Version 2018

General terms and conditions of the Royal Dutch Society for
Veterinary medicine and addition EquinePRO BV

General Terms and Conditions KNMvD, version 2018, filed with the Central Netherlands District Court under number 22/2008

Article 1: Definitions

In these General Terms and Conditions the following definitions apply:

Treatment Agreement: the agreement (of assignment) between the Veterinary Practice and the Client to provide veterinary treatments, supply and/or administer medications and/or provide advice and/or perform (veterinary) examinations.

Client: the owner and/or the provider of the Patient on whose behalf the Veterinary Practice carries out the Treatment Agreement.

Debtor: the person in whose name the Veterinary Practice invoice is issued.

Veterinary surgeon: the person who is admitted to practice veterinary medicine on the basis of (currently) the Animals Act and is registered in the appropriate register, who is a member of the Royal Dutch Society for Veterinary Medicine and who provides veterinary (treatment) treatments on behalf of the Client carries out and/or, in this context, supplies and/or sells and/or administers medicines and/or provides other veterinary advice and services.

Veterinary practice: the Veterinarian(s) as defined above as well as the practice that the Veterinarian(s) operates using all (auxiliary) persons, including but not limited to veterinarians, laboratory assistants, etc., whether or not on the basis of an employment contract (en), in any legal form and/or collaboration.

Patient: the animal, animals or groups of animals offered for treatment by the Client and/or the animal, animals or groups of animals about and/or for the benefit of which medications are supplied and/or administered and/or other veterinary advice is given and veterinary services are provided.

Article 2: Applicability

2.1 These General Terms and Conditions apply to all offers and agreements, including Treatment Agreements, between the Veterinary Practice and the Client whereby the Veterinary Practice provides goods and/or services of any nature and under which

whatever name is supplied to the Client, unless otherwise stated expressly and in writing.

2.2 Any general terms and conditions used by the Client do not apply and are agreed upon by the Veterinary Practice.

expressly rejected.

2.3 Additional and/or deviating terms and conditions only apply between the parties if the Veterinary Practice has expressly agreed in writing to these additional and/or deviating terms and conditions.

Article 3: Establishment of agreement

3.1 All offers and other expressions from the Veterinary Practice to conclude an agreement are without obligation, unless the Veterinary Practice indicates otherwise in writing.

3.2 The agreement to be concluded between the Veterinary Practice and the Client will only be legally valid from the moment the agreement has been confirmed in writing by the Veterinary Practice, or when the Veterinary Practice has started implementing the agreement and/or has delivered the medicines to be delivered. delivered and/or administered.

3.3 If an offer to conclude an agreement does not ultimately lead to a definitive agreement, the Veterinary Practice is at all times entitled to charge all costs that the Veterinary Practice has had to incur in making the offer to the Client.

3.4 The Veterinary Practice has the right to refuse and/or only accept under certain conditions the conclusion of a Treatment Agreement with regard to a Patient presented to it for treatment, if the Veterinary Practice is of the opinion that treatment of the Patient is not or has a completely inadequate chance of success, unless the Veterinary Practice is obliged to treat the patient presented on the basis of legal and/or behavioral/disciplinary regulations.

Article 4: Contents of agreement

4.1 The Treatment Agreement concluded between the Veterinary Practice and the Client is not an obligation of result and only leads to an obligation of the Veterinary Practice to provide veterinary treatment and/or advice and/or to supply and/or administer medication in the context thereof.

4.2 The Veterinary Practice carries out the work referred to in the previous paragraph to the best of its ability and with the care that can be expected of it.

4.3 The Veterinary Practice has the right to use third parties when executing the Treatment Agreement.

4.4 The Treatment Agreement may also consist of the delivery of veterinary medicines and/or the administration of veterinary medicines, to the extent legally permitted and in accordance with the provisions of Article 4.5 below, by the Client himself, whether or not on behalf of third parties, including administration on behalf of government agencies. In the event that this is the case, the provisions of Article 8.8 also apply.

4.5 The mere fact that the Veterinary Practice is involved in the sale, supply and/or administration of veterinary medicines and/or provides assistance in this regard does not release the Client and/or third parties from the

the Client and/or the relevant third party with regard to the Patient under the laws and regulations in the context of the administration and dispensing of veterinary medicines, including administrative obligations.

Article 5: Early termination of agreement

• 5.1 The Treatment Agreement is terminated prematurely by:
  the explicit request of the Client, whereby the Client will, if necessary, be informed by the Veterinary Practice of the possible consequences of this premature termination for the Patient and, if termination takes place against the advice of the Veterinarian and/or the Veterinary Practice, it will be pointed out that this will take place at the risk of the Client and, if necessary, have the Client make a written statement about this. The Client is obliged to fully cooperate in this regard.
• the death of the Patient.
• a unilateral decision by the Veterinary Practice, if the Veterinary Practice is of the opinion that it cannot reasonably be expected to continue the veterinary treatment because there is no longer a reasonable chance of an intended and/or desired result.
• a unilateral decision by the Veterinary Practice if the trust between the Veterinary Practice and the Client has been seriously disrupted.

