General terms and conditions

Article 1 – Definitions
In these General Terms and Conditions, the following definitions apply:
1. Kaliteria / the Clinic: the veterinary practice operating under the name Kalitera, including its veterinarians, employees and assistants.
2. Client: the natural or legal person who commissions the Clinic to perform veterinary services.
3. Patient: the animal or animals to which the veterinary services relate.
4. Treatment Agreement: any agreement whereby Kalitera undertakes to perform veterinary services.
5. Principal: the party financially responsible for the treatment and to whom invoices are addressed.

Article 2 – Applicability
1. These General Terms and Conditions apply to all offers, agreements, treatments and services provided by Kalitera.
2. Deviations from these terms are only valid if explicitly agreed upon in writing.
3. Any general terms and conditions of the Client are expressly excluded.

Article 3 – Formation of the Agreement
1. An agreement is concluded when the Client gives an instruction or when Kalitera commences the execution of the services.
2. All services are performed on a best-effort basis, never as a result obligation.

Article 4 – Performance of Services
1. Kalitera performs its services in accordance with professional veterinary standards and applicable regulations.
2. Kalitera may engage third parties (such as laboratories, specialists or substitute veterinarians) where necessary.
3. The Client shall provide all information relevant to the proper execution of the treatment.

Article 5 – Emergency Services
1. An emergency is defined as any situation in which delay in treatment may result in serious suffering, permanent injury or death of the animal.
2. Outside regular opening hours, Kalitera is available for emergencies only via the designated emergency contact number.
3. Kalitera reserves the right to determine whether a situation qualifies as an emergency and how it will be handled.
4. In emergency situations, treatment may be initiated without prior full consultation.
5. Emergency services are subject to increased fees, including evening, night, weekend and public holiday surcharges.

Article 6 – Fees and Payment
1. All fees are exclusive of VAT unless stated otherwise.
2. Payment is due immediately after treatment unless otherwise agreed in writing.
3. In case of late payment, the Client is legally in default and statutory interest may be charged.
4. All judicial and extrajudicial collection costs are borne by the Client.

Article 7 – Orthopaedic Examinations and Treatments
1. Orthopaedic examinations and treatments are based on clinical assessment and available diagnostic imaging and represent a snapshot in time.
2. Diagnostic imaging (including radiography, ultrasound, CT or MRI) cannot exclude latent, future or intermittent conditions.
3. Interpretation of findings may vary depending on the intended use of the horse and the professional judgment of the examiner.
4. Treatments such as injections, infiltrations, shockwave therapy, PRP, IRAP or similar procedures constitute a best-effort obligation and do not guarantee a specific outcome.
5. The eventual performance and functionality of the horse depend on multiple factors, including training, management, rider influence and genetic predisposition.
6. Kalitera cannot be held liable for failure to achieve a desired athletic or functional outcome.

Article 8 – Medication, Doping and Sporting Regulations
1. The Client is fully responsible for compliance with national and international medication and doping regulations (including but not limited to FEI, KNHS and other governing bodies).
2. Administration or prescription of medication by Kalitera does not guarantee that the horse will test negative at the time of a doping control.
3. Any withdrawal times provided are indicative only and based on current guidelines and professional experience.
4. Kalitera accepts no liability for sanctions, disqualifications or other consequences resulting from doping controls.
5. The Client is responsible for correct registration of medication use in systems such as the FEI HorseApp.

Article 9 – Pre-purchase and Sale Examinations
1. A pre-purchase or sale examination represents a snapshot assessment of the horse’s health status at the time of examination.
2. The examination does not constitute a guarantee regarding future health, performance or suitability.
3. The scope of the examination is determined by the intended use of the horse and the Client’s instructions.
4. Certain conditions may not be detectable at the time of examination due to their latent, intermittent or seasonal nature.
5. Only findings considered clinically relevant by the examining veterinarian will be reported.
6. The examination report is valid solely for the Client named therein and may not be relied upon by third parties.
7. Blood samples may be taken and stored for potential analysis of prohibited substances upon request.
8. Responsibility for insurance, ownership transfer and contractual matters lies solely with the Client.

Article 10 – Liability
1. Kalitera’s liability is limited to the amount paid out by its professional liability insurance, increased by the applicable deductible.
2. Liability for indirect or consequential damages, including loss of profit or loss of use, is excluded.
3. The Client indemnifies Kalitera against third-party claims arising from the treatment or use of the animal.

Article 11 – Medical Records and Data Protection
1. Medical records remain the property of Kalitera.
2. Personal and medical data are processed in accordance with applicable data protection legislation (GDPR).
3. The Client has the right to access or obtain a copy of the medical file in accordance with legal requirements.

Article 12 – Applicable Law and Jurisdiction
1. All legal relationships between the Client and Kalitera are governed exclusively by Dutch law.
2. Any disputes shall preferably be resolved amicably.
3. Failing such resolution, disputes shall be submitted to the competent court in the district where Kalitera is established.