LABRADOR INFORMED BREEDING ALLIANCE LIMITED – BUYER’S TERMS AND
CONDITIONS
1.
DEFINITIONS
In this Agreement, the following words will have the following meanings:
‘Agreement’
the agreement between the Buyer
incorporating these terms and conditions;
‘Breeder’
a Labrador breeder which has joined LIBA as a breeder
member for the purpose of making Puppies available to
Buyers and agreed to comply with LIBA’s Health and
Welfare Standards;
‘Buyer’
the individual who has become a member of LIBA,
subject to the terms and conditions of this Agreement,
for the purpose of purchasing a Puppy from a Breeder;
‘Commencement Date’
has the meaning given to that term in clause 2.1;
'Health and Welfare
Standards'
the standards relating to providing appropriate welfare
for Labrador puppies and testing for certain genetic
defects within Labrador puppies with which LIBA
expects its Breeders to comply, as specified on the
Website and as may be updated by LIBA from time to
time.;
‘LIBA’
Labrador Informed Breeding Alliance Limited, whose
registered company number is 8351933 and whose
registered office is at 24 Summerfields, Sible
and
LIBA,
Hedingham, Essex CO9 3HS;
‘Membership Fee’
the fee payable by the Buyer to LIBA for provision of the
Membership Services, as specified on LIBA's website
and as may be varied from time to time;
‘Membership Services’
the services provided by LIBA to the Buyer as part of the
Buyer’s membership, as further detailed in clause 2 of
this Agreement;
‘Parties’
LIBA and the Buyer, and ‘Party’ will mean either one of
them;
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‘Puppy’
a Labrador puppy bred by a Breeder and made available
for sale to the Buyer;
‘Website’
www.labradr-iba.co.uk
2.
MEMBERSHIP
2.1
The Buyer will be deemed to have accepted and agreed to the terms of this
Agreement (which will prevail over any other terms and conditions put forward by the
Buyer), at the point at which the Buyer clicks to accept the terms of this Agreement
on LIBA's website (“the Commencement Date”).
2.2
The Buyer’s membership with LIBA shall continue, unless terminated earlier in
accordance with clause 7 of this Agreement, until the first anniversary of the
Commencement Date when it shall terminate automatically without notice.
2.3
During the period in which the Buyer is a member, LIBA will use reasonable
endeavours to introduce to the Buyer, Breeders suitable to provide the Buyer with one
Puppy. LIBA does not represent, warrant or undertake to find a suitable or any
Breeder for the Buyer.
2.4
LIBA shall have no liability to the Buyer in the event that a Breeder is unable to supply
the Buyer with a Puppy, or declines to sell a Puppy to the Buyer for any reason.
2.5
In the event that LIBA is able to identify a suitable Breeder or Puppy for the Buyer,
the responsibility for the arrangements necessary to purchase the Puppy from the
Breeder (whether logistical, contractual or otherwise) shall be between the Buyer and
the Breeder only.
2.6
The Buyer will notify LIBA immediately in the event that it is successful in purchasing
a Puppy from a Breeder. The Buyer’s membership with LIBA shall terminate at the
point at which the Buyer has successfully purchased a Puppy from a Breeder.
2.7
LIBA will:
2.7.1
review the request for a Puppy which has been made by the Buyer, taking
note of any specific requirements which the Buyer may have;
2.7.2
identify relevant Breeders (if any) who may be able to provide a suitable
Puppy to the Buyer;
2.7.3
provide the Buyer with access to the Breeder’s details that are held by
LIBA so that the Buyer can contact the Breeder directly and make further
enquiries about purchasing a Puppy;
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2.7.4
at the Buyer’s request supply to the Buyer copies of any relevant
certificates and other documentation (where such certificates and/ or
references have been provided to LIBA by a Breeder) relating to the health
of any Puppies (including that relating to the sire or dame of those
Puppies) which the Buyer is considering purchasing from a Breeder;
2.7.5
ensure that any Breeder has given his consent for his or her details to be
submitted to the Buyer;
2.8
LIBA will make reasonable enquiries of Breeders to assess whether the Puppies from
Breeders meet the Health and Welfare Standards of LIBA. These enquiries may
include (but not be limited to) contacting Breeders by telephone and e-mail.
3.
FEES AND PAYMENT
3.1
In consideration of the Membership Services provided, the Buyer will pay the
Membership Fee to LIBA. The Membership Fee will be paid by the Buyer prior to the
commencement of the Membership Services.
3.2
The Membership Fee payable by the Buyer relates to an introduction by LIBA which
results in the successful purchase of one Puppy from a Breeder only. In the event that
the Buyer wishes to purchase any further Puppies, the Buyer must take out another
membership and a further Membership Fee will be payable.
3.3
All amounts stated are exclusive of VAT and any other applicable taxes, which will if
applicable be charged in addition at the rate in force at the time the Buyer is required
to make payment.
4.
BUYER’S OBLIGATIONS AND ACKNOWLEDGMENTS
4.1
When requesting LIBA to introduce Breeders in order to find a suitable Puppy, the
Buyer will provide to LIBA the following information:
4.2
4.1.1
the Buyer’s name, address, telephone number and e-mail address;
4.1.2
any specific requests which the Buyer may have in relation to the Breeder
and/ or Puppy, for example, the preferred location of the Breeder, the
colour or sex of the Puppy (please note that while LIBA will take these
requests into consideration, it cannot guarantee that the Breeder and/ or
Puppy will meet any criteria specified by the Buyer).
