Terms & Conditions
DELDERS DOGS TERMS AND CONDITIONS
- The definitions and rules of interpretation in this clause 1 apply in these Conditions.
a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
: the charges payable by the Customer for the supply of the Services in accordance with clause 5 (Charges and payment).
these terms and conditions as amended from time to time in accordance with clause 11.8.
the contract between Delders Dogs and the Customer for the supply of Services in accordance with these Conditions.
has the meaning given in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly.
the person or firm whose name and address is set out on the Welcome Form.
Adam Delderfield T/A Delders Dogs of [16 Holmewood Furzton Milton Keynes MK4 1AR].
means the dog specified in the Welcome Form and such other Dog as the Customer may instruct Delders Dogs to supply Services in respect of from time to time;
means all equipment and materials provided by Delders Dogs.
means the house rules prescribed by Delders Dogs as updated and amended from time to time.
the services, supplied by Delders Dogs to the Customer as set out in the Welcome Form.
the date upon which commencement of the Services is to be provided as specified in the Welcome Form or as agreed between the parties in writing from time to time;
: the Welcome Form overleaf signed by the Customer and for and on behalf of Delders Dogs.
- A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
- Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
- A reference to writing or written includes fax and email.
- Basis of contract
- The Welcome Form constitutes an offer by the Customer to purchase Services in accordance with these Conditions.
- The offer in the Welcome Form shall be deemed to be accepted when Delders Dogs issues written acceptance of the Order at which point and on which date the Contract shall come into existence.
- Any descriptive matter or advertising issued by Delders Dogs, and any descriptions or illustrations contained in Delders Dogs's catalogues, website 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 or have any contractual force.
- These Conditions apply to the contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
- Any quotation given by Delders Dogs shall not constitute an offer, and is only valid for a period of 20 Business Days from its date of issue.
- Supply of Services
- Delders Dogs shall supply the Services to the Customer as specified in the Welcome Form.
- Delders Dogs shall use all reasonable endeavours to meet any performance dates agreed between the parties from time to time, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services. Delders Dogs retains the right to vary any of the performance dates on not less than 24 hours notice to the Customer including but not limited to the Start Date.
- Delders Dogs reserves the right to vary the Services if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services.
- Delders Dogs warrants to the Customer that the Services will be provided using reasonable care and skill. However, nothing in these terms and conditions shall be construed as to a guarantee or warranty as to the outcome of the provision of the Services which the Customer hereby acknowledges shall be entirely dependent upon the Customer and the Dog’s responsiveness to the Services which is beyond the reasonable control of Delders Dogs.
- Customer's obligations
- The Customer shall:
- co-operate with Delders Dogs in all matters relating to the Services;
- provide Delders Dogs, its employees and subcontractors, with access to the Customer's premises as reasonably required in order to provide the Services;
- provide Delders Dogs with such information and materials as Delders Dogs may reasonably require in order to supply the Services;
- comply with all applicable laws, including health and safety laws and the House Rules and such instructions as issued by Delders Dogs from time to time;
- keep Equipment in safe custody at its own risk, in good condition until returned to Delders Dogs, and not dispose of or use the Equipment other than in accordance with Delders Dogs's written instructions or authorisation;
- remain responsible for the behaviour of the Dog at all times.
- If Delders Dogs's performance of any of its obligations under this contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (“Customer Default”):
- without limiting or affecting any other right or remedy available to it, Delders Dogs shall have the right to suspend performance of the Services with immediate effect until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays Delders Dogs's performance of any of its obligations;
- Delders Dogs shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from Delders Dogs's failure or delay to perform any of its obligations as set out in this clause 4.2; and
- the Customer shall reimburse Delders Dogs on written demand for any costs or losses sustained or incurred by Delders Dogs arising directly or indirectly from the Customer Default.
- The Customer warrants to Delders Dogs that all information contained within the Welcome Form and supplied by the Customer to Delders Dogs from time to time is true, accurate, complete and not misleading.
- Charges and payment
- The Charges for the Services shall be those set out on the Welcome Form.
- Delders Dogs shall be entitled to charge the Customer for any expenses reasonably incurred in connection with the Services including but not limited to:
- travel expenses and hotel costs where the Services are required by the Customer outside of a 5 mile radius of central Milton Keynes;
- the cost of any materials or equipment specifically requested by the Customer (“Additional Equipment”).
- Where the Services are ongoing, Delders Dogs reserves the right to increase the Charges on 1 April each year.
- Delders Dogs shall invoice the Customer on signing of the Welcome Form.
- Unless otherwise agreed, in writing, The Customer shall pay each invoice submitted by Delders Dogs on the earlier of:
- 10 days of the date of the invoice; and
- 2 days prior to the Start Date, and
time for payment shall be of the essence of the Contract.
- Where specified on the invoice, all amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by Delders Dogs to the Customer, the Customer shall, on receipt of a valid VAT invoice from Delders Dogs, pay to Delders Dogs such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.
- If the Customer fails to make a payment due to Delders Dogs under the Contract by the due date, then, without limiting Delders Dogs's remedies under clause 8:
- Delders Dogs shall reserve the right to refuse to provide the Services until payment has been received which may include refusal of entry into any classes to be provided; and
- the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 5.7 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
- All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
- Intellectual Property and Data
- All intellectual property rights including any logos, know-how, models and designs in or arising out of or in connection with the Services shall be owned by Delders Dogs.
- Delders Dogs shall comply with all applicable requirements of all regulatory requirements in force from time to time relating to the use of personal data and the privacy of electronic communications, including without limitation the Data Protection Act 2018 or any successor legislation and, for so long as the law of the European Union has any legal effect in the UK, the General Data Protection Regulations (EU 2016/679).
- Limitation of liability: THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.