STORM ANIMALS TERMS & CONDITIONS OF BUSINESS
These standard terms and conditions govern all transactions, contact and business in relation to the sale of animals, the provision of stud-dog services and the general activities of Storm Animals and the obligations on others along with SA.
We reserve the right to change or amend these terms and conditions at any time without notice.
Storm Animals Limited (SA) is a Private Limited Company registered under company number 13075097.
This document contains Terms and Conditions for:
Section A – The Sale of Animals
Section B – Provision of Stud-Dog services
Section C – Provision of Stud-Cat services
Section D – General Provisions
The terms and conditions herein define the obligations on each party and the general terms and conditions in respect of the customer’s purchase of any animal from SA.
1. DEFINITIONS & INTERPRETATIONS
1.1. The following terms are to be interpreted as set out in this sub-clause, unless the context requires otherwise:
a) ‘The Contract’ – The Contract for sale of animals by Storm Animals is comprised of the ‘Contract for Sale’, provided to the customer within the ‘Puppy Pack’, in addition to these Terms and Conditions.
b) ‘Business Day’ - means, any day (other than Saturday or Sunday) on which ordinary banks are open for their full range of normal business in the England and Wales
c) ‘Commencement Date’ – The date at which payment is made for the animal to be purchased, and the ‘Contract for Sale’ is effectively signed
d) ‘The Customer’ – The individual or individuals purchasing the animal from SA
e) ‘Contract Price’ – The price agreed by both parties in writing and stated in the contract for sale for the purchase of the animal by the Customer.
f) ‘Collection Date’ – The date that the animal is to be collected from SA, as agreed by both parties in writing.
g) ‘The Animal’ – The animal subject to purchase by the Customer from SA including both puppies and kittens.
h) ‘SA’ – Storm Animals Limited.
i) ‘the Dog’ – Refers to a male Stud Dog under ownership of SA
j) ‘Stud Services’ – Relates to the use by a Customer of a male Stud-Dog owned by SA and usually by natural cover
k) ‘Kennel Club’ – hereafter ‘KC’
© 2021, Storm Animals Limited. All rights reserved.
1.2. Unless the context otherwise requires, each reference in these Terms and Conditions to:
a) ‘Writing’ – includes any reference to communication effected by electronic or facsimile transmission or similar means, such as via text message or email;
b) A statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time ;
c) ‘These Terms and Conditions’ is a reference to these Terms and Conditions as amended or supplemented at the relevant time;
d) A ‘clause’, ‘sub-clause’ or ‘paragraph’ is a reference to a Clause of these Terms and Conditions or to a clause of the Contract, as appropriate; and
e) A ‘party’ or ‘the parties’ refer to the parties to the Contract.
1.3. The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.4. Words imparting the singular number shall include the plural and vice versa.
1.5. References to any gender shall include the other gender.
1.6. References to persons shall include corporations.
2. BASIS OF PURCHASE & SERVICE
2.1. No variation to these Terms and Conditions shall be binding unless agreed in writing between the authorised representatives of SA and the Customer. These terms and conditions take presidency over any sales contracts where their is a conflict between the terms and any agreement.
2.2. No contract for the sale of the Animal shall be binding on SA r unless SA has provided a quotation which is expressed to be an offer to purchase the Animal, which is subsequently accepted either verbally or in writing.
2.3. Any typographical, clerical or other accidental errors or omissions in any literature, quotation, price list, acceptance of offer, invoice or other document or information issued by SA shall be subject to correction by SA without any liability on the part of SA.
2.4. Any agent, consultant, self-employed individual volunteer or independent service provider must have their own personal insurance to cover all losses, damage or personal injury.
A – Terms & Conditions for the Sale of Animals
3. ADVERTISEMENT & PRICING
3.1. All Animals being sold by SA are advertised online, through word of mouth or through social media.
The price of the Animal will be detailed on the advertisement or will be provided to the prospective Customer upon an enquiry of the Customer, the advertised price may differ if throughout a litter, as such the price stated for the litter may be an ‘average’ or ‘from’ figure. Prices may differ between litter members due to sex or other factors at SAs discretion
3.2. The provision of a price to a prospective Customer does not create a binding contract for sale and is to be treated only as a provision of information.
3.3. SA may provide prices to various prospective Customers, without forming any contractual obligations to any prospective Customer
3.4. If there are several prospective Customers interested in the same Animal, SA is free to choose the prospective Customer that they think is best suited to care for that Animal at their own discretion.
4. VIEWINGS
4.1. It is the preference of SA that pre-purchase, all animals are viewed in person to ensure Customers and Animals are matched appropriately and to allow further assessments regarding potential ownership to be undertaken by SA.
