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Client and Horse information form

(1 form per horse)


May 26, 2024

Jeir Park Pty Ltd T/A Jeir Park – terms and conditions of trade

1. Definitions

1.1 “Jeir Park” shall mean Jeir Park Pty Ltd T/A Jeir Park its successors and assigns or any person acting on behalf of and with the authority of Jeir Park Pty Ltd T/A Jeir Park.

1.2 “Client” shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorisation or other form as provided by Jeir Park to the Client.

1.3 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Client on a principal debtor basis.

1.4 “Agistment” shall mean the taking in, caring for, training, transport, rehabilitation and feeding of horses.

1.5 “Charges” shall mean all charges payable for Agistment and any other remuneration due to Jeir Park for their ensuring the well being of horses under Jeir Park’s care (including, but not limited to, veterinary costs, medications, the farrier, drenching etc) as agreed between Jeir Park and the Client.

2. Acceptance

2.1 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Charges.

2.2 Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of Jeir Park.

2.3 The Client shall give Jeir Park not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice). The Client shall be liable for any loss incurred by Jeir Park as a result of the Client’s failure to comply with this clause.

3. Charges And Payment

3.1 At Jeir Park’s sole discretion the Charges shall be either:

(a) as indicated on invoices provided by Jeir Park to the Client in respect of the provision of Agistment and the care of the Client’s horse(s); or

(b) Jeir Park’s quoted Charges (subject to clause 3.2 which shall be binding upon Jeir Park provided that the Client shall accept Jeir Park’s quotation in writing within thirty (30) days.

3.2 Jeir Park reserves the right to amend the Charges in the event of changes to what was agreed in the quotation.

3.3 At Jeir Park’s sole discretion a non-refundable deposit may be required.

3.4 At Jeir Park’s sole discretion payment for approved Clients shall be due seven (7) days following the end of the month in which a statement is posted to the Client’s address or address for notices.

3.5 Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.

3.6 Payment will be made by cash, or by cheque, or by bank cheque, or by credit card ( and may include a surcharge of up to two and a half percent (2.5%) of the Price), or by direct credit, or by any other method as agreed to between the Client and Jeir Park.

3.7 GST and other taxes and duties that may be applicable shall be added to the Charges except when they are expressly included in the Charges.

4. Duty Of Care

4.1 The Client authorises Jeir Park to take all steps necessary to ensure the well being of the horses placed with Jeir Park for Agistment and care and agrees to be liable for all charges thereby incurred.

4.2 The Client acknowledges that Jeir Park is the expert and that the provision of care shall be at Jeir Park’s sole discretion however the Client shall immediately advise Jeir Park if they believe that Jeir Park is failing in their Duty of Care in any way whatsoever in order that Jeir Park shall be given the opportunity to rectify that duty and/or to explain any actions they have taken.

5. Title

5.1 Client agrees that they shall be liable for all charges incurred until:

(a) the Client has paid Jeir Park all for charges due; and

(b) the Client has met all other obligations due by the Client to Jeir Park in respect of all contracts between Jeir Park and the Client.

5.2 Receipt by Jeir Park of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then all Jeir Park’s rights in respect of payment shall continue.

6. Unpaid Jeir Park’s Rights

6.1 Where the Client has left any horse(s) with Jeir Park for Agistment and the care of the horse(s) and Jeir Park has not received or been tendered the whole of the Charges, or the payment has been dishonoured, Jeir Park shall have:

(a) a lien on the horse(s);

(b) the right to retain the horse(s) as security for the Charges due while Jeir Park is in possession of the horse(s);

(c) a right to sell the horse(s);

(d) the right to retain all or part of the proceeds of the sale of the horse(s) in payment of the Charges and any interest due to Jeir Park and any costs associated with such sale.

6.2 The lien of Jeir Park shall continue despite the commencement of proceedings, or judgment for the Charges having been obtained.

7. Personal Property Securities Act 2009 (“PPSA”)

7.1 In this clause:

(a) financing statement has the meaning given to it by the PPSA;

(b) financing change statement has the meaning given to it by the PPSA;

(c) security agreement means the security agreement under the PPSA created between the Client and Jeir Park by these terms and conditions; and

(d) security interest has the meaning given to it by the PPSA.

