Terms & Conditions

Introduction

These Terms & Conditions (“Terms”) explain how My Dog Wash Limited trading as “The Dog Wash Company” (“we”, “us”, “our”) supplies, sells, leases or installs our Equipment and services. By placing an order, signing an agreement, accepting an invoice or asking us to proceed, you are agreeing to these Terms.

If there is a separate written agreement between us (for example, a JV or finance agreement), that document will take priority if anything conflicts. These Terms are generally intended for business customers. If you are a consumer, your legal rights are not affected.

1. Definitions

In these Terms:

  • “Company”, “we”, “us”, “our” means My Dog Wash Limited trading as “The Dog Wash Company”.
  • “Customer”, “you”, “your” means the person, firm or company purchasing, leasing or hosting the Equipment.
  • “Equipment” means any self-service dog wash machine, associated hardware, software and accessories supplied by us.
  • “Consumables” means items that are used up or subject to regular wear, including (without limitation) shampoo, conditioner, disinfectant, tubes, filters, dryer hoses, hose heads, seals, graphics/wraps and similar items.
  • “Wear and Tear Parts” means parts which naturally degrade through normal use, including but not limited to tubes, hoses, hose heads, seals, O-rings, dryer hoses, air regulators, valves, filters, nozzles, graphics/wraps, door mechanisms, locks and hinges.
  • “Contract” means any contract between you and us for the sale, supply or joint venture deployment of Equipment, incorporating these Terms.
  • “JV” or “Joint Venture” means an arrangement where we supply the Equipment to your site and the revenue from end users is shared between us and you.
  • “Agreement” means any invoice, JV/revenue share agreement or other written document relating to the Equipment, issued by us and accepted by you (including by signature, payment or clear written instruction to proceed).
  • “Finance / Lease Agreement” means any lease, hire purchase or other finance agreement you enter into with a third-party finance or leasing company in relation to the Equipment.
  • These Terms apply to all arrangements where you buy or host Equipment (including where you finance/lease through a third party), unless we agree something different in writing.

These Terms apply to all arrangements where you buy or host Equipment (including where you finance/lease through a third party), unless we agree something different in writing.

2. Basis of contract

2.1 These Terms apply to all sales and JV arrangements, and to our supply of Equipment which you may finance/lease through a third-party finance provider. Any other terms you seek to impose or incorporate are excluded unless agreed by us in writing.

2.2 A Contract is formed when:

  • you sign a JV/revenue share agreement issued by us; and/or
  • you accept our invoice in writing; and/or
  • you make payment of a deposit or invoice clearly linked to our quotation; or
  • you otherwise clearly instruct us in writing to proceed.

2.3 If there is any conflict between these Terms and the Agreement (for example, a signed JV agreement), the Agreement will take priority.

2.4 Unless we expressly agree otherwise, we contract on a business-to-business basis. If you are a consumer, your statutory rights are not affected and some clauses may not apply in the same way.

3. Products and services covered

3.1 These Terms cover:

  1. a) Outright purchase of Equipment (you own it once fully paid).
  2. b) Supply of Equipment financed/leased via third-party finance companies (you contract separately with the finance provider for payments and ownership; we supply and support the Equipment under these Terms).
  3. c) Joint venture / revenue share arrangements (we own the Equipment or as otherwise agreed; end-user revenue is shared between us and you).

Details for your specific arrangement (price, term, revenue split, etc.) will be set out in our invoice and/or the relevant JV agreement and, where applicable, your separate Finance / Lease Agreement with the third-party finance provider.

3.2 We do not guarantee any minimum level of revenue, usage or profit from the Equipment under any model (purchase, finance/lease via third parties, or JV/revenue share). Any past performance data, projections or examples we provide do not constitute a promise or guarantee of results.

3.3 Where you enter into a Finance / Lease Agreement with a third-party finance provider:

  • that agreement is solely between you and the finance provider;
  • we are not a party to that agreement and are not responsible for its terms or enforcement;
  • your obligations to the finance provider continue irrespective of any issues with the Equipment, subject always to your rights against us under these Terms.
4. Pricing, deposits and payment

4.1 Prices are as stated in our quotation, invoice or written Agreement and are exclusive of VAT and any other applicable taxes unless stated otherwise.

4.2 We may require a deposit before manufacturing, reserving, shipping or scheduling installation. Deposits are non-refundable unless we fail to deliver the Equipment as agreed, or we agree otherwise in writing.

4.3 Payment terms will be stated on our invoice or in any JV agreement. If no terms are stated, payment is due 14 days from the invoice date.

4.4 If you finance/lease the Equipment through a third-party finance provider, your payment obligations to that provider will be governed by your Finance / Lease Agreement with them and are separate from our invoices for any other charges (for example, installation, servicing, consumables).

