Terms and Conditions of Trade
These terms and conditions govern the supply of Services by mlcoa to a Customer.
CONSENT
The Customer has obtained the Client’s consent for mlcoa to provide the Services to the Client and for mlcoa to provide information relating to the Client to the Customer or any person nominated by the Customer.
ASSISTANCE AND INFORMATION
mlcoa’s provision of the Services depends on the Client and/or the Customer providing appropriate assistance and information. mlcoa reserves the right to decline to supply, or discontinue the supply of, any of the Services at any time.
FEES
Unless the Customer and mlcoa have agreed in writing otherwise (e.g. a contracted arrangement), the Customer will:
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- Pay all Fees within fourteen (14) days from the relevant invoice date;
- Where required to do so by mlcoa, pay any Fees in advance of the Services being provided;
- Pay the cancellation fees which mlcoa may impose if any of the following occurs:
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- The Customer or Client cancels, or reschedules, a consultation within three (3) business days prior to the date of the consultation;
- In the case of a Sensitive Service consultation, the Customer or Client cancels a consultation within ten (10) business days prior to the date of the consultation;
- The Customer or Client fails to submit paperwork (letter of instruction and file material) to mlcoa for a non-Sensitive Service case within at least (5) business days and Sensitive Service case within at least seven (7) business days before the date of appointment. If paperwork is not received within this time, mlcoa may cancel the appointment and charge a cancellation fee;
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- Pay a fail to attend Fee which mlcoa may impose if the Customer or referred Client fails to attend for the provision of any booked Services;
- Pay the termination of assessment Fee which mlcoa may impose, if the Customer or referred Client attends for the purpose of the Service, but successful provision of the Service is terminated by either the Customer or relevant Client or by the mlcoa Consultant. Any termination of assessment Fee that may be applied, will be a minimum of 50% of the Fees and charges that would have otherwise applied had the Service requested been completed. Examples of where a Service may be terminated includes, but is not limited to the following:
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- Where the Consultant believes they are not able to continue with the Service due to not being in a position to reasonably and suitably undertake the necessary consultation, examination or any other aspect by which is necessary for the effective delivery of the Service requested;
- Where the Customer or referred Client terminates the Service;
- Where the Customer or referred Client withdraws their Consent at any stage before the Service has been completed.
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- Pay additional charges that may apply. Additional charges include for example, but is not limited to, the following:
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- If the booking involves multiple body systems or conditions to be assessed, and or extensive file material, or material preparation time is required by the Consultant due to the volume of file material provided for their consideration;
- If an allied health professional is engaged to assist with the physical examination of the referred Client under the direction of the Consultant;
- If an interpreter service is required;
- If additional Administration Services are required;
- If travel by the Consultant to a different location is necessary to provide the Service, having been accepted by the Customer;
- If specific room hire is necessary to be arranged in order to provide the Service, having been accepted by the Customer.
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To the extent permitted by law, mlcoa’s total liability to the Customer is limited to the price paid by the Customer for such Services or the cost of their rectification or resupply, whichever mlcoa determines.
DEFINITIONS
Client means any person or entity who or which is referred to mlcoa by a Customer.
Consent means the Client or Customer authorisation for MedHealth Pty Limited (mlcoa) to collect, hold, and use personal and health information of the Client for the purpose of the Service requested, and to then disclose that personal and health information to the Customer that requested the Service.
Customer means a person or entity who engages mlcoa for a service provided by mlcoa.
Engagement means any engagement of mlcoa for any of the Services.
Fees means the fees payable by the Customer for the provision of the Services, including any applicable cancellation Fees, failure to attend Fees, termination of assessment Fee and or any additional charges that may apply.
mlcoa means MedHealth Pty Limited ACN 141 219 785 (ABN 32 141 219 785) trading as mlcoa.
A Sensitive Service involves a referral relating to a medical negligence case OR to any type of personal injury claim for mental or physical injuries caused by violence, abuse or any criminal or allegedly criminal act.
Services means any services provided by mlcoa to the Customer or the Client from time to time, including, without limitation, the provision of medical reports, health care or related advice, medical consultation services, expert opinions, expert witness services and any associated health care or occupational health management services.