1.1 These are the Terms on which you will be provided an appointment at the Rutherford Diagnostic Centre.
1.2 Please read these Terms carefully before you sign the Registration Form. These Terms tell you who we are, how we will provide your Appointment to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. In particular, we recommend that you read the provisions in clause 9 relating to our charges carefully. If you think that there is a mistake in these Terms, please contact us to discuss.
1.3 Please note that words in these Terms starting with capital letters have specific defined meanings as follows:
“Appointment”: the appointment(s) where you attend the Centre for the Imaging/Scan;
“Appointment Letter”: the letter that we send you which confirms your Appointment at the Rutherford Diagnostic Centre and describes the Imaging/Scan or consultation booked;
“Centre”: the Rutherford Diagnostic Centre;
“Contract”: the contract between you and us made up of these Terms, your Appointment Letter, and your Registration Form and our Payment Information Document;
“Consultant”: all self-employed consultants, clinicians or medical professionals involved in your Appointment, including your Referrer;
“Imaging/Scan”: refers to the clinical techniques and processes of imaging the interior of a body (eg MRI, CT, Ultrasound, Xray);
“Insured Patient”: a patient who has been referred to us by an insurer for an appointment as part of a private medical insurance policy;
“Payment Information Document”: the document that sets out our prices for your Appointment;
“Referrer”: the healthcare professional who has referred you for an Appointment;
“Registration Form”: the form that you completed and signed to confirm that you agree to be bound by these Terms;
“Self-paying Patient”: a patient who has been referred to us privately and is funding an appointment directly without private medical insurance;
“Terms”: these patient terms and conditions; and
“Writing”: when we use the words “writing” or “written” in these terms, this includes emails.
2.1 We are Rutherford Diagnostics Limited a company registered in England and Wales. Our company registration number is 10844984 and our registered office is at Suite 4 Penn House, 9-10 Broad Street, Hereford, HR4 9AP. Any reference in these Terms to “we”, “us” or “our” shall mean Rutherford Diagnostics Limited.
2.2 You can contact us by telephoning our general enquiries service team at 01633 973250 or by writing to us at Rutherford Diagnostic Centre Somerset, Blackbrook Business Park, Blackbrook Park Avenue, Taunton, TA1 2PX or at firstname.lastname@example.org
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Registration Form. When we use the terms "you" or "your" in these Terms we mean the person who will receive the Appointment as set out in the Appointment Letter.
3.1 By signing the Registration Form you agree to these Terms.
3.2 These Terms, your Appointment Letter, your Registration Form and our Payment Information Document together form the Contract between you and us and supersede all previous agreements between you and us.
3.3 Please read clause 9.5 carefully. That clause explains that Consultants involved in your Appointment are independent practitioners and not our employees. As such, your Contract with us for your Appointment is separate from the contract between you and your Consultants, which may or may not be in writing. If you are unsure what your Contract with us covers, or if you do not understand the implications of clause 9.5, please contact us to discuss this.
3.4 Apart from your Referrer/Consultants, all of the radiographers, radiography assistants, other medical practitioners and secretarial staff involved in your Appointment are employed by us. In relation to our staff, we hold medical indemnity insurance with a reputable insurance organisation in the healthcare industry which covers our staff whilst they are on duty and working at the Centre. We will ensure that any person not in our employment and supplying clinical services to you as part of your Appointment will also hold their own requisite medical indemnity insurance or will be covered by our medical indemnity insurance.
4.1 If you wish to change your mind in relation to your Appointment please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of your Appointment, its timing or anything else that would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
4.2 We may update or change these Terms from time to time, for example where we change the way we offer certain services, for health and safety reasons, or if we need to do so to reflect changes in the law or our regulations. Except where changes in the law or our regulations means we have to make the changes more urgently, any changes will only apply to new appointments that you may have booked and will not apply to any appointments that are partway through when these Terms are changed. If we need to make the changes more urgently, we will let you know in writing and you may then contact us to end this Contract before the changes take effect.
4.3 If you wish to cancel your planned appointments before they are completed, you may do so and your rights to do so are set out in clause 6.
5.1 We will confirm the details of your attendance at the Centre within an Appointments Letter, confirming the nature of the Imaging/Scan to be carried out at your Appointment, the date, time and any preparation that is required before you attend. The Contract will last from the date set out in your Appointment Letter until the end of your Appointment and in accordance with the details in your Appointment Letter, unless you end the Contract as described in clause 6 or we end the Contract by written notice to you as described in clause 7.
