Terms & Conditions
All treatment conducted by Illawarra Equine Centre is subject to the following Terms & Conditions which bind every Owner jointly and severally:-
In these Credit Terms & Conditions;
"Act" means Personal Properties Securities Act 2009 as amended and in force from time to time.
"Animal" means the animal which the Services are performed on and which is owned by The Client.
"Claims" means all claims, investigations, demands, actions, proceedings, suits, causes of action, damages, debts, costs, verdicts and judgments whatsoever; whether at law or in equity or under any statute including but not limited to all claims arising from or out of damage to the horse or progeny or as a consequence thereof which relate to any incident or matter which occurred as a result of the horse or progeny being exposed to Equine Influenza or any other disease, injury or death whilst on The Practice or as a result of movement of the horse from The Practice the purpose of service of the horse, foaling or treatment, and whether at common law, in equity or arising out of the provisions of any statute.
"Goods" means any pharmaceutical or veterinary product used to treat an equine.
"Service/s" means any form of veterinary services including treatment, surgery, diagnostic aid, laboratory test, advice, or any other veterinary involvement in the treatment of an equine.
"The Client" means the person, company or entity that were provided with veterinary services and/or goods
"The Practice" means the Partnership trading as Illawarra Equine Centre (IEC).
2. Appointment of Agent
The Client acknowledges that they have appointed a thoroughbred racehorse trainer registered with Racing New South Wales as their agent. The Client further acknowledges that any thoroughbred racehorse trainer who trains any of the owner’s horses has the power and authority to obtain all veterinary treatment for that horse or horses on the Clients behalf and that the Client will be responsible prompt payment of all accounts rendered by The Practice to the Client in respect that veterinary treatment.
3. Provision of Credit
In the event that The Client does not complete a formal application for credit, or payment at the time of service provision is not effected, The Practice provides credit on these terms and conditions only.
4. Monthly Invoice/Statements
The Practice will provide a detailed invoice/statement for the provision of service/s and the supply of goods as near as possible to month end or in some cases at the time of discharge.
All services are charged inclusive of GST.
6. Payment Terms
Standard trading terms are strictly 20 days net from the end of month invoice/statement date.
7. Late Payment Sanctions
i) The Practice is entitled to charge a late payment fee of $15.00 and 1.5% interest on any clients account where there is an overdue portion.
ii) If a client's account is not settled in full, The Practice has the right to send the account out for collection and or take legal action to recover all outstanding amounts. All costs including debt collection, commissions, solicitor fees, court fees and any out of pocket expenses will be the liability of the client. Credit will be no longer be available.
iii) Any account that is sent for external collection will attract a surcharge of 12.5%.
8. Hold Blameless Acknowledgement - Release and Indemnity
The Client acknowledges that the provision of veterinary service/s to the equine comes with a significant degree of risk and that the Client is advised to insure against such losses.
The Client acknowledges and agrees that The Practice and it's facilities meet the industry standards and that The Practice will be held blameless in respect to any injury, infection, disease or death of any horse in its care.
The Client releases The Practice, its owners, partners, employees and agents of it from any claims and agrees to indemnify and keep indemnified The Practice against any liability or loss arising from, and any costs, charges, expenses and liabilities incurred in relation to any Claims relating to the horse or progeny and in each case, including but not limited to, Solicitor client, legal costs and expenses on a full indemnity basis.
Further The Practice shall not be liable for any loss, damage or claims of whatsoever nature or howsoever arising from injury, sickness, disease or death caused to or sustained by the horse or progeny whilst under the care or control of The Practice or its employees and agents.
The Practice shall not be liable to the owner (in the case of more than one, to any of them) for any claims, loss, damage, costs or expense and arising out of any injury, damage or death which may arise or be caused and notwithstanding the same as attributable to or is in part attributable to recklessness, negligence, forbearance or neglect by The Practice or any servant or agent of The Practice or any other person in whose care or control The Practice may place the horse or progeny.
9. Lien & Power of Attorney
The owner grants The Practice a security interest in the horse, it’s progeny and all insurance policies relating to the horse and it’s progeny. The owner appoints The Practice as its attorney – to execute and file any and all financing statements and agricultural liens and irrevocable authorities to pay in any jurisdiction The Practice or to any entity believed to be appropriate to secure any obligation of the owner. In the event that the charges are not paid in a timely fashion, The Practice may, without notice to the owner, take possession of the horse and progeny and either retain the horse or progeny in lieu of the obligation, or re-sell the horse or progeny privately or publicly in a manner (at its sole discretion) it believes to be advisable, in which event The Practice shall credit the proceeds of the sale, after expenses of sale and maintaining the horse or progeny, to the Owner. This right is in addition to all other rights to which the owner is entitled under law.
Without limiting The Practice’s rights in respect of a lien or power of attorney, The Practice shall be entitled to retain possession of the horse progeny until all monies, collection costs and Solicitor client costs (including interest) due and owing have been received from the Owner.
The Law of New South Wales governs this agreement and the parties submit to the jurisdiction of the clause of that state.
12. Ownership, Syndicates, Client Address & Contact Details
Accounts raised for the provision of services that are split between syndicate members or multiple owners will attract of fee of $6.00 for each separate account raised.
It is the responsibility of the client to inform The Practice of any changes to horse ownership, syndicate or any changes to their address, postal address or contact details. Any changes to ownership, syndicate details that are not notified to The Practice in the month following the provision of service/s or the supply of goods that results in The Practice re-invoicing those service/s or goods will result in a service fee of $12.00 being added to their account.
The Client hereby grants IEC a security interest pursuant to the Act in the Animal as security for any monetary obligations and further acknowledges that IEC may at its discretion register a financing statement with the Personal Property Securities Register in relation to this security interest.