“Our philosophy of innovation remains at the centre of everything we do. Our core mission is to improve the health, performance, and wellbeing of equine patients through technological innovation, intensive R & D and global partner alliances in the veterinary industry leading to better patient outcomes and client enjoyment of the animals we love.”
Terms of Service:
- What is the purpose of this agreement?
- This agreement sets out the terms that apply to the relationship between you and your agent(s) and/or principal(s) (“you” and “your”) and Innovative Medical Solutions Limited and our agent(s)(“we”, “us” and “our”).
- What information about you can we collect?
- You agree to provide us with and allow us to use all information necessary to give effect to this agreement and the provision of our products and the performance of our services.
- Unless your consent is withdrawn in writing, you agree to the disclosure of information:
- to give effect to the provision of our products and the performance of our services;
- to enforce our obligations under this agreement or any additional agreement;
- when authorised by you or required by law;
- to assess creditworthiness; and
- to market any of our products and services.
- We will comply with the Privacy Act 1993. We will not use your information unless we have reasonably ensured it is accurate, complete, relevant and not misleading. If we give your information to another entity we will do everything reasonably within our power to prevent unauthorised use or disclosure of your information. You may access your information and ask us to correct any mistakes.
- What are our products and services?
- “Product(s)” and “service(s)” means and includes without limitation:
- machines, equipment, parts, consumables, units, fixtures, fittings, accessories and materials (whether separate, attached to something or the subject of our services) supplied by us;
- importing, exporting, supply, distribution and delivery; and
- agency fees, charges and out of pocket expenses incurred by us,
identifiable either in any document or record issued by either party (all of which are deemed to be incorporated into and form part of this agreement) or as ours by marking or manner of storage.
- What is the price?
- The price is the cost of the products and services as agreed between you and us from time to time subject to GST and out of pocket expenses such as freight. If no price is stated, the price will be the standard amount at which we provide the products and services at the time of your request. The price is subject to reasonable change due to variations to the products and services to be provided or circumstances beyond our control.
- When and how do you pay us?
- You agree to pay us in full and without set-off, deduction, counterclaim or retention:
- on or before the 20thday of the month following the date of delivery, unless otherwise agreed;
- interest on any amount you owe after the due date at 2.5% per month or part month;
- expenses incurred as a result of enforcing any of our rights contained in this agreement including PPSR registration, debt collection and legal fees; and
- if you have given a credit card, we may require retention equal to the value of the products and services and deduct the same from your credit card.
- each credit card payment will incur a surcharge of 3% of the value of the payment.
- a deposit may be required.
- You agree to us allocating or reallocating any payment received from you towards any invoice. If no allocation is made then it is deemed to be in such a way that preserves the maximum value of our purchase money security interest in the products.
- You will be responsible for payment if a third party that you expect to pay you or us fails to pay.
- What warranties and limitations apply?
- Manufacturers’ and third party warranties and limitations (where applicable).
- If you are in trade and/or are a business, you agree that the parties contract out of the Fair Trading Act 1986 and Consumer Guarantees Act 1993 and Contract and Commercial Law Act 2017 to the extent permissible by law.
- We are not liable for delay or failure to perform our obligations if the cause is beyond our reasonable control, such as importation delays.
- Subject to applicable insurance and 6.1-6.3, if we are deemed liable for loss or damage of any kind, however arising including from provision of products and services to you, including consequential loss, whether suffered or incurred by you or another person or entity and whether in contract tort or otherwise, our total liability is limited to the value of products and services provided to you.
- What if you wish to make a claim in relation to our products and services?
- Claims in relation to our products and services are subject to the following:
- for claims relating to faulty/defective products and services, the terms applicable under 6.1 and you notifying us within the applicable warranty period;
- for claims not relating to fault/defective products such as short or incorrect supply, you notify us within seventy-two (72) hours of pick up/delivery;
- the products having been used in accordance with the manufacturer’s/our instructions and not having been subject to abuse, neglect, misuse, accident or work by an unauthorised third party;
- the cost of the return is your sole responsibility;
- a restocking may apply for returned products; and
- us repairing or replacing defective products at our discretion.
- Any products the subject of a claim under 7.1 cannot be destroyed or removed from your premises until we have inspected the same or waived our right to do so in writing.
- When will the products and services be provided?
- We will use our best endeavours to deliver the products and services at the time agreed between you and us; however, the time of delivery is not an essential term of this agreement and if you fail to accept delivery then the products will be deemed to be delivered at the agreed time. We may partially deliver products listed in one order and we if we fail to deliver an instalment that failure will not give rise to a right of cancellation.
- Delivery is complete when we give the products to you, give the products to a third party carrier, or leave the products at the delivery site or your premises.
