1. Definitions
“The Dental Practitioner” shall mean Kevin Hallett or (if a substitute or sub-contractor practitioner) the specific dental practitioner carrying out the treatment to the horse or pony; and “the Customer” shall mean the person or entity instructing the Dental Practitioner and being either the owner or the person or entity with day to day control or care of the horse and for the purposes of these terms and conditions the agreement is between those two parties.
2. Purpose
The Dental Practitioner shall attend upon the horse at the appointed time (or as close to as is practicable allowing for delays) and at the place agreed with the Customer for the purpose of carrying such work as is required upon the horse’s teeth.
3. Cost of Treatment
The cost of any treatment required at any one examination shall be as per the tariff. In the event that upon a check-up examination it is found that the horse requires only the check-up and no other work then the charge shall be a fixed minimum charge as stated in the charges tariff.
4. Payment Terms
Payment shall be made at the time the treatment is carried out without deduction unless other arrangements have been previously agreed and may be made by cash or cheque.
In the event that a cheque should be dishonoured or returned without payment the customer agrees to pay any costs incurred by the Dental Practitioner as agreed liquidated damages in addition to the cost of the work together with interest thereon at the daily rate of 0.5% from the date the work was carried out until the date of payment.
5. Cancellation
In the event that the Customer cancels an appointment within 24 hours of the appointed time or that the horse is not available for treatment at the appointed time the Dental Practitioner shall be entitled to make an Administration charge being 50% of the cost of the maintenance charge specified in the charges tariff.
In the event that the horse is not in a fit or proper condition (whether due to health issues or otherwise) to receive treatment the Customer must inform the Dental Practitioner immediately and if such notice is less than 24 hours prior to the appointment then the Cancellation charge will become payable.
“The Dental Practitioner” shall mean Kevin Hallett or (if a substitute or sub-contractor practitioner) the specific dental practitioner carrying out the treatment to the horse or pony; and “the Customer” shall mean the person or entity instructing the Dental Practitioner and being either the owner or the person or entity with day to day control or care of the horse and for the purposes of these terms and conditions the agreement is between those two parties.
In the event that the Dental Practitioner is unable to attend and/or upon attendance is unable to carry out any work due to a factor not relating to the horse or customer then the Customer shall have no liability to the Dental Practitioner for that attendance and if appropriate a further appointment will be made.
6. The Customer’s Responsibilities
a. It shall be the Customer’s responsibility to ensure that any agent (be it the yard or some other person or entity) who has care and control of the horse at the time of the appointment complies with the Customer’s responsibilities set out below and in the event that these responsibilities are not complied with and the Dental Practitioner is unable to carry out treatment to the horse then the customer shall be liable to a cancellation charge amounting to 50% of the maintenance charge stated in the tariff.
i. The Customer shall ensure that the horse is in a proper and suitable condition to receive treatment and free from contagious or other diseases and the yard (where appropriate) is free from such conditions and any other health and safety hazards which could be ported or transmitted from the yard;
ii. The Customer shall inform the Dental Practitioner in advance of all and any previous issues regarding negative behaviour the horse has exhibited with vets or dental practitioners in the past and any other health or behaviour issues;
iii. If either the Dental Practitioner or the Customer considers (based upon discussion or previous experience) that the horse requires sedating for the treatment to be given, or if the horse has previously required sedation or other veterinary intervention prior to having dental treatment or similar treatment, then the Customer shall arrange in advance for the vet to be in attendance to deliver any medication or sedative which may be required and if a veterinary practitioner has not been so arranged the attendance shall be treated as a ‘cancellation’ and payment as such shall be due;
iv. The Customer shall ensure that the area where the Dental Practitioner is to carry out treatment is in a safe and secure environment for both the horse and practitioner as described below:
v. A suitable environment to complete the work would comprise a stable or loose box that is clean and free of manure and clear of other hazards such as hay nets, tack boxes etc and which provides a spacious area for the Dental Practitioner to work and is secured so that the horse (should it bolt or kick) remains within a secure and safe environment;
b. An unsuitable area would include open yards or fields or open field shelters or any environment where the horse is not in a secure and safe area.
c. The Customer shall ensure that the area being worked in has adequate lighting to allow the Dental Practitioner to carry out the procedures safely;
vi. The Customer shall provide an adequate supply of clean water in order to allow the Dental Practitioner to carry out all procedures hygienically;
vii. The Customer will follow and comply with any reasonable instructions given to the Customer (or the Customer’s agent) during treatment to ensure safety of both the horse and the working area.
