasionally some sort of side effect, or other adverse response, will result from the use of medication in animals. Anyone can report a suspected adverse reaction (vet, nurse, animal owner or keeper, etc) on the VMD website by clicking here.
We hope that you find our service to be exceptional, however if you have a complaint about our online shop please contact us in writing at: firstname.lastname@example.org or refer to our terms and conditions of business. You can find our complaints policy listed above.
Who is your Registered Qualified Person?
Dr Emiliano Espinar LdoVet CertEP MRCVS (RCVS reg no: 6155343).
Where can I find information about your qualification status?
Please click here to access the RCVS “Find a Vet’ web page, where you can check the registration status of any vet or practice.
Where can I find information on your Authorised Internet Retailer Status?
Please click here to access the VMD’s list of accredited retailers.