1.1 References to “us”, “we”, “our”, “seller” refers to K B Anaesthetics Limited.
1.2 References to “you”, “your” and “buyer” refers to any legal entity purchasing from the seller.
2.1 You agree to be bound by these terms and conditions when you or your agent place a booking with us. Your agent may include your surgeon, or the hospital management acting on your behalf.
2.2 The failure by us to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy by us in respect of any existing or subsequent breach of these Terms and Conditions.
3.1 All prices as given are stated and are payable in New Zealand dollars (NZD) and exclude GST unless specified otherwise.
4.1 You agree that you will pay us for our services (unless you are covered by ACC).
4.2 The surgeon and hospital will charge you separately for their services and costs. The hospital's fee includes the cost of all anaesthetic gases, drugs and other consumables, but it does not cover the anaesthetic service itself. Our fee is not included in either of their bills.
4.3 If you have medical insurance then you are responsible for making the claim to your insurer. If the insurance does not fully cover the costs then you are responsible for making up any shortfall.
4.4 We accept payments by bank transfer and cash paid in at ASB. We no longer accept cheques.
4.5 We can accept credit and debit card payments through a third party provider, but in this case you agree to pay for any surcharge.
4.6 If your bank (or any other bank that processes your payment) adds a fee to us or deducts a fee from your payment, then you agree to increase your payment to cover that fee.
5.1 In some cases we may ask for a prepayment on your account before your procedure. In this case we will issue you with an interim invoice.
5.2 All prepayments must be paid in full 7 days ahead of the appointment.
5.3 If the cost of the service exceeds the prepayment we will issue you a final invoice showing the total cost and the amount you prepaid. You will have 30 days to settle the final invoice.
5.4 If the cost of the service is below the prepayment, your account will be credited and you will be eligible for a refund.
6.1 For some cases we may offer a “fixed fee” for your anaesthetic service in advance of your procedure. However we reserve the right to modify the fee in some cases. Examples include: a) The procedure takes longer than expected; b) You require more than expected care before, during, or after your procedure. c) There are medical or other factors that increase the complexity of your care that we were not aware of when we made the fixed fee offer. d) The procedure changes after the fixed fee is offered. This includes changes to the procedure while you are under anaesthesia and as directed by the surgeon. For instance if a colonoscopy requires additional biopsies because of findings by the surgeon during the case.
7.1 We reserve the right to charge you a $100 no show/cancellation fee if you fail to make your appointment or cancel your appointment within 2 working days of the scheduled time.
7.2 We reserve the right to cancel or rearrange any appointment at any time, but in this case there will be no cancellation fee.
8.1 In the event that your account is not fully paid by the due date, we reserve the right to add a $20 administrative fee and charge you interest at a rate of 3% per month or at the current rate of our bank's unauthorised overdraft facility (whether used or not), whichever is the greater.
8.2 If after 60 days your account is still not fully paid, we reserve the right to refer your account to a debt collection agency and charge you an additional $50 administration fee plus all costs we incur through the collection of your account. The debt collection agency may also charge you additional fees.
8.3 If after 90 days your account is still not fully paid we reserve the right to take the account to a Dispute Tribunal or Arbitration and add to your account all costs incurred.
9.1 If your account is in credit, you may ask for a refund at any time. Refunds will normally be processed within 14 days.
9.2 If you do not ask for a refund we will hold the funds against any future service we may offer you.
10.1 To the maximum extent permitted by law, the seller disclaims all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any product or any information supplied to the buyer by the seller including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose.
10.2 To the maximum extent permitted by law, the seller excludes all liability for any loss or damage whatsoever and howsoever arising to you that may occur in any way relating to the offer or supply of goods or services by or through our or any third party service provider or relating to the supply of such goods or services. This includes, but is not limited to: (a) Physical and psychological injury of whatever nature; (b) Loss or damage to property of whatever nature; (c) Any loss of profits; (d) Any loss of use; (e) Any business interruption; (f) Any indirect special, incidental or consequential damages of any kind in connection with or arising out of the furnishing, performance or use of the services whether alleged as a breach of contract or tortious conduct including negligence.
10.3 In any event, our liability under this Disclaimer for direct, indirect, special, incidental or consequential damages will not exceed the fee paid to us by you.
10.4 You release K B Anaesthetics Limited and its officers and employees from all such liability and indemnify each of them severally against any such claims that may be made by or through you.
10.5 To the extent that it is not possible to contract out of any terms and rights that are implied into this Disclaimer by virtue of the Consumer Guarantees Act 1993 or any similar law, the same are not excluded, but these relate only to the services provided by us as specifically set out above.
10.6 Subject to the applicability of the Consumer Guarantees Act 1993 our liability for a breach of warranty or condition will be limited by us in our absolute discretion to: (a) In the case of goods: (i) Supplying the goods again or the supply of comparable goods; or (ii) The repayment of the replacement costs of the goods or of the costs of acquiring comparable goods; and (b) In the case of services: (i) Supplying the service or services again; or (ii) The repayment of the cost of having the service or services supplied again.
10.7 For the avoidance of doubt, this liability does not extend to any goods and services provided by third party service providers.
10.8 You accept these risks and you equally accept that you are solely responsible for these risks and that you will not hold KB Anaesthetics Limited or its officers, employees, agents or assigns responsible in any way.
11.1 We do not, and will not, accept any liability whatsoever for any injury (including but not limited to physical and psychological injury), damage, loss, delay, added expense, inconvenience or nuisance caused directly or indirectly to you by any event or events which it cannot control, including but not limited to armed conflict, war, civil disturbance, riots, fire, flood, earthquake, tsunami, pandemic, acts of God, acts of Government or of any other authorities both domestic and international, acts of any other third parties, terrorist attack, accident to or failure of machinery or equipment or industrial action.
12.1 The seller reserves the right to change these Terms and Conditions of Use from time to time by publishing the changed terms on the seller's website.
12.2 When revised Terms and Conditions of Use are published on our website, all orders or bookings submitted by the buyer after the revised Terms and Conditions of Use are published shall be subject to the revised Conditions of Use.
13.1 If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of the Terms and Conditions shall remain in full force and effect.
14.1 These Terms are governed by and will be construed in accordance with the laws of New Zealand and you submit to the jurisdiction of the courts of New Zealand.
14.2 Any dispute that arises will be resolved in Arbitration in accordance with the Arbitration Act 1996.