1. DEFINITIONS AND INTERPRETATION
1.1 In these Terms the following expressions will have the following meanings unless inconsistent with the context:
“Barking Mad” the Barking Mad franchisee, details of whom are set out in the Pet Schedule;
“Contract” any contract between Barking Mad and You for the supply of the Services formed in accordance with clause 2;
“Dog” the dog specified in the Order;
“Host” any individual or individuals appointed to provide the Services on behalf of Barking Mad;
“Order” the order for the Services as set out in the invoice;
“Pet Schedule” the pet schedule and inventory completed on the basis of information provided from You in respect of the Dog;
“Services” as set out in the Schedule, together with any services which Barking Mad provides to You (including of them or any part of them) under a Contract;
“Terms” the standard terms and conditions of supply set out in this document together with any special terms agreed in writing between Barking Mad and You.
“You” the person(s) whose Order is accepted by Barking Mad, and “Your” and “Yours” shall be construed accordingly.
1.2 In this Agreement, the masculine includes the feminine and the neuter, and the singular includes the plural, and vice versa as the context admits or requires.
1.3 You may have other rights granted to You by law in addition to those set out in these Terms and Conditions, which we may not exclude. These Terms and Conditions do not affect those other rights granted by law.
2.1 Each Order for the Services will be deemed to be an offer by You to purchase the Services upon these Terms. The Contract is made when the Order is signed by Barking Mad.
2.2 You must ensure that the Order is complete and accurate. If You discover that You have made a mistake with the Order please contact Barking Mad immediately and Barking Mad will use its reasonable endeavours to take into account such changes (but cannot guarantee that it will do so).
2.3 You acknowledge that the Pet Schedule forms part of each Contract
3.1 Barking Mad shall provide the Services for You, in respect of the Dog, between the Collection Day and Return Day (as set out in the Order) (“Term”) using any Host it shall at its discretion appoint. Your point of contact shall at all times be with Barking Mad.
3.2 Barking Mad reserves the right at its absolute discretion during the Term:
3.2.1 to move the Dog from one Host to another;
3.2.2 to remove from a Host, and place in such kennels as it shall at its discretion choose, any Dog which, in the opinion of the Host, either (i) shows signs of aggression; or (ii) behaves in any way which is not in conformity with the Pet Schedule;
3.2.3 to consult a veterinary surgeon about the health of the Dog when it considers this is necessary.
4.1 The price for the Services is as specified in the Order (“Price”) and is exclusive of:
4.1.1 the costs of any goods or services Barking Mad purchases for the Dog during the Term (including but not limited to food and veterinary bills and medication);
4.1.2 any value added tax or other applicable sales tax or duty which shall be added to the Price.
4.2 Barking Mad will be entitled to increase the Price following any changes in the Order made both at your request and agreed by Barking Mad or to cover any extra expense as a result of Your instructions or lack of instructions in respect of the Dog.
4.3 Payment for the Services is due as set out in the Order. Payment for any additional costs as specified above is due when the Dog is returned to You.
4.4 The Contract may be cancelled by You subject to:
4.4.1 notification by You of the cancellation to Barking Mad in writing: and
4.4.2 retention by Barking Mad of the following percentage of any deposit paid in respect of the Contract:
Cancellation between 42 and 15 days prior to the Collection Day (as set out in the Order): 25%
Cancellation between14 and 8 days prior to the Collection Day (as set out in the Order): 50%
Cancellation 7 or fewer days prior to the Collection Day (as set out in the Order): 100%
5. WARRANTIES AND INDEMNITY
5.1 You acknowledge that full disclosure by You in respect of the Dog is of the utmost importance in safeguarding the health and welfare of both the Dog, Barking Mad, any Host and third parties. You therefore warrant that:
5.1.1 all information relevant to the provision of the Services has been disclosed in the Pet Schedule;
5.1.2 the Dog has no behavioural problems;
5.1.3 the Dog does not scratch, chew or bite, other than in relation to food;
5.1.4 the Dog has never attacked a human being or another dog;
5.1.5 the Dog has never been used as a guard dog, police dog, for hunting or for any purpose whereby it would be trained to attack;
5.1.6 the Dog is not suffering from any illness which may be transmitted to or cause ill health to humans or other animals;
5.1.7 the Dog is fully vaccinated as recommended by the British Veterinary Association and has been treated against fleas and worms within fourteen days of the Collection Day.