4.2. Upon viewings, SA reserves the right to decline a sale if it is believed to not be in the best interests of the Animal.
4.3. Prior to attendances, Customers may asked for photo ID in the interests of Crime prevention and Anti-Money Laundering checks, additionally, to allow due diligence into ownership.
4.4. All potential Customers must complete the pre-purchase questionnaire regarding their circumstances, experience and capability to care for an Animal. Full and open disclosure should be provided regarding the same to allow SA to assess the potential Customer for suitability with the breed of Animal that they are interested in and the ability to meet that Animal’s needs,
if at any point (pre or post sale) there is concern over the validity of the information provided or of the customer can meet the future welfare needs either so far as care, home or costs (such as being unable to meet financial obligations, training needs or welfare), SA reserve the right to refuse to complete the sale, or after sale rescind the contract and have the animal returned to SA with no refund of any fees paid, the purchase price will be for fitted due to the misrepresentations made by the customer.
4.5. Customers attending viewings warrant that they are not attending as agents or on behalf of another.
4.6. The number of attendees that can attend a viewing will be limited at the discretion of SA.
4.7. Customers warrant that they will only attend for viewings at a time that is pre-agreed and will not attend without prior consent or arrangement.
4.8. All Customers must be over the age of 18.
4.9. All Customers attend the site of viewing at their own risk, SA take no responsibility for any loss or injury whilst on their premises. All animals based at SA are of good behavior; however Customers must not interact with any animals on site without the presence and consent of a representative of SA.
4.10. All Customers undertake to take the necessary precautions required when dealing with animals in respect of their own conduct.
5. CONTRACT FOR SALE
5.1. Following a viewing, and once due diligence has been conducted by SA, SA may invite the potential Customer to enter into the Contract for Sale. SA reserves the right to withdraw their offer to enter into a Contract for Sale at any point before the Contract for Sale is signed.
5.2. Animals can be purchased by an individual or in joint names but details for due diligence must be provided for both potential owners if joint ownership is requested.
5.3. ‘Pupdates’ maybe be provided upon request and within reason, as the primary objectives of SA are to raise and socialise all young Animals which can be time consuming.
5.4. Deposits are required to secure purchases, given that the deposits reserve the Animal and the same results in registration and administration work, in addition to the loss of opportunity to sell to others, consequently, deposits are fully non-refundable.
5.5. The Contract for Sale is to be signed upon collection of the Animal and by leaving the premises with the animal, the Customer assures that they have read and understood the Contract for Sale and the Terms and Conditions herewith. Once the animal has left the premises SA do not know the conditions, treatment or care an animal will have, despite best due-diligence, as such will not accept any returns of a puppy once they have left the premises if there are subsequent health or behavior issues. By accepting the puppy at the time of sale, the puppy is deemed fit and as advertised. If the customer decides they no longer wish to retain the puppy any return is on the basis that the customer forfeits the sale price. Save for where there has been clear misrepresentation by SA under law.
5.6. The Contract for Sale is only effective upon the receipt of fully payment has been made for the Animal. Collection of Animal is deemed agreement to the contract even where it is not signed by both
5.7 There is deemed no Contract for Sale where the Customer has defaulted on payment, made part payment only or has not paid.
6. PAYMENT
6.1. The Customer is to pay the whole sum of the agreed Contract Price prior to the Contract for Sale taking place.
6.2. Invoices for each sale can be produced and where requested.
6.3. Deposits are always required to secure sales unless expressly stated by SA, deposits are normally 10% of the overall sale price and are wholly non-refundable.
6.4. Payment can be made via Bank Transfer to the details provided by SA, or via cash payment. The preferential payment method is bank transfer; cash will only be accepted upon the express permission of the Directors of SA reserves the right to request identification from the Customer prior to payment of the Purchase Price for the purposes of conducting Anti-Money Laundering checks.
6.7. SA reserves the right to request photos/evidence to support the Customers assurance that they have the required facilities.
6.8. If the Customer refuses to provide the required identification or any requested information which may have relevance to the Animal’s future welfare, SA reserve the right to rescind the offer to Contract with no liability to the Customer.
6.9. Where expressly stated, the sale prices may include donations to charity from the profits on the sale. It should be noted that donations to charity may be made either subsequent to sale, or as an annual payment.
6.10. SA will maintain records of sales and copies of care information, such as microchip numbers on file for a reasonable period for accounting and audit purposes. All data held will be held securely at SA trading or registered office.
7. Liabilities of the Seller
7.1. Where Expressly advertised as Registered, Animals will be sold with all required Kennel Club/TICA/Other Relevant organisation paperwork.
