Terms and Conditions
Mapperley Stud Limited
Terms and Conditions
The following are the current contractual Terms of breeding, sales preparation, spelling and agisting at Mapperley Stud.
Amount Due: means the total amount payable by an Owner to Mapperley Stud for fees charges, costs and expenses in respect of services including GST and interest payable pursuant to the Terms.
Owner: Means each Registered Owner, part Owner, Lessee, Manager of a Syndicate, Syndicate member and/or Trainer of a horse, for which any Services have been provided and in respect of a horse at Mapperley Stud for spelling, agistment, or conditioning.
Services means any service of, or in respect of breeding, spelling, agistment, or sale preparation, without limitation, farrier, veterinary work, chiropractic, horse dentist, other therapies provided by Mapperley Stud or by an independent contractor engaged by Mapperley Stud.
Where there is more than one Owner, all Owners are jointly and severally liable to Mapperley Stud.
1. Mapperley Stud operates horse thoroughbred services in Matamata
2. The Owner/s (or his/their Agent if applicable) hereby agree to pay all charges (including GST) in relation to fees including, sale preparation spelling & agistment fees, all treatments, examinations, procedures, operations and medicines administered whether by the designated veterinarian, employee of Mapperley Stud or others and other costs incurred by Mapperley Stud during the horse(s) stay at Mapperley Stud.
3. The Owner shall be responsible for all third party transport cost of the horse to and from Mapperley Stud.
4. The Owner authorizes Mapperley Stud and any treatment provider appointed by Mapperley Stud including but not limited to veterinarians and including the servants, authorized agents and contractors appointed or retained by Mapperley Stud, to administer such treatments, examinations, procedures and operations as they in their absolute discretion prescribe.
5 Mapperley Stud is not liable for any injury to, or sickness, disease or death of, a horse, whatever the cause, nor for any loss, damage or claim of any kind arising, directly or indirectly, or from whatever cause including without limitation, the negligence of Mapperley Stud or any of it’s agents, contractors, employees or invitees and each horse is at all times at the risk of the Owner.
6. The Owner shall be solely responsible for all insurance arrangements of their horse(s) and acknowledges that their horse(s) is at Mapperley Stud at their own risk at all times and must inform Mapperley Stud of all insurance in respect of a horse.
7. The Owner warrants that the sending of the horse to Mapperley Stud and the provision of procuring of Services for the horse is authorized by all persons whose authority or consent is, or might be, required for that purpose and (a) that the horse is sound, well-handled and not dangerous or diseased. (b) the horse is registered with NZTR (c) the correct horse is delivered to Mapperley Stud (d) the History of the horse as disclosed to Mapperley Stud is true and correct
8. The Owner agrees to indemnify and keep indemnified Mapperley Stud for any loss or damage suffered by Mapperley Stud arising from a breach of any of the above warranties.
9. The Owner agrees to pay all fees and charges within 20 days of the invoice date. Interest at 2% per month will be applied to all overdue accounts to be enforced from 1st October 2018. The Owner will also pay any collection costs incurred by Mapperley Stud, including but limited to Debt collectors, lawyers, barristers and court costs
10. Lien and Power of Sale for Non-Payment. Mapperley Stud is entitled to possession of, and a lien, over the horse and all documents in relation to the horse for the Amount due and Mapperley Stud has the power to sell the horse to recover the Amount Due (which in this clause includes all costs and expenses in relation to the sale) and for the purpose of exercising the power of sale the Owner irrevocably appoints Mapperley Stud as the Owner’s attorney with the power to sell the horse and to execute all documents necessary or desirable for that purpose. These Terms and a statement by Mapperley Stud of the Amount Due may be relied upon by any third party as conclusive evidence of the Amount Due and of the authority of Mapperley Stud to sell the horse and to give the buyer good title to the horse. The proceeds of sale are to be applied in payment to the Amount Due and any surplus is payable to the Owner, if more than one, to the Owner to whom the last invoice for the amount due was sent, on behalf of the Owners