- We are responsible and assume the risk for the products until delivery in accordance with 8.2, pick up by you or the passing of ownership under 9.1, whichever comes first.
- What ownership and security rights do we have?
- We retain ownership of and hold a security interest in all products until you have paid us in full for all products and services provided to you. While we retain ownership, you will store all products in such a way that our interests are protected and they can be identified as provided by us.
- You agree that we hold a security interest in all of your present and after-acquired property connected with products and services provided to you to the total amount of products and services provided to you, and:
- authorise us to register a financing statement and charge on the Personal Property Securities Register, and provide all information and signatures necessary to effect the same;
- will not register a financing charge or statement or charge demand in respect of products without our prior written consent;
- waive your entitlement under s 148 of the Personal Property Securities Act 1999 (PPSA) to receive a copy of a verification statement where we have registered our interest;
- that both parties contract out of s 114(1)(a), 133 and 134 of the PPSA;
- waive your rights as listed under s 107(2) of the PPSA; and
- give us seven (7) days prior written a notice of any proposed change in your name or details such as contact information.
- Where applicable, we own all existing and new intellectual property rights connected to the products and services. You fully indemnify us for any intellectual property infringements we may make when acting in accordance with your instructions and may use the products only if paid in full and for the purpose for which they were intended and supplied by us.
- What if you want to vary an order?
- All orders are subject to these terms and conditions and no order may be varied unless both parties agree to the variation in writing. If we have reasonably relied on your original instructions then you may be responsible for payment of the price of the original products and services.
- When can a party cancel this agreement?
- Subject to 11.2-11.5, either party may cancel this agreement at any time by giving fourteen (14) days prior written a notice.
- We have the right by seven (7) days prior written notice to suspend or cancel wholly or in part this or any agreement for the provision of products and services and/or close your credit account if you default by:
- failing to pay or indicating you will not pay any sum owing by the due date;
- any of your creditors seizing or indicating they will seize any products provided to you;
- products in your possession becoming materially damaged while any amount remains unpaid;
- being bankrupt, insolvent, under statutory management or put into liquidation;
- a receiver is appointed over or a landlord possessing any of your assets;
- a court judgment entered against you remaining unsatisfied for seven (7) days;
- breaching the terms of this agreement; and
- an adverse material change in your financial position.
- If you default we may exercise a lien against any products in our possession.
- You agree that if you default and the default is not remedied within seven (7) days, we may enter any premises occupied by you to inspect or retrieve any products. You will provide reasonable access to such premises and do all things necessary to give effect to our obligations. We may re-sell any products and credit the net sale proceeds to your account for the invoice value less adjustment for the condition of the products.
- Cancellation under 11.1 or cancellation or suspension under 11.2 will not affect either party’s claim for any amount due at the time of cancellation or suspension, damages for any breach of obligations under this agreement and any other legal rights either party may have. Upon cancellation of this agreement, any amount owed by you for products and services provided up to and including the date of cancellation will become immediately payable and current orders will terminate.
- Does a personal guarantee apply?
- If you are a director of a company or the trustee of a trust:
- in exchange for us agreeing to supply products and services and/or grant credit to the company or the trust, you also sign this agreement in your personal capacity, and jointly and severally personally undertake as principal debtors, to pay everything that the company or trust owes us, and to indemnify us against non-payment and/or default; and
- any personal liability of you as director or trustee will not exclude the company or trust from the liabilities and obligations contained in this agreement.
- A guarantee provided under 12.1 will continue to apply notwithstanding changes to these terms of trade in accordance with 13.8 and/or prior dealings.
- What else is agreed?
- We may outsource (contract out) part of the work required to perform our services, you agree to pay for all amounts due in connection with the same.
- A failure by either party to enforce any of the terms of this agreement will not be deemed to be a waiver of any of the rights or obligations under this agreement.
- Neither party may assign or transfer their rights or obligations under this agreement to any other party without our prior written consent.
- If any of these terms are determined to be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining terms will not be affected.
- This agreement supersedes all prior agreements, representations and warranties. Any instructions we receive from you and all arrangements between the parties are subject to these terms.
- If a dispute arises between the parties either party must notify the other in writing within seven (7) days of the dispute arising. The parties will endeavour to resolve the dispute by negotiation within seven (7) days of receiving notice. If the parties cannot resolve the dispute then each party will have the right to refer the dispute for mediation or arbitration at any time. The arbitration will be undertaken in accordance with the Arbitration Act 1996. The presence of a dispute will not affect either party’s claim for any amount due, damages for any breach of obligations under this agreement and any other legal rights either party may have.
- Documentation related to this agreement may be served on you by email.
