CENTRAL HORSE RETIREMENT
TERMS AND CONDITIONS
Please Read these Conditions
When we agree to provide our Horse Livery Services we make a legally enforceable agreement without further reference to you so it is important for you to read our Conditions carefully and to make sure that they contain everything which you want and nothing that you are not willing to agree to. If you are unsure about any of this, please call us on 0207 632 7555.
The following words have these meanings throughout the Conditions:
Additional Care Requirements
Means any special care requirements that lead to an excess of time and labour outside our normal Service.
Means the terms and conditions set out in this document;
Means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
Means the legally binding agreement between you and us (satisfying condition 2.7) for the Services which incorporates these Conditions.
Means any tack or other equipment.
Means your horse or pony.
Means the Horse Livery Services of the type that you have requested. What is included within that Service can be viewed on our website (but does not include additional care services) together with any goods/food that fall within that Service description.
We, Us or Our means Central Horse Retirement which is a trading name of Equine Tranquillity Ltd registered in England and Wales with number 05126670 whose registered office is 11 High Street, Baldock, Herts SG7 6AZ and whose trading address is Rookery Farm, High Road, Cotton End Bedford.
2. Application of these conditions and contract formation
2.1. Any estimate provided by us for the provision of Services before we agree to provide our Services is not binding on us.
2.2. We can refuse to provide our Services if we wish for any reason, although we will try to tell you promptly the reason for our decision, which must be due to horse behaviour, failure to provide a passport, inability to obtain your payment or other genuine fair reason.
2.3. The Contract will be formed for the Services, only upon our written acceptance of this signed Contract and/or our sending an email to you saying that your horse will be accepted by us, or, if earlier, our delivery of the Services to you.
2.4. We reserve the right to vary the terms of the Contract in regards to the price for the Services, or cost of estimated veterinary fees or foods but will give you at least 1 months notice of the changes and you will have the right to either agree the changes or terminate the Contract.
2.5. We intend that these Conditions apply only to a contract entered into by you as a Consumer where you and we enter the contract at any of our business premises, and where the contract is not one (i) for which an offer was made by you in our and your simultaneous physical presence away from those premises, or (ii) made immediately after you were personally and individually addressed in our and your simultaneous physical presence away from those premises. If this is not the case for you, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg giving you cancellation rights, or rights as a business.
3.1. The charges for each of type of Service, and the total price of them, will be as set out on our website at the time we agree to provide our Services.
3.2. Where we provide additional care requirements at your request? , we will charge £15.00 per hour which is billable monthly.
3.2.1. Where we provide other services as set out in this Contract, these will be billable immediately.
3.3. The charges:
3.3.1. Include the Services and or foods/goods as set out on our website under the service description.
3.3.2 Include VAT at the rate applicable at this Contract so that, if the rate of VAT increases before we accept this Contract, we must only increase the price by the amount of that increase if we have your agreement, otherwise we must reject the Contract and tell you that.
3.3.3 do not include those costs set out in clause 11, including veterinary fees, additional farrier fees, treatments or any other services required or costs incurred that do not form part of the Services.
4.1 On reservation of a livery placement we require a non-refundable deposit of £100.00. This amount will then be credited towards the first month's fees.
4.1 We require advance payment for the Services by standing order to arrive in our bank account on the 1st day of each month.
4.2 If our Services are commenced mid-month, we will require a cash payment on arrival for that month and thereafter clause 4.1 will be applicable.
4.3 We will send you an invoice on a monthly basis in respect of additional care requirements which must be paid within 14 days of the date of the invoice.
4.4 Where we provide other goods or services that are not part of the contracted Services then we will invoice these immediately, and require payment of the invoice within 14 days.
4.5 All invoices and payments due must be paid up to a date before you collect your horse.
4.6 If you fail to make a payment on time/on the due date then we reserve the right to charge interest on the late payment at the rate of 8% per annum and to terminate this Contract.
5.1 We have a legal duty to supply the Services in conformity with the Contract, including these Conditions. We will not have conformed if we have not complied with conditions 5.2 to 5.3
5.2 The Services will be provided with reasonable skill and care.
5.3 In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services is a term of the Contract (which we must comply with) if you take it into account when deciding to enter the Contract, or when making any decision about the Services after entering into the Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us on the same occasion, and any change to it that has been expressly agreed between you and us (before entering the Contract or later).
6 Excluding liability
We do not exclude our liability for death or personal injury caused by our negligence or breach of our duties under the law, or for fraud or fraudulent misrepresentation. Subject to this, we are not liable for
(i) loss which was not reasonably foreseeable to both you and us at the time when the Contract was made;
(ii) loss which relates to your business, trade, craft or profession to the extent that it would not be suffered by a buyer who is a Consumer (this is because we believe that you are not using our Services wholly or mainly for the purposes of your business, trade, craft or profession);
(iii) illness of your horse while it is in our care;'
(iv) death or injury of your horse caused by another horse in our care;
(v) loss or damage to your Equipment unless such loss or damage was caused by our negligence or breach of our duties.
