Conditions of Agistment

The fees and charges for the supply of Kooringal Stud’s services from time to time are as advertised on Kooringal Stud’s website. If Kooringal Stud supplies any services which do not have a price stated on their website, then Kooringal Stud may charge the reasonable market value of supplying such services (the Services).

Kooringal Stud may:-

1. on-charge any costs incurred to third parties; and
2. charge the reasonable market value of consumables and products applied to an Agisted Horse,

for the maintenance, health and/ or care of an Agisted Horse or otherwise costs incurred for the maintenance of the Australian Thoroughbred Stud Book in respect to an Agisted Horse (Third Party Costs), noting these costs may include (but are not limited to):-

1. veterinary costs;
2. farrier costs;
3. drenches;
4. drugs for reproductive purposes; and
5. reproductive and pregnancy scanning costs.

Kooringal Stud may invoice an Owner for the Services and Third Party Costs at intervals as determined by Kooringal Stud. All such invoices are payable within 14 days of issue by Kooringal Stud.

Any amounts not paid in accordance with invoice terms accrue interest at a rate of 10% per annum, charged monthly in arears, commencing on expiry of the invoiced terms.

The Owner of an Agisted Horse, charges each of their Agisted Horses (including progeny and proceeds of sale (including insurance proceeds)) with the Owner’s obligations to Kooringal Stud. In the event of an Owner being in default of its obligations to Kooringal Stud, then Kooringal Stud may sell or otherwise dispose of all Agisted Horses of the Owner and apply the proceeds of sale of such Agisted Horses to:-

1. firstly, the cost of sale of the Agisted Horse(s); and
2. secondly, the amounts outstanding to Kooringal Stud.

In the event that an Owner is in default of its obligations to pay Kooringal Stud monies, then the Owner is liable to Kooringal Stud for all costs incurred attempting to recover such monies, including but not limited to:-

1. legal costs incurred; and
2. amounts payable to debt collection agencies, including fees and commissions.

On an Owner being in breach of its obligations to Kooringal Stud, such Owner:-

1. appoints Kooringal Stud as its attorney for the purpose of:-

   1. completing all acts required for the sale of an Agisted Horse; and
   2. collection and receipt of any proceeds of sale of an Agisted Horse and/ or insurance over an Agisted Horse; and

2. gives an irrevocable instruction, direction and authority to:-

   1. any sales company who sells an Agisted Horse to pay all proceeds of sale for the Agisted Horse to Kooringal Stud; and
   2. any insurance company who sells an Agisted Horse to pay all proceeds of an insurance policy over any Agisted Horse to Kooringal Stud.

Any sales company or insurer may rely on a statement from Kooringal Stud to confirm that the Owner is in breach of its obligations to Kooringal Stud and is not required to make any further enquiries to satisfy itself of such.

An Agisted Horse is agisted at Kooringal Stud at the risk of the Owner.

Kooringal Stud will endeavour to provide proper care to an Agisted Horse, however:-

1. each Owner acknowledges that the nature of horses means that there is a significant risk of an Agisted Horse suffering injury or death while on Kooringal Stud; and
2. each Owner releases Kooringal Stud from any claims for damages or loss due to the injury or death of an Agisted Horse and/or its progeny while in possession of Kooringal Stud.

To the extent permitted by law, the liability of Kooringal Stud arising from a breach of its obligations to an Owner are, at Kooringal Stud’s option, limited to and completely discharged by the re-supply of the relevant service or the cost of having the service or equivalent service supplied again.

The Owner acknowledges that Kooringal Stud does not hold any insurance for an Agisted Horse and that the Owner is responsible for:-

1. insuring an Agisted Horse against all normal risks; and
2. ensuring that the terms of any such insurance policy are complied with.

The Owner:-

1. covenants that it is the Owner of the Agisted Horse and has the unfettered right to provide instructions and directions in respect to the Agisted Horse;
2. must correctly identify the Agisted Horse on delivery to or collection from Kooringal Stud and provide Kooringal Stud with stud book identification documentation for the Agisted Horse;
3. warrants that the Agisted Horse can be handled, is free from disease or infection, has all vaccinations up to date and otherwise the Owner has disclosed all material matters to Kooringal Stud in respect to the condition of Agisted Horse (including in respect to any virus it may carry and its ability to breed);
4. must within 7 days of Kooringal Stud’s demand, cause an Agisted Horse to be collected from Kooringal Stud;
5. must supply Kooringal Stud with no less than 48 hours’ notice of their intention to attend Kooringal Stud and Kooringal Stud may refuse any Owner from attending the property of Kooringal Stud; and
6. indemnifies Kooringal Stud from all damages and losses suffered by Kooringal Stud due to an Agisted Horse being delivered to Kooringal Stud with a disease or infection that has not been disclosed to Kooringal Stud.

Kooringal Stud may treat and care for an Agisted Horse, in its absolute discretion, including the engagement of third parties for the maintenance, health and/or care of an Agisted Horse, including any treatment or care which Kooringal Stud determines are required for:-

1. the reasonable maintenance, health and care of an Agisted Horse; and
2. to comply with Kooringal Stud’s obligations under any legislation or to any statutory authority or industry body in respect to the maintenance, health and care of an Agisted Horse; and
3. the purpose of breeding the Agisted Horse or otherwise for the maintenance, health and care of any progeny of an Agisted Horse.

If an Agisted Horse is leaving Kooringal Stud (unless being transported by Kooringal Stud) the Agisted Horse is taken to have left possession of Kooringal Stud on the horse being loaded on to the relevant transport and Kooringal Stud has no further responsibility for the Agisted Horse from such time.

Each Owner and any other person attending Kooringal Stud, attends Kooringal Stud at their own risk and all such persons release Kooringal Stud from all claims whatsoever for personal injury or property damage suffered while on Kooringal Stud.

Agisted Horse means:-

1. a horse in the possession of Kooringal Stud; and
2. the progeny of an abovementioned horse, whether born or in utero.

Owner means the owner of an Agisted Horse and otherwise the person or persons, invoiced for an Agisted Horse or that otherwise gives instructions to Kooringal Stud in respect to an Agisted Horse.

Kooringal Stud may vary:-

1. these terms; and/or
2. the fees and charges for Kooringal Stud’s services,

from time to time by publishing such terms and/ or amended fees and charges on its website and such amended terms come into effect 30 days of their publishment on Kooringal Stud’s website.

An Owner is taken to have agreed to these terms by either delivering a horse to Kooringal Stud or continuing to have an Agisted Horse in the possession of Kooringal Stud.

The obligations of the Owners of an Agisted Horse are liable to Kooringal Stud jointly and severally.