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Pets and People

Terms and conditions


A Definitions
PETS AND PEOPLE is Willow and Benson Ltd registered office 6 Toll Gate Close, Stratford upon Avon, registered company number is 6290736 who are the facilitators of the care arrangements. The company’s website as referred to in this document is located at www.web212-petsandpe.co.uk. PET is the animal owned by the Owner to be looked after by the Carer as arranged by Pets and People OWNER is the owner of the pet for which temporary care is required from time to time CARER is the person who has agreed to temporarily care for the pet having been appointed by Pets and People


B Joint and Several
All agreements on the part of any of the parties which comprise more than one person or entity shall be joint and several and the neuter singular gender throughout this agreement shall include all genders and the plural


C Appointment
The Owner appoints Pets and People to appoint a Carer or Carers for the services set out below at clause E. In the event that a nominated carer shall subsequently become unable to provide care for the specified period after a booking has been confirmed, Pets and People will arrange for a suitable alternative carer to undertake the arranged booking in order to ensure that the booking can be fulfilled.   


D The Carer warrants
he is a fit & proper person to carry out the Services & that he does not know any reason why he should not be able to look after the Pet.

E The Carer’s

obligations are to: -
  • i. treat the Pet with love and affection during the period of care  
  • ii. feed water and exercise the Pet as closely as is practical to the Owner's requests
  • iii. release the Pet and all accessories back to the Owner at the agreed time 
  • iv. only to have one pet in care in their house at any one time unless specifically agreed by Pets and People 
  • v. immediately contact the Owner’s veterinary surgeon or if not available one of the Pets and People recommended vets should the Pet appear to need medical attention and in all cases to advise Pets and People as soon as possible 

F The Owner warrants that the Pet for which care is required:-
  • i. is in a fit and healthy condition and has no physical defects or infirmities other than those specifically notified to Pets and People 
  • ii. has never demonstrated any antisocial or aggressive  behaviour resulting in damage to persons or property or otherwise 
  • iii. has up to date recommended vaccinations and is on a worming and external parasite programme. 
  • iv. has current health insurance in respect of veterinary costs unless otherwise agreed by Pets and People 
     
G The Owner’s obligations are to:-
  • i.  supply the Carer with all necessary food, bowls, basket/blanket, leads and toys 
  • ii. provide Pets & People with written details of the Pets previous behaviour, diet & exercise needs plus details of  the Pet's veterinary surgeon and current  insurance 
  • iii. reimburse  Pets and People for any additional cost incurred in connection with the care of the Pet including any vets bills that have been paid. 
  • iv. deliver and collect the Pet at the time and day agreed with the Carer  and/or Pets and People 
  • v. inform Pets and People immediately if collection is likely to be unavoidably delayed. Any pet not collected at the agreed time and not subject to an agreed and paid for extension of care will after 3 days be deemed to be abandoned and treated as such 
  • vi. make all booking arrangements through Pets and People and not direct with the Carer or in other ways indirectly 
  • vii. promptly make all agreed  payments to Pets and People within the timescales published on the website and always prior to the commencement of the 

H The Carer’s and Owner’s obligations are to:-

  • i.  to indemnify Pets and People from and against any and all loss damage or liability (whether criminal or civil) suffered and legal fees and costs incurred by Pets and People resulting from a breach of this agreement or negligent performance or failure of performance by the Carer or the Owner or their agents or representatives or in any other way arising from this agreement (including, without prejudice to the generality of the foregoing, damage to the Carer's property).
  • ii.  to notify Pets and People immediately upon a breach or suspected potential breach of any conditions in this agreement or any matter which would or could lead to a termination of this agreement or upon receipt of any complaint from any person or regulatory authority whether received verbally or in writing concerning the Pet or the Carer or the Owner iii. to comply with the terms of any notice specifying a breach of the provisions of this agreement and requiring the breach to be remedied so far as it may be but nothing in this clause is intended to require Pets and People to serve notice of any breach before taking any action in respect of it.


