Terms of Trade

Terms of Trade

1. Our standard consultation and treatment fees are available upon request. Our fees take into account the following factors (pricing is subject to vary and may change without notice):

• • the time spent;
• • the complexity of treatment;
• • the costs of running an orthodontic practice

2. We require payment of our fees immediately after your consultation or services provided. For payment plan arrangements, a Direct Debit Authority must be completed.

3. If payment is not made immediately, we will invoice you and will charge you an administration fee for doing so. Your account may be sent to a debt collection agency if not fully paid within 60 days.

We may also:

• • charge you interest at our bank’s overdraft lending rate calculated on a daily basis from the date of your consultation until payment; and / or
• • charge you the cost of recovery of the outstanding fees and interest including our legal costs on a solicitor/client basis, any Court costs and disbursements, service or collection fees; and / or
• • decline to provide you with further services including treatment discontinuation.

Milk Orthodontics account details:
A/C name: Smile Logic Limited
Bank name: Westpac Takutai Square
Account number: 03-0104-0438330-000

4. If any threatening language, behaviour or mistrust is displayed, or any action is taken to make a staff member uncomfortable, we reserve the right to withhold or refuse services and will direct you to another company that may be able to assist you.

5. In this document:

• • “You” means any patient of Milk Orthodontics;
• • “ We”, “Us” and “Our” means Smile Logic Limited trading as Milk Orthodontics.

You authorise us to:

• • make enquiries with any previous dental or medical practitioners and health professionals you may have engaged regarding your dental and
• • medical history and you authorise disclosure by those people to us; and
• • make enquiries with from time to time with credit agencies regarding your credit history and to release information from time to time to the extent where necessary for the purpose of making such enquiries (and you authorise disclosure by those agencies to us); and
• • disclose any information about you for the purpose of instructing other persons including a debt collecting agency to recover any outstanding fees from you; and
• • send you information about how we may assist you by providing other dental or orthodontic services to you.

You acknowledge that:

• • All services may attract a fee; and
• • you remain liable for all fees, costs and disbursements (e.g. laboratory or appliance costs) charged by us for the services provided

notwithstanding that these may be recoverable by us from a third party (e.g. insurance providers).

Terms of Trade (Corporate)

1. By instructing us, you accept liability for our accounts. If you instruct us on behalf of someone else you remain liable to pay our account if it is not paid by that person.

2. Our fees take into account multiple factors including but not limited to:

• • time spent;
• • complexity;
• • equipment;
• • consumables; and
• • costs of running an orthodontic practice.

We reserve the right to change our fee structure from time to time, on the basis that at any time you may request

the current Schedule of Charges.

3. Quotations provided for Services are valid for 90 days from the date of quotation.

4. We will carry out our Services with due professional care and in accordance with accepted practices of the Dental Council of New Zealand.

5. You acknowledge and accept that:

• • where you provide specific documentation for completion as part of the Services provided to you that our obligation to provide documentation will be limited to the completion of your specific documentation;
• • we will not release clinical information to you without appropriate consent from the patient(s) seen by us as part of the Services;
• • element of professional judgement may be required to complete the Services and at times this may be subjective in nature and can only be made based on evidence available at the time the Services are carried out; and

• • additional correspondence with us concerning the outcomes of Services may result in additional charges;
• • in no instance shall we bear any liability for any indirect, direct, consequential, or special loss or damages suffered by you or your employee(s) or prospective employee(s) resulting from provision of the Services whether in contract, tort, negligence or otherwise. You indemnify and shall keep us indemnified against any such loss or damages. In the event we are found to bear liability, our liability to you is limited to the amount of the fees and costs charged by us for carrying out the Services;
• • you are liable for all fees, costs and disbursements charged by us (including third party costs such as external laboratory testing) in relation to the Services provided.

6. Payment of our account is to be made by the 1st day of the month following the month of the date of the invoice (“Payment Date”). In the event that payment of our account in full is not received by the Payment Date, late payment fees and interest may be charged.

7. You acknowledge that should you default in your payment obligations to us and we incur expenses in enforcing our rights, you will pay those expenses (including all costs on a solicitor/client basis and any court costs and disbursements, and any service or collection fees) to us on demand.

8. You may terminate our Services at any time. You must pay us our fees for Services and all expenses incurred up to the date of termination .

9. We owe a duty of care to you as our client and not to any other person. Before any other person may rely on our advice we must expressly agree to this.

10. You authorise us to:

• • make enquiries with from time to time with credit agencies regarding your credit history and to release information from time to time to the extent where necessary for the purpose of making such enquiries (and you authorise disclosure by those agencies to us); and
• • disclose any information about you for the purpose of instructing other persons including a debt collecting agency to recover any outstanding debt owing to us from you

11. These Terms of Trade apply to any current instructions and also any future instructions whether or not we send you a copy of them. You acknowledge that if you require our Services for the purposes of the business then the provisions in the Consumer Guarantees Act 1993 will not apply.

12. We are entitled to change these Terms of Trade from time to time, in which case we will send you a copy of the amended Terms of Trade.

13. Our relationship with you is governed by New Zealand law and New Zealand courts have exclusive jurisdiction.

14. In this document:

• • “You”, “Your” means any Company, Entity (natural or otherwise) or representatives of a Company or Entity to which Smile Logic Ltd is providing or has provided Services to;
• • “We”, “Us” and “Our” means Smile Logic Ltd and its representatives.

“Services” means any medical, dental or administrative services carried out by Smile Logic Limited or its representatives on your behalf or on behalf of your current or prospective employees.