7.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions:

(a) constitute a security agreement for the purposes of the PPSA; and

(b) create a security interest in any horse that has been supplied to Jeir Park for the purposes of agistment.

7.3 The Client undertakes to:

(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Jeir Park may reasonably require to:

(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

(ii) register any other document required to be registered by the PPSA; or

(iii) correct a defect in a statement referred to in clause 7.3(a)(i) or 7.3(a)(ii);

(b) indemnify, and upon demand reimburse, Jeir Park for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any horse charged thereby;

(c) not register a financing change statement in respect of a security interest without the prior written consent of Jeir Park;

(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the horse in favour of a third party without the prior written consent of Jeir Park.

7.4 Jeir Park and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

7.5 The Client hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

7.6 The Client waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

7.7 Unless otherwise agreed to in writing by Jeir Park, the Client waives its right to receive a verification statement in accordance with section 157 of the PPSA.

7.8 The Client shall unconditionally ratify any actions taken by Jeir Park under clauses 7.3 to 7.5.

8. The Commonwealth Competition and Consumer Act 2010 (“CCA”) and Fair Trading Acts (“FTA”)

8.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.

8.2 Where the Client purchases Agistment services as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.

9. Default & Consequences of Default

9.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment.

9.2 In the event that the Client’s payment is dishonoured for any reason the Client shall be liable for any dishonour fees incurred by Jeir Park.

9.3 If the Client defaults in payment of any invoice when due, the Client shall indemnify Jeir Park from and against all costs and disbursements incurred by Jeir Park in pursuing the debt including legal costs on a solicitor and own client basis and Jeir Park’s collection agency costs.

9.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.

9.5 Without prejudice to Jeir Park’s other remedies at law all amounts owing to Jeir Park shall, whether or not due for payment, become immediately payable in the event that:

(a) any money payable to Jeir Park becomes overdue, or in Jeir Park’s opinion the Client will be unable to meet its payments as they fall due; or

(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

10. Security And Charge

10.1 Despite anything to the contrary contained herein or any other rights which Jeir Park may have howsoever:

(a) where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to Jeir Park or Jeir Park’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Client and/or the Guarantor acknowledge and agree that Jeir Park (or Jeir Park’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.

(b) should Jeir Park elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify Jeir Park from and against all Jeir Park’s costs and disbursements including legal costs on a solicitor and own client basis.

(c) the Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint Jeir Park or Jeir Park’s nominee as the Client’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 10.1.

11. Cancellation

11.1 Jeir Park may cancel any contract to which these terms and conditions apply at any time by giving written notice to the Client. On giving such notice Jeir Park shall repay to the Client any sums paid in respect of Charges not yet earned. Jeir Park shall not be liable for any loss or damage whatever arising from such cancellation.

11.2 In the event that the Client wishes to cancel the contract then the Client shall be liable for any loss incurred by Jeir Park (including, but not limited to, any loss of profits) up to the time of cancellation.

12. Privacy Act 1988

12.1 The Client and/or the Guarantor/s (herein referred to as the Client) agree for Jeir Park to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by Jeir Park.

12.2 The Client agrees that Jeir Park may exchange information about the Client with those credit Jeir Parks either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:

(a) to assess an application by the Client; and/or

(b) to notify other credit Jeir Parks of a default by the Client; and/or

(c) to exchange information with other credit Jeir Parks as to the status of this credit account, where the Client is in default with other credit Jeir Parks; and/or

(d) to assess the creditworthiness of the Client.

The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit Jeir Parks are allowed to exchange under the Privacy Act 1988.

12.3 The Client consents to Jeir Park being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).

12.4 The Client agrees that personal credit information provided may be used and retained by Jeir Park for the following purposes (and for other purposes as shall be agreed between the Client and Jeir Park or required by law from time to time):

(a) the provision of Goods; and/or

(b) the marketing of Goods by Jeir Park, its agents or distributors; and/or

(c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods; and/or

(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or

(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Goods.

12.5 Jeir Park may give information about the Client to a credit reporting agency for the following purposes:

(a) to obtain a consumer credit report about the Client;

(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.

