1. The terms of this Agreement set out the entire agreement between us for the supply to you of the services set out in our Wellness Plan promotional literature, copies of which have been provided by Four Corners Veterinary Clinic to you.
2. You should check the terms of this Agreement in detail before committing yourself to its terms. If you think there is mistake in this Agreement, or if you have any questions about this Agreement, then you should contact us immediately and ask us to make any necessary amendments in writing. Once you sign this Agreement you will be bound by its terms.
3. If the terms on page 1 differ from the terms on this page, then the terms on page 1 will prevail. This is to ensure that the terms written on the front sheet of this Agreement take precedence.
4. Our Wellness Plan is designed to help you spread your veterinary costs over a 12-month period by making monthly payments to Four Corners Veterinary Clinic.
5. Because your costs for the included services are spread over 12 months, this is a 12-month Agreement, and you may not end this Agreement or stop paying the monthly payments other than at the end of the 12-month period.
6. The services and products included in this Agreement must be used during the current term of this Agreement. Any unused services and products will not roll over to a renewal term.
7. You may end your agreement by providing written notice 30 days prior to the end of the anniversary of this Agreement.
8. Unless you give us notice that you do not want to renew this Agreement as set out in clause 12 above, this Agreement will renew automatically for another 12-month term.
9. In the event that you cancel your plan outside of the terms of this Agreement, you understand that you are responsible for payment of services used on your plan. Four Corners Veterinary Clinic will collect an early cancellation fee in the amount of $45.00, in addition to any balance owed.
10. Four Corners Veterinary Clinic has the right to terminate this Agreement at any time for any reason.
11. The services will only be provided, and the plan shall only apply in respect of the specific pet named on page 1 of this Agreement.
12. The services will at all times be provided by Four Corners Veterinary Clinic in accordance with the normal standards of veterinary care. However, we can only provide the services pursuant to appointments which you make, and it is your responsibility to make sure that the pet(s) covered by the plan attend our practice for checkups in accordance with the plan. We can also only provide the services on the basis of the information which we have about your pet(s) and you must let us know about all relevant information concerning your pet(s) including details of their general health and well-being.
13. The monthly payments you are required to make to us are set out on page 1 of this Agreement.
14. The monthly payments will be collected by Four Corners Veterinary Clinic in accordance with the instruction set out on page 1. Monthly payments will be collected monthly following the date you sign this Agreement until such time as this Agreement expires or is terminated for whatever reason.
15. The cost of supplying veterinary treatment can vary from time to time due to, for instance, fluctuations in the cost of vaccinations and drugs. We therefore reserve the right to vary the monthly payments.
16. There are instances in which your payment may be rejected by your bank or credit union. If this happens and we are unable to collect a monthly payment from you, we reserve the right to charge interest to you at the rate of 4% above the base rate of the Federal Reserve and / or suspend the provision of services and / or cancel the Agreement until such time as all arrears have been cleared.
17. Unless you rectify any non-payment, we shall also be entitled to claim damages from you. The starting point for the calculation of those damages will be the cost of services used during the plan term.
18. There may be instances where we are unable to provide services for reasons beyond our reasonable control. Such circumstances include (but are not limited to) the absence or illness of suitably qualified veterinary staff and / or where we have a shortage in the supply of necessary vaccinations or drugs. If we experience delays in the provision of the services to you for reasons beyond our control, we will do what we reasonably can to minimize the delays and accommodate you and your pet with another appointment. However, we will not be liable to you for a failure to deliver the services in these circumstances.
19. We reserve the right to transfer our right under this Agreement to any other suitable person provided that we give notice to you. This Agreement is personal to you and the pet’s name on page 1. You cannot transfer the benefit of this Agreement to any other person or pet to which this Agreement relates without our prior written consent.
20. If at any time during this Agreement either you or we decide to take no action against the other where the other has failed to comply with the terms of this Agreement that party shall not assume that the other will do the same on another occasion.
21. All notices given under the provisions of this Agreement must be in writing and shall be delivered personally, by e-mail, other next working day delivery service or commercial courier.
22. We will hold and process your personal data in accordance with the Data Protection Act 1998 and shall ensure that any third part to whom we disclose your data for the purpose of administering the plan also processes your data pursuant to the Data Protection Act 1998 and the Privacy policy set out below. In the courses of the provisions of services it may be necessary to provide your details to our agents, employees, group companies and other service providers and you hereby give us your authority for us to do so.
23. To the extent permitted by law, you hereby release us, our affiliates, employees, agents, and representatives from any and all liability, damage, loss, cost or expense incurred by you, whether or not due to the negligence or other acts or omissions of Four Corners Veterinary Clinic.
24. If any tribunal or other competent authority decides that any of the provisions of the Agreement is or are invalid, unlawful or unenforceable to any extent, the term(s) will, to that extent only, be severed from the remaining terms of this Agreement which will continue to operate to the fullest extent operated by law.
25. This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Oregon, exclusive of conflict or choice of law rules.
26. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration before one arbitrator. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.