Please read our Terms & Conditions. Each customer is required to sign a copy before using the services provided by Crosslands. If you have any questions please do not hesitate to contact us.Terms and Conditions for the Supply of Services
CROSSLANDS BOARDING KENNELS
The Customer’s attention is in particular drawn to the provisions of condition 8.4
1.1The definitions and rules of interpretation in this condition apply in these conditions.
Notice:any written confirmation, (including e-mail), of the Services incorporating these conditions which the Supplier must receive from the Customer before Services commence.
Contract: any contract between the Supplier and the Customer for the supply of Services, incorporating these conditions.
Customer: the person named on the Confirmation Notice for whom the Supplier has agreed to provide the Services in accordance with these conditions.
Date of Arrival:the date on which the Services are scheduled to commence.
Sheet:any written document, including e-mail, specifying the Services provided by the Supplier.
Services: any service agreed in the Contract or Information Sheet to be supplied to the Customer by the Supplier (including the boarding and grooming of dogs and any part or parts thereof).
Supplier: Crosslands Boarding Kennels & Grooming Parlour.
1.2A reference to a law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3Words in the singular include the plural and in the plural include the singular.
1.4A reference to one gender includes a reference to the other gender.
1.5Condition headings do not affect the interpretation of these conditions.
1.6Any reference to any written documents in this Agreement includes e-mail.
2.APPLICATION OF TERMS
2.1Subject to any variation under condition 2.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to apply under any booking, confirmation of booking, specification or other document).
2.2No terms or conditions endorsed on, delivered with or contained in the Customer’s booking, confirmation of booking, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
2.3These conditions apply to all the Supplier’s Services and any variation to these conditions and any representations about the Services shall have no effect unless expressly agreed in writing and signed by Julie Jones or Michael Jones of the Supplier. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier which is not set out in the Contract. Nothing in this condition shall exclude or limit the Supplier’s liability for fraudulent misrepresentation.
2.4Each booking by way of a signed Confirmation Notice or acceptance of a quotation for Services by the Customer from the Supplier shall be deemed to be an offer by the Customer to buy Services subject to these conditions.
2.5No booking made by the Customer shall be deemed to be accepted by the Supplier until a deposit is paid and the signed Confirmation Notice is received by the Supplier or the Services commence whichever is the sooner.
2.6The Customer shall ensure that the terms, dates and details of its booking and any applicable specification are complete and accurate.
2.7Any quotation is given on the basis that no Contract shall come into existence until the Supplier receives a signed Confirmation Notice from the Customer and the deposit is paid or until the Services are performed, whichever is the earlier. Any quotation is valid for a period of 30 days only from its date, provided that the Supplier has not previously withdrawn it.
2.8These terms and conditions apply to all dogs that the Customer places under the care of the Supplier for the supply of Services.
3.1An approximate description of the Services shall be set out in the Supplier’s Information Sheet.
3.2All samples, drawings, descriptive matter, specifications and advertising issued by the Supplier and any descriptions or illustrations contained in the Supplier’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract and this is not a sale by sample.
4.SUPPLY OF THE SERVICES
4.1Unless otherwise agreed in writing by the Supplier, supply of the Services shall take place at the Supplier’s place of business.
4.2The Services shall be supplied in accordance with the Contract and Information Sheet.
4.3The Supplier may at any time without notifying the Customer make any changes to the Services which are necessary to comply with any applicable health and safety or other statutory requirements, or which do not materially affect the nature or quality of the Services.
4.4The Customer will provide the Supplier with up to date vaccination records for their dogs prior to the Services being performed. Should any customer be unable to produce these documents then the Supplier reserves the right to not admit the dog until the Supplier (in their sole discretion) is satisfied that the dog is fully immunised. The Supplier may not require the kennel cough inoculation, however if such inoculation is required the Customers are required to do at least 10 days prior to arrival at the Suppliers premises for performance of the Services.
