Da Vinci Clinic supplies goods and services to the patient subject to the following terms and conditions which will prevail despite any indication to the contrary by any person acting or purporting to act on behalf of Da Vinci Clinic.

PATIENT SERVICE & ORDERS

Receipt of this signed application will be deemed to be acceptance by the Patient of these terms and conditions, notwithstanding anything that may previously have been stated to the contrary to the Patient.

PRICE

All quotes and estimates for services are GST exclusive unless otherwise stated, and the Patient must pay the GST and other applicable taxes and duties on any invoices tendered by Da Vinci Clinic to the Patient for payment.

TERMS OF PAYMENT

Payment is due immediately following completion of consultation and/or procedure unless otherwise agreed in writing by Da Vinci Clinic.

DEFAULT

If a Patient elects not to proceed with any procedure:

  1. Da Vinci Clinic may suspend or terminate any arrangement and any amount owing shall become due and payable immediately notwithstanding paragraph 3.1 of these terms;
  2. Da Vinci Clinic may require security for existing obligations to its full satisfaction before any further procedures are made available to the Patient;
  3. Da Vinci Clinic may (without the consent of the patient) appoint a receiver inrespect of any amount owing and any receiver is authorised to do anything referred to in these terms and conditions and otherwise to exercise all rights.
  4. Any amount owing shall become immediately due, irrespective of clause 3.1.
  5. If the Patient does not pay the Amount Owing by its due date, the Patient will be liable to compensate Da Vinci Clinic by paying interest (as liquidated damages in addition to the Amount Owing) on the Amount Owing from the due date until the date of payment at a rate equal to 2% above the current overdraft rate which Da Vinci Clinic has with its principal trading bank.
  6. The Patient must pay all costs incurred by Da Vinci Clinic in the enforcement of these terms and conditions, including costs on a solicitor-client basis and debt collectors’ costs.
  7. Payments by the patient will be applied first in reduction of interest, liquidated damages and costs, the balance then being in reduction of any other amount owing.

WARRANTIES AND CONDITIONS

No warranty or condition will be implied against Da Vinci Clinic by any statute, at common law or otherwise. No representation, express condition, warranty or variation of these terms and conditions will bind Da Vinci Clinic unless it is in writing and signed on behalf of Da Vinci Clinic.

LIABILITY

The patient enjoys rights under the Consumer Guarantee Act 1993, the Health and Disability Commissioner Act 1994 and the Code of Rights and any amendments thereof. Da Vinci Clinic’s liability to the patient is limited to the price of the services in respect of which such liability arises. Da Vinci Clinic will have no further liability or responsibility for any direct, indirect or consequential injury, loss or damage whatsoever and howsoever arising.

USE OF INFORMATION SPECIFIC TO CREDITWORTHINESS AND SPECIFICALLY EXCLUDING PERSONAL HEALTH INFORMATION

The patient agrees that Da Vinci Clinic may obtain information about the patient from the patient or any other person and credit or debt collection agency in the course of Da Vinci Clinic’s business, including credit assessment, debt collecting and the patient consents to any person providing Da Vinci Clinic with such information and that Da Vinci Clinic may use any information it holds about the patient relating to the patient’s creditworthiness and give that information to any other person, (including any credit or debt collection agency) for credit assessment and debt collection purposes.

The patient agrees that any other information collected by Da Vinci Clinic about the patient is accessed or collected in the course of its business.

The patient must notify Da Vinci Clinic of any change in circumstances that may affect the accuracy of the information provided by the patient to Da Vinci Clinic or any company related to Da Vinci Clinic. If the patient is an individual (i.e.: a natural person) the patient has rights under the Privacy Act 1993 to access and request the correction of any personal information held by Da Vinci Clinic.

GENERAL

Rights Powers and Remedies: The rights, powers and remedies provided for in these terms and conditions are in addition to, and do not limit or exclude (or otherwise adversely affect), any right, power or remedy provided to Da Vinci Clinic by law.

Waiver: If Da Vinci Clinic exercises or fails to exercise any right or remedy available to it, this shall not prejudice Da Vinci Clinic’s rights in exercising that or any other right or remedy. Waiver of any term of these terms and conditions must be specified in writing and signed by an authorised officer of Da Vinci Clinic.

Assignment: Da Vinci Clinic is entitled at any time to assign to any other person all or part of any debt owing by the patient to Da Vinci Clinic.

Review: Da Vinci Clinic reserves the right to review any of these terms and conditions at any time and from time to time. If, following any such review, there is any change to these terms and conditions that change will take effect from the date on which Da Vinci Clinic gives notice to the patient of such change.

Severability: If any part of these terms and conditions is held by any Court to be illegal, void or unenforceable, such determination shall not impair the enforceability of the remaining parts of these terms and conditions.

Mortgage Rights: The Patient will “upon demand” by Da Vinci Clinic execute and complete a proper registrable mortgage over any land the Patient has an interest in. The mortgage shall be prepared by Da Vinci Clinic’s solicitors at the cost of the Patient and shall be on the Auckland District Law Society “Fixed Sum” form of mortgage current at the time. If the Patient neglects or refuses to enter into and execute the mortgage upon demand as aforesaid then Da Vinci Clinic may, in the name of the Patient or otherwise, execute the mortgage to Da Vinci Clinic and for that purpose the Patient irrevocably appoints a director of Da Vinci Clinic or any attorney appointed by him to be the Patient’s attorney to execute the mortgage.

Governing Law: These terms and conditions are governed by and construed in accordance with New Zealand law, and the parties hereby submit to the non-exclusive jurisdiction of the courts of New Zealand.

DEFINITIONS

In these terms and conditions: “Amount Owing” means, at any time, the unpaid price charged by Da Vinci Clinic for the services provided, and any other sums which Da Vinci Clinic is entitled to charge under these terms and conditions or which are otherwise owing by the patient to Da Vinci Clinic (in whatever capacity).

An “Event of Default” means an event where:

the patient fails to comply with these terms and conditions or any other agreement with Da Vinci Clinic; or

an event occurs or information becomes known to Da Vinci Clinic (including, without limitation, any report or information provided to Da Vinci Clinic by an Investigator appointed by Da Vinci Clinic), which in Da Vinci Clinic’s opinion, might materially affect the the Security Interest, or the patient’s ability or willingness to comply with its obligations under these terms and conditions or any other agreement with Da Vinci Clinic; or

any guarantor of the patient’s obligations under these terms and conditions is in default under any agreement with Da Vinci Clinic (in any capacity); or

Da Vinci Clinic considers the patient may be unable to meet its payment obligations under these terms and conditions.

Services” means all services supplied from time to time by Da Vinci Clinic to the patient.