TERMS AND CONDITIONS FOR ENGAGEMENT OF SHILOH ANIMAL EXPRESS
Standard agreement for the services rendered to customers
Index to Clauses
- Provision of services
- Emergency Services
- Warranty And Shiloh’s Responsibilities
- Customer’s Responsibilities
- Limitation of Liability
- Duration of agreement
- Shiloh’s representatives
- Force majeure
- Invalidity and severability
- Entire agreement
THIS AGREEMENT is between Shiloh Petcare Pte Ltd, a company incorporated in Singapore of 34 Nim Road Singapore 807562 (hereinafter referred to as “Shiloh”) and (hereinafter referred to as “the Customer”).
Shiloh has agreed to provide certain services to the Customer in respect of animal/pet moving support upon the terms and conditions of this Agreement.
NOW IT IS HEREBY AGREED as follows:
1.1 In this Agreement unless the context otherwise requires:
‘FEE’ means the agreed fee for the Services as set out in the Invoice of Shiloh for the transportation of the animal set out in the Schedule herein and shall be paid in full at the time of booking based strictly on the description set out in the Schedule.
‘Agreement’ means the terms of engagement and the Terms and Conditions including all schedules and annexes as may be amended from time to time.
‘Delivery date’ means the date on which the Customer’s pet is delivered to the person duly authorized to receive the pet at the place of destination.
‘Force Majeure Event’ refers to events as defined in Clause 11 below.
‘GST’ means goods and services tax, value added tax or such other consumption tax by whatever name called at the prevailing rates) including those imposed by the Goods and Services Tax Act (Chapter 117A) of Singapore.
‘SERVICES’ means the provision of services in accordance with clause 2 below.
2. Provision of services
2.1 Shiloh (which operates the business of Shiloh Animal Express) in consideration of the full payment by the Customer of the Fee hereby undertakes to the Customer to provide, upon the terms and conditions of this Agreement, the following services:
2.1.1 Door to door (or door to port only, accompanied baggage, in cabin, as may be agreed) delivery of the Customer’s animal to the place of destination with clearance of border requirements as per quote;
2.1.2 Rendering general advice (limited only to the knowledge of Shiloh) on the moving process to the place of destination for the Customer;
2.1.3 At the request of the Customer to provide vaccination and/or microchip insertion for the animal of the Customer (at a price to be agreed between Shiloh and the Customer);
2.1.4 Keeping the Customer informed of any significant developments during the moving process;
2.2 Please take note that the administrative process for relocation will commence only upon receipt of the COMPLETE set of documents as stated below.
Duly signed quotation to confirm acceptance of the quote/Shipping Form and Conditions of Contract Copy
of the pet’s current vaccination records (including cover page with full details of pet(s) & owner, please
note that we cannot fill the information on your behalf, and we cannot proceed forward if it is not
completed. All original records need to be retained for our collection. Your pet(s) cannot fly without the
original vaccination record(s) or serology results)
Copy of Sterilization Certificate & Microchip Certificate if any Copy of Valid Dog License (for dog(s) only)
Copy of Owner’s Passport Copy of Owner’s E-Ticket
Picture of crate and dog inside crate (if using your own crate) Proof of payment
Serology Results (if needed)
2.3 I acknowledge that I have filled in the Shipping Form to the best of my ability and any mistake that I have made or withheld will be at my own responsibility.
2.4 Time is not of the essence with regards to the provision of the Services. Shiloh shall take all reasonable measures to ensure that the Services is rendered adequately but is not otherwise responsible to the Customer for any delay or damage that may be caused in the moving process.