7. The Dental Practitioner’s responsibilities
i. The Dental Practitioner warrants that he holds the necessary qualifications and indemnity insurance to carry out the work for which he is contracted;
ii. The Dental Practitioner warrants that he will carry out the work with the skill and diligence reasonably expected of a competent Dental Practitioner;
iii. The Dental Practitioner will ensure that all his equipment is clean and well maintained and to work hygienically and sympathetically with the horse;
iv. The Dental Practitioner will at all times work in the best interests of both the horse and the customer and if deemed necessary by him will refuse to work on the horse if he feels he cannot achieve a safe and proper outcome for the horse for whatever reason;
v. The Dental Practitioner will advise the customer on what corrective procedures need to be carried out, the timescale involved and resolution;
vi. The Dental Practitioner will on completion of the procedures explain to the Customer what procedures have been completed, supply the customer with a copy of the dental chart, advise the customer of any follow up procedures that are required and suggest a timescale between check-ups;
vii. In the event of some mishap or injury to the horse during the provision of dental treatment the Dental Practitioner will notify the Customer of such mishap or injury;
8. Limitation of liability
i. The Dental Practitioner does not accept any liability for any injury to any person or animal arising from the horse bolting or some other act by the horse whilst being treated or for any damage caused by the horse to any property arising from such an occurrence howsoever caused;
ii. The Dental Practitioner does not accept liability for any mishap or injury sustained by the horse due to any act by the horse whilst being treated or for any subsequent condition or injury whatsoever save where such condition or injury has arisen as a direct result of negligence by the Dental Practitioner;
iii. In the event of negligence by the Dental Practitioner and treatment being required arising from such negligence the Dental Practitioner will pay for such treatment or if appropriate refer the negligence claim to his insurers.
9. Complaints
In the event that following treatment the Customer has any complaints about the treatment whatsoever (including any treatment issue or injury) the Customer must inform the Dental Practitioner immediately and comply with the complaints procedure.
If the Dental Practitioner believes or accepts that the complaint is reasonable and/or proper he will either remedy the issue at his own expense (including any veterinary expenses incurred as a result) or he will refer the matter to his insurers.
Not happy with our service?
We aim to provide you with a professional service at all times. If however you are unhappy with the service we have given you, this procedure sets out how we will deal with your complaint or issue. We will respond promptly to all complaints and will also expect clients to keep to an agreed timetable for pursuing a complaint
The emphasis in this Complaints Procedure is on informality with the objective being to solve problems quickly, simply and fairly. It is hoped that all complaints can be settled amicably without recourse to the formal procedure.
It is a term of our service that: ‘the Dental Practitioner shall not be liable for any complaint which has not been referred to him at first instance or as regards which he is not afforded the opportunity of attending and remedying’. Therefore, if upon a complaint being received it is found that another practitioner or entity has been involved in the matter prior to the complaint being referred (other than making the Customer aware of any condition or issue giving rise to the complaint) then the Dental Practitioner may decline to accept the complaint. This is to protect the Dental Practitioner from a complaint which does not arise directly from the treatment he has carried out.
1. Stage One (Informal Complaint)
The Customer shall immediately inform the treating Dental Practitioner by phone 07921 911644 and email equestman@hotmail.com of any complaint. Our promise is that your complaint will normally be acknowledged within 24 hours (except in unusual circumstances). Full details of the complaint will be taken over the phone to enable the Dental Practitioner to deal with the issues quickly. However we still require the complaint to be set down in full in writing and sent via email and/or letter within 2 days.
The Dental Practitioner will then consider and investigate the complaint which will include (if he considers appropriate) an examination of the horse either by himself or a veterinary practitioner instructed by him. The horse must be made available for such examination at all reasonable times.
There may be occasions when we require additional information or responses from you in order to complete our investigation. Where that is the case we expect prompt responses (at least within 5 days
Failure to co-operate in the investigation or supply response within the stipulated timescale may result in the complaint being rejected.
If the Dental Practitioner accepts the complaint he shall remedy the issue at his own expense by re-treating the horse or (at his discretion) instructing another Practitioner to treat the horse at his expense and pay any costs reasonably incurred as a result of the original fault. If appropriate, the Dental Practitioner may refer the matter to his insurers.
2. Stage Two (Formal Complaint)
The written complaint as provided by the Customer along with the Dental Practitioner’s own investigation findings shall be sent to an independent veterinary practitioner with an instruction to carry out an independent examination of the horse and report his findings back to both parties in a written report. The Parties shall be entitled to ask any questions of the veterinary practitioner upon the findings and the report including an opinion as to what and where liability lay should any condition be established. Unless the findings of the veterinary practitioner are inconclusive the parties shall agree to accept those findings and accept liability as it falls.
3. Stage Three (Dispute Resolution)
Should the veterinary practitioner’s report be inconclusive or the parties fail to agree as to what or where liability falls upon any findings, the complaint shall be referred to arbitration and to an arbitrator(s) appointed by the International Association of Equine Dentistry (IAED or the World Wide Association of Equine Dentistry (WWAED) and the parties shall co-operate with the arbitration process and procedure and agree to submit to and be bound by the arbitrator’s findings.
4. Costs
The costs of the informal and formal complaints procedure shall be met by the parties themselves save that the cost of the veterinary’s examination and report and the cost of arbitration shall be met equally by the parties unless otherwise agreed or unless the arbitrator awards costs (in full or part) to either party.