5.2 If the Treatment Agreement is terminated prematurely at the unilateral request of the Veterinary Practice, the Veterinary Practice will, before doing so, inform the Client of this and explain its motivation to the Client unless this is not possible or not possible in time.

5.3 If an agreement is terminated prematurely, the costs incurred and the agreed compensation will be charged to the Client in proportion to the work already carried out, unless there is indivisible work, this at the discretion of the Veterinary Practice.

Article 6: Rates, fees and payment

6.1 The Veterinary Practice determines the rates and fees to be charged according to its own rates depending on time and circumstances. The calculated VAT is stated on the invoice.

6.2 Payment of the Veterinary Practice's invoice can be made in cash, immediately after the procedure, unless otherwise agreed.

6.3 The Veterinary Practice has the right, where appropriate, to require a down payment from the Client prior to the performance of its work and not to commence its work until after the amount has been received by the Veterinary Practice, unless the Veterinary Practice is required by law to and/or conduct/disciplinary regulations are obliged to treat the patient presented immediately.

6.4 For non-cash payments, a payment term of 14 days after the invoice date applies, in which case administration costs may be charged.

6.5 If multiple invoices are outstanding, non-integral payments will be deemed to serve to settle the oldest invoice.

6.6 In the event of late payment, the Debtor will be immediately and legally in default due to the mere expiration of the payment term and the Debtor will owe statutory interest on the principal sum or the remainder of the outstanding claim.

6.7 The Debtor is not entitled to suspend any (payment) obligation to the Veterinary Practice, nor is the Debtor entitled to set off, on any basis whatsoever, with regard to amounts charged and/or to be charged by the Veterinary Practice. brought.

6.8 If the Debtor is in default and collection is initiated, the Debtor is obliged to pay both the extrajudicial and judicial collection costs, in addition to the amount owed and the interest accrued thereon.

6.9 If the Client does not collect the Patient from the Veterinary Practice or does not collect it on time after completion of the veterinary treatment, the Veterinary Practice has the right to charge the Client for all associated additional costs.

6.10 Payments from the Debtor will first serve to settle the costs owed, then to pay the interest due and only then to settle the oldest outstanding invoice.

Article 7: Complaints

7.1 The Client is obliged to immediately inspect the performance to be performed and/or goods to be delivered by the Veterinary Practice, including medicines, for immediately noticeable defects and/or imperfections.

7.2 If the Veterinary Practice uses the KNMvD Complaints Regulations established by the KNMvD, the Client can make use of them. If the website of De Veterinary Practice does not state that it uses the KNMvD Complaints Regulations, then the Complaints Regulations do not apply in principle. At the Client's first request, the Veterinary Practice will indicate whether it still applies or wishes to apply the KNMvD Complaints Regulations.

7.3 Without prejudice to the provisions of any applicable KNMvD Complaints Regulations, the Client must submit complaints about the services provided to the Veterinary Practice (preferably in writing). If this period of 30 days is exceeded, any claim against the Veterinary Practice regarding any defect and/or any imperfection will lapse.

7.4 If the Veterinary Practice considers the complaint about the performance provided to be well-founded, the Veterinary Practice has the right at all times to:

a. if that is still possible, to perform this performance correctly within a reasonable period or;

b. to credit the amount owed by the Client;

this is at the discretion of the Veterinary Practice.

Article 8: Liability

General

8.1 If the Veterinary Practice and/or the Veterinarian will be liable to the Client in any way, this liability will at all times be limited to the amount paid out in the relevant case by the liability insurance of the Veterinary Practice or the Veterinarian.

8.2 Liability for indirect damage is at all times excluded, including but not limited to consequential damage, lost profits, lost savings and damage due to (business) stagnation and the like.

8.3 The execution of the agreement takes place exclusively for the benefit of the Client. Third parties cannot derive any rights from this agreement and its implementation.

8.4 Except for the cases mentioned in this article, any liability is excluded.

8.5 The Client indemnifies the Veterinary Practice against all claims from third parties that may result, directly or indirectly, from the execution of the agreement.

Exceptional provisions

8.6 If a veterinary examination is carried out pursuant to the Treatment Agreement, the following provisions apply, insofar as they deviate from the provisions in the previous paragraphs of this article:

8.6.1 The examining Veterinarian and/or the Veterinary Practice are not liable for this

any damage - expressly including financial and consequential damage - caused by the performance of the inspection or by inaccuracies and incompleteness in the preparation of the examination report, unless it is established that this damage is due to intent or gross negligence on the part of the examining Veterinarian.

8.6.2 With regard to the liability mentioned under 8.6.1, only the Client - within the frameworks stated there - has a right of action against the examining Veterinarian and/or the Veterinary Practice; No persons other than the Client can derive any right to compensation from the investigation report.