12.6 The information given to the credit reporting agency may include:

(a) personal particulars (the Client’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);

(b) details concerning the Client’s application for credit or commercial credit and the amount requested;

(c) advice that Jeir Park is a current credit Jeir Park to the Client;

(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;

(e) that the Client’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;

(f) information that, in the opinion of Jeir Park, the Client has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Client’s credit obligations);

(g) advice that cheques drawn by the Client for one hundred dollars ($100) or more, have been dishonoured more than once;

(h) that credit provided to the Client by Jeir Park has been paid or otherwise discharged.

13. General

13.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

13.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.

13.3 Jeir Park shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Jeir Park of these terms and conditions.

13.4 In the event of any breach of this contract by Jeir Park the remedies of the Client shall be limited to damages which under no circumstances shall exceed the amount Charged to the Client.

13.5 The Client shall not be entitled to set off against or deduct from the Charges any sums owed or claimed to be owed to the Client by Jeir Park.

13.6 Jeir Park may license or sub-contract all or any part of its rights and obligations without the Client’s consent.

13.7 Jeir Park reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Jeir Park notifies the Client of such change. Except where Jeir Park supplies further Agistment to the Client and the Client accepts such Agistment, the Client shall be under no obligation to accept such changes.

13.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

13.9 The failure by Jeir Park to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Jeir Park’s right to subsequently enforce that provision.

I Agree
 May 26, 2024 


First Client (person to be invoiced) Name

First Name*

Middle Name

Last Name*

Phone*
First Client (person to be invoiced) Date of Birth*
First Client (person to be invoiced) Signature*
Second Client (person to be invoiced) Name

First Name*

Middle Name

Last Name*
Second Client (person to be invoiced) Date of Birth*
Third Client (person to be invoiced) Name

First Name*

Middle Name

Last Name*
Third Client (person to be invoiced) Date of Birth*
Fourth Client (person to be invoiced) Name

First Name*

Middle Name

Last Name*
Fourth Client (person to be invoiced) Date of Birth*
Fifth Client (person to be invoiced) Name

First Name*

Middle Name

Last Name*
Fifth Client (person to be invoiced) Date of Birth*
Sixth Client (person to be invoiced) Name

First Name*

Middle Name

Last Name*
Sixth Client (person to be invoiced) Date of Birth*
Seventh Client (person to be invoiced) Name

First Name*

Middle Name

Last Name*
Seventh Client (person to be invoiced) Date of Birth*
Eighth Client (person to be invoiced) Name

First Name*

Middle Name

Last Name*
Eighth Client (person to be invoiced) Date of Birth*
Ninth Client (person to be invoiced) Name

First Name*

Middle Name

Last Name*
Ninth Client (person to be invoiced) Date of Birth*
Tenth Client (person to be invoiced) Name

First Name*

Middle Name

Last Name*
Tenth Client (person to be invoiced) Date of Birth*
Client (person to be invoiced) Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Other persons who will be attending Jeir Park with you. Family members / associates. * * Please note all of these people are to sign an electronic waiver at the entrance to the stables * *

Family members / associate 1 - Full name

Family member / associate 1 - Date of birth

Relationship to owner: (friend / daughter / wife / husband etc)

Family member / associate 1 - Address

Family member / associate 1 - Phone number

Family member / associate 2 -

Family member / associate 2 - Date of birth

Relationship to owner: (friend / daughter / wife / husband etc)

Family member / associate 2 - Address

Family member / associate 2 - Phone number

Family member / associate 3

Family member / associate 3 - Date of birth

Relationship to owner: (friend / daughter / wife / husband etc)

Family member / associate 3 - Address

Family member / associate 3 - Phone number
Horse 1

Horses name 1 :

Horse age

Horse breed

Colour

Height

Microchip number (if applicable)

Brands near side

Brands off side

Additional description information

Arrival Date:

Departure date:

Emergency contact details: 


Name:

Ph:

Preferred Vet and practice

Last shoeing date:

Farrier:

Last worming date:

Any other habits/problems we need to know:
  
Photos of your horse (un rugged, near side, offside, face any other markings injuries etc)
Valid file types: JPG, GIF, PNG, and PDF
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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