1. General. These General Terms and Conditions shall apply to all services (“Services”) provided by Global Pet Alliance, LLC, My Pet Cab, LLC, Global Pet Relocation, LLC, DHU Consulting, LLC, or the DBA’s of Starwood Animal Transport or Pacific Pet Transport (“GPA”), to its customers (each a “Customer”). All orders by Customer shall be made subject to these General Terms and Conditions (and those specific terms set out in the quote (the “Quote”), which terms and conditions represent the entire agreement (the “Agreement”) with respect to Customer’s order and which supersedes all prior agreements, understandings, representations or warranties, whether oral or written, between Customer and GPA relating to such order. No statements subsequent to Customer’s acceptance of this order shall be binding upon GPA and no variation of these General Terms and Conditions, nor of those specific terms set out on in the Quote, shall be made (and if made shall not be valid) unless agreed to in writing by GPA. Customer’s acceptance of GPA’s Quote is an acceptance of, and assent to, these terms and conditions. Any additional, inconsistent or different terms and conditions contained in other documents submitted by Customer to GPA at any time, whether before or after the date hereof, are hereby expressly rejected by GPA.
2. Payment. Unless other terms are approved by GPA on a case-by-case basis, all orders shall be pre-paid by Customer. In the event that additional costs are incurred, those costs must be paid within 24 hours of notice via credit card. GPA will add a 3% convenience fee for any credit card payment.
3. Completion of Services. ALL DELIVERY DATES ARE APPROXIMATE AND ARE NOT GUARANTEED. Due to the many variables associated with providing the Services, all completion/delivery dates stated by GPA are approximate dates only and estimated in good faith to the best of GPA’s ability. GPA shall not be responsible for any loss or damages resulting from any delays in delivery of Services.
4. Customer Warranty, Authorization. Customer represents and warrants to GPA that the animal is healthy and in good physical condition and that the animal is neither dangerous nor aggressive. The Customer is financially responsible for any damage to property, injury to GPA’s employees or other individuals, or to other animals caused by the Customer’s animal while being transported and shall promptly pay all damages on demand. The Customer shall indemnify and hold harmless GPA and its agents from any claim or loss resulting from such damage and/or injury. Further, Customer authorizes GPA at any point in the animal’s travel to pursue emergency services as deemed necessary by GPA in its sole determination and agrees to be responsible for any associated charges in connection with the medical treatment.
5. GPA Warranty. GPA represents and warrants to Customer that it shall perform the Services using personnel of required skill, experience and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under this Agreement.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, GPA MAKES NO WARRANTY, EXPRESS OR IMPLIED, WHETHER OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR OTHERWISE.
6. Customer’s Remedy, Limited Liability of GPA. In the event that Services provided to Customer fail to comply with the specifications set out in the Quote, GPA shall credit or refund the price of such Services at the pro rata contract rate. GPA shall be under no liability pursuant to this Section 6 unless notice of the relevant defect or deficiency in Services delivered is given to GPA within thirty (30) days of the time when Customer discovers or ought to have discovered that the Services were defective.
CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AGAINST GPA SHALL BE THE REMEDY SET FORTH IN SECTION 6. GPA’S LIABILITY ON ANY CLAIM, WHETHER IN CONTRACT, TORT NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH CUSTOMER’S ORDER OF SERVICES, SHALL IN NO CASE EXCEED THE AMOUNT PAID BY CUSTOMER TO GPA FOR SUCH SERVICES.
IN NO EVENT SHALL GPA BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION DAMAGES FOR DEATH, INJURY TO PERSON OR PROPERTY, LOST PROFITS OR REVENUE, LOST SALES, OR LOSS OF USE.
7. Force Majeure. If the performance of any of GPA’s obligations hereunder is prevented or impaired due to Force Majeure (as defined below), GPA shall have no liability to Customer and GPA reserves the right to terminate this Agreement in whole or in part or to postpone the delivery date by a reasonable period. For the purposes of these General Terms and Conditions, “Force Majeure” shall mean any circumstances outside GPA’s reasonable control including, but without limitation, labor disputes, shortage of labor, political unrest, civil commotion, riot, war (declared or undeclared), acts of terrorism, accident, natural disasters, explosion, fire, climatic conditions, and government interference. Where GPA terminates the Agreement pursuant to this Section 7, GPA shall refund any payment which Customer has already made on account of the price (subject to deduction of any amount GPA is entitled to claim from Customer) but GPA shall not be liable to compensate Customer for any further loss or damage caused by the termination or any failure to deliver Services arising out of it.
8. Event of Default. GPA may, without any liability, suspend performance of Services ordered by Customer and/or (at GPA’s option) terminate the Agreement if Customer: (a) fails to perform any of the terms and conditions of this Agreement; (b) in GPA’s opinion, fails to pay any amount when due under this Agreement; or (c) becomes insolvent, makes an assignment in favor of creditors, or becomes subject to any bankruptcy, dissolution or similar proceedings.
9. Assignment; Severability. Customer may not assign any of its rights or obligations under this Agreement without GPA’s prior written consent. In the event that any phrase, clause or other provision hereof shall violate any applicable statute, ordinance or rule of law in any jurisdiction in which it is used, such provision shall be ineffective to the extent of such violation without invalidating any other provision hereof.
10. Attorney’s Fees; Non-Waiver. In the event of any litigation or collection action arising out of this Agreement, GPA shall be entitled to reimbursement from Customer for its reasonable attorneys’ fees and costs. Failure by GPA to enforce any rights under or to insist upon strict performance of any provision in this Agreement shall not constitute a waiver of any breach or a waiver of such provision, irrespective of the length of time for which such failure continues.
11. Governing Law; Forum. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida, without giving effect to the choice of law provisions thereof. Any action or proceeding arising from or in connection with this Agreement shall be brought and prosecuted as to all parties exclusively in, and each of the parties hereby consents to service of process, personal jurisdiction and venue in, the state and federal courts located in Lee County, Florida.