1.1Unless agreed otherwise in writing, any price we give you for Services is an estimate (Estimate) on a GST inclusive basis of the anticipated cost for us to complete those Services. The Estimate is subject to clause 1.2 below.
1.2Notwithstanding any Estimate given, you will pay to us our actual cost of completing the Services (Actual Cost).
1.3The Actual Cost and all prices are inclusive of GST and other taxes which are payable by you in New Zealand dollars unless we have agreed in writing that other terms apply.
2.1Payment for the Services (and any associated expenses and disbursements) is due at the time of your examination except where we have agreed that other terms will apply (Due Date).
2.2If payment is not made on the Due Date, you will be liable to pay all expenses and legal costs incurred by us as a result of your default in payment, including debt recovery costs or charges of a debt collection agency. We may apportion payments to outstanding accounts as we see fit.
2.3Notwithstanding clause 2.2, if payment is outstanding for 7 days from the Due Date, we may suspend providing the Services on credit until the date of payment in full (subject always to clause 2.4). You must pay in cash for any Services supplied by us until payment is made in full (together with any accrued interest).
2.4We may notify you at any time that we have ceased to provide the Services on credit. This cessation does not relieve you for amounts owing up to the date on which the contract is terminated.
3.Limitation of Liability
3.1Except as set out in these Terms or as provided in any separate written agreement signed by us, any and all conditions, guarantees, warranties or representations which might otherwise be implied by law, trade, custom or otherwise are expressly excluded to the maximum extent permitted by law. In particular, the Consumer Guarantees Act 1993, the Fair Trading Act 1986, and other statutes may impose warranties, conditions or obligations upon us which cannot by law (or which can only to a limited extent by law) be excluded. We exclude all such imposed warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied under common law, equity or otherwise.
3.3To the extent that we are liable for any reason for any loss suffered or liability incurred by you arising from any breach of these Terms or for any other reason, such liability is limited to the Actual Cost or set price (as the case may be).
3.4Further to clause 3.3, if we are found liable for whatever reason and you and/or a third party engaged by you has contributed to the loss or damage, we will only be liable to the proportional extent of our contribution.
4.1Where any dispute arises in connection with these Terms the complaining party must promptly give full written particulars of the dispute to the defaulting party. The Parties must then endeavour to meet and resolve the dispute in good faith.
4.2Where any dispute remains unresolved within 20 working days of written particulars being given, either party is free to seek resolution of the dispute by whatever means available at law.
5.1Bay Radiology reserves the right to amend or replace these Terms from time to time. Your continued use of Bay Radiology’s services, including Aura Care Connect, following such amendments being placed on the website will represent an agreement by you to be bound by such terms as amended.
6.1If any provision of these Terms is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms and the remaining provisions shall continue in full force.
6.2If we delay or do not exercise any of our rights or remedies under these Terms, that will not be a waiver of the right or remedy.
6.3These Terms are governed by the laws of New Zealand and subject to the exclusive jurisdiction of the Courts of New Zealand.
7.Definitions and Interpretation
7.1In these Terms, unless the context requires otherwise:
- Reference to "Bay Radiology" "we", "our" and "us" means Bay Radiology Limited, NZBN 9429038816161.
- Reference to "you" and "your" means the patient engaging our Services.
- "Terms" means these terms and conditions as may be amended by us from time to time.
- A reference to a party or person includes any form of entity whether incorporated or not and their respective successors, assigns or representatives.