The Bark Inn Limited (hereinafter referred to as “we”, “us”, “our”) provides a range of Services to the Customer (hereinafter referred to as “you” and “your”) only upon the Terms and Conditions set out below:
“Customer” means the customer who contracts with us for the provision of the Services.
“Agreement” means the Client Information Form and these Terms and Conditions which together form the agreement between you and us for the provision of Services.
“Dog” means the dog you own, or are responsible for, and that is the subject of this Agreement, and as set out in the Client Information Form.
“Price” means all fees and expenses of a general description supplied by us to you and includes all products further identified in any invoice issued by us to you, which invoice(s) are deemed to be incorporated into and form part of these terms and conditions.
“Services” means the services provided to the Customer including, but not limited to, providing boarding facilities for your Dog (“Boarding” or “Sleepovers”), day-care for your Dog (“Day Retreats”), socialising meet-ups for your Dog (“Social Club”), and our pick-up drop-off service for your Dog (“Chauffeur”).
2.1 Any instructions received by us from you for the provision of Services shall constitute a binding Contract and represents your acceptance of the terms and conditions contained herein.
3.1 Where a quotation is given by us to you for any Services:
(a) unless otherwise agreed the quotation shall be valid for thirty (30) days from the date of issue; and
(b) the quotation shall be exclusive of Goods and Services Tax unless specifically stated to the contrary;
(c) we reserve the right to alter the quotation because of circumstances beyond our control.
(d) where additional Services are required by you in addition to the quotation, you agree to pay for the additional Services.
3.2 We reserve the right to change the Price following revised instructions from you or resulting from a variation to our quotation.
4.1 The relevant period in relation to Boarding or Day Retreats is set out in the Client Information Form.
4.2 Minimum Boarding periods may apply.
4.3 Full payment of the Price for the Services must be made in advance of the commencement of the Agreement.
4.4 No refunds shall be given in the event of cancellation of this agreement.
4.5 If by mutual agreement, a Boarding or Day Retreat period is extended, payment must be made in advance of the extension of the relevant period.
4.6 Payment of the Price can be made by either of the following methods:
(a) Cash;
(b) Direct credit;
(c) Any other method agreed to between you and us.
4.7 Your obligation to pay the price and any other sums to us shall continue despite any amendment made to the Boarding or Day Retreat period.
4.8 Without prejudice to any other remedies we may have, if at any time you are in breach of any obligations (including those relating to payment), we may suspend or terminate the supply of the Services to you and any of our obligations under the agreement without notice. We will not be liable to you for any loss or damage you may suffer because we have exercised our rights pursuant to this clause.
5.1 Notwithstanding that all payments are required in advance of the commencement of the Services, if any credit is expressly or impliedly agreed, then interest will be payable by you to us on the Price at the rate of 20% of the total credit given, calculated from the commencement of the relevant period until the date of payment.
5.2 You shall pay all costs, expenses and charges including legal costs on a solicitor/client basis that are incurred by us in recovering any money owing to us by you.
5.3 If your Dog is not uplifted on time, these terms in respect of the credit extended to you will automatically apply from the date your Dog ought to have been uplifted to the date the Dog is removed from our care
6.1 We agree to:
(a) ensure the physical, health and behavioural needs of your Dog are met in accordance with the requirements outlined in the Animal Welfare Act 1999 and including the provisions of the Code of Welfare: Temporary Housing of Companion Animals;
(b) ensure the welfare of your Dog is properly attended to;
(c) ensure your Dog is supplied with proper and sufficient warmth, food and water;
(d) provide the necessary attention and veterinary care as soon as is practicable for your Dog in the event of any sickness or injury.
(e) Insure your Dog up to the value of $2,000 while it is being transported by us for the purposes of our providing the Services.