- We will notify you of any changes to these terms and publish the same on our website – continued provision of products and services will be subject to your signed or written acceptance of the same. All other variations must be mutually agreed in writing.
- This agreement is governed by the laws of New Zealand.
Arthramid® Vet is a registered trademark of Contura Ltd.
Last updated on 5th May 2019
If you would like to limit or control the type of cookies that are set on your computer or device, please refer to the section below titled How to control cookie settings on your computer.
What are cookies?
A ‘cookie’ is a small text file that can be placed on your computer, mobile or another device, when browsing a website. Two kinds of cookies are used on our websites: session cookies and persistent cookies.
Session cookies are used to remember selections made in the booking process, giving you a more seamless booking experience on our websites. Session cookies are deleted automatically when you leave a website or close your browser.
Persistent cookies are used to help us identify customers when they return to our websites and help us remember certain information about customer preferences on our websites and customer online activity. These cookies also help us understand browsing behaviour within our websites, which can assist us in customising content that we believe will be most relevant to your interests. Persistent cookies are stored on the user’s computer or device and are not deleted when the browser is closed – these cookies must be ‘manually’ deleted if you want to remove them.
First and third party cookies
IMS Vet sets cookies (first-party cookies) on web pages; however, where we require additional information and services we also allow other companies to host cookies on our web pages (third-party cookies). These partner companies have been carefully selected by IMS Vet and are monitored by us. Third party cookies that our partners set on our websites will support the customisation of advertisements viewed elsewhere on the internet and are required to meet contractual obligations they have with us.
To operate our websites efficiently with a high level of functionality
To measure the effectiveness of our marketing initiatives
To learn about customer preferences so that we can present customers with web content and advertising that is relevant to them
To measure the number of advertising referrals we have received to our websites from other websites
To produce data for reporting on completed and abandoned bookings on our website
To produce data on web traffic and customer web activity through our website
The cookies used by IMS Vet are categorised into four groups (being those specified in the International Chamber of Commerce UK Cookie Guide published in April 2012):
Strictly Necessary cookies – these cookies are used for technical reasons and are necessary to enable our websites to operate efficiently so that visitors can navigate around our websites with ease and use specific features. These include, for example, cookies that allow you to log into secure areas of our websites, make a purchase or use e-billing services. If these cookies are blocked or disabled, some of the website’s functions will not be available to you, and you may not be able to use our online services. These cookies do not gather information about you that could be used for marketing.
Performance cookies – these cookies are used to obtain statistics about the number of visitors to our websites and how our visitors use our websites, for example, which pages are most popular. This information is aggregated and is not used to identify individuals. Such information allows us to continuously improve our websites to provide our customers with a better online experience (such as enabling users to find what they are looking for more easily). These cookies do not gather information about you that could be used for marketing.
Functionality cookies – these cookies are used to improve the functionality of our websites and make them easier for visitors to use. They help us to identify you as a repeat visitor to our websites and help us remember your preferences. These cookies help us remember your language preferences; whether you are logging in as a registered user of our websites or as an Airpoints Member; your recent flight searches on our websites including the country of your selected departure, and departure date; and the previous information you have entered onto our websites. The information collected by these cookies helps save you time and makes searching for the same flights easier and quicker. We use the information about the previous flights and products you selected to present you with relevant offers next time you visit our websites.
Advertising/targeting cookies – these cookies are used to recognise you online and to gather information about your online activity and browsing habits (including the pages you have visited and the links you have followed, including from an IMS Vet electronic direct marketing message). We may combine such information with other personal information that we have collected about you (for example through our websites) in order to create a user profile for you. These cookies, in combination with any user profile that we may create for you, assist us to make our websites and apps, and the advertising displayed on IMS Vet and third-party websites and on our apps more relevant to you (i.e. by helping us tailor our content, marketing communications, offers and advertisements to your interests). For example, we may use information about the previous flights and products you selected to present you with relevant offers the next time you visit our websites. These cookies may be placed on our websites by us or by carefully selected third parties on our behalf (with our permission), in order to help us (with the assistance of carefully selected third parties where appropriate) to (i) track the effectiveness of advertising and online marketing campaigns, (ii) measure referrals from third party sites to our website, (iii) collect data about completed and abandoned bookings on our website and (iv) conduct market research. IMS Vet may share the information we learn through advertising/targeting cookies with carefully selected third parties for these purposes unless you disable or block cookies.
For more information about advertising/targeting cookies and to understand your options, please visit http://www.aboutads.info.