4.5The Customer is obliged to disclose to the Supplier any history of veterinary problems that may reoccur while the Services are being performed and to draw the Suppliers attention to any traits or vices their dogs may have prior to sending the Confirmation Notice. The Supplier may be willing to administer medication to dogs during their stay provided that the Supplier accepts no liability if requested to administer the medication. The Customer is obliged to provide accurate information regarding the dosage of any medication.
4.6Unless otherwise agreed the Supplier cannot accept dogs with infectious diseases.
4.7If the Customer’s dog develops any illness or condition after arrival (whilst the Services are being performed) which requires veterinary attention or treatment, the Supplier has the right to contact a veterinary surgeon in their sole discretion and the Customer shall be notified where possible, however the Supplier is not bound to do so. The cost of such treatment shall be charged to the Customer and the additional fees payable on discharge.
4.8Subject to the other provisions of these conditions the Supplier is not liable for any pre-existing conditions and problems found during grooming and the Customer shall be charged for all medical treatment incurred due to such, payable by the Customer on discharge. The Supplier is not a veterinary surgeon and is not liable for any advice given. Any advice regarding health problems does not constitute formal veterinary advice and should at all times be checked with a veterinary surgeon.
4.9The Supplier shall not be liable for any injury or irritation caused by, or uncovered during, the provision of the Services or the grooming process. Such irritations could include, but are not limited to the following: itchiness, skin redness or self inflicted irritations/abrasions from excessive external rubbing.
4.10The Supplier reserves the right to refuse to groom any dog for the safety of the groomer and the dog. The Customer is obliged to inform the Supplier if the dog has bitten or has aggressive tendencies. The Customer will be held liable for all bites caused by the dog.
4.11The Customer is advised to have their dog fully insured before the Services commence. PROVIDED THAT if the Customer does not have insurance they remain liable for all fees incurred.
4.12The Customer will prior to the commencement of the Services inform the Supplier of their wishes in the event their dog should die whilst in the care of the Supplier. If no such instructions are left the Supplier will inform the Customer of their dog’s death where possible, however the Supplier is not bound to do so. If the Supplier is unable to Contact the Customer the dog shall be cremated. It is not possible for the Supplier to return the dogs ashes to the Customer.
4.13The Supplier will use their best endeavours to contact the Customer when a dog becomes seriously ill whilst in the care of the Supplier. If the Supplier is unable to contact the Customer they, in consultation with a vet, may have the dog put down in an appropriate and humane manner where they deem it necessary to comply with their obligations under section 4 of the Animal Welfare Act 2006.
4.14The Supplier reserves the right to refuse to enter the kennel or allow the dog out of its kennel for the duration of its stay, if in the reasonable opinion of the Supplier the behaviour of the dog warrants such an action.
5.1Unless otherwise agreed, all bookings must be confirmed by the Customer sending and the Supplier receiving the Confirmation Notice and the deposit in cleared funds at least four weeks prior to the Date of Arrival. No Services will commence until the Confirmation Notice is received and the deposit is in cleared funds. If provisional bookings are not confirmed as aforementioned then bookings may be cancelled at the Supplier’s sole discretion and the Supplier accepts no liability for any cancelled bookings.
5.2The Customer shall be entitled to terminate an individual Contract at any time up to four weeks prior to the Date of Arrival by giving written notice to the Supplier PROVIDED THAT this is without prejudice to any other Contract. The Supplier’s standard Terms and Conditions for the Supply of Services apply to all Contracts for the Supply of Services entered into between the Supplier and the Customer.
5.3If the Customer cancels their booking within four weeks prior to the Date of Arrival they will be liable for a cancellation charge at the current rate as specified from time to time by the Supplier.
5.4The Supplier deems failure to pay and/or failure to uphold bookings very serious and the Supplier has the right to refer any debt owed to a legal debt recovery team.
6.1Unless otherwise agreed by the Supplier in writing, the price for the Services shall be the price set out in the Supplier’s price list published on the Date of Arrival.
