Terms and conditions of Trade
These Terms and Conditions of Trade govern the supply of Services by Lex Medicus to a Customer. These Terms and Conditions of Trade apply if you have not entered into a separate agreement with Lex Medicus for the Services.
1. Provision of the Services
1.1 The Customer warrants that it has obtained the relevant approval and consent of the Examinee for:
- Lex Medicus providing any of the Services to that Examinee; and
- Lex Medicus providing a copy of any report in respect of the Examinee to the Customer or any person nominated by the Customer.
1.2 Where the Customer or Examinee does not provide the relevant documentation to Lex Medicus at least five (5) business days in advance of the scheduled appointment, Lex Medicus reserves the right to cancel the scheduled appointment. Cancellation Fees may apply.
1.3 Where the Examinee or the Customer does not provide reasonable assistance to enable the provision of those Services, then the Customer is still liable to pay any Fees to Lex Medicus that relate to those Services.
1.4 The Customer acknowledges and accepts that in respect of any Medico-Legal report or other health care report and related advices provided to the Customer, this is provided on an 'as is' basis and is at least partly based upon information provided by the Customer and/or the relevant Examinee, as a consequence of which Lex Medicus is not responsible for incorrect, incomplete or otherwise false information provided by the Customer or Examinee to the expert or to Lex Medicus which leads to any unsatisfactory conclusion.
1.5 Expert witness services –the Customer will be provided with the Fees and the Terms and Conditions of Trade upon confirmation of the booking.
- pay all Fees within fourteen (14) days from the relevant invoice date;
- where required to do so by Lex Medicus, pay any Fees in advance of the Services being provided;
- pay the cancellation Fees which Lex Medicus may impose if any of the following occur:
- the Customer or Examinee cancels a consultation within two (2) business days prior to the date of the consultation;
- the Customer or Examinee fails to submit paperwork (letter of instruction and file material) for consultations at least five (5) business days before the date of appointment; or
- the Customer or relevant Examinee fails to attend for the provision of any Services.
- pay any failure to attend (FTA) Fee which Lex Medicus may impose if the Examinee fails to attend the Customer Appointment or attends the Customer Appointment 10 minutes or more after the scheduled appointment time; and
- pay any additional Fees that Lex Medicus may impose if the booking involves any of the following:
- multiple body systems or conditions to be assessed;
- extensive file material;
- an allied health professional is required to assist with the physical examination; or
- a complex matter (medical negligence, professional indemnity to any type of personal injury claim for mental or physical injuries caused by violence, abuse or any criminal or allegedly criminal act).
2.1 The Customer will:
2.2 Lex Medicus will provide a quote or further information about how any additional Fees are determined, upon request by the Customer.
3. Limitation of Liability
3.1 To the extent permitted by law, Lex Medicus’ total liability to the Customer is limited to the Fees paid by the Customer for such Services or the cost of their rectification or resupply, whichever Lex Medicus determines.
4.1 Any disputes arising from the Customer’s or Examinee’s misuse of this online booking system and/or the Services of Lex Medicus will be determined in accordance with the law in force in the State of Victoria, Australia.
4.2 Lex Medicus may continue to perform the Services notwithstanding any breach of these Terms and Conditions of Trade, and that continued performance will not constitute a waiver by Lex Medicus of any of its rights under these Terms and Conditions of Trade.
4.3 These Terms and Conditions of Trade are governed by the laws of the State of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts of that State.
5.1 By placing an order for the Services, the Customer, acknowledges and agrees that:
- the terms and conditions have been read, understood, and accepted; and
- Lex Medicus will provide the Services in accordance with these Terms and Conditions of Trade.
6.1 Customer means a Law Firm or Insurance Company that is engaging the Services of Lex Medicus.
6.2 Customer Appointment means the assessment visit that is conducted by the Consultant to form his/her expert opinion on the Examinee’s condition prior to writing a Medico-Legal report.
6.3 Consultant means a doctor or other health care professional, who is engaged to provide the Services of Lex Medicus to the Examinee.
6.4 Examinee means a plaintiff on behalf of whom a Customer is engaging the Services of Lex Medicus.
6.5 Fees mean the fees payable by the Customer for the provision of the Services to the Examinee, including any fees applicable as a result of a failure by the Examinee to attend the Customer Appointment.
6.6 Law Firm means a legal entity acting on behalf of the Examinee to engage the Services of Lex Medicus.
6.7 Insurance Company means a business that provides an individual or an entity with financial protection or reimbursement against losses pursuant to a contract or policy.
6.8 Lex Medicus means Lex Medicus Pty Ltd (ABN 49 143 338 390).
6.9 Medico-Legal report means a report setting out a Consultant's opinion regarding a claimed medical condition of an Examinee; and
6.10 Services means any and all services provided by Lex Medicus to the Customer including, but not limited to:
- appointment bookings services;
- medico-legal consultations;
- expert opinions and expert witness services;
- the provision of Medico-legal reports.