1. IMPORTANT NOTICE
1.1 We provide digital infra-red thermal images for the detection, diagnosis and management of conditions by fully trained and registered veterinary professionals. Please note that we are strictly not permitted to diagnose, treat or recommend any treatment for an animal.
1.2 We operate under the name of “Veterinary Thermal Imaging Limited” with the kind permission of the Royal College of Veterinary Surgeons and, while we are committed to operating to the code of conduct which it promotes, we are not registered veterinary surgeons and are not regulated by it.
1.3 The following terms and conditions set out the basis on which we provide our services to you. Please read these terms and conditions carefully and in particular your attention is drawn to condition 8, which limits our liability to you under the contract.
2. INTERPRETATION
2.1 Veterinary Thermal Imaging Limited (“We” and “Us”) is a private company limited by shares registered in England and Wales under company number 07159409 whose registered office is at 10 Siareys Close, Chinnor, Oxfordshire. Our VAT number is 988770052.
2.2 The following definitions and rules of interpretation in this condition apply in these terms and conditions (“Conditions”):
“Confirmation”: the confirmation of the Services setting out our charges in respect of each animal, our expenses and the time and place at which the Services will be provided to you.
“Contract”: your order and our acceptance of it, or your acceptance of our quotation for Services under condition 3.
“Services”: digital infra-red thermal imaging of each animal at the time and place as set out in our Confirmation and production of the Report, together with any other services which we provide, or agree to provide, to you under the Contract.
“Report”: the report, including all text, images, tables and diagrams, produced by us as part of the Services under the Contract whether in writing or in any electronic format.
“VAT”: value added tax chargeable under English law for the time being and any similar additional tax.
“You”: the person, firm or company who purchases Services from us.
2.3 Headings in these conditions shall not affect their interpretation.
2.4 The Guidance Booklet and the Pricing Guide shall form part of the Contract.
2.5 A reference to writing or written includes emails, but not faxes.
3. THE CONTRACT BETWEEN US
3.1 By placing an order or accepting a quotation for Services by us, you offer to purchase the Services on these Conditions.
3.2 The Contract shall be formed between us when we accept your offer by issuing the Confirmation to you or (if earlier) we provide the Services to you.
3.3 These Conditions shall apply to the Contract and shall prevail over any inconsistent terms contained, or referred to, in any other document or implied by law, practice or course of dealing.
3.4 Any quotation is valid for 30 days from its date, unless previously withdrawn by us.
4. OUR OBLIGATIONS TO YOU
4.1 We shall:
(a) provide the Services to you as set out in the Confirmation;
(b) deliver the Report to you within two business days of providing the Services to you, unless otherwise specified in the Confirmation;
(c) use our reasonable endeavours to voluntarily observe the codes of conduct of the Royal College of Veterinary Surgeons in force from time to time;
(d) use our reasonable endeavours to observe all health and safety rules and regulations and any other reasonable security requirements that apply at the premises which you have communicated to us; and
(e) take all steps reasonably necessary to ensure that any data is treated securely and in accordance with our privacy policy.
5. YOUR OBLIGATIONS TO US
5.1 You shall:
(a) co-operate with us in all matters relating to the Services, including providing us with access to each animal, the premises and such equipment and other facilities as reasonably required by us;
(b) prepare each animal and the premises for the supply of the Services and provide to us such information as we may reasonably require, ensuring it is accurate in all material respects, as set out in the Guidance Booklet;
(c) inform us of all health and safety rules and regulations and any other reasonable security requirements that apply at the premises;
(d) ensure that any of your equipment which may be used in relation to the Services is in good working order and suitable for the purposes for which it is used; and
(e) pay our charges, together with expenses and VAT, as set out in condition 6 below.
5.2 If the performance of our obligations under the Contract is prevented or delayed by any act or omission by you, we shall not be liable for any costs, charges or losses sustained or incurred by you arising directly or indirectly from such prevention or delay.
6. CHARGES AND PAYMENT
6.1 In consideration of the provision of the Services by us, you shall pay the charges as set out in the Confirmation, which shall specify whether they shall be on a fixed price basis or a time and materials basis:
(a) Where Services are provided for a fixed price, the total price for the Services shall be the amount set out in Part 1 of the Pricing Guide at the end of the Conditions; and
(b) Where Services are provided on a time and materials basis, the charges payable for the Services shall be calculated in accordance with our standard daily fee rates, as set out in Part 2 of the Pricing Guide at the end of the Conditions.
6.2 Any fixed price and daily rate contained in the Pricing Guide excludes the cost of travelling to your premises and the cost of producing any additional copies of the Report, which shall be calculated as set out in Part 3 of the Pricing Guide at the end of the Conditions.
6.3 Subject to condition 6.4, you shall promptly pay the charges, together with expenses and VAT, where appropriate, in advance to us by cash, cheque or by debit or credit card (where accepted) before or at the time that the Services are provided by us.
6.4 Where you have agreed credit terms with us, we shall invoice you after the Services have been provided for the charges that are then payable, together with expenses and VAT, where appropriate. You shall pay each invoice submitted to you by us, in full and in cleared funds, within 30 days of receipt to a bank account nominated in writing by us.