7.2. Not all Animals sold by SA are Kennel Club/TICA registered, this is the case even where the advert confirms that both Parents are fully registered. Some Animals carry endorsements in order to protect breeding lines and some are not bred from Kennel Club/TICA registerable parental lines. Where an animal is registerable with Kennel Club/TICA, it will be expressly advertised as such advertised as such.
7.3. If the Customer wishes to purchase a Kennel Club/TICA Registerable Animal, it is the responsibility of the Customer to make the appropriate enquiriesith SA to ensure the Animal is able to be registered with Kennel Club/TICA. SA will not be held liable for the Customers omission to make such enquiries. The physical registrations in the Customer’s name must be made by the Customer following purchase, SA will provide all relevant forms and information to assist in this process.
7.4. All Animals sold by SA will be microchipped; on occasions the responsibility may lie with the Customer to change ownership on the relevant database. Where possible, SA will put first registrations for microchip under the name of the Customer.
7.5. SA will endeavour to do all they can to ensure all Animals are socialised and trained, as much as they can be at such a young age, prior to sale. If a puppy is poorly behaved or difficult to train, this is not at the liability of SA. Customers should be aware prior to purchase that Animals are living creatures with their own personalities, and their behavior following purchase can therefore not be foreseen and are dependent upon their treatment by the Customer. All sales are upon customers inspection and acceptance of confirmation, behavior and size. Once the animal leaves the premisis it is deemed accepatbel asthe selected puppy.
7.6. SA expects all Customers to research training methods and where possible, attend training sessions.
7.7. All Animals purchased by the Customer are non-refundable, unless expressly agreed by the Directors of SA.
7.8. SA endeavour through responsible breeding, to health test animals where relevant, but animals are only deemed health tested themselves or parent health tested where specifically stated where advertised.
7.9. Further to the Customer protections within the Puppy Packs, these only apply where specific health testing is available and has been undertaken by SA. Where an Animal develops a hereditary condition and their parents were not health-tested for that condition specifically, SA are under no obligation to provide any refund. Where the condition was not present at 8 week Veterinary Health check SA will not be liable for any future health issues.
7.11. At SA Directors discretion and dependent on factors such as the age of the Animal, if the Customer is unable to fund any required treatment (which would effectively breach the Contract for Sale terms) the Animal may be returned but for no refund in order to allow SA to care for the Animal and provide the required treatment.
7.12. The priority of SA is the well-being of any Animals sold despite pre-contract investigations and the undertakings within the contract itself, it is accepted that circumstances change for Customers and as such, sub-clause 7.9 is added to ensure all Animals receive the care that they require.
7.13. Customers undertake to maintain required vaccination checks and worming as per veterinary advice after sale.
7.14. Where expressly stated SA provide 5 weeks free insurance cover via KC. The insurance is provided to assist, but SA are not party to the policy, and accept no liability whatsoever where a claim is refused. The policy will be provided by KC, the contract is between KC and the customer. SA has expressly no liability in relation in any insurance disputes, but will provide information to assist where requested by either party to the policy.
8. Residential Training
8.1. SA does not hold a commercial Kennel Licence and do not provide boarding for any dogs or cats.
8.2. Where an Animal is originally purchased from SA requires training or any form of rehabilitation whereby SA can assist, on occasions, upon the discretion of the Directors of SA, SA may offer residential training programs, or further socialisation.
8.3. Any costs incurred in respect of residential training will be fully quoted prior to the same and invoices generated where relevant. Payment for any costs incurred would be due within 7 days of the invoice date.
8.4. Any Animals attending either for residential training, or simply for a visit to see SA, for example Customers wishing to bring their puppy back to see it’s parents, must be fully vaccinated and the visiting Animal must not be suffering from an infectious health concerns. By attending, the Customer warrants that their Animals have no issues either in terms of health, or serious behavioral concerns.
8.5. In respect of any visiting Animals, the SA reserves the right to request copies of proof of vaccination or medical history.
8.6. All attendances are via prior appointment and SA reserves the right to refuse any attendances at its own discretion.
8.7. If a Customer decides that it does not wish to collect its Animal or fails to pay any outstanding invoices, SA reserves the right to retain the Animal and the Customer undertakes to provide all ownership documents within 7 days of the refusal or ‘time to pay’ period on the invoice.
8.8. Where a Customer decides that they no longer want ownership of the Animal and wishes for ownership to be returned to SA, no refunds will be given whatsoever. All paperwork should be provided within 5 days of return along with signed confirmation of transfer of ownership.
8.9. Any visiting Animals, if staying for more than a 12 hours, must attend with their own food to ensure that there are no health concerns by way of diet change.
8.10. If Customers leave toys and/or bedding at SA, it is left at their own risk.
8.11. Customers must fully disclose any behaviour or health issues in the interests of protecting individuals and other Animals at SA.