The Buyer will satisfy itself as to the suitability of any Breeder for the purchase of a
Puppy. LIBA cannot be held responsible for, and shall not be liable to the Buyer in
respect of, any claim or loss arising out of any false or inaccurate information provided
to it by the Breeder.
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4.3
The Buyer shall not use any Breeder information provided to it by LIBA for any
purpose other than the purchase of a Puppy from a Breeder, subject to the terms of
this Agreement.
5.
CONFIDENTIALITY
5.1
All introductions are confidential. All work undertaken by LIBA for the Buyer in respect
of the introduction of a Breeder to the Buyer, and the contact details of any Breeders
supplied to the Buyer, will be for the private and confidential use of the Buyer only and
should not be reproduced in whole or in part or disclosed to any third parties for any
use whatsoever, without the express written authority of LIBA.
5.2
The obligations in this clause 5 will survive termination of this Agreement.
6.
WARRANTIES, LIABILITY AND INDEMNITIES
6.1
Nothing in this Agreement shall limit or exclude LIBA's liability for:
6.1.1
death or personal injury caused by its negligence, or the negligence of its
employees, agents or subcontractors; or
6.1.2
fraud or fraudulent misrepresentation.
6.2
Although LIBA will not knowingly support any Breeders who do not comply with the
Health and Welfare Standards, the Buyer accepts and agrees that LIBA gives no
warranty as to the suitability of any Breeder for its requirements and/ or for any ill
health, genetic defect or other issue with any Puppy purchased from a Breeder.
6.3
Subject to clause 6.1, neither LIBA nor any of its employees, agents or subcontractors will be liable to the Buyer for any loss, injury, damage, expense or delay
incurred or suffered by the Buyer arising directly or indirectly from or in any way
connected with the introduction of a Breeder to the Buyer by LIBA or by the purchase
of a Puppy by the Buyer from a Breeder, unless such loss, damage, costs or expenses
are the direct result of the negligent acts or omissions of LIBA. In particular, but without
limiting the generality of the foregoing, LIBA will not be liable for any loss, injury,
damage, expense or delay arising from or in any way connected with any act or
omission of a Breeder, whether wilful, negligent, fraudulent, dishonest, reckless or
otherwise.
6.4
Subject to clause 6.1, the liability of LIBA under or in connection with this Agreement
whether arising in contract, tort, negligence, breach of statutory duty or otherwise in
respect of all claims (connected or unconnected) in any consecutive 12 (twelve)
month period, will not exceed the equivalent of the Membership Fee paid by the
Breeder in that period.
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6.5
Neither Party will be liable to the other Party in contract, tort, negligence, breach of
statutory duty or otherwise for any loss, damage, costs or expenses of any nature
whatsoever incurred or suffered by that other Party of an indirect or consequential
nature including without limitation any economic loss or other loss of turnover, profits,
business or goodwill. The provisions of this clause 6.5 will not apply to clause 6.5.
6.6
Except as set out in this Agreement, all warranties, conditions and other terms implied
by statute or common law are, to the fullest extent permitted by law, excluded from
this Agreement.
6.7
This clause 6 shall survive termination of this Agreement.
7.
TERMINATION
7.1
Without prejudice to the other remedies or rights a Party may have, either Party may
terminate this Agreement, at any time, on written notice to the other Party (‘Other
Party’) if the Other Party is in material breach of its obligations under this Agreement
and, if the breach is capable of remedy, the breach is not remedied with 21 days of
the Other Party receiving notice which specifies the breach and requiring the breach
to be remedied.
7.2
For the avoidance of doubt, where this Agreement has been terminated by LIBA
pursuant to this clause 7, the Buyer’s membership shall immediately terminate, and
the Buyer shall not be entitled to a refund of any Membership Fee paid to LIBA.
8.
GENERAL
8.1
No amendment or variation of this Agreement will be valid unless confirmed as
agreed, in writing, by an authorised signatory of each Party.
8.2
The Buyer may not assign, delegate, sub-contract, mortgage, charge or otherwise
transfer any or all of its rights and obligations under this Agreement without the prior
written agreement of LIBA.
8.3
This Agreement contains the whole agreement between the Parties and supersedes
and replaces any prior written or oral agreements, representations or understandings
between them. The Parties confirm that they have not entered into this Agreement on
the basis of any representation that is not expressly incorporated into this Agreement.
Nothing in this Agreement excludes liability for fraud.
8.4
If any provision of this Agreement is prohibited by law or judged by a court to be
unlawful, void or unenforceable, the provision will, to the extent required, be severed
from this Agreement and rendered ineffective as far as possible without modifying the
remaining provisions of this Agreement, and will not in any way affect any other
circumstances of or the validity or enforcement of this Agreement.
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9.
NOTICES
10.
Any notice to be given under this Agreement will be in writing and will be sent (in the
case of notices to be given to LIBA) by first class mail to the address set out in clause
1 and (in the cases of notices to be given to Buyers) at such address as has been
provided to LIBA by the Buyer at the outset of the Buyer’s membership, and shall
unless actually received earlier, be deemed to have been received by that Party two
working days from the date such notice was so posted.
11.
APPLICABLE LAW AND JURISDICTION
11.1
The validity, construction and performance of this Agreement is be governed by
English law and will be subject to the exclusive jurisdiction of the English courts to
which the Parties submit.
12.
THIRD PARTIES
12.1
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this Agreement
is not intended to, and does not, give any person who is not a party to it any right to
enforce any of its provisions.
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