5.2 We will try to carry out your Appointment on the date specified in your Appointment Letter. However, we cannot always guarantee this and we reserve the right to cancel or change the date of any Appointment for any reason by providing you with reasonable notice, with the intention of rearranging your Appointment date. Where possible we will rebook your Appointment for another date that suits you. If rebooking in a mutually amicable timeframe is not possible, we will refund any advance payment you have made for any parts of your Appointment that have not been provided.
5.3 If our provision of your Appointment is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any part of your Appointment you have paid for but not received. Events outside of our control may include (amongst other things) where we have to suspend performance of your Appointment because of a change in the laws and regulations that apply, or because of changes requested by you.
5.4 We may need certain information from you so that we can provide your Appointment to you. We will contact you to ask for this information. It is important that you update us if there are any changes in your information or contact details. We will not be responsible for providing your Appointment late or not providing any part of it if this is caused by you not giving us the information we need.
5.5Further treatment. If you require further treatment that is not covered by your booked Appointment as agreed by your insurer (if you are covered by private medical insurance), our standard charges (set out in our Payment Information Document) will apply and you will be invoiced separately.
5.6 What happens if you decide not to go ahead?
5.6.1 If you decide not to go ahead with your Appointment, you will need to pay for the treatment you have already received up until the point of telling us that you want to cancel. This will be charged at the rates set out in our Payment Information Document. We may charge a cancellation fee if you cancel any part of your Appointment within 7 days of a scheduled appointment (see clause 9.6 below).
5.7 What happens if your Referrer decides not to go ahead?
5.7.1 If your Referrer cancels your Appointment because they consider it is not in your best interests for medical reasons, and you have already paid for your Appointment, we will refund your payment. You will not be required to pay for any part of your Appointment that you have not yet received up until the point of such cancellation.
5.7.2 Even if your Referrer cancels your Appointment you will still be required to pay for any part of your Appointment that you have already received up until the point of such cancellation.
5.8 What if you suffer complications?
5.8.1 While we and your Referrer will do our best to ensure a satisfactory outcome, no clinical procedure is entirely risk-free and the results of any particular imaging cannot be guaranteed with complete certainty. Your Referrer will explain any risks to you before your imaging.
This clause 5.9 applies to you if you are not ordinarily resident in the UK.
5.9 Overseas patients. By signing a Registration Form and agreeing to these Terms you confirm that you have leave to enter the UK and that you meet all relevant immigration criteria. You also confirm that you have made adequate arrangements to pay for your Appointment We may contact the Home Office or UK Border Agency (as relevant) to the extent necessary to clarify any information regarding your leave to enter or remain in the UK in connection with your Appointment.
6.1 You may contact us at any time to end the Contract for some or all of your Appointment but in some circumstances we may charge you certain sums for doing so, as described in clauses 5.6 and 5.7 above and clause 9.7 below.
6.2 If you are ending the Contract for a reason set out at 6.2.1 to 6.2.4 below the Contract will end immediately and we will refund you in full for any part of your Appointment which has not been provided or has not been properly provided. The relevant reasons are:
6.2.1 there is an error in the price or description of your Appointment and you do not wish to proceed;
6.2.2 there is a risk your Appointment may be significantly delayed because of events outside our control;
6.2.3 you have a legal right to end the Contract because of something we have done wrong; or
6.2.4 because we have told you about an urgent upcoming change to these terms which you do not agree to (see clause 4.2).
7.1 We may end the Contract at any time by writing to you if:
7.1.1 you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due; or
7.1.2 despite taking steps to avoid it, we cannot provide your Appointment because of an event outside our reasonable control, or because you have not provided us with information that we needed (see clauses 5.2 to 5.4).
7.2 If we end the Contract in one of the situations set out in clause 7.1 we will refund any money you have paid in advance for any part of your Appointment we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
7.3 If there is a change in the law that prevents us from providing certain parts of your Appointment you acknowledge and accept that we will write to you to let you know that we are going to stop providing those parts of your Appointment. We will let you know as soon as reasonably practicable in advance of our stopping those parts of your Appointment and will refund any sums you have paid in advance for any part of your Appointment that will not be provided.
