Terms & Conditions

 

Acceptance below by the OWNER confirms that the OWNER has read and understood the terms and conditions overleaf.

The OWNER’S attention is particularly drawn to the points set out below, and the OWNER should note that all terms

overleaf apply to the contract.

1. The OWNER confirms all relevant and necessary information regarding the Pet has been disclosed to Welch Exotic Birds Farm and

will be set out in a pet schedule which will form part of this contract. See condition 5 overleaf.

2. The OWNER assumes responsibility for all actions of the pet resulting in property damage and/or personal injuries. The

OWNER’ attention is particularly drawn to the warranties it gives in signing this contract in respect of: (i) information relating to the behavior of the Pet set out at condition 5 (ii) the indemnity at condition 5.2 which requires the owner to pay to Welch Exotic Birds Farm  for liability to third parties in most circumstances: and (iii) to the limitation of liability of to Welch Exotic Birds Farm set out at

condition 6.

3. The OWNER agrees to provide necessary medication, food, collars, leashes, food and water bowls, Cages, treats, toys. If the Pet becomes injured or seriously ill, the OWNER or their designate shall be notified as soon as practicable as to desired treatment. If neither the OWNER nor their designate can be reached and the state of the Pet’s health demands quick and

immediate attention, to Welch Exotic Birds Farm is hereby authorized to secure a veterinarian, to administer appropriate medical

treatment. Any and all such expenses incurred are the sole responsibility of the OWNER. See condition 3.2.3 and 4.1.1.

4. Payment for all services is due in full when the Pet is collected on Collection Day. Payment of any additional charges (e.g.

veterinary surgeon bills) is due when the Pet is returned to the OWNER.

 

 

1. DEFINITIONS AND INTERPRETATION

” 1.1 In these Terms the following expressions will have the following meanings unless inconsistent with the context:

“to Welch Exotic Birds Farm ” details of whom are set out overleaf;

“Contract” any contract between to Welch Exotic Birds Farm and You for the supply of the services formed in accordance with clause 2;

“Bird” the Bird specified in the Order;

“Home Boarder” any individual or individuals appointed to provide the Services on behalf to Welch Exotic Birds Farm ;

“Order” the order for the services as set out overleaf;

“Pet Schedule” the pet schedule and inventory completed on the basis of information provided from You in respect of the Bird;

“Services” as set out in the Schedule, together with any services which to Welch Exotic Birds Farm 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 to Welch Exotic Birds Farm and You.

“You” the person(s) whose Order is accepted by to Welch Exotic Birds Farm , 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. FORMATION

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 to Welch Exotic Birds Farm .

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 to Welch Exotic Birds Farm immediately and to Welch Exotic Birds Farm will use its reasonable endeavors 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. SERVICES

3.1 to Welch Exotic Birds Farm shall provide the services for You, in respect of the Bird, between the Collection Day and Return Day (as set out in the Order) (“Term”) using any

Home Boarder it shall at its discretion appoint. Your point of contact shall at all times be with to Welch Exotic Birds Farm .

3.2 to Welch Exotic Birds Farm reserves the right at its absolute discretion during the Term:

3.2.1 to move the Bird from one Home Boarder to another;

3.2.2 to remove from a Home Boarder and place in such Florida Exotic Bird Sanctuary. as it shall at its discretion choose, any Bird which, in the opinion of the Home Boarder (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 Bird when it considers this is necessary.

4. PRICE

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 Welch Exotic Birds Farm purchase for the Bird 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.Welch Exotic Birds Farm will be entitled to increase Price following any changes in the Order made both at your request and agreed

by Welch Exotic Birds Farm or to cover any extra expense as a result of Your instructions or lack of instructions in respect of the Bird.

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 Bird 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 Welch Exotic Birds Farm in writing: and

4.4.2 retention Welch Exotic Birds Farm of the following percentage of the total booking cost in respect of the Contract; excluding

registration costs:

Cancellation 43 days (or more) prior to the Collection Day (as set out in the Order): 25%

Cancellation between 42 and 15 days prior to the Collection Day (as set out in the Order): 50%

Cancellation 14 days (or less) 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 Bird is of the utmost importance in safeguarding the health and welfare of both the Bird, Welch Exotic Birds Farm, any Home Boarder 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 Bird has no behavioral problems;

5.1.3 the Dog does not scratch, chew or bite, other than in relation to food;

5.1.4 the Bird has never attacked a human or another Pet;

5.1.5 the Bird has never been used as a companion, not a  police bird, for fights or for any purpose whereby it would be trained to attack;

5.1.6 the Bird is not suffering from any illness which may be transmitted to or cause ill health to humans or other animals;

5.1.7 the Bird is fully vaccinated as recommended by the California 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 Welch Exotic Birds Farm 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 Welch Exotic Birds Farm does not exclude its liability (if any) to You for personal injury to or death of humans resulting from Welch Exotic Birds Farm negligence; or for any matter for

which Welch Exotic Birds Farm may not exclude or to attempt to exclude its liability.

6.2 Except as provided in Clause 6.1 above, Welch Exotic Birds Farm 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. Welch Exotic Birds Farm 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, Welch Exotic Birds Farm’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

Welch Exotic Birds Farm 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 Welch Exotic Birds Farm reasonable control. If the event causing the delay continues for a period in excess of three months then either

You or Welch Exotic Birds Farm  will be entitled to terminate the Contract by written notice to the other Welch Exotic Birds Farm 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. TERMINATION

8.1 Either Welch Exotic Birds Farm 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 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 Welch Exotic Birds Farm’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. GENERAL

9.Welch Exotic Birds Farm may sub-contract, assign or license 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, license or sub-contract all or any of Your rights or obligations under any

Contract without Welch Exotic Birds Farm’s prior written consent.

9.3 Neither Welch Exotic Birds Farm nor You intend that any terms of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 (or, if Welch Exotic Birds Farm is based in California, by virtue of any jus quaesitum tertio) by any person not a party to it, with the exception of Welch Exotic Birds Farm which shall be entitled to enforce

any term of the Contract.

9.4 By entering into this Contract You allow Welch Exotic Birds Farm to use Your personal details for the purposes of performing the Services (including passing the information

contained in the Order to Welch Exotic Birds Farm .) Welch Exotic Birds Farm will not use Your details for other purposes without asking Your consent.

10. JURISDICTION

This agreement is to be governed by the laws of The United States Of America and subject to the jurisdiction of the US courts, unless Welch Exotic Birds Farm is based in

Canada in which case this agreement is to be governed by US law and subject to the jurisdiction of the US courts.

SCHEDULE

Services

1. Providing accommodation for the Bird, using, where it is supplied, the bedding, Aviary or Cage and toys provided by You for the Bird.

2. Feeding the Bird in accordance with its diet, as set down in the Pet Schedule;

3. Exercising the Bird, adhering as far as it is 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 surgeon.

5. Collection and delivery of the Bird from Your home to the premises from where the Services will be provided.