TERMS & CONDITIONS
1. ACCEPTANCE
The undersigned acknowledges that he/she shall be liable for the amount charged by Drs van Dyk & Partners Inc. for the examination, inclusive of any required drugs and/or materials used by Drs van Dyk & Partners Inc.
2. TERMS OF PAYMENT
Every payment by the responsible person arising out of or in connection herewith shall be made to Drs van Dyk & Partners Inc. free of deductions and without set off on or before the due date without demand.
Drs van Dyk & Partners Inc. will bill the responsible person after the examination or having rendered the medical service on request.
Payment shall be made not later than 30 days from the date of statement.
Drs van Dyk & Partners Inc. will submit the account to your medical aid, but this shall not relieve the responsible person from liability in terms of this agreement.
Any payment made by the responsible person or his/her medical aid may be applied by Drs van Dyk & Partners Inc. to such liabilty of this responsible person to Drs van Dyk & Partners Inc. as they in their sole and absolute discretion may decide.
Interest at prime bank rates specified by ABSA Ltd. from time to time shall be charged by Drs van Dyk & Partners Inc., at its discretion on any amount not paid by the responsible person.
NRPL prices only apply if the patient settles the account immediately on the day of the examination, otherwise our private rates apply.
Drs van Dyk & Partners Inc. reserves the right to insist upon settlement of accounts on the day of service. It will, at its sole discretion, decide whether the responsible person will be provided any incidential credit terms.
3. BREACH
Should-
The responsible person fail to make payment of any amount owing to Drs van Dyk & Partners Inc. on the due date; or
The responsible person be provisionally or finally sequestrated or wound-up or liquidated or placed under judicial management or any of his/her assets be attached pursuant to a judgement of any competent Court, or a default judgement be entered against the responsible person in any competent court, the name of the competent person and names of his/her dependants may be put on a credit control list for the medical profession.
4. NOTICES AND DOMICILIA
The parties respectively choose domicilia citandi et executandi for the purpose of all notices and processing arising out of or in connection with this agreement as follows:
Drs van Dyk & Partners Inc.: Ground Floor, Bloemfontein Mediclinic
Responsible Person: At the street address in the face of the payment contract
Any notice sent by either party to the other shall be deemed to be received on the seventh day after posting or on the date of delivery in the case of delivery by hand.
Each party shall be entitled to change the address specified by it in terms of the clause to any other address within the Republic of South Africa (not being a post office or poste restante) on not less than 14 days prior written notice to the other party.
5. GENERAL
This agreement constitutes the whole and entire agreement between the parties and there have not been and there are no agreements, representations or warranties between the parties other than those specifically set forth herein;
No variation or modification of this agreement shall be of any force or effect unless the same shall be confirmed in writing and signed by the parties
No indulgence on the part of either party in exercising any right conferred upon such party in terms of this agreement shall constitute a waiver or novation of any such right, nor shall any single or partial exercise of any right, preclude any other or future exercise thereof.
6. COSTS
All legal costs, including attorney and client costs, incurred by Drs van Dyk & Partners Inc. in collecting or endeavouring to collect all or any amount payable by the responsible person hereunder, shall be for the account of the responsible person and be payable on demand.
7. CERTIFICATE OF INDEBTEDNESS
The certificate of indebtedness of the responsible person to Drs van Dyk & Partners Inc. in terms of the contract shall be determined and conclusively proved for all purposes by a certificate signed by Drs van Dyk & Partners Inc.