8.1 If you have any questions or complaints about your Appointment, please contact us. You can contact us by telephoning our general enquiries service team at 01633 973250 or by writing to us at Rutherford Diagnostic Centre Somerset, Blackbrook Business Park, Blackbrook Park Avenue, Taunton, TA1 2PX, or at email@example.com. We will investigate the problem in accordance with our complaints procedure and try to address any issues as soon as we can. Please ask a member of staff for our complaints procedure if you need this.
8.2 You have legal rights in relation to any parts of your Appointment that are not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Nothing in these Terms will affect those legal rights.
9.1.1 The price of your Appointment (which includes VAT) will be based on the price set out in our Payment Information Document in force at the date you sign the Registration Form unless we have agreed another price in writing.
9.2 When you must pay and how you must pay.
9.2.1 When and how you must pay will depend on your circumstances, and the basis on which we have agreed to contract with you as set out in the Registration Form. If you are a:
126.96.36.199 Self-paying Patient, please see clause 9.3;
188.8.131.52 Insured Patient, please see clause 9.4; and
184.108.40.206 whatever your circumstances, please see clauses 9.5 to 9.8 which apply to all patients.
9.3 Self-paying patient.
This clause 9.3 only applies if you are paying for your own Appointment
9.3.1 If your Appointment is not paid for by an insurer directly, you will be charged at the rates set out in our Payment Information Document and your Appointment Letter will confirm the costs you will need to pay.
9.3.2 You will need to pay us directly for the costs of your Appointment. You are responsible for the payment of the costs of all Imaging/Scans you receive.
9.3.3 You agree to pay us the fees for your Appointment prior to or on the day you attend the Centre. We may refuse to provide treatment to you if you do not do so. If you have not paid before you leave the Centre, you agree that we can debit from your credit/debit card the outstanding balance for any unpaid fees provided we give you at least 7 days' written notice that we are going to do so (please see clause 9.7 below).
9.3.4 In addition, unless otherwise indicated (as set out in clause 9.5 below) you will need to, and agree to, pay your Consultants, who will invoice you separately for any consultation appointments provided.
9.3.6 Unless specifically stated otherwise, fees provided in your Appointment Letter or otherwise at the time of booking DO NOT INCLUDE any of the following:
220.127.116.11 any care or treatment not carried out at our Centre, including NHS care;
18.104.22.168 any personal costs such as telephone charges, meals, or other sundries; or
22.214.171.124 any other costs or fees not specified at the time of booking.
and any provision of any of the above will be charged to you separately in accordance with our Payment Information Document.
9.3.7 For any charges that are not provided in your Appointment Letter or otherwise at the time of booking we will invoice you for these charges when we have completed providing your Appointment to you. You must pay each invoice within the time limits set out in the invoice.
9.4 Insured Patient.
This clause 9.4 only applies if you are covered by private medical insurance.
9.4.1 You agree to cover the costs of your Appointment
9.4.2 We will pre-authorise all Insured Patients prior to the commencement of their Appointment. You will need to contact your insurer to discuss the details of your own policy.
9.4.3 While you remain responsible for the payment of your Appointment where you are covered by private medical insurance we will, where possible, process your insurance claim for your Appointment with your insurer, provided you have given us and your insurer all of the information that we and your insurer need to do so. If this information is incomplete or inaccurate, we may not be able to process your insurance claim and you will need to pay for your Appointment as set out in clause 9.4.5 below.
9.4.4 Where we process your insurance claim and your insurer pays us directly, the rate agreed between us and your insurer will apply to your Appointment
9.4.5 Unless we have said otherwise, for example, in your Appointment Letter the details of what is included and excluded in your Appointment can be found in your insurance policy documents and correspondence as provided to you by your insurer. Please note that your insurance may not cover all of the costs associated with your Appointment. For example, if:
126.96.36.199 your insurer uses treatment guidelines that do not match the professional medical opinion of your Referrer/Consultant, and other medical professionals providing your Appointment
188.8.131.52 your insurance does not cover specialist items that may be needed;
184.108.40.206 you need any further appointments that are not covered by your private medical insurance; or
220.127.116.11 your insurer declines to provide you with coverage for any reason.
It is your responsibility to confirm with your insurer in advance that your Appointment is covered by your insurance policy and we will not obtain any such confirmation on your behalf.