8.12. Any damage or injury caused by the visiting Animal is at the liability of the Customer, unless it is a result of negligence by another.
8.13. SA provides no guarantees in respect of behavioural improvements after residential training. All parties accept that Animals are living creatures and any changes to behaviour which are possible can take significant periods of time. Moreover, there is an ongoing responsibility to the Customer to continue training as advised by SA.
8.14. If any health concerns arise and there is a need for any medical or veterinary care whilst any animal is in residence at SA, the costs will be passed to the Customer. SA reserve the right and assume consent by acceptance of these terms to provide relevant contact details to any third-party, such as veterinary practice for the purposes of their records and invoicing.
8.15. Where possible, before seeing any veterinary assistance or incurring any costs, SA will contact the customer to seek authority to proceed, but, if this is an emergency situation, such consent will be deemed by this agreement and there will be no requirement to obtain prior approval.
8.16. Visiting Animals should be fully insured for loss and medical cover, if they are not, SA holds no liability in respect of the same.
8.17. SA reserve the right to request proof of Insurance and copies for record purposes.
9. Returns
9.1. Following collection at purchase, all Animals are strictly non-refundable.
9.2. The Puppy Packs specify that where a Customer no longer wishes to retain their Animal or are not capable of doing so, they must return the Animal to SA unless they can rehome to a direct family member.
9.3. If a Customer wishes to sell or rehome their Animal, they must seek prior consent from SA, SA reserves the right if any resale or rehoming is consented to, to make further enquiries into the new owner and attach endorsements for breeding in the interests of the Animal.
9.4. SA reserve the right to refuse a return, for example, if the conduct of the Customer has affected the health or behaviour of the Animal in such a way that it is not in the interests of the other Animals of SA for the Animal to be returned.
9.5. All returns are on the basis that SA can sell or re-home the Animal and the details of the same are wholly at the discretion of the Directors, there is no obligation upon SA to provide any details of any future sale or rehoming to the original Customer.
9.6. If SA sells a returned Animal, the original Customer has no claim or interest in the sale and reserves all rights to ownership upon return.
9.7. SA reserves the right to add any restrictions for breeding or export at a later stage where Animals are returned on welfare ground, such as if there are concerns over financial or physical position of an owner that would deem them unsuitable to breed from a bitch, but SA are content that they can meet the bitches sole needs.
10. Licencing and Accreditations
10.1. The members of SA hold both breeding licences and animal vending licences with the local authorities, licensing details can be found under licence number MO91866.
10.2. As part of licensing requirements, inspections are undertaken. In such inspections, SA has an obligation to show all Animals on site. As such Customers Animals may be subject to view on inspection.
10.3. Customers consent to their data being shared with the relevant authorities for licence inspection purposes.
10.4. SA also undertakes various other professional accreditation's, for which records may be reviewed. Customers consent to their data being provided to any auditors upon request.
10.5. SA display the physical licences referred to on site to provide comfort to purchasers.
10.6. SA agents, members, employees, consultants or volunteers undertake ongoing training. This may result in Customer’s animals being referred to in assessments or studies, including photographs.
10.7. Any changes to the licence or removals of the licence will not affect the progression of any sales subject to deposits and will not result in cancellation of any contract in place with SA.
11. Social Media and Marketing
11.1. For the benefit of current and future customers, along with those who wish to follow SA’s Animals, SA has a social media presence.
11.2. SA reserves the right to post information and images of all Animals bred and sold by SA.
11.3. SA, where Customer’s social media pages are not private, or with the consent of Customers, has the authority to re-share images which contain Animals bred.
11.4. Where any individual either tags SA or uses the location tag for SA, this provides consent for SA to post or re-share the images or information.
11.5. If Customer’s expressly do not consent to images containing themselves, their connected parties or their purchased Animal, they must confirm the same in writing. Absence of the same allows the re-sharing of images and information on both social media and websites, along with other marketing tools.
11.6. Although the messages are monitored on the social media pages, they should not be used as a primary form of communication, customers should use email and telephone numbers provided.
11.7. If a Customer wishes to make a complaint they can request a complaints procedure from SA via telephone or email.
12. Puppy Packs
12.1. Puppy Packs are provided by SA in line with licencing and Kennel Club guidelines upon collection of the Animal. The Puppy Packs contain the Contract for Sale which also constitute ‘The Contract’ along with the terms and conditions herewith.
12.2. SA will provide a reasonable time slot for collection to ensure Customers understand all of the ‘Puppy-Pack’ information and discussions of the Animal’s future needs.