6.2The price for the Services shall be inclusive of any value added tax. However all costs or charges in relation to any additional veterinary services or insurance are excluded from the price, all of which amounts the Customer shall pay in addition when it is due to pay for the Services.
7.1Payment of the price for the Services is due in pounds sterling on the date the Customer collects their dog or the dog is returned to the Customer by the Supplier.
7.2Time for payment shall be of the essence.
7.3All payments are payable by way of cheque or cash only, the Supplier, at their sole discretion, may not accept credit or debit cards. No payment shall be deemed to have been received until the Supplier has received cleared funds.
7.4All payments payable to the Supplier under the Contract shall become due immediately on its termination despite any other provision.
7.5The Customer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Customer has a valid court order requiring an amount equal to such deduction to be paid by the Supplier to the Customer.
7.6If the Customer fails to pay the Supplier any sum due pursuant to the Contract, the Customer shall be liable to pay interest to the Supplier on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of Barclays Bank plc, accruing on a daily basis until payment is made, whether before or after any judgment. In addition the Supplier is entitled to charge interest under the Late Payment of Commercial Debts Act 1998.
7.7If a dog is not collected within 14 days of the discharge date, or the Customer fails to pay the Supplier any sum due pursuant to the Contract, the Supplier reserves the right not to release the dog and or to assume responsibility for the animal’s future.
8.LIMITATION OF LIABILITY
8.1The following provisions set out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of:
(a)any breach of these conditions;
(b)any use made by the Customer of any of the Services, or of any product associated with the Services; and
(c)any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
8.2All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
8.3Nothing in these conditions excludes or limits the liability of the Supplier:
(a)for death or personal injury to people caused by the Supplier’s negligence; or
(b)under section 2(3), Consumer Protection Act 1987; or
(c)for any matter which it would be illegal for the Supplier to exclude or attempt to exclude its liability; or
(d)for fraud or fraudulent misrepresentation.
8.4Subject to condition 8.2 and condition 8.3:
(a)the Supplier’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
(b)the Supplier shall not be liable to the Customer for any pure economic loss, emotional loss, nervous shock, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
9.1The Supplier may assign the Contract or any part of it to any person, firm or supplier.
9.2The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Supplier.
The Supplier reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Services ordered by the Customer (without liability to the Customer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Supplier including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, infectious disease, revocation of licence, damage to premises, staff illness, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 190 days, the Customer shall be entitled to give notice in writing to the Supplier to terminate the Contract.
11.1Each right or remedy of the Supplier under the Contract is without prejudice to any other right or remedy of the Supplier whether under the Contract or not.
11.2If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
11.3Failure or delay by the Supplier in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
11.4Any waiver by the Supplier of any breach of, or any default under, any provision of the Contract by the Customer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
11.5The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
11.6The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English & Welsh law and the parties submit to the exclusive jurisdiction of the Welsh courts.
12.1All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax or by e-mail:
12.1.1(in case of communications to the Supplier) to Julie Jones or Michael Jones Crosslands Boarding Kennels & Grooming Parlour, NR Llandow, Vale of Glamorgan, CF71 7PY or such changed address as shall be notified to the Customer by the Supplier; or
12.1.2(in the case of the communications to the Customer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Customer set out in any document which forms part of the Contract or such other address as shall be notified to the Supplier by the Customer.
12.2Communications shall be deemed to have been received:
12.2.1if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or
12.2.2if delivered by hand, on the day of delivery; or
12.2.3if sent by fax on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day; or
12.2.4if sent by e-mail when it becomes accessible by the recipient.
12.3Communications addressed to the Supplier shall be marked for the attention of Julie Jones or Michael Jones.
I hereby accept that the Supplier will only provide the Services on these Terms and Conditions of Supply and these Terms and Conditions of Supply form part of the legally binding Contract(s) that I enter into with the Supplier