9.4.5 If any costs are incurred that are excluded or otherwise not covered by your insurance policy, or your insurer fails to settle our invoices (or any part of them) in line with the contract we have with your insurer, then you agree to pay, and will remain responsible for, the outstanding amount that has not been paid by your insurer. We will invoice you directly for these costs as soon as we reasonably can. You must pay each invoice within the time limits set out in the invoice, or we may debit the relevant balance from your credit or debit cards in accordance with clause 9.7 below (as relevant).
9.4.6 If you pay for any part of your Appointment directly and subsequently seek reimbursement from your insurer, and if no other rate has been expressly agreed between you and us, the fees set out in our Payment Information Document will apply to your Appointment cost.
The following clauses in this clause 9 apply to all private patients.
9.5 Separate contract with consultants. Please read this clause carefully.
9.5.1 Where attending for an outpatient consultation at the Centre, you will be under the care of your Referrer, who may also involve other Consultants in your treatment if appropriate. Our staff, including radiographers and radiographic assistants will provide the relevant parts of your Appointment under your Consultant’s instructions.
9.5.2 Consultants involved in your treatment are independent practitioners and are not our employees. As such, your Contract with us for your Appointment is separate from the contract between you and your Consultant, which may or may not be in writing. Accordingly, we will not be liable for any act or omission of a Consultant (or a company or partnership that employs or engages a Consultant). The Consultant will be responsible for the consultation and decisions in relation to your Appointment. If you are unsure what your Contract with us covers, or if you do not understand the implications of this clause, please contact us to discuss this.
9.5.3 Except where we expressly agree to collect the Consultant’s fees as an agent on behalf of the Consultant, any Consultant’s fees relating to your appointment will be charged separately to you by the Consultant as an Insured Patient or Self-Paying Patient.
9.6 Cancellations. We reserve the right to charge a cancellation fee if you cancel any appointment within 7 days of your scheduled appointment. A cancellation fee may be based on any part of your Appointment that you have received up to the point of cancellation and/or any other reasonable costs that we have incurred. Our Payment Information Document describes any specific cancellation fee that applies to your Appointment.
9.7 Credit/Debit Card payments. As either an Insured Patient or Self-Paying Patient we will ask you for your credit or debit card details when you come into the Centre or when you make your appointment. You understand that we will keep these details until the costs for your Appointment have been paid in full, either by your insurer or yourself. If our fees have not been paid (either by your or your insurer) by the time they are due under these Terms, you agree that we can debit from your credit/debit card the outstanding balance for any unpaid fees (as set out in invoice), provided we give you at least 7 days' written notice that we are going to do so.
9.8 What to do if you think an invoice is wrong. If you think any invoice you receive is wrong please contact us promptly to let us know so that we can resolve any mistake or misunderstanding.
10.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
10.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during your registration process.
10.3 Subject always to clauses 10.1 and 10.4:
10.3.1 we shall not be liable to you for any unforeseeable damages; and
10.3.2 our liability to you for foreseeable damages suffered by you shall in no circumstances exceed the sum payable by you in relation to your Appointment
10.4 While we take care to ensure the safety of your belongings, we do not accept any responsibility for the theft of, loss of or damage to, any of your or your visitors’ property at our Centre or other premises. We strongly advise that you avoid bringing any valuables with you to our Centre.
11.2 We will process your personal information in accordance with the applicable laws in force from time to time in the UK relating to the use of personal data.
12.1 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
12.2 Nobody else has any rights under the Contract (except someone you pass your guarantee on to). The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.3 Unless any part of this Contract says otherwise, if there is any conflict between these Terms and your Appointment Letter your Registration Form, or the Payment Information Document, these Terms will take priority. If there is any conflict or inconsistency between any of our marketing materials and this Contract, the provisions of this Contract will take priority.
12.4 If a court finds part of the Contract illegal or invalid, the rest of the Contract will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
12.5 Even if we delay in enforcing the Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide your Appointment, or any other appointments for consultation or Imaging/Scans we can still require you to make the payment at a later date.
12.6 These Terms are governed by English law and you can bring legal proceedings in respect of them in the English and Welsh courts. If you live in Scotland you can bring legal proceedings in respect of these Terms in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of these Terms in either the Northern Irish or the English courts.