12.3. The Puppy Pack contains general guidance and information to assist with the upbringing and care of Animals, the information has primarily been obtained from Kennel Club guidance, but there are additional advice's and documents that have been provided through our experience at SA and should not be deemed as ‘expert advice’. SA will not be held liable for any loss or damage as a result of the advice within the Puppy Packs. Any advice given by SA in respect of care, treatment, insurance or documentation, are purely as guidance and SA or its representatives are not liable for any losses suffered as a result of the advice provided.
12.4. None of the information within the Puppy Pack, save for the ‘Contract for Sale’ and these ‘Terms and Conditions’ (found in the Puppy Pack or on the website) are legally binding on either party.
12.5. Customers prior to any purchase undertake that they have done their own research on all aspects of Animal care relevant to their purchase, that they are fit and proper individuals with the required facilities.
12.6. Customers undertake that they are in a position to fund all care and where relevant, if there is a concern over the same, that they will insure their Animal for all foreseen costs.
12.7. There are items included within the Puppy Pack such as material from animal feed companies and the relevant documents for microchipping along with, where relevant, free insurance policies, the material requires disclosure of your contact details to third-parties such as Skinners, the Veterinary practice whom has administered all care up to the sale and other companies who feature in the Puppy Pack, the payment of deposit and provision of Customer details provides the authority for the disclosure referred to.
12.8. In relation to the health check, in particular for young animals, the express details for the health check will be included within the Puppy Pack and will reflect the health of the Animal at the time of sale. This is the health check accepted by the customer and deemed condition at time of sale.
12.9. The Customer can request the consent of SA at any stage to contact the third parties who have provided services such as the veterinary practice to obtain confirmation from records.
SECTION B – Provision of Stud-Dog Services
13. ADVERTISEMENT & BOOKING
13.1. All Stud Services being sold by SA are advertised online, through word of mouth or through social media. The price of the Stud Service will be detailed on the advertisement or will be provided to the prospective Customer upon an enquiry of the Customer.
13.2. The provision of a price to a prospective Customer does not create a binding contract for sale and is to be treated only as a provision of information.
13.3. All stud-services are by natural mating only.
13.4. SA may provide prices to various prospective Customers, without forming any contractual obligations to any prospective Customer.
13.5. Bookings should usually be with one calendar months’ notice to ensure that the particular Stud Service is available for the time frame required. A non-refundable booking fee of £100.00 will secure the booking, upon receipt, no other Customers will be booked for this Service at the same time and other relevant provisions can be made.
13.6. Upon cancellation deposits will not be refunded as SA will have lost the opportunity to secure an alternative Customer for that period.
13.7. It is accepted that there is some flexibility in the booking date, dependent upon the Customer’s bitches’ cycle, however, should the Customer wish to completely rearrange the booking to the next cycle, there should be at least one calendar months’ notice.
13.8. By booking the Services, the Customer undertakes that their bitch is fully vaccinated and in good health with no infectious diseases.
13.9. Upon request, the Customer must provide evidence of vaccination and health. On occasion, SA reserve the right to request further tests ahead of attendance.
13.10. If the Customer provides inaccurate, misleading or false information or documentation prior to cover, the Customer will be liable for any resulting losses. Moreover, confirmation of cover by the Dog will not be provided and no refund for the Stud Services will be given.
13.11. SA reserves the right to refuse the provision of Stud Services with no obligation to justify their reasoning for doing so.
13.12. If the Stud Service is cancelled through no fault of the Customer, for example if the Stud Dog is no longer available, the deposit will be refunded at the Director’s discretion.
13.13. Bookings must be confirmed in writing by SA before deemed accepted. Attendance is strictly by appointment only, usually by WhatsApp or email.
13.14. All visiting Customers’ bitches should be registered with Kennel Club or equivalent society, copies of Kennel Club records and registration may be requested, at the discretion of the Directors, unregistered bitches may attend, dependent upon circumstances.
13.15. Customers undertake that their bitch is not subject to any breeding endorsements or restrictions by the Kennel Club or any other organisation.
13.16. SA reserves the right to retain a copy of customer ID and bitch records for the records and compliance.
13.17. It is favourable that Customer’s bitches are fully health tested for the relevant conditions specific to their breed, as set out by the Kennel Club guidelines.
13.18. The Customer warrants they hold legal ownership of the Bitch.
13.19. SA warrant that all Stud-dogs are over the age of 2 years.
13.20. Customers undertake that they have the required expertise, knowledge, experience and relevant licences to breed from their bitch.
13.21. Customers undertake that they have the relevant time and facilities to whelp their bitch and the provisions for the required medical care of a litter.
13.22. The Customer undertakes that they have full ownership of the bitch subject to the booking and that they are not acting as an agent or in any capacity other than that of the full owner.