8.6.3 The liability of the Veterinary Practice and the Veterinarian will at all times be limited to the amount paid out in the relevant case by the liability insurance of the Veterinarian and/or the Veterinary Practice

8.6.4 If the Client and/or third parties believe that the patient's state of health at the time of the present inspection does not correspond to what is stated in the examination report, they must do so, under penalty of forfeiture of any right of action against the Veterinarian and/or the Veterinary practice within a reasonable time to notify their other party in writing (for example in the purchase agreement) and to sue them for compensation for damage, while simultaneously providing a copy of this notification to the examining Veterinarian and the Veterinary Practice.

8.6.5 Disputes regarding the performance of the inspection and/or the completion of the investigation report are exclusively governed by Dutch law and only the Dutch court has jurisdiction to hear them.

8.6.6 If the Client is not the owner of the animal, he guarantees that the owner has granted permission to carry out the veterinary examination and that Articles 8.6.1 to 8.6.5 can also be invoked against the owner .

8.6.7 Articles 8.6.1 to 8.6.6 also apply if the Client does not sign the investigation report.

8.7 If the services requested by the Client from the Veterinary Practice relate to the import or export of animals, including but not limited to issuing (health) declarations, the liability of the Veterinary Practice is excluded. In this context, the Client indemnifies the Veterinary Practice against claims from third parties on any grounds whatsoever.

8.8 The exclusion of liability referred to in Article 8.7 does not apply if there is intent and/or gross negligence, which will in any case also be the case when the Veterinary Practice and/or the Veterinarian knowingly cooperates in illegal trade.

8.8 Without prejudice to the provisions of the previous paragraphs of this article, the Veterinary Practice excludes any liability, unless there is intent and/or gross negligence on the part of the Veterinarian and/or the Veterinary Practice:

• for damage resulting from the administration of veterinary medicines by the Client himself and/or;
• for damage resulting from the administration of veterinary medicines on behalf of third parties, including administration on behalf of government agencies and/or;
• for injury and/or damage resulting from the administration of these substances, any side effects thereof and/or;
• for carelessness in the fulfillment of the applicable administrative obligations and associated evidentiary problems.

8.9 Concluding an agreement and/or performing veterinary work

treatments and/or the delivery and/or administration of medicines and/or the provision of veterinary advice and services in this context do not affect the strict liability of the Client and/or third parties for damage caused by the animal within the meaning of art. . 6:179 BW.

Article 9: Ownership and data

9.1 The Veterinary Practice retains at all times ownership of copies, documents and other information carriers such as X-rays that relate to the Patient and the execution of the agreement.

9.2 The Veterinary Practice will keep these documents for 5 years. The Client can obtain copies of these information (carriers) and/or other documents upon request for a fee of the cost price.

9.3 For the execution of the agreement, the Veterinary Practice uses the (personal) data that the Client provides to the Veterinary Practice. When processing the Client's personal data, the Veterinary Practice complies with the applicable laws and regulations in the field of Privacy.

Article 10: Special provisions

Entering stables/Location of work

10.1 If the treatment of the Patient gives reason to do so, the Veterinary Practice has the right to deny anyone, including the Client if necessary, access to the stables or another location where the treatment takes place and/or to impose other conditions. that he considers necessary for the treatment. The Client is obliged to comply with this.

Research

10.2 The Veterinary Practice has the right to use (parts of) the Patient or substances derived from the Patient for statistical and/or scientific research, or to use them in a publication, unless the Client has expressed explicit and insurmountable objections to this. If necessary and if possible, the Veterinary Practice will notify the Client in advance of its intention to use the aforementioned data for research.

Article 11: Applicable law and dispute resolution

11.1 The agreement and all agreements that may arise from it between the Veterinary Practice and the Client are exclusively governed by Dutch law.

11.2 The court in the district where the Veterinary Practice is located has exclusive jurisdiction to hear disputes between parties, without prejudice to the authority of the Veterinary Practice to submit a dispute to the competent court according to the law.

Addition

When entering into this agreement, EquinePRO BV expressly points out to you the applicability of the general terms and conditions of the Royal Dutch Society for Veterinary Medicine, filed with the registry of the District Court in Utrecht under number 22/2008 (the General Terms and Conditions). These conditions apply to all our activities. The general terms and conditions contain a general limitation of liability as well as a specific limitation of liability for veterinary inspections (Article 8 of the General Terms and Conditions).

The liability of EquinePRO BV is limited by the professional liability insurer of EquinePRO BV to the amount paid in this regard. The maximum amount to be paid out is €100,000. The policy conditions/sheets are made available free of charge by EquinePRO BV. By signing this form you agree to the General Terms and Conditions. The undersigned, owner or authorized supervisor of the horse described above, hereby declares that he gives permission to EquinePRO BV and its employees to carry out the requested and/or necessary examinations and treatments. The undersigned declares that he is aware of the possible risks of complications that may occur as a result of treatment. If you have any questions after reading and completing this form, you can ask one of the veterinarians.

Dutch law applies to this agreement. Possible disputes arising from or in connection with this confidentiality statement will be assessed by the competent court in Utrecht, the Netherlands.