TO Damian White Bloodstock Pty Ltd
of 213 Wyndham Street Shepparton 3630 ABN 93 497 556 059 Ph: 0418 477090 Fax
03 58 220211
I ………… …………………………… of …………………………………………..
Phone: …
Being the Owner (“The Owner”) of a mare named …
HEREBY AGREE to send the Mare to Brackley Park Avenel (“The Stud”) for service by the
Stallion GLOBETROTTER (USA) in the 2014 season. The Service Fee is $
4,400.00 incl Gst
UPON THE FOLLOWING CONDITIONS:
1 The Stallion Service Fee of $4,400 incl GST is payable when the mare mare has tested positive to
Globetrotter at 45 days.
(a)
2
Free Return: In the event that the Mare served shows a positive pregnancy test at forty-five (45)
days after date of service, and if the mare fails to have a live foal, then the broodmare owner at
the time of service shall be entitled to a Free Return upon the following terms and conditions:i)
The Stallion must still reside at Brackley Park Avenel
ii)
The Stallion must be fit to serve at least forty (40) mares at the start of the season
iii)
The free return is for the year following and is not cumulative,
iv)
The free return is for the mare served the previous year or a substitute approved by the
Stud.
v)
The free return is not transferable and does not apply if the mare dies
vi)
The service fee the previous year must have been paid within thirty (30) days of
availability of the positive pregnancy test
A foaling fee of $440.00 incl GST will be paid within thirty (30) days after invoice by the Stud if
applicable
3
Except in the case of a Walk On mare the mare shall not be removed from the Stud until the forty
five (45) day pregnancy test has been performed, and several days notice of arrival or departure of
the mare is required
4
It is the Owner’s responsibility to correctly identify the Mare on delivery to the Stud and provide
Studbook Identification papers for the mare and the Stud shall not be responsible for any problem
arising out of a delivery of a wrong mare.
5
The service is only in respect of the Mare named and is not transferable to any other person or mare.
6.1
The Stud shall not be liable to the Owner for any loss, damage, cost or expense incurred and
arising out of any injury, death or damage to any horse placed with it notwithstanding the same is
attributable to or in part attributable to recklessness, negligence, forbearance or neglect by the Stud,
any servant or agent of the Stud or any person in whose care or control the Stud may place the horse.
6.2
The Stud will however take all reasonable prudent steps to ensure the welfare of the Mare and her
progeny.
The Owner warrants that upon delivery to the Stud the Mare is not fractious and is free of disease
or infection and in sound breeding condition.
6.3
The Owner shall bear and be responsible for all costs incurred by the Stud and/ or it’ Agents
in collecting any fees due from the Owner, such costs to include all disbursements relating to legal
proceedings and the Stud’s and /or its agents’ legal costs on a solicitor/ client basis.
7
The Stud in consultation with its veterinarians reserves the right to determine when during
the season the Mare should be served. The season shall end on 24 th December unless otherwise
agreed.
8
Veterinary services for the Mare/Foal will be conducted at the discretion of the Studmaster
in consultation with the Stud’s Veterinarian and the full cost thereof will be borne by the Owner
which will be charged direct to the Owner by the appointed Veterinarian.
10
The Owner will at all times advise the Stud of any insurance policies affecting the horse and if so
requested by the Stud, will produce such evidence of such insurance.
11
So as not to disrupt the normal operations of the Stud appointments for inspection should be made
with reasonable notice
12
Agistment rates are payable monthly and the Stud reserves the right to increase these fees due to
harsh climatic changes, such notice to be given to the Owner in writing.
13
If payments are not made within 30 days of invoice , interest will be charges from the original
date of invoice to date of receipt of payment at the rate of 13.2% per annum, calculated on a daily
basis.
