LOUELLA PIGEON WORLD
1.1 The following expressions in these Conditions shall mean respectively:-
“we”, “our”, “us” Louella Pigeon World of Hall Farm, Charley, nr Loughborough, Leicester, LE12 9XL
“you”, “your” you, the customer, with whom we contract
“Birds” racing pigeons (racers or breeders) of various breeds, types, and/or pedigrees supplied by us to you.
2. CONTRACT TERMS
2.1 The following terms are our standard terms and conditions of sale. We contract for the sale and supply of Birds only on these terms. All other terms including conditions, warranties and representations written or oral, express or implied are hereby excluded, to the extent permitted by law. Your statutory rights are not affected.
3.1 All orders for Birds shall be made in writing on our standard order form (available on request) or an order form included with any of our printed advertisements.
3.2 A binding contract shall come into force for the supply of Birds by us to you when we accept your order in writing or by the despatch of the order.
3.3 Save as expressly provided in these conditions, or as permitted by law, contracts, once binding, cannot be varied or cancelled except with the written consent of both parties and then only if you reimburse us for any loss caused directly or indirectly by the variation or cancellation.
3.4 Any typographical, clerical or other error or omission in any sales literature, advertisement, quotation, price list, acceptance of order, invoice or other document or information issued by us shall be subject to correction without any liability on our part.
3.5 Birds ordered are subject to availability of the relevant breed type or pedigree.
3.6 Unless we expressly agree otherwise in writing, we offer Birds for sale in consignments containing a specific number of Birds (that could be singles, pairs, fives or multiples of five, sixes or multiples of six, the number being dependent upon our advertising at the time). We reserve the right to reject any orders for incomplete consignments.
3.7 You are responsible for providing us at the time of your order with full particulars of your requirements for the Birds.
4. PRICES AND PAYMENT
4.1 Save where the Birds are sold at auction the price of the Birds shall be our standard price for the relevant breed, type, variety and/or pedigree of Birds ordered valid at the date of receipt of the order by us. Our standard prices vary from time to time. We shall only be entitled to increase the price of the Birds to reflect any variation to the contract which is agreed with you in accordance with these conditions. Where the Birds are sold at auction, the price of the Birds purchased at the auction will be the price at which the auctioneer’s hammer falls on or above the advertised minimum bid.
4.2 All prices include all applicable taxes but exclude the cost of packaging and delivery unless stated otherwise in our advertising. In addition to the price, you shall pay to us the cost of packaging and delivery of the Birds at our standard rates (as amended from time to time; current rates available on request) valid at the time of delivery of your order.
4.3 You must pay in full in cleared funds with the order or otherwise before despatch of the Birds by us the price of the Birds and the cost of packaging and delivery. We shall be under no liability to you to supply the Birds unless and until such payment is received by us in full.
5.1 Delivery of the Birds shall be made by us despatching the Birds by overnight courier to the address stipulated by you in your order, or such address as you may subsequently notify to us prior to despatch of the Birds. No deliveries are made at weekends.
5.2 Any times stated for delivery are estimates only and time for delivery shall not be of the essence of the contract save where we so agree in writing. If we are for any reason whatsoever not ready to make delivery within the estimated time, we shall not be liable for any loss or damage whatsoever sustained by you. We reserve the right to deliver the Birds in advance of the estimated date of delivery.
5.3 You are responsible for supplying us with full particulars to enable the Company to effect delivery of the Birds. Such particulars must be supplied where possible with the order, but in any case within such time as is reasonably necessary to enable us to deliver the Birds in accordance with the contract.
5.4 Where the Birds are to be delivered by instalments, each delivery shall constitute a separate contract and failure by us to deliver any one or more of the instalments in accordance with these conditions or any claim by you in respect of any one or more instalments shall not entitle you to treat the contract as a whole as repudiated.
5.5 If you fail to take delivery of the Birds or fail to give us adequate delivery instructions by the estimated time of delivery, we may (without prejudice to any of our other rights or remedies ):-
5.5.1 store the Birds until actual delivery and charge you for the reasonable costs (including insurance) of storage and delivery; or
5.5.2 sell the Birds at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the contract or charge you for any shortfall below the price under the contract.
5.6 With each delivery of Birds we will supply either a certificate of origin or a Pedigree form (dependent upon the particular Birds we have agreed to supply to you). Any such certificate or form is provided by us in good faith, but no duplicate or additional information will be supplied.
6. PROPERTY AND RISK IN BIRDS
6.1 Risk and property in the Birds shall pass to you immediately on delivery to you or into custody on your behalf, whichever is the sooner.