2.5 The Customer agrees and acknowledges that the animal is being transported by Shiloh entirely at the sole risk of the Customer and that Shiloh is not a carrier and is only arranging for transportation for the Customer. As such, any claims whatsoever and howsoever arising that the Customer may have shall not be directed to Shiloh at all but be made to the relevant carrier. The Customer hereby acknowledges that he is informed and is fully aware that under the relevant Convention, legislation [including but not limited to the Carriage by Air (Montreal Convention, 1999) Act 2007, Carriage by Air Act 1988 and the Carriage of Goods by Sea Act 1972] and other laws and regulations as well as IATA guidelines that are applicable, there are limitations of liability imposed in the event of any loss or damage and the Customer agrees to bear such risk in entrusting the carriage to Shiloh and/or the carrier and under no circumstances whatsoever, shall Shiloh be held responsible to the Customer for the said carriage.
2.6 The Customer agrees to the following additional terms and conditions for the transport of the animal:
2.4.1 Whereas the utmost care and attention is given to client’s pets, they are handled with the understanding that Shiloh, the kennels/cattery, the airline, the veterinarian are at no time to be held responsible for loss, death, illness, injury or accident due to any cause, either natural or accidental;
2.4.2 The quotation or estimate is based on the weight or the height and length of the pet/s or dimensions of your travel container/s, given by the owner or their representative, and freight and box charges are based on this information. The airline requires that all animals must be able to stand up, lie down, sit and turn around in their carrier comfortably in their natural position. Crates must be IATA approved, if the Customer is unsure, he is required to ask Shiloh’s representative for the IATA guidelines. If there is any increase in the size of the pet or travel container due to the fact that the container are too small, extra freight charges and purchasing new containers and accessories are to the Customer’s account. Shiloh will refuse to ship any animals that does not have an IATA compliant crate. Quotations are based on current tariffs and freight tariffs are subject to increases without prior notification. Any increases are to the Customer’s account. Any request for early crate delivery outside Shiloh’s visitation/pickup period will be chargeable (currently at S$90). If the Customer requires the crate(s) early, he is obliged to inform Shiloh at least 2 weeks in advance or at the point of confirmation. Any out of schedule or last minute request will incur the delivery charge;
2.4.3 If there are any rates change, you will be notified with an update and reason. Additional cost may result from additional days of boarding due to travel arrangement changes that are out of Shiloh’s control, airline policy changes, airline embargo restricting dates of travel or aircraft changes, incompatible cargo, inadequate documentation and health information, unacceptable carrier provided by owner, necessary veterinary medical needs;
2.4.4 Shiloh is not responsible for any flight arrangements that the Customer makes himself in order to fly with his pets and this includes (but is not limited to) the changes in flight schedule if their animal(s) are unable to get on the scheduled flight;
2.4.5 Failing to follow Shiloh’s instructions may result in delays and extra costs. Shiloh not responsible for these delays or extra costs. Fees may apply if a pet- owner’s veterinarian causes a need for any re-processing due to inexperience or mishandling. Using Customer’s own vet is permissible, but all final documents must be verified by Shiloh. Fees may apply due to a Customer’s change of plans or schedule causing a need for re-processing. There may be an extra fee if the departure date is changed within 14 days of departure;
2.4.6 It is important that the animal/pet be transported be in an APPROPRIATE CARRIER. IATA regulations do not allow wire crates for transporting. All pet/pets must have room inside of the carrier to be able to sit, stand, turn and lie down comfortably inside the carrier. Shiloh reserves the right to deny service to anyone not complying with these standards. Carriers being supplied by the Customer must be in good conditions, doors must closed, and all sides must be latch properly with screws;
2.4.7 Shiloh cannot be held responsible for airline delays, cancellation of flights, change of dates, incorrect routing by airlines, change of aircraft type or available capacity by airlines, or loss of veterinary documents by airlines, customs or the authorities. Routing to destinations may be changed without prior notice to allow for pet travel embargos orchanges in airline regulations. Shiloh subsequently reserves the right to choose the shortest/best route and airline for the animal/pet(s) travel. Shiloh will endeavor to inform the Customer as soon as any changes may occur; this may not always be possible due to the late notice/changes imposed by the airlines and/or the unavailability of the client. Additional charges for sending crate, no show, kenneling, extra trips and extra trips to the airport are to the client’s account.