6.5 All charges quoted to you shall be exclusive of VAT, which we shall add to our invoices at the appropriate rate;
6.6 Without prejudice to any other right or remedy that we may have, if you fail to pay us on the due date, we may charge you interest on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of Santander UK plc and suspend all Services until payment, including any interest accrued, has been made in full.
7. CANCELLATION
7.1 You are entitled to terminate the Contract and to receive a refund of any payments made in advance to us upon written notice to us, subject to the following cancellation charges.
If your cancellation is received by us:
(a) less than 48 hours before the Services are due to be provided, you shall pay to us a cancellation charge equivalent to 50% of the charges set out in the Confirmation; and
(b) less than 24 hours before the Services are due to be provided, you shall be pay to us a cancellation charge equivalent to 100% of the charges set out in the Confirmation.
7.2 You agree that such cancellation charges represent a fair estimate of the loss and expense which will be incurred by us in the event of the termination of the Contract.
7.3 If upon cancellation of the Services, you agree to rearrange the Services for such other time and date within 14 days of the date set out in the Confirmation as we may agree, we shall waive the cancellation charges in respect of condition 7.1(a) and reduce the cancellation charges in respect of condition 7.1(b) by 50%.
7.4 We shall be entitled to terminate the Contract without liability to you upon 24 hours written notice and either party shall be entitled to immediately terminate the Contract upon written notice in the event that the other party substantially fails to perform and observe all or any of the obligations contained in the Conditions or enters into liquidation or enters into any arrangement for the benefit of its creditors or is the subject of a bankruptcy petition or order.
7.5 All sums payable to us under the Contract shall become due immediately on its termination, despite any other provision. This condition is without prejudice to any right to claim for interest under the law, or any such right under the Contract.
7.6 Any termination of this agreement shall be without prejudice to any rights or remedies that may have accrued to either party.
7.7 We shall have no liability to you under the Contract if we are prevented from, or delayed in performing, our obligations under the Contract by events beyond our reasonable control.
8. LIMITATION OF OUR LIABILITY
8.1 This condition 8 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents, consultants, and subcontractors) to you in respect of:
(a) any breach of the Contract;
(b) any use made by you of the Services, the Report or any part of them; and
(c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
8.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
8.3 Nothing in these Conditions limits or excludes our liability:
(a) for death or personal injury resulting from negligence; or
(b) for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.
8.4 Subject to condition 8.2 and condition 8.3,
(a) we shall not be liable for:
(i) loss of profits; or
(ii) loss of business; or
(iii) depletion of goodwill and/or similar losses; or
(iv) loss of anticipated savings; or
(v) loss of goods; or
(vi) loss of contract; or
(vii) loss of use; or
(viii) loss of corruption of data or information; or
(ix) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
(b) our total 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 the Contract shall be limited to £50,000.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 As between you and us, all intellectual property rights and all other rights in the Report shall be owned or licensed by us.
9.2 We licence all such rights to you free of charge and on a non-exclusive, worldwide basis to such extent as is necessary to enable you to make reasonable use of the Report and the Services. If the Contract terminates, this licence shall automatically terminate.
10. GENERAL
10.1 The Contract constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
10.2 Each party acknowledges that, in entering into the Contract, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly provided in the Contract. Nothing in this condition shall limit or exclude any liability for fraud.
10.3 No variation of the Contract or these Conditions or of any of the documents referred to in them shall be valid unless it is in writing and signed by or on behalf of each of the parties.
10.4 If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.
10.5 You shall not assign, transfer, charge, mortgage, subcontract, declare a trust of or deal in any other manner with all or any of its rights or obligations under the Contract.
10.6 Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
10.7 A person who is not a party to the Contract shall not have any rights under or in connection with it.
10.8 The 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), shall be governed by, and construed in accordance with, the law of England and Wales.
10.9 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Contract or its subject matter or formation (including non-contractual disputes or claims).
PRICING GUIDE
Part 1. Fixed Price
LARGE - Horses, large livestock, large zoo animals
Back and saddle fit £50
Pair of feet £30
Pair of legs £30
Head and neck (including dental) £30
Barrel £30
Complete anatomical report £195
SMALL - Dogs and cats, small livestock, small zoo animals
One anatomical area e.g. pair of legs £40
Complete anatomical report £65
10% discount on Reports for 2nd and subsequent animals at same session (discount applies to the cheapest Reports) – for 3+ large animals a day or half-day session may be more cost effective
Part 2. Daily Rate
£450 per day (3hrs on site, 5 hrs report production off site), Reports for c. 5 full / large, 10 part / small animals
£350 (1.5hrs on site, 2.5hr report production off site) per half day, c. 3 full/ large 5 part / small animals
Additional time charged at £30 per 15 min block or part of, subject to availability
REGULAR SUBSEQUENT APPOINTMENTS – to qualify for reduced rate book follow-on session within next calendar month.
Day session (3hrs on site, 5hrs report production off site) £350, Reports for c. 5 full / large, 10 part / small animals
£250 per half day (1.5hrs on site, 2.5 hrs report production off site) c. 3 full/ large 5 part / small animals
Additional time charged at £30 per 15 min block or part of, subject to availability
Part 3. Expenses
Call out: Travel at 50p per mile (one-way only).
Additional copies of reports: £5 each if produced and mailed at same time as original Report, £10 if requested at a later date.