5.2 You agree to indemnify, keep indemnified and hold harmless Barking Mad from and against all direct, indirect or consequential loss (all three of which terms include, but are not limited to, loss of profits, loss of business, depletion of goodwill and similar loss), liabilities, injuries, damages, claims, demands, proceedings or legal costs and judgements which the Owner incurs or suffers as a consequence of direct or indirect breach of any of the provisions of clause 5.1.
6. LIMITATION OF LIABILITY
6.1 Barking Mad does not exclude its liability (if any) to You for personal injury to or death of humans resulting from Barking Mad’s negligence; or for any matter for which Barking Mad may not exclude or to attempt to exclude its liability.
6.2 Except as provided in Clause 6.1 above, Barking Mad will be under no liability to You whatsoever (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for any damage or for any loss howsoever caused arising out of or in connection with its provision of the Services. Barking Mad hereby excludes to the fullest extent permissible in law, all express or implied or statutory clauses, warranties and stipulations or otherwise which, but for such exclusion, would or might subsist in favour of You.
6.3 Subject to conditions 6.1 and 6.2, Barking Mad’s liability under this Contract for any injury, death, damage, or loss however caused will be limited to the sum of £650.
7. FORCE MAJEURE
Barking Mad will not be liable to You in any manner whatsoever for any failure or delay or for the consequences of any failure or delay in performance of any Contract if it is due to any event beyond Barking Mad’s reasonable control. If the event causing the delay continues for a period in excess of three months then either You or Barking Mad will be entitled to terminate the Contract by written notice to the other and Barking Mad’s only liability to You will be to refund to You all sums paid under the Contract in respect of Services which have not been performed.
8.1 Either Barking Mad or You may by notice in writing served on the other terminate the Contract immediately if the other is in material breach of any of the terms of the Contract and, where the breach is capable of remedy, the party in breach fails to remedy such breach within two days’ service of a written notice from the other, specifying the breach and requiring it to be remedied. Failure to pay any sums due in accordance with Clause 4 is a material breach of the terms of the Contract which is not capable of remedy.
8.2 The termination of the Contract howsoever arising is without prejudice to Your or Barking Mad’s rights, duties and liabilities accrued prior to or on termination. The conditions which expressly or by implication have effect after termination will continue to be enforceable after termination.
9.1 Barking Mad may sub-contract, assign or licence all or any part of its rights or obligations under the Contract without Your consent.
9.2 Each and every Contract is personal to You and You may not assign, hold on trust, licence or sub-contract all or any of Your rights or obligations under any Contract without Barking Mad’s prior written consent.
9.3 Neither Barking Mad or You intend that any of the terms of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 (or, if Barking Mad is based in Scotland, by virtue of any jus quaesitum tertio) by any person not a party to it, with the exception of the franchisor of Barking Mad which shall be entitled to enforce any term of the Contract.
9.4 By entering into this Contract You allow Barking Mad to use Your personal details for the purposes of performing the Services (including passing the information contained in the Order to Barking Mad’s franchisor). Barking Mad will not use Your details for other purposes without asking Your consent.
This agreement is to be governed by the laws of England and Wales and subject to the jurisdiction of the English and Welsh courts, unless Barking Mad is based in Scotland in which case this agreement is to be governed by Scots law and subject to the jurisdiction of the Scottish courts.
SCHEDULE - Services
1. Providing accommodation for the Dog, using, where it is supplied, the bedding and toys provided by You for the Dog.
2. Feeding the Dog in accordance with its diet, as set down in the Pet Schedule;
3. Exercising the Dog, adhering as far is it reasonable to do so to any exercise schedules set out in the Pet Schedule;
4. Providing and administering any medicines as set down in the Pet Schedule or as prescribed by any relevant veterinary.
5. Collection and delivery of the Dog from Your home to the premises from where the Services will be provided.