2.4.8 Shiloh reserves the right to seek veterinary attention, with its choice of such veterinarian services, as well as the extent of medical services which may be reasonably necessary under the circumstances, thus being left to the discretion of Shiloh’s personnel. Any veterinary service needed will be at the Customer’s expense regardless of the nature of the services performed. Once the Customer’s animal/pet is delivered and left in the possession of the airlines, Shiloh has no further control and assume no further responsibility;
2.4.9 Shiloh’s quote excludes additional paperwork, any unforeseen and not listed charges, if the animal/pet fails blood tests, delayed test results or any other unforeseen circumstances e.g. pet certified unfit to fly prior to departure, owner or vet’s negligence in paperwork, missing documentation i.e. mismatched microchip number etc. (if any);
2.4.10 There will be a fee charged for any date change/cancellations from the airline after flight confirmation / even if blood tests are positive or death. (For Australia & New Zealand);
2.4.11 For Australia & New Zealand, there will be at least 3 Internal & External Parasite Treatment for Dogs and at least 2 Internal & External Parasite Treatment for cats bound for Australia. At least 2 Internal & External Parasite Treatment for Dogs & Cats bound for New Zealand. We use Frontline & Drontol Plus. Frontline, a common flea preventative that disrupts flea neural receptors, is a suspected carcinogen and endocrine disruptor that can be toxic to the nervous system if ingested. It can also cause less serious side effects in dogs, such as irritation at the spot of application, diarrhea, vomiting and seizures. Sometimes it causes harmful side effects on animals. If at any time you have an issue with it, please let us know;
2.4.12 For rest of the world, there will be at least either/or 1 Internal or 1 External Parasite Treatment for Dogs & Cats. Shiloh uses Frontline & Drontol Plus, Frontline a common flea preventative that disrupts flea neural receptors, is a suspected carcinogen and endocrine disruptor that can be toxic to the nervous system if ingested. It can also cause less serious side effects in dogs, such as irritation at the spot of application, diarrhea, vomiting and seizures. Sometimes it causes harmful side effects on animals. If at any time the Customer have an issue with it, the Customer is required to notify Shiloh in advance in writing;
2.4.13 In the event of any failure in any blood test, fees for re-test will be at owner’s2.4.13 In the event of any failure in any blood test, fees for re-test will be at owner’saccount;
2.4.14 Cats are to be handed to Shiloh in their crates in the presence of the Customer or by the boarding facility staff. Shiloh does not catch the animal/pet for the owner or for the boarding facility staff. Dogs are to be handed to us with leash & collar.Shiloh does not catch and leash dogs in the presence of the owner or boarding staff. Shiloh will not transport any animal/pet that requires a muzzle or other restrictive device. Shiloh and its drivers/handlers reserve the right to refuse transport of any pet or Customer that displays signs of aggression;
2.4.15 Shiloh at times will make photos available to client either via email or on our Facebook side. The Customer understands that this may not always be available due to restricted areas at the airport and also during the time of departure or arrival where taking care of the pets is our priority. Any photos that are taken of the Customer’s animal/pet may be used for marketing, on social media, and advertising for Shiloh;
2.4.16 The entire relocation process must be completed within 6 months from the date of acceptance of Shiloh’s quote (unless a separate request has been made in writing). The quote is for all animals in the same household to travel together in the same airwaybill unless specifically written;
2.4.17 Toys and Food items are not to be included into the shipment of the animals. Any item that is included/added on flight day is chargeable by the airline due to weight increase. These charges will be added onto the client’s account. Items that belong to the dogs/cats during shipping or in Quarantine are at the owner’s risk. SAE will not be responsible for lost or damage, minimize the items/accessories for the pet during shipment. Shiloh Petcare Pte Ltd will not transport any unnecessary items with your pet;
2.4.18 Shiloh does not recommend that any dog or cat to be given tranquillizers during travel. Where tranquillizers are needed or specifically requested, tranquillizers are STRICTLY to be arranged by the Customer and prescribed and issued by the Customer’s own veterinarian. Shiloh will not be held responsible for over dosage, any side effects or death due to poorly administered tranquillizers;
2.4.19 Upon execution of this agreement, any cancellations will be subjected to a 50% charge. There shall be total no refunds on cancellation and/or any changes which are made on the last 14 days before the date of shipment.