7.1 You agree to:
(a) ensure your Dog is registered with the local authority and provide to us all necessary documentation to satisfy us this has been completed;
(b) ensure the physical, health and behavioural needs of your Dog are met in accordance with the requirements outlined in the Animal Welfare Act 1999;
(c) be responsible, and indemnify us for any loss or damage to any personal property provided by you for your Dog during any boarding period;
(d) be responsible for the behaviour and control of your Dog at any time that you are present at our premises e.g. during a Social Club meet-up;
(e) notify us immediately of all relevant medical conditions or behavioural needs of your Dog;
(f) provide all medication or any natural remedies to ensure your Dog receives the necessary treatment to alleviate any unreasonable or unnecessary pain or distress;
(g) be responsible, and indemnify us, for any loss suffered by us as a result of your failure to provide the necessary medication or any natural remedies to alleviate any unreasonable or unnecessary pain or distress;
(h) be responsible, and indemnify us, for any loss and/or liability suffered by us as a result of any incident (including any infringement of the Dog Control Act 1996) in which your Dog has participated;
(i) meet all relative costs of veterinary care, including transport to and from any veterinary clinic (we choose at our sole discretion) in the event your Dog requires any veterinary attention, surgery or care;
(j) you consent to us sharing all medical or other information in relation to your Dog with any veterinary clinic (we choose at our sole discretion) and/or other medical institution to provide any veterinary or other treatment for your Dog;
(k) meet all relative costs of veterinary and/or other medical care in the event your Dog causes injury to another Dog and/or person that may require veterinary and/or medical attention, surgery or care;
(l) except as permitted by the Consumer Guarantees Act 1993, not bring or threaten to bring any claim against us for loss or injury incurred arising directly or indirectly from our provision of the Services;
(m) provide us with all necessary information and documentation that may be required by us to ensure the care and safety of your Dog, including but not limited to:
(i) details of the latest worming, tick and flea treatment provided to your Dog;
(ii) the vaccination booklet for your Dog’s prior to the commencement of the agreement;
(n) consent to us administering worming or flea treatment at any time;
(o) be responsible, and indemnify us, for the cost of administering worming or flea treatment at any time;
(p) consent to us providing food for your Dog at any time;
(q) be responsible, and indemnify us, for the cost of food to your Dog at any time;
(r) consent to us retaining your contact details for the purpose of regular updates from us.
(s) be responsible, and indemnify us, for the cost insurance cover for your Dog in excess of the cover provided by our insurance as set out in clause 6.1(e);
8.1 We will endeavour, but will not be required to resolve all disputes between you and us amicably provided that if we cannot resolve a dispute, then we will immediately refer that dispute to be determined by way of mediation by a single mediator appointed by us.
9.1 We reserve the right to refuse to provide Services to any Dog at any time at our sole discretion.
9.2 We reserve the right to cancel the agreement, without notice, in the event your Dog exhibits anti-social behaviour or any behaviour that amounts to an infringement of the Dog Control Act 1996. If you are not available to uplift the Dog immediately or if you have failed to collect your Dog within seven (7) days of the expiry date of the relevant period, we reserve the right to transfer the Dog to a secure facility or local authority at our sole discretion.
9.3 If any provision of this Agreement shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudice or impaired.
9.4 The failure by us to enforce any provision of this Agreement shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.
9.5 These terms and conditions and any Agreement to which they apply shall be given by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand. We shall be under no liability whatsoever to you for any indirect loss and/or expense (including loss of profit) suffered by you arising out of a breach by us of this Agreement.
9.6 In the event of any breach of this Agreement by us, or of our duty of care to you or your Dog, the remedies available to you shall be limited to damages for your direct losses only. Under no circumstances, shall we be liable for any consequential losses suffered by you and in all cases our liability for damages will not exceed the cost of provision of our services to you.
9.7 You shall not be entitled to set-off against or deduct from the payment any sums owed or claimed to be owed to you by us.
9.8 You acknowledge that you could seriously damage our reputation and business if misleading and/or false information were to be disclosed, posted or published to other parties or the public through the use of internet and social media websites such as Twitter, Instagram, Facebook, LinkedIn and any other online forums, chat and/or blogging websites.
9.9 You agree to not disclose, post or publish to other parties or the public through the use of internet and social media websites such as Twitter, Instagram, Facebook, Linkedin and any other online forums, chat and/or blogging websites misleading and false information for the duration of this Agreement and anytime thereafter.
9.10 Neither party shall be liable for any default due to any event beyond the reasonable control of that party including, but not limited to, act of god, pandemic, war, terrorism, fire, flood, drought, storm.
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