13.23. The Customer warrants that their bitch is over 2 years of age and under 6 years of age.
13.24. The Customer warrants that their bitch has had less than 3 previous litters in her lifetime.
13.25. The Customer must disclose details of any previous litters and matings.
13.26. The Customer must disclose any previous mating or whelping problems that the bitch has suffered.
13.27. The Customer warrants that their bitch has no previous issues which would jeopardise the breed and that they have never been advised expressly or impliedly by any veterinary professional not to breed from their bitch.
13.28. SA will provide the Kennel Club details for the relevant Stud Dog and it is the responsibility of the Customer to ensure sufficient distance in parentage lines to prevent any close line or interbreeding issues.
13.29. SA will not accept any bitches with any behavioural issues or who have shown any aggression previously towards humans or other animals. The Customer undertakes that their dog is sufficiently socialised to attend a Stud Dog. Liability for any loss or injury as a result of non-disclosures will lie with the Customer.
13.30. It is the Customer’s obligation to ensure that their bitch is standing upon attendance. It is most favourable that bitches are blood tested to confirm the most favourable mating date. If bitch owners are simply aware of the window for standing, then their bitch can be booked in to be left at the premises for up to four days. Additional charges at £20 per day will apply thereafter.
13.31. Bitches will either stay with the Stud-Dog or individually in kennels depending upon each dog and bitch and, if separated, mating will be attempted at least twice per day until successful, if the bitch is standing.
13.32. SA warrant to give their best endeavours to minimise stress to visiting bitches so far as possible.
14. VIEWINGS & ATTENDANCE
14.1. SA allow viewings of the Stud-dog upon booking and deposit, but strictly by appointment only, in order to ensure no disturbance to other Stud Services. At least 48 hours’ notice should be given prior to any proposed viewing.
14.2. Upon viewings, SA reserves the right to decline a Stud Service if it is believed to not be in the best interests of the Animal or the breed.
14.3. SA reserves the right to request to review the Customer’s bitch prior to booking in person.
14.4. The Customer warrants that any photographs, information, documents or health tests sent during booking are for the bitch that attends and are up to date. Any inaccurate information or the attendance of a different bitch will lead to liability for any subsequent loss or damage lying with the Customer.
14.5. Any misrepresentation found under 14.4 will result in SA reserving the right to not provide Stud Service confirmation and no refund will be given.
14.6. Prior to attendances, Customers may asked for photo ID in the interests of Crime prevention and Anti-Money Laundering checks, additionally, to allow due diligence into ownership and the ability to breed responsibly.
14.7. Customers attending with bitches warrant that they are not attending as agents or on behalf of another.
14.8. Customers warrant that they will only attend for Stud Services at a time that is pre-agreed between parties and will not attend without prior consent or arrangement.
14.9. All Customers attend the site of viewing/Stud Services at their own risk, SA take no responsibility for any loss or injury whilst on their premises. All animals based at SA are of good behaviour; however Customers must not interact with any animals on site without the presence and consent of a representative of SA.
14.10. All Customers undertake to take the necessary precautions required when dealing with animals in respect of their own conduct.
14.11. SA do not consent unless by prior agreement for health and safety reasons to bitch owners being physically present for cover, although they can of course be at the premises and view from a distance.
14.12. If it is agreed that the bitch owner should be party to the covering (e.g. hold their bitch) it is as their own risk and SA will not be liable for any resulting loss or damage and the express permission of SA must have been given.
14.13. During the attendance at the property, no photographs can be taken by the Customer without prior written consent. Any such breach of this sub-clause will result in potential claims for damages.
14.14. Where visiting bitches are staying overnight or for a protracted period, the Customer must provide SA with her own food to ensure no unsettling through dietary changes. Where bitches are left SA shall endeavour to ensure maximum exposure to tie opportunities and SA will undertake to do all possible to secure successful ties. This trust cannot be later questioned, bItch owners have the opportunity to be present at cover and supervise (unless unsafe to do so)
14.15. Where bitches are visiting, Customers are welcome to bring their own bedding, toys and treats, but all are left at their own risk.
14.16. Where possible, SA will provide photographs of successful covering and tie, but should this not be possible the bitch owner must appreciate that two members or more of SA re required for safe covering to handle the dogs so may not be able to take photographs. SA will explore natural environment cover if safe and appropriate (leaving the dog and bitch together loose for organic cover) but will alway in addition or alone undertake supervised cover to ensure tie.
14.17. Stud Dogs have health tests which vary depending on the breed and Dog, disclosure will be made prior to mating attendance. All Stud Dogs are registered with the KC with no endorsements.
14.18. Attendance for mating is deemed acceptance of the health test information provided and the Terms and Conditions which are available on the SA website.
14.19. KC accepted health tests should be visible on the KC website, for Customers and potential puppy purchasers.
14.20. Where a bitch attends and is not standing, arrangement for one further attendance at the relevant time should be made by the Customer, there will be no additional fee.