2.4.20 There will be an administrative fee of S$100 for any refund that have to be process.
2.4.21 Any irregularities or loss of documents must be reported to us within 24 hours of pet’s arrival.
3. Emergency Services
3.1 Emergency Services are the Services provided by Shiloh upon receipt of notification from the Customer outside the scope of this agreement.
3.2 During times when diseases or war may break out or when flight/shipment changes may occur (some of which may not be known to Shiloh beforehand), the Customer acknowledges that there are risks and events which shall require the Customer to be flexible and to make compromises on what is achievable and the Customer agrees to strictly follow the advice of Shiloh and to pay for such modified form of performance as may be advised by Shiloh.
3.3 Shiloh may provide Emergency Services under this clause upon request by the Customer and notwithstanding anything herein contained, the Customer and Shiloh shall mutually agree on the scale of charges for Emergency Services under this clause and in the absence of such agreement, the Customer shall pay Shiloh for Emergency Services in accordance with Shiloh’s then current charges for such services rendered in Singapore to its customer.
4. Warranty And Shiloh’s Responsibilities
Shiloh warrants as follows:
4.1 That all his personnel and those of his Subcontractors or agents are suitably qualified and competent to carry out the tasks required of him under this Agreement.
4.2 That Shiloh shall carry out its obligations in conformity with the general accepted standards of skill, care and diligence appropriate to the nature of the service rendered.
4.3 That in the event it fails to conform to the terms of this Agreement and in particular the warranties given under this clause, it shall, without request, take immediate action to remedy the same without any cost to the Customer.
5 Customer’s Responsibilities
5.1 The Customer shall:-
5.1.1 ensure that the animal handed over to Shiloh for transportation overseas is in good condition and fit for travel overseas under confined environmental conditions;
5.1.2 provide Shiloh with all necessary documentations to enable Shiloh to perform its task and meet all regulatory requirements;
5.1.3 notify Shiloh in writing of any circumstances which might affect the performance of the task;5.1.4 The Service Fee payment is strictly non-refundable under any circumstances. The Service Fee is deemed fully earned by Shiloh the moment they undertake to take on the case for the Customer;
5.1.5 All outstanding bills are to be cleared before the day of shipment. Shiloh reserves the rights to hold the shipment if bills are unpaid on the day of departure. All cost associated with the hold back will be at the owner’s expense;
5.1.6 to source for and select suitable airlines for the transportation of the pets/goods and that once, the selection is done, it is firmly binding on the Customer. If any changes occur subsequently and/or are requested to be made by the Customer, the Customer shall be fully responsible for and is liable to pay for the changes and ALL the itemized fees and cost as set out in Shiloh’s Quote shall remain fully payable (save and except if Shiloh chooses to waive any of the items. Shiloh is not obliged to do so nor to proffer any reason(s) for its decision not to waive in this regard.).
6 Limitation of liability
6.1 The following provisions set out Shiloh’s entire liability (including any liability for the acts and omissions of its employees, agents and sub-contractors) to the Customer in respect of:
6.1.1 any breach of its contractual obligations arising under this Agreement; and
6.1.2 any representation statement or tortious act or omission including negligence arising under or in connection with this Agreement.
AND THE CUSTOMER’S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF THIS CLAUSE 6.
6.2 Any act or omission on the part of Shiloh or its employees agents or sub-contractors falling within clause 6.1 above shall for the purposes of this clause be known as an ‘Event of Default’.
6.3 Shiloh shall not be liable to the Customer under any circumstances whatsoever. The animal/pet is transported entirely at the Customer’s own risk and any claim shall be made by the Customer to others without reference to Shiloh or its employers, agents or sub-contractors.
6.4 Nothing in this clause shall confer any right or remedy upon the Customer to which it would not otherwise be legally entitled.
