Terms and Conditions
This Customer Agreement (“Agreement”) is made by and between Pet Relocation LLC, a Texas Limited Liability Company (“Pet Relocation”), having an office at 12400 W Hwy 71 Ste 350-376 Austin, TX 78738 and you, the pet owner and/or the customer (collectively “you” or “Customer”), and by clicking “PAY" above, you acknowledge, understand and further agree that you will observe and be bound by the terms and conditions of this Agreement.
Payment for Services: Customer shall pay Pet Relocation as provided in the Service Approval Form. All fees and costs are subject to change should Customer request a change to the Service Approval Form after Customer has submitted it to Pet Relocation. In addition, Customer is responsible for: (1) all costs in connection with the Services that may arise and which are in addition to the estimated costs summarized in the Service Approval Form (the “Excess Costs”); (2) any applicable Cancellation Fees as set forth below; (3) all shipping costs related to the relocation Services from the Departure City to the Arrival City; and (4) any costs incurred for the benefit of your pet for emergency medical care or other related health services. Unless otherwise agreed to in writing, Customer understands that the cost of the move is to be fully paid no later than 60 days prior to the move date. Costs incurred after this time will be due at time of notice to Customer. In addition to any statutory liens held by Pet Relocation, Customer hereby grants Pet Relocation a security interest in Customer’s Pet(s), including any other property provided by Customer to Pet Relocation, to be transported(collectively “Customer’s Pet”) to secure payment of all amounts Customer owes Pet Relocation. Customer agrees Pet Relocation may file all appropriate financing statements to perfect such security interest.
By clicking "PAY" above, the customer acknowledges and agrees that if a payment plan is offered, they will be automatically enrolled in automatic payments for the agreed-upon amount, according to the payment plan terms. The customer further agrees that Pet Relocation LLC, a Texas Limited Liability Company, will charge the customer's designated payment method until the total amount owed has been paid.
The customer may cancel automatic payments anytime by providing written notice to Pet Relocation LLC. However, please note that any overdraft fees or charges resulting from automatic payments are the customer's sole responsibility and not Pet Relocation LLC. By accepting this agreement, the customer acknowledges and agrees with these terms and conditions regarding automatic payments.
Excess Costs: Should the amount of the Excess Costs equal an amount greater than 25% of the estimated costs, such Excess Costs will only be charged after cardholder’s approval has been obtained. For Customers paying by wire or other method of payment: Customers shall pay any Excess Costs set forth in a Pet Relocation invoice and as provided in the Service Approval Form. Term: Subject to the payment and cancellation provisions herein, either party may terminate this Agreement upon written notice to the other party.
Cancellation Fees: Cancellations must be submitted in writing to a Pet Relocation associate. Customer agrees and acknowledges as follows: (a) Cancellations made within 48 hours after the date the Service Approval Form is submitted (the "Service Order Date") will receive a full refund, less any expenses incurred on behalf of the Customer; (b) All cancellations, except those listed in paragraph (a) above, shall be subject to the following: (i) a fee equal to costs incurred including Pet Relocation associate’s time expenses incurred on behalf of the customer.
Pet Photographs/Recordings: PetRelocation may acquire photographs/images/recordings in print and/or electronically of pet(s) being relocated and relocation related events for use in company communications or publications with or without the pet owner’s name, for lawful purpose including publicity, illustration, advertising and web content.
Move Dates: Pet Relocation cannot guarantee move dates. We recommend engaging our services as soon as possible so we may review your pet’s current vet records and get started on travel documentation. Depending on the final destination, it typically takes our team anywhere from 2– 6 weeks to put your pet’s travel plans in place. Your pet’s departure date and move plan will be confirmed by your Relocation Specialist once you have provided your preferred move date. It is important that we are departing, transiting, and arriving on weekdays.
Title and Risk of Loss: Unless otherwise agreed in writing by Pet Relocation, risk of loss will pass to Customer upon delivery of Customer’s Pet to Arrival City/Airport.
Hold Harmless and Limitation of Liability: CUSTOMER HEREBY HOLDS PET RELOCATION HARMLESS FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, OR DAMAGES RESULTING, IN WHOLE OR IN PART, FROM CUSTOMER’S NEGLIGENCE, INCLUDING ANY MISSTATEMENTS OF FACT. PET RELOCATION’S LIABILITY TO CUSTOMER FOR ANY CLAIM OR CAUSE OF ACTION WHATSOEVER RELATED TO THE SERVICES OR THE CUSTOMER’S PET SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO PET RELOCATION FOR SUCH SERVICES. IN NO EVENT WILL PET RELOCATION BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
Terms and Conditions Applicable to Customers: PET RELOCATION PROVIDES ITS SERVICES TO YOU IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING ITS NOTICE REGARDING SNUB NOSED BREEDS AND ITS NOTICE REGARDING ELDERLY PETS (COLLECTIVELY, “CUSTOMER NOTICES”). IN ADDITION TO THE TERMS OF THIS AGREEMENT, BY CLICKING “I ACCEPT” below, YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU HAVE READ THE CUSTOMER NOTICES AND ACCEPT THE RISKS DESCRIBED THEREIN.
Disclaimer of Warranty: PET RELOCATION SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
General: The laws of the State of Texas govern this Agreement without regard to choice of law rules. Neither party may bring an action, regardless of form, arising out of or related to this Agreement more than two years after the cause of action has arisen. Neither party shall be responsible for failure to fulfill its obligations under this Agreement due to fire, flood, war or acts of God. No delay or failure by either party to act in the event of a breach or default hereunder shall be construed as a waiver of that or any subsequent breach or default of any provision of this Agreement. Neither party is a legal representative, partner, franchise, agent or employee of the other. Each party may have similar agreements with others. Any terms of this Agreement which by their nature extend beyond the expiration or termination of this Agreement shall remain in effect until fulfilled and shall bind the parties and their legal representatives, successors, heirs and assigns. There are no third party beneficiaries to this Agreement. Customer may not assign its rights or obligations under this Agreement without the prior written consent of Pet Relocation. This Agreement is the complete agreement of the parties regarding the subject matter expressed.
Modifications: This Agreement may not be amended or modified except by a written amendment signed by both parties. Any terms contained in any pre-printed form or other agreement that would modify the terms of this Agreement are void and shall be of no effect.
Survival: You acknowledge and agree that the terms of this Agreement that by their sense and context are intended to survive the performance hereof, including, but not limited to the limitations of liability, hold harmless provisions and payment obligations of Customer, shall survive the completion of the performance, cancellation or termination of the Agreement.
Arbitration: Any controversy or claim between the parties to this Agreement, whether or not related to this Agreement, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any arbitration shall be held in Travis County, Texas. The arbitrator shall award the prevailing party its attorney fees, expert witness fees, and arbitration costs as part of the award.