Examples of cookies used on IMS Vet’s websites
Category of cookie Example
Performance/Tracking Google Analytics
Digital DM Publishing
Innovata Flight Maps
Advertising/Targeting Adobe Audience Manager
How we respond to ‘Do Not Track’ browser signals
Some web browsers offer a “Do Not Track” signal that is a HTTP header field indicating your preference regarding tracking or cross-site user tracking.
Please be aware that our websites do not recognise ‘Do Not Track’ signals. If you would like to block some or all of the cookies on our websites, you can do this by manually adjusting the cookie settings on your internet browser. Please see the section below titled How to control cookie settings on your computer.
We work with third parties that use online tracking technologies on our websites in order to provide tailored advertisements on our behalf and on behalf of other advertisers across the internet. These companies may collect information about your activity on our websites and your interaction with our advertising and other communications, and use this information to determine which ads you see on third-party websites and applications.
How to control cookie settings on your computer
If you would like to block some or all of the cookies on our websites from being downloaded onto your computer or device, you can do this by manually adjusting the cookie settings on your internet browser. To learn how to manage the cookie preferences on your internet browser, click on the ‘Help’ menu on the internet browser.
If you choose to block some or all of the cookies on our website, parts of our website will not function correctly and may not function at all. This means that we may not be able to offer our web services to you. You may not be able to search for a flight, make a new booking, or change an existing booking on our website. Also, you may not be able to complete other online transactions that would normally be available on our website for your convenience.
For more information on how to control your cookie settings and browser settings on your computer, and how to delete cookies on your hard drive, please visit www.aboutcookies.org or www.youronlinechoices.eu.
Copyright © 2019 IMS Vet NZ Ltd
‘Think privacy & do the right thing’
Last updated on 5th May 2019
We recognise you own your personal information and want to be as transparent with you as possible about how we handle your information when you interact with us. We update our privacy centre on a regular basis, in line with global laws and best practices related to privacy so you can find out all you need to know about the information we collect, use and share about you. You can find out about how we protect your information and the control you have to access, correct and delete your information, as well as manage your preferences. We also provide you with answers to our frequently asked questions and give you some useful contact information.
As an international veterinarian medical supply company, we need to collect personal information about our customers. We try to collect this directly from you as much as possible, but may also collect information through some of our trusted third parties. We want to give you the best possible experience we can provide and need to collect and use some of your information to provide you with the products and services you request from us.
We know that you will only entrust us with your personal information if you believe we look after it responsibly. We work hard to ‘think privacy & do the right thing’. That’s our privacy commitment to you wherever you are in the world.
Throughout the privacy centre, you can ask us to get more information, raise your concerns, make a request or provide feedback.
Trusting IMS Vet NZ Ltd with your data:
We will update the content on this privacy statement if there are relevant changes in law or in our business operations. Check back from time to time. When you interact with us or visit and use our online and mobile applications, you are accepting the practices for handling your personal information that we describe here. The information contained throughout this section equates to the IMS Vet privacy statement.
IMS Vet privacy requirements:
It’s a big job protecting the privacy of your personal information. We have outlined five clear privacy requirements that apply to customers who are anywhere in the world and who use our products or services. These privacy requirements reflect our business principles that you can find in our Code of Conduct. They guide our efforts to ‘think privacy & do the right thing’.
1. Operate safely, responsibly and reliably
- We have assigned roles, responsibility and accountability for privacy management across the business from our leadership team down
- We have a global privacy office which engages with our employees and partners to design products and services that address and respect privacy impacts
2. Act with integrity, honesty and transparency
- We are open about our reasons for collecting, using and sharing personal information and we ensure they meet legal and legitimate business requirements
- We communicate openly and clearly through our privacy centre explaining how we collect personal information and whom we need to share it with
- We provide customers with a way to access and update the personal information they share with us and we aim to maintain the quality of information we handle
3. Protect our people, property and information
- We believe that personal information that is private should remain private and we regularly remind employees how to protect it
- We work with our security team and partners to protect the personal information we are responsible for
- We will keep personal information only for as long as needed to meet legitimate customer and business needs
4. Treat people fairly and with respect
- We only collect the personal information we need and if we need to use or share it for new reasons we will try our best to let customers know
- Where it is feasible, we give customers control over the personal information they share with us and their preferences
- We seek to provide our customers with personalised offerings that are relevant and helpful
- We welcome feedback on the way we handle personal information
5. Comply with the law
- We will adhere to core privacy behaviours
- We keep an eye on changes in the law globally that may impact privacy and we will update our approach to privacy if necessary
Arthramid Vet New Zealand
Registered in New Zealand to: Innovative Medical Solutions Limited NZBN: 9429041325544, 32 Hill Road, Cambridge 3494, New Zealand. Registered pursuant to the ACVM Act 1997 Number A11596. See www.foodsafety.govt.nz for registration conditions.