14.21. Where there are concerns in relation to the bitches health or conduct, SA will request immediate collection unless urgent medical attention is required for either Dog or Bitch.
14.22. SA does not hold a commercial Kennel Licence and therefore do not provide boarding for any dogs or cats, there will be no specific charge for overnight boarding where it is required as part of the Stud Services.
14.23. All attendances are via prior appointment and SA reserves the right to refuse any attendances at its own discretion.
14.24. If a Customer decides that it does not wish to collect its bitch or fails to pay any outstanding invoices, SA reserves the right to retain the bitch and the Customer undertakes to provide all ownership documents within 7 days of the refusal or ‘time to pay’ period on the invoice.
14.25. Customers can share photographs which appear on the SA social media or website, or those provided by SA for the purposes of advertising their litter.
14.26. Customers must fully disclose any behaviour or health issues in the interests of protecting individuals and other Animals at SA.
14.27. Any damage or injury caused by the visiting Animal is at the liability of the Customer, unless it is a result of negligence by another.
14.28. If any health concerns arise and there is a need for any medical or veterinary care whilst any bitch is in residence at SA, the costs will be passed to the Customer/owner. SA reserve the right and assume consent by acceptance of these terms to provide relevant contact details to any third-party, such as veterinary practice for the purposes of their records and invoicing.
14.29. Where possible, before seeing any veterinary assistance or incurring any costs, SA will contact the customer to seek authority to proceed, but, if this is an emergency situation, such consent will be deemed by this agreement and there will be no requirement to obtain prior approval.
14.30. Visiting Animals should be fully insured for loss and medical cover, if they are not, SA holds no liability in respect of the same.
14.31. So long as sufficient care is taken by SA, if visiting bitches escape the premises, SA accepts no responsibility for any resulting loss or damage. Upon bringing the bitch for the Service, the Customer warrants that they will bring no claim against SA for the loss of any dog or any damage caused to the dog due to their escape.
14.32. Further to sub-clause 14.29, should the escaping bitch cause any loss or damage to any third-party, or member of SA, the Customer will be liable for the same.
14.33. The Customer must provide emergency contact details prior to leaving any bitch.
15. PAYMENT
15.1. The Stud Service price varies dependent upon the Dog and any pre-existing Customer relationship, there may be reductions on the basis of exceptional breeding and health tests in respect of any visiting bitch, or for repeat Customers. This is wholly at the discretion of the Directors.
15.2. The Stud Service Price will be agreed in writing between parties ahead of attendance, usually by WhatsApp or email.
15.3. The Customer is to pay the whole sum of the agreed Service Price upon arrival and prior to mating, less any deposit paid.
15.4. Deposits are always required to secure Stud Services, unless expressly stated by SA, deposits are normally £100 and are wholly non-refundable. Deposits should be received at least 14 days prior to attendance.
15.5. Payment can be made via Bank Transfer to the details provided by SA, by Credit Card payment or via cash payment. The preferential payment method is bank transfer; cash will only be accepted upon the express permission of the Directors of SA.
15.6. Where payment is made by card, an additional handling fee will be added to any invoice and will be payable in addition to the Stud Services, this is usually 2.5%.
15.7. SA reserves the right to request identification from the Customer prior to payment of the Purchase Price for the purposes of conducting Anti-Money Laundering checks.
15.8. If the Customer refuses to provide the required identification amongst any requested information which may have relevance to the Animal’s future welfare, SA reserve the right to rescind the offer to Contract without justification and with no liability to the Customer.
15.9. Where expressly stated, the sale prices may include donations to charity from the profits on the Service. It should be noted that donations to charity will be made within SA’s annual donations payment, if relevant.
15.10. Customers accept that the bitch and Stud Dog are living creatures, as such the mating could not result in a tie, and the ties does not occur. Notwithstanding the bitch being ready for mating, there may be no interest from the Stud Dog. If this is the case, 40% of the Stud Service Price will be refunded our discretion, for example if the bitch is aggressive or any negative input by her owner, the refund will not apply.
15.11. Where there has been a successful mating, notwithstanding if there is later an unsuccessful pregnancy due to issues with the Bitch, no refund can be applied for.
15.12. Should there be a successful mating but no confirmed pregnancy, a free return for further mating in the next relevant opportunity can be provided, evidence of non-successful pregnancy by way of veterinary records or otherwise, may be requested to support the free return request.
15.13. The Stud Service Price includes one free return if unsuccessful on the first mating, but at the Directors Discretion, SA may offer more than one additional attendance.
16. Liabilities of the Seller of Stud Service
16.1. The Services will be available on the date booked and reasonable notification of cancellation will be given, if required. SA will normally provide the reason, but has no obligation to do so.