7. LIMIT ON OUR LIABILITY – INJURED OR DEFECTIVE BIRDS
7.1 Subject to clause 7.3 we will be liable for any Birds that:
7.1.1 sustain an injury during transit; or
7.1.2 are defective prior to delivery, whether or not such defect manifests itself prior to delivery.
7.2 We insist that you check all Birds (as they are livestock) thoroughly immediately upon delivery.
7.3 We will only be liable under clause 7.1 if you notify us of any injury or defect to any Bird as soon as possible after becoming aware of the same, and in any case within four days of becoming aware of the same.
7.4 If we are liable under clause 7.1 above, we will refund to you the price of the relevant consignment of Birds provided that you return to us all of the Birds contained in the relevant consignment. Where one or more Birds within the relevant consignment have died, you must return to us the identification ring in place of the Bird(s) together with the remainder of the relevant consignment.
7.5 The return of Birds under clause 7.4 above shall be at our cost and we shall arrange the collection of the Birds within a reasonable time after your notification under clause 7.3 above. You agree to co-operate with us in agreeing a mutually convenient time and place for collection of the relevant Birds.
7.6 Our liability under clause 7.1 above is limited to the refund or replacement provided under clause 7.4 above. We will have no further liability to you for any consequential or indirect loss or for any loss of profits sustained by you as a result of the supply of any injured or defective Birds.
7.7 We shall have no liability to you for any injuries sustained by, or disease contracted by any Bird after delivery.
7.8 You agree and acknowledge that the welfare, health, safekeeping and nurturing of Birds following delivery is your responsibility and that you must take all appropriate steps to follow good practice in the keeping of the Birds.
8. LIMIT ON OUR LIABILITY – GENERAL
8.1 All Birds that are racers are supplied fit for the purpose of racing, but no guarantee is given regarding the ability or success of the Birds in settling, training or in races in which they compete.
8.2 At the time of delivery, all Birds that are sold as breeders are supplied fit for the purpose of breeding, but no guarantee is given regarding this ability or the success of the Bird’s progeny in races in which they compete.
8.3 You acknowledge that some or all of the Birds may go missing during flight due to a number of possible causes and that this is a known and accepted risk of racing pigeons. We shall have no liability to you for any Birds that go missing during flight unless we are in breach of any provision of the contract between us and you, and such breach is the cause of the Bird going missing.
8.4 All Birds that are racers are supplied for the purposes of racing and not breeding. Accordingly, we give no guarantee that the Birds supplied are fertile or are suitable for breeding and no tests are carried out on the Birds in this regard.
8.5 We endeavour to supply the quantity of male and female birds required by you and stipulated in your order. No guarantee of sex is given for any Bird under 12 months old, or any Bird not previously bred from by us. If we fail to meet your requirements with regard to the sex of any Birds and provided that you notify us within 14 days of delivery, we will arrange to collect such Birds from you and will refund the cost of the order in question.
8.6 We will not accept any liability for any indirect, special or consequential losses or any loss of profits suffered by you under or in connection with any contract for the supply of Birds.
8.7 No provision in these conditions:
8.7.1 limits or is intended to limit our liability for death or personal injury caused by our negligence; or
8.7.2 affects or is intended to affect your statutory rights, which remain in full force and effect.
9. FORCE MAJEURE
9.1 We shall not be deemed to be in breach of this agreement or liable for any delay or non-performance or for the consequences of any delay or non-performance which is due to any cause beyond our reasonable control.
10. DATA PROTECTION AND GDPR
10.1 You hereby give us your consent to process any personal data (within the meaning of the Data Protection Act 1998) supplied by you to us in your order or otherwise in connection with the contract for the purposes of performing our obligations under the contract.
10.2 You hereby give us consent to share your details (Address and phone number) with the relevant courier and Royal Pigeon Racing Association.
11.1 Each of the provisions of these conditions is severable from the others. Any provision which is illegal, invalid or unenforceable shall be several from the others without affecting or impairing the remainder of the conditions or any contract between us.
11.2 Any waiver, forbearance or failure by us in insisting in any one or more incidences upon the performance of these conditions shall not be construed as a waiver or relinquishment of our right to the future performance of such condition and your obligations in respect of such future performance shall continue in full force and effect.
11.3 These conditions and any contract hereunder shall be governed by and construed under English law and we and you submit to the exclusive jurisdiction of the English Courts in respect of any dispute claim or matter arising under such a contract or in regard to these conditions.
11.4 Any notice or document required or permitted to be given to or served on one party under any contract by the other party shall be in writing and shall be given or served by delivering by hand or despatching by first class post the same to the party’s last known address. Provided that where necessary the despatch of such notice or document has been properly pre-paid a notice or document so given or served shall conclusively be deemed to have been received immediately (in the case of delivery by hand) or on the second business day after posting (in the case of despatch by first class post).