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;
“Pet” the Pet (s) or other Pet(s) as 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 Barking Mad order form;
“Pet Schedule” the pet schedule and inventory completed by Barking Mad on the basis of information provided from You in respect of the Pet and agreed with You prior to the Contract being formed;
“Services” is the provision of pet care Services as detailed in the Order
“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 these Terms, 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 from Barking Mad upon these Terms.
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 Barking Mad’s acceptance of Your Order will take place when Barking Mad contact You to accept it, at which point a Contract will come into existence between You and Barking Mad.
2.4 If Barking Mad is unable to accept Your Order, Barking Mad will inform You of this in writing.
2.5 You acknowledge that the Pet Schedule forms part of the Contract.
3.1 Barking Mad shall provide the Services for You, in respect of the Pet, between the Collection Day and Return Day (as set out in the Order) (“Term”) using any Host Barking Mad 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 to make Revision to the Order. Barking Mad reserves the right, in its absolute discretion, to revise the Order if:
4.1 The price for the Services is as specified in the Order (“Price”) and is exclusive of the cost of any goods or services Barking Mad is required to purchase for the Pet during the Term (including but not limited to food and veterinary bills and medication).
4.2 Barking Mad will be entitled to increase the Price if what You need Barking Mad to do changes, or the amount of Services You ask Barking Mad to carry out increases or is different from what Barking Mad and You agreed before Barking Mad started carrying out the Services or when Barking Mad carry out the Services, it becomes clear the extent of Services Barking Mad will need to carry out is different from what Barking Mad agreed with You before Barking Mad started carrying out the Services, including as a result of Your instructions or lack of instructions in respect of the Pet.
4.3 Payment for the Services is due, as set out in the Order, which unless otherwise agreed with Barking Mad, will include the payment of the Price upon the point at which the Contract is made. Payment for any additional costs as specified above is due when the Pet is returned to You.
4.4 Although the right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 does not apply to the Services provided by Barking Mad, 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 between 14 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%
5.1 Barking Mad warrants that the Services will be carried out with reasonable care and skill. Barking Mad shall, at its option, remedy, repeat, reduce the Price of or refund the Price of Services that do not comply with this clause, provided that You provide Barking Mad with sufficient written details the nature and extent of the defect.
5.2 You acknowledge that full disclosure by You in respect of the Pet is of the utmost importance in safeguarding the health and welfare of both the Pet, Barking Mad, any Host and third parties. You therefore warrant that:
5.2.1 all information relevant to the provision of the Services has been disclosed in the Pet Schedule;
5.2.2 the Pet has no behavioural problems;
5.2.3 the Pet does not scratch, chew or bite, other than in relation to food;
5.2.4 the Pet has never attacked a human being or another Pet;
5.2.5 the Pet has never been used as a guard Pet, police Pet, for hunting or for any purpose whereby it would be trained to attack;
5.2.6 the Pet is not suffering from any illness which may be transmitted to or cause ill health to humans or other animals;
5.2.7 the Pet 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.
5.3 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 Host incurs or suffers as a consequence of direct or indirect breach of any of the provisions of clause 5.2.