4.5 If you fail to pay any amount due to us on time, we may:

  • charge interest on the overdue sum at the statutory or agreed rate until paid;
  • suspend further deliveries, support or revenue share payments; and/or
  • recover our reasonable costs of chasing payment.
5. Delivery, installation and risk

5.1 Any delivery or installation dates we give are estimates only. We will use reasonable efforts to meet them but are not liable for delays outside our control (including, without limitation, shipping, customs, weather, strikes, or supplier issues).

5.2 Unless otherwise agreed, you are responsible for ensuring the site is ready and compliant for installation, including:

  • adequate and compliant water supply, drainage and electricity as per our specification;
  • any required groundworks, concrete pads, shelters/structures (unless we are providing these);
  • relevant planning permissions, licences and consents;
  • suitable access for delivery vehicles and lifting equipment if needed.

5.3 Risk in the Equipment:

  • For outright purchase, risk passes to you on delivery/installation, but we retain ownership until paid for in full (see clause 6).
  • For Equipment financed/leased through third-party finance providers, risk passes to you on delivery/installation, subject to the terms of your Finance / Lease Agreement.
  • For JV arrangements, we retain ownership of the Equipment unless otherwise agreed, but you are responsible for loss or damage to the Equipment while it is on your site and should insure accordingly, unless we have agreed otherwise in writing.

5.4 Where we agree to install, our obligation is to install in a workmanlike manner to the agreed specification, subject to your site and services being ready and suitable.

6. Ownership and retention of title (sales)

6.1 For outright sales, ownership of the Equipment only passes to you when we have received full payment of all sums due in respect of that Equipment.

6.2 Until ownership passes:

  • you must store the Equipment safely and keep it in good condition;
  • you must not sell, pledge or otherwise deal with the Equipment other than in the normal use agreed in the Contract;
  • we may, on reasonable notice, enter your premises to recover the Equipment if you do not pay as agreed.

6.3 Where you finance/lease the Equipment through a third-party finance provider, legal ownership as between you and that provider will be determined by your Finance / Lease Agreement with them. However, unless we have expressly confirmed in writing that title to the Equipment has passed to you or to the finance provider, we retain ownership of the Equipment. At the end of any finance/lease term, ownership of the Equipment will only pass away from us where this has been expressly agreed in writing.

7. JV arrangements and hosted equipment

7.1 Under JV / revenue share models, unless expressly stated otherwise in writing:

  • the Equipment remains our property at all times;
  • you have a licence to host and use the Equipment at the agreed site(s) only;
  • you must not move, sell, sub-licence or otherwise dispose of the Equipment without our written consent.

7.2 JV / revenue share:

  • The revenue split (for example, 70/30, 60/40) and reconciliation period (for example, monthly) will be set out in the JV agreement or associated documentation.
  • Unless agreed otherwise, any merchant services/card processing costs are deducted from gross revenue before the split.
  • As noted in clause 3.2, we do not guarantee any minimum revenue, usage or profit from JV arrangements.

7.3 Under all JV/hosted models you agree to:

  • provide safe, continuous access for our engineers during reasonable hours;
  • keep the area around the Equipment clean, safe and free of obstructions;
  • promptly notify us of any faults or damage;
  • not permit unqualified third parties to repair or modify the Equipment without our consent.
8. Use, maintenance and customer responsibilities

8.1 You must:

  • use the Equipment only for its intended purpose and in line with our manuals/instructions;
  • carry out daily and weekly checks and cleaning as we specify;
  • take sensible steps to protect the Equipment from vandalism, misuse, extreme heat/cold and weather (for example, shelters, ventilation, frost protection, etc., where appropriate for your site).

8.2 We are not liable for faults or damage arising from:

  • incorrect installation where we did not perform or supervise installation;
  • failure to follow our written or verbal instructions;
  • failure to maintain adequate water, drainage or power;
  • abuse, vandalism, user misuse or foreign objects in the system;
  • extreme environmental conditions beyond our specification (for example, sustained high internal temperatures in enclosures, flooding, or freezing).

8.3 You are responsible for ensuring that adequate notices are displayed informing end-users that use of the Equipment is at their own risk, that you accept no liability for injury to persons or animals arising from use of the Equipment, and that users are responsible for the supervision and behaviour of their animals at all times. You agree to indemnify us against any claim brought by an end-user arising from your failure to display such notices or from your negligence in maintaining the Equipment or its surroundings.

9. Warranty

9.1 We provide a 12-month warranty on the Equipment for parts and labour, starting from the earlier of:

  • the date of installation at the site, or
  • 30 days after delivery.

