Conditions of Contract

1. “Petwings” quotations are based upon the measurements received from the client, and any increases which may result in additional freight charges, will be for the client’s account. Should any increase occur of the current travelling tariffs, the quotation will be adjusted accordingly without the client’s further consent. Any additional charges for the handling of pet/s resulting from airline delays including kenneling, cancellation of flights, deviation from route, loss of any documentation, delays or cancellations in transport services, for any reason whatsoever including but not limited to adverse weather conditions, impassable or dangerous roads, bridges or ferries, or instructions from any competent authority, will be for the client’s account.

2. Normal working hours are 8h00 to 17h00, Monday to Friday, and handling of pet/s outside normal working hours will result in a surcharge.

3. “Petwings” shall not be responsible for any insurance of the pet/s, which must be effected by the client. If any permit, consent or approval to handle the pet/s is required under any law, by-law or regulation, none of “Petwings’” obligations or duties shall take effect unless and until it receives the relevant permit, consent or approval.

4. This agreement and the quotation overleaf constitute the sole record of the agreement between the parties, and “Petwings” shall not be bound by any expressed or implied term, representation, warranty, promise or the like not recorded herein.

5. Payment shall be effected by the client in cash, by bank guaranteed cheque, normal cheque allowing 14 (fourteen) days for bank clearance, normal cheque by SPECIAL BANK CLEARANCE (additional charges) or credit card or, in the case of an approved company, a company order or letter of acceptance, or by direct transfer into our bank account. All accounts must be settled in full prior to the departure of the pet/s. The client may not raise any claim, dispute or counterclaim as a reason for deferring payment, and the client may not withhold any payment or set off any claim or counterclaim which it may wish to raise against the amount invoiced by “Petwings”.

6. The client is bound by and warrants in favour of “Petwings”: that the client is authorised to enter into this contract relating to the pet/s and indemnifies “Petwings” against any claim of any nature made by anyone against it; and that the handling of pet/s will not violate or infringe any act, regulation or law and the client hereby indemnifies and holds “Petwings” harmless against any claim and/or damages which “Petwings” may suffer by virtue of the client’s breach of this warranty; and that the pet/s are free of infectious or contagious diseases and are in good physical condition.

7. When handling pet/s, “Petwings” shall, in its sole discretion, decide what route to follow and what airline or road transport to use. “Petwings” reserves the right to employ subcontractors or agents to act for it. Where “Petwings” employs independent third parties to perform all or any of the functions required by it, “Petwings” shall have no responsibility or liability to the client for any acts or omissions of such third parties, even though “Petwings” may be responsible for the payment of their charges.

8. The client shall be liable for any duty, tax, import fines or outlay of whatever nature levied by the authorities at any port or place in connection with the pet/s and shall reimburse “Petwings” for any amount disbursed or losses sustained by “Petwings” in connection therewith. In the event of “Petwings” being obliged to take out or obtain any licenses or permits or to comply with the requirements of any lawful authority, “Petwings” shall be entitled to make an additional charge to cover any expenses resulting therefrom not already included in the quotation.

9. The proper law of this agreement is the Law of the Republic of South Africa and accordingly any dispute arising from this agreement, including any dispute about its validity, existence, interpretation, rectification, breach or termination or any dispute about any matter arising out of this agreement, its avoidance, interpretation, rectification, breach or termination shall be determined according to the Laws of the Republic of South Africa.

10. The client chooses its street address as set out in this agreement as its domicilium citandi et executandi for all purposes under this agreement whether for serving any court process or documents, giving any notice or making any other communication of whatsoever nature and for any other purpose arising from this agreement; any notice required to be given by “Petwings” to the client will be deemed to have been validly given if posted by registered post to the domicilium of the client and will be deemed to have been received by the client within 7 (seven) days of the date of posting.

11. The pet/s as listed overleaf shall be carried at the sole risk of the client. The client hereby exempts “Petwings” from and indemnifies “Petwings” against all liability of whatsoever nature arising directly or indirectly from the handling of the pet/s. This exemption and indemnity includes but is not restricted to any liability for direct and/or consequential loss or damages arising from loss of the pet/s, physical damage to the pet/s, failure to collect or deliver the pet/s timeously, adequately or at all or from or to the correct address or from any other cause arising whether any such liability, loss or damage is caused by or arising from breach of contract, negligence or gross negligence on the part of “Petwings”, its servants, agents or employees or any other party.