Agreement and declaration by the Carer and Owner
The Carer and Owner agree that they will not contact each other to perform similar services for twelve months from the end of this agreement 


J Acknowledgment by the Owner and the Carer 
Both the Owner and the Carer acknowledge that neither Pets and People nor its agents shall be liable to either the Owner or the Carer for the death or injury of the Pet or for injury to the Carer or damage to the Carer's property unless due to the negligence or other failure of Pets and People to perform its obligations under this agreement or under general law. The Carer acknowledges that, for the purposes of the Livestock Act 1953, he is deemed to be the “keeper” during the period of care


K Termination
The following obligations are conditions of this agreement and any breach of them shall terminate this agreement immediately and the rights and liabilities of the parties shall then be determined in accordance with clause L:
  • i. Failure on the part of the Owner to make punctual payment of all sums due to Pets and People (payment terms are as published on the company’s website). 
  • ii. Failure on the part of the Owner or the Carer to observe any obligation under this agreement. 
  • iii. The levying of any distress or execution against the Carer or the making by him of any composition or arrangement with his creditors.  
  • iv. The death of the Owner or the Carer or the Pet. 

L Termination Consequences
In the event of this agreement being terminated:
  • i.  the Owner shall immediately pay to Pets and People all arrears of payments and any other sums due under the terms of this agreement
  • ii.  either party shall be entitled to exercise any one or more of the rights and remedies given to it under the terms of this agreement and the termination of this agreement shall not affect or prejudice such rights and remedies. 

M Cancellation
Pets and People may cancel this agreement at any time before the Pet is at the Carer’s house.  If the Owner cancels a booking after the booking confirmation and invoice have been issued then Pets and People may impose a cancellation fee to recoup all related expenses and administration costs (as published on the website).


N Force majeure
All parties shall be released from their respective obligations in the event of national emergency war prohibitive governmental regulation or for any other cause beyond the reasonable control of the parties which renders the performance of this agreement impossible.
O
Whole agreement
  • i. Each party acknowledges that this agreement contains the whole agreement between them and that neither party has relied upon any oral nor written representation made to them by employees or agents of Pets and People and that they have made their own independent investigations into all matters relevant to it 
  • ii. Each party shall be liable to pay to the other damages for any breach of this agreement and all expenses and costs incurred by that party in enforcing its rights under this agreement iii. Each of the parties shall pay any costs and expenses incurred by it in connection with this agreement. 

P Change of address
Each of the parties shall give notice to the other of any change or acquisition of address or telephone fax or similar number at the earliest possible opportunity but in any event within 48 hours of such change or acquisition.


Headings
contained in this agreement are for reference purposes only and should not be incorporated into this agreement and shall not be deemed to be any indication of the meaning of the clauses points they relate.


Pets and People ’s right to assign
This agreement and all rights under it may be assigned or transferred by Pets and People


S Proper law and jurisdiction
This agreement shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England.


T Rights cumulative
All rights granted to either of the parties shall be cumulative and no exercise by either of the parties of any right under this agreement shall restrict or prejudice the exercise of any other right granted by this agreement or otherwise available to it.


U Waiver
The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this agreement.


V No assignment or subcontracting Neither
the Carer nor the Owner shall  assign or subcontract any of its rights or duties under this agreement without the consent in writing of Pets and People  (such consent not to be unreasonably withheld)


W Arbitration
All disputes or differences which may arise between the parties at any time concerning this agreement shall be referred to a single arbitrator to be agreed upon by the parties or in default of agreement to be nominated by the President for the time being of the Chartered Institute of Arbitrators in accordance with the Arbitration Act 1950 and 1996 or any statutory modification or re enactment of it for the time being in force.

X Independence
For the avoidance of doubt the Carer is an independent person from Pets and People and nothing in this agreement shall be deemed to create a relationship of employer and employee.
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