14.1
Without limiting the rights of the Stud pursuant to clause 14.2 hereof, the Stud will have
the absolute right to retain possession of any horse until all fees in relation to the particular horse
have been paid
14.2
Regardless of anything else contained in these terms and conditions and without prejudice to any
other right the Stud may have, in the event that the fees remain outstanding for a period of ninety
(90) days after the same was due and payable then the Stud will have the right to offer for sale the
horse to which such fees relate by public auction and to apply the proceeds of the sale ( after
deductions of commissions and costs directly associated therewith) against all fees owed by the
Owner to the Stud, with all remaining proceeds to be payable to the Owner or as the Owner may
direct.
14.3
For the purpose of this Clause, the Owner irrevocably appoints the Stud as its attorney with the
full power to deal with the horse of the Owner to which any outstanding fees relate and without
limiting the generality of the foregoing, the Owner irrevocably appoints the Stud as his attorney to
enter any horse for sale a public auction, to instruct the auctioneers in relation thereto, and to apply
the proceeds of sale in accordance with clause 14.2
15
Damian White Bloodstock P/L retains the right to withhold the mare return if the service
fee has not been paid when due.
16
Each amount of whatever description specified as payable by the Owner to the Stud under this
Contract is expressed as GST inclusive and for the purposes of GST a tax invoice will be issued
16.1
GST means the “good and services tax” as set out in A New Tax System Act 1999 and tax
invoice means a tax invoice which complies with section 29-70 of that Act
1, ………………………………………………………………….. as Owner of the Mare listed above hereby
state that I have read and understood the terms and conditions of this Agreement
Signature of Owner ………………………………………………………… Date ……………………
DamianWhite Bloodstock P/L
213 Wyndham Street Shepparton 3630
Ph: 0418 477090 Fax: 03 58220211
Email: damian@dwsrealestate.com.au
Application for a Service to GLOBETROTTER (USA) for 2014
Service Fee: $4,400 incl GST Payable on Positive Pregnancy Test at 45 days & Live foal
guarantee
1/ Name of Mare
………………………………………………………..
Sire:………………………………… Dam ……………………….. Dam Sire …………………………….
Color: ……………………………… YOB: ………………………. Brands: Near Side
Off Side
Present location of Mare …………………………………………….
2/. Name(s) and addresses of ALL Owners & percentages owned ( Use a separate sheet if necessary)
……………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………
Telephone …………………………… Mobile………………………… Email ………………………………
3/. Mare’s Breeding History
2012
Served by …………………………………… L.S.D …………………. Result …………….
2013
Served by…………………………………….L S D …………………. Result…………….
4/. Name & Telephone number of normal Veterinarian ………………………………………………………...
5/. If mare not served in 2013 please give reason: eg late foal, infection, maiden etc
………………………………………………………………………………………………………………..
6/. Please specify any unusual characteristics of mare or special vet needs ……………………………………
…………………………………………………………………………………………………………………
7/. Vaccinations: (last date) Strangles: ……………. Tetanus ………………… Worm Drench ……………..
8/. Mares race history if known: ………………………………………………………………………………..
Winning progeny of mare or her dam: ………………………………………………………………………
The above history is declared by me to be true and correct & I understand the conditions as laid out above
Signature of Mares Owner: ………………………………………..
Date: …………………………………..
Form to be completed in full and returned to Damian White Bloodstock P/L by post , fax or email.
1
1.. Scale of Charges for 2014 ( subject to review)
Details
Cost GST Inclusive
Agistment - Dry Mare
$16.50 per day
Agistment
with foal
$17.60 per day
–
Mare
Mare Boxed
Foaling
Fee
Supervision
Veterinary
Walk on Fee
$25.00 per day
$440.00
Veterinary attention is charged on a fee for
service by attendant Veterinarian
$100.00
2
2.. Payment of Accounts
Cheques to settle Agistment accounts should be made payable to:
Grajoa Investments Pty Ltd, PO Box 487, Essendon, Victoria 3040
Service fees made payable to Damian White Bloodstock Pty Ltd