7.1 Each of the parties hereto undertakes to the other to keep confidential all information (written or oral) concerning the business and affairs of the other that it shall have obtained or received as a result of the discussions leading up to or the entering into of this Agreement save that which is:
7.1.1. trivial or obvious; or7.1.1. trivial or obvious; or
7.1.2. already in its possession other than as a result of a breach of this clause; or
7.1.3. in the public domain other than as a result of a breach of this clause.
7.2 Each of the parties undertakes to the other to take all such steps as shall from time to time be necessary to ensure compliance with the provisions above by its employees agents and sub-contractors.
8. Duration of agreement.
8.1 This agreement shall continue until terminated in accordance with the provisions of below.
9.1. Shiloh shall communicate to the Customer upon the date hereof the identity of the person(s) or the department who shall act as the sole contact point and channel of communication for the provision by the Customer of the Services during the currency of this Agreement. Shiloh shall inform the Customer of any change in the identity of any such person(s) or department.
10.1. This agreement may be terminated:
10.1.1. by Shiloh upon giving not less than 48 hours notice to the Customer;
10.1.2. forthwith by either party if the other commits any material breach of any term of this Agreement and which (in the case of a breach capable of being remedied) shall not have been remedied within 7 days of a written request to remedy the same.
10.2 Any termination of this Agreement pursuant to this clause shall be without prejudice to any other rights or remedies a party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.
11. Force majeure
11.1 Neither party hereto shall be liable for any breach of its obligations hereunder resulting from causes beyond its reasonable control including but not limited to fires strikes (of its own or other employees) insurrection or riots embargoes container shortages wrecks or delays in transportation inability to obtain supplies and raw materials requirements or regulations of any civil or military authority (an ‘Event of Force Majeure’).
11.2 Each of the parties hereto agrees to give notice forthwith to the other upon becoming aware of an Event of Force Majeure such notice to contain details of the circumstances giving rise to the Event of Force Majeure.
11.3 If a default due to an Event of Force Majeure shall continue for more than 4 weeks then the party not in default shall be entitled to terminate this Agreement. Neither party shall have any liability to the other in respect of the termination of this Agreement as a result of an Event of Force Majeure.
12.1 The waiver by either party of a breach or default of any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.
13.1. Any notice request instruction or other document to be given hereunder shall be delivered or sent by first class post or by email or facsimile transmission to the address or to the facsimile number of the other party set out in this Agreement (or such other address or numbers as may have been notified).
Notices to Shiloh:
Notices to Shiloh:
Email address: email@example.com
Notices to the Customer:
14. Invalidity and severability
14.1 If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.
15. Entire agreement
15.1. Shiloh shall not be liable to the Customer for loss arising from or in connection with any representations agreements statements or undertakings made prior to the date of execution of this Agreement other than those representations agreements statements or undertakings confirmed by a duly authorized representative of Shiloh in writing or expressly incorporated or referred to in this Agreement.
16.1. This agreement shall not be binding upon and enure for the benefit of any third parties and/or the successors in title of the Customer hereto.
17.1. Shiloh shall be entitled to assign or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the Customer.
18.1. Save insofar as otherwise expressly provided all amounts stated in this Agreement are expressed exclusive of goods and services tax and any value added tax arising in respect of any supply made hereunder shall on the issue of a valid tax invoice in respect of the same be paid to the party making such supply by the party to whom it is made in addition to any other consideration payable therefor.
19.1. Headings to clauses in this Agreement are for the purpose of information and identification only and shall not be construed as forming part of this Agreement.
20.1. This agreement shall be governed by and construed in accordance with Singapore law and the parties hereto agree to submit to the exclusive jurisdiction of the Singapore courts.
Detailed description of the animal(s) to be transported
See Attached Shipping Quote & Shipping Form
Crate Dimensions and Suitable Crate Size as per IATA regulations
Shiloh will not ship any animals with crates that are non-compliant to the IATA standards and/or standards set by Shiloh for humane reasons. In this instance, we will exercise clause 10, if owner refuse to change.