9.2 During this 12-month period, we will, at our option, repair or replace any part of the Equipment that proves to be defective in materials or workmanship under normal use and maintenance.

9.3 The warranty does not cover:

  1. a) Consumables (as defined above).
  2. b) Wear and Tear Parts (as defined above).
  3. c) Cosmetic issues (scratches, fading, graphics peeling) resulting from normal use, weather or cleaning.
  4. d) Damage caused by vandalism, misuse, negligence or accidents.
  5. e) Failures resulting from non-compliant water, drainage or electrical supply.
  6. f) Faults caused or worsened by unauthorised repairs, modifications or third-party interference.
  7. g) Remote payment systems, card readers or third-party connectivity services (which are subject to their own terms and support).

9.4 The warranty is conditional on:

  • you following our instructions on installation, use and maintenance;
  • you notifying us promptly in writing of a suspected defect and providing reasonable evidence (photos, videos, fault description);
  • our personnel or authorised partners being permitted to inspect and, where necessary, remove parts for testing and repair.

9.5 Where a visit is required, we will use reasonable efforts to attend within a commercially sensible timeframe. We cannot guarantee specific response times unless agreed in a separate service level agreement.

9.6 Beyond the 12-month warranty period, repairs and parts will be chargeable unless otherwise agreed.

10. Software and connectivity

10.1 Any software we supply, including on-machine software and any web or mobile applications, is licensed to you on a non-exclusive, non-transferable basis for use with the Equipment only.

10.2 You must not copy, reverse engineer, or attempt to bypass any security or usage controls.

10.3 We may update software from time to time to improve performance, security or functionality. We will use reasonable efforts to ensure updates do not materially degrade the service.

10.4 We are not responsible for downtime or issues caused by:

  • local internet connectivity problems at your site;
  • network outages, power failures or third-party service disruptions;
  • changes you or a third party make to your network or systems without consulting us.
11. Limitation of liability

11.1 Nothing in these Terms limits or excludes our liability for:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation;
  • any other liability that cannot be limited or excluded by law.

11.2 Subject to clause 11.1:

  1. a) We are not liable for any loss of profit, loss of revenue, loss of business, loss of goodwill, loss of anticipated savings, or any indirect or consequential loss, whether arising in contract, tort (including negligence) or otherwise.
  2. b) Our total liability arising out of or in connection with any Contract (whether in contract, tort, negligence or otherwise) shall not exceed, in aggregate:
  • for outright sales: the price paid by you for the Equipment under that Contract;
  • for JV/hosted arrangements: the total fees paid by you to us (or revenue share paid by us to you) in the 12 months immediately preceding the claim.

11.3 You are responsible for ensuring you have appropriate insurance for loss of revenue or business interruption. We do not guarantee any minimum usage, revenue or profit from the Equipment under any model.

12. Indemnity (B2B)

12.1 You agree to indemnify us against all claims, costs, damages and expenses arising from:

  • your use of the Equipment in a way that is unlawful, negligent or contrary to our instructions;
  • any statements or representations you make to your own customers about the Equipment that we have not authorised;
  • your failure to obtain necessary licences, consents or permissions to host and operate the Equipment.
13. Force majeure

13.1 We are not liable for any delay or failure to perform our obligations where this is caused by events outside our reasonable control, including but not limited to: acts of God, flood, fire, pandemic, war, terrorism, strikes, industrial disputes, shipping delays, customs issues, or power/network failures.

14. Data and privacy

14.1 To the extent we collect or process personal data in providing the Equipment or services, we will do so in accordance with applicable data protection laws and our Privacy Policy (as published on our website from time to time).

14.2 Each party is responsible for complying with data protection law in respect of the personal data it controls.

15. Marketing and branding

15.1 Unless you tell us otherwise in writing, we may use your name, logo and site photographs in our marketing materials, website and case studies to illustrate live installations.

15.2 Any co-branded marketing or joint promotions will be agreed separately.

16. Termination

16.1 On termination of a JV/hosted arrangement:

  • you must cease using the Equipment and allow us access to remove it;
  • any unpaid sums (fees, revenue shares, etc.) become due immediately;
  • removal of the Equipment will be coordinated in good faith and at a time that causes minimal disruption.
17. Changes to these Terms

17.1 We may update these Terms from time to time. The version that applies to a particular Contract will be the one in force at the time the Contract was formed, unless we agree otherwise in writing.

18. Assignment

18.1 You may not assign, transfer or subcontract your rights or obligations under any Contract without our prior written consent.

18.2 We may assign or transfer our rights and obligations to another company within our group or to a purchaser of our business, provided this does not materially affect your rights under the Contract.

19. Governing law and jurisdiction

19.1 These Terms and any Contract between us are governed by the laws of England and Wales.

19.2 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms or any Contract.