16.2. SA will cooperate as required in relation to information and documents to allow the registration of any puppies following the birth of a litter that has been produced as a result of a Stud Service provided by SA.
16.3. In respect of any future litters as a result of the mating, SA accept no liability for any health concerns within the litter given that full disclosure of health tests will be provided prior to mating.
16.4. SA warrant that all Stud-Dogs are of good health with no infectious diseases. If presented for stud, SA warrants that there are no transmissible diseases that they are aware of for mating and that the Stud Dog is fully vaccinated.
16.5. SA limit their remuneration under the provision of services to the Stud Service Price and do not request any additional benefits such as pick of the litter.
16.6. SA have an obligation to report any welfare concerns regarding bitches to the relevant authorities in the interests of the Bitch.
17. Licencing and Accreditations
17.1. The members of SA hold both breeding licences and animal vending licences with the local authorities, licensing details can be found under licence number MO91866.
17.2. Customers consent to their data being shared with the relevant authorities for licence inspection purposes.
17.3. SA also undertakes various other professional accreditations, for which records may be reviewed. Customers consent to their data being provided to any auditors upon request.
17.4. SA display the physical licences referred to on site to provide comfort to Customers.
17.5. Any changes to the licence or removals of the licence will not affect the progression of any Services subject to deposits and will not result in cancellation of any contract in place with SA.
18. Social Media and Marketing
18.1. For the benefit of current and future customers, along with those who wish to follow SA’s Animals, SA has a social media presence.
18.2. SA reserves the right to post information and images of all Animals bred as a result of a mating service.
18.3. SA, where Customer’s social media pages are not private, or with the consent of Customers, have the authority to re-share images which contain Animals bred as a result of a mating service.
18.4. Where any individual either tags SA or uses the location tag for SA, this provides consent for SA to post or re-share the images or information.
18.5. If Customer’s expressly do not consent to images containing themselves, their connected parties or their Animal, they must confirm the same in writing. Absence of the same allows the re-sharing of images and information on both social media and websites, along with other marketing tools.
18.6. Although the messages are monitored on the social media pages, they should not be used as a primary form of communication, customers should use email and telephone numbers provided.
18.7. If a Customer wishes to make a complaint they can request a complaints procedure from SA via telephone or email.
C – Cat Stud Services
19. General Terms and Conditions
19.1. All terms in section B and the Stud Services for Dogs apply in full, save for replacing the term ‘Bitch’ with ‘Queen’ and ‘Stud-dog’ with ‘Stud-Cat’.
19.2. In addition to Clause 14, the position in relation to attendance should be that Queens are brought two days into calling and that, rather than 4 days, it is preferential for Queens to stay for a period of one week to ensure effective mating.
19.3. In relation to registrations where prior agreement has been made, copies of Stud-Cat registration can be provided.
19.4. Where there is reference to ‘Kennel Club/KC’ this clearly does not apply to cats, SA confirms that their Stud-Cat is registered with TICA and as such, are pedigree cats of their relevant breed.
D –General Provisions
20. General Provisions (applicable to all parties)
20.1. There should be no attendances at SA premises without prior appointment and SA reserves the right for security purposes to request copies of ID or proof of employment where relevant from any attendees.
20.2. SA premises are constantly recorded by CCTV and all attendances therefore are recorded in sound and vision for crime prevention, security and welfare monitoring. Attendance is deemed permission to record.
20.3. All contracts entered into and purchases made in respect of the activities of SA are with Storm Animals Limited and not with any Director, Shareholder or Employee.
20.4. All contracts and purchases must be fully authorised by a Director, no other party has the authority to bind the Company.
20.5. No party should feed any of the Animals or have any direct contact with any of the Animals without prior written consent from SA.
20.6. No party has the authority to enter any buildings or paddocks, save for use of the public footpath. Those entering the property to use the footpath must not stray from the marked path.
20.7. Any individuals using the public footpath through the premises must keep any dogs on leads and must pick up any dog faeces.
20.8. The Directors and Shareholders, along with the Company itself, accept no liability for any loss, damage injury or incident which may occur as a result of the conduct of any animal or representative of SA, if SA has a representative whom they have entrusted to care and oversee the Animals and Property.
20.9. Where any Animal is under the responsibility of a representative/volunteer/paid assistant/trainer/ Customer or other party whom is deemed fit, the responsibility for the health, well-being and behaviour of the Animal lies with the aforementioned individual and SA accepts no responsibility, liability or resulting damage.
STORM ANIMALS LIMITED
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STORM ANIMALS LIMITED IS LICENCED UNDER The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 lICENCE NUMBER M091866
all contact and business is governed by our terms and conditions
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