Terms Of Trade
TERMS OF TRADE
These are the Terms of Trade under which the Owner agrees to have Kilgravin Lodge train the Owner’s horse or horses and the Owner agrees to be bound by these terms and conditions.
(a) “Agreement” means the Agreement for Training Services
(b) “Kilgravin” means Kilgravin Lodge, Matamata, New Zealand
(c) “Horse” means the horse or horses being trained by Kilgravin at any time.
(d) “Owner” means all persons named as owners on the registration papers of the Horse with all other persons having or claiming to have an interest in the Horse.
(e) “Services” means the services provided by Kilgravin for the Owner as described in clauses 1 to 3 below.
1. Kilgravin will do all things reasonably necessary to maintain, care for and train the Horse on behalf of the Owner subject to these terms and conditions including providing veterinary, floating, farrier and agistment services.
2. The Owner irrevocably authorises Kilgravin, in its sole and absolute discretion, to do all things it considers reasonably necessary or expedient to maintain, care for, train and attend to the needs of the Horse. This authority extends not only to day-to-day matters but also to emergencies involving the Horse.
3. The Owner acknowledges that when the Horse arrives at Kilgravin the Owner shall enter in to an agreement that specifically identifies the services that Kilgravin will provide while the Horse remains in the possession and care of Kilgravin.
Charges and Payment
4. The Owner will pay Kilgravin free from deduction all fees as set by them which may include fees for veterinary services.
5. Accounts for Kilgravin’s fees and other expenses will be rendered to the Owner monthly or at such other times as Kilgravin determines and must be paid by the Owner by the end of the month following the month the account is rendered as disclosed on that account.
6. All accounts will have GST added.
7. The Owner will provide Kilgravin with a signed authority to debit amounts owing under this Agreement directly against a nominated bank account or credit card facility held by the Owner.
8. Should the Owner default with any payment interest may be charged by Kilgravin on the amount outstanding at the rate of 24% from the date of default until payment in full.
9. Should the Owner default under the terms of this Agreement Kilgravin may retain possession of the Horse and the registration or identification papers for the Horse until such default has been remedied. Under no circumstances will a Horse or its identification or registration papers be released until all moneys owing to Kilgravin have been paid and all defaults by the Owner remedied.
10. During the period of default referred to in clause 9:
(a) Kilgravin will continue to maintain and care for the Horse although it may elect to cease providing any services;
(b) Kilgravin may refuse to enter the Horse for any race or sale;
(c) While the Horse remains in the care of Kilgravin the Owner will nevertheless continue paying Kilgravin all fees and expenses
11. If the Owner is in default for more than 90 days and fails to remedy that default within seven days of a notice in writing informing the Owner of the intention to sell the Horse, Kilgravin may sell the Horse or Horses by auction or private sale on such terms as are reasonable and apply the proceeds to the amount outstanding. Should the price obtained for the Horse or Horses be less than the amount outstanding the Owner will pay Kilgravin the difference immediately upon receipt of a demand in writing. If the price obtained is greater than the amount outstanding Kilgravin will account to the Owner for any surplus after deducting any amounts that may be owed by the Owner to Kilgravin under this Agreement. The Owner hereby irrevocably appoints Eion Kemp the director of Kilgravin its attorney with power to execute all documents necessary to effect such a sale. Where a horse is in the possession of some other party, the owner authorises Kilgravin to remove the horse from those premises for the purposes of enforcement under this clause.
12. The Owner will pay to Kilgravin on demand all costs and expenses incurred by Kilgravin (including legal costs) in attempting to recover any amount owing or to have any default remedied under this Agreement.
13. The Owner shall adequately insure all Horses that are in the care of Kilgravin.
14. The Owner may not withhold payment of any moneys owing to Kilgravin because of any dispute or claim.
15. Under no circumstances will the Owner have any claim for loss or otherwise against Kilgravin as a consequence of Kilgravin exercising any of its rights in this Agreement.
Representations and Warranties
16. The Owner acknowledges that the only warranties or representations upon which the Owner has relied in entering into this Agreement are those contained in this agreement.
17. To the extent permitted by law, all conditions and warranties (whether as to quality, fitness or otherwise) expressed or implied by statute, common law, equity, trade, custom, the racing industry or otherwise are expressly excluded.
18. The liability of Kilgravin for breach of any warranty or express or implied condition of the Agreement, to the extent permitted by law, will be limited, at the option of Kilgravin to supplying the services set out in the accounts rendered less any interest charged by Kilgarvin.
Exclusion from Liability
19. The Owner acknowledges that owning and racing horses is a risky activity that may result in injury to the Horse and therefore agrees that under no circumstances will Kilgravin be liable for injury, loss or damage arising in any way from the provision of the Services by Kilgravin or that of its employees, agents or otherwise and in particular Kilgravin will not be liable for any indirect or consequential loss.
20. Kilgravin shall not be liable for the death of any Horse that may occur while a Horse is undergoing any course of treatment recommended by a qualified veterinarian.
21. Any failure by Kilgravin to insist upon observance by the Owner of any term of this Agreement will not be deemed a waiver of any subsequent breach.
22. If any of the terms of this Agreement are held to be invalid, void, unenforceable or illegal for any reason, this Agreement will otherwise remain in full force and effect apart from such provision, which shall be deleted or modified to overcome that objection.
23. Variations of the Agreement will be effective only if agreed to by Kilgravin in writing.
24. The Agreement will be governed by and construed in accordance with the laws of New Zealand.Read about our services or contact us if you have an enquiry