7 Duration, termination and suspension
7.1 Subject to the provisions of conditions 7.2 to 7.6, the Contract continues for:
7.1.1 As long as you ask us to provide our Services, which is for a minimum 6 month period;
7.1.2 The duration of your obligations under the Contract;
7.1.3 Any term set out in the Contract;
whichever is the longer period of time.
7.2 Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 7 days of the written notice.
7.3 Either you or we may terminate this after the initial 6 month period by the giving in writing of 28 days notice.
7.4 If you terminate this Contract within the first 6 month period, you will be liable to pay us for our loss of profit for that period, which we will calculate upon receipt of your notice to terminate. We will not allow you to remove your horse from our case until all payments due to us under this Contract have been paid.
7.5 We may terminate the Contract upon giving 14 days written notice to you if, in our sole opinion, is or becomes malicious, dangerous, unpredictable, hazardous, has hazardous traits and/or habits. We shall immediately place your horse in isolation where it shall remain for the 14 day period or until collection, whichever is the sooner. We shall look to you for any additional services that are provided during this period of time, and for our financial losses as a result of early termination of the Contract.
7.6 We may terminate this Contract if you do not make a payment that we have requested, within the time limit stated.
8 Successors and our sub-contractors
Nether you or we can transfer the benefit of the Contract to someone else, and you or we remain liable to the other for your and our obligations under the Contract. We will be liable for the acts of any sub-contractors who we choose to help us perform our duties.
9 Data protection and privacy
We can use your identity and other information about you which you give to us only to help us to comply with our duties under the law, to provide the Services and handle your payment for them and, if you give us your prior consent, to tell you about our products and services, on condition that we stop as soon as you tell us in writing to stop. We promise to use reasonable care to keep that information confidential. You promise that the information that you give to us is true and, if it changes, you will tell us promptly.
10 Governing law, jurisdiction, complaints and codes
10.1 The Contract, including these Conditions, is governed by the law of England and Wales.
10.2 Disputes can be submitted to the jurisdiction of the courts of England and Wales.
10.3 During your contract and for two years following termination of the contract you agree not to directly or indirectly through a third party, engage in any conduct or make any communication (written or oral) (public or private) that disparages Equine Tranquility Ltd, it’s directors, shareholders, employees or its services in any way. Such communications includes publishing, posting, printing, disseminating, or otherwise making such disparaging statements on or through the Internet, in any blog, or through any other form of social media. You further agree not to solicit or encourage, directly or indirectly, any such statements, comments, or communications by any third-party.
10.4 We will try to avoid any dispute and make sure you are happy but if you have any matter that you wish to discuss with us, please contact us by phone, in writing or by email.
11 Your responsibilities under this Contract.
11.1 You must inform us, before entering into this Contract, of any health issues, special dietary requirements or allergies that your horse has.
11.2 We do not accept horses that are malicious, dangerous, unpredictable, hazardous, has hazardous traits and/or habits. You warrant that your horse does not fall within any of these characteristics.
11.3 You agree that, in the event of an emergency, injury or illness, your horse can be treated at our discretion by Icknield Veterinary Group (IVC) . However, we reserve the right to use an alternative veterinarian or practice if IVC are unable to provide their services to us for whatever reason. You will be directly responsible for any veterinary fees that are incurred, and you will be billed directly by the surgery for all expenses insured including veterinary visits, examinations, treatments and medicines. We will use our best endeavours to inform them of any medical treatment required but not in the case of an emergency.
11.4 We do not allow hind shoes on any horses present at our yard. If you bring your horse with hind shoes then we will arrange to have them removed and you will be responsible for that expenses.
11.5 You will be responsible for any farriery work other than the basic trimming included in our Services. You will be sent an invoice for any work required and the invoice must be paid within 14 days.
11.5 Any Equipment you supply must be of satisfactory quality, and must be named inside before arrival. We shall charge you for the cost of repair/cleaning of any such Equipment and this will be billable on a monthly basis.
11.6 You will be responsible for all worming, veterinary first aid, immunisations and any other treatment/costs. We operate a de-worming programme that all horses receive on arrival and at suitable regular intervals as required thereafter. We will determinate the brand of medicines that we use. First aid items/medicines used by us will be charged to you at the normal retail price and billable on a monthly basis.
11.7 You must pay all of our fees within the time limits stipulated in this Contract. Failure to do so, if not remedied within 14 days of the date payment was due can have the following consequences:
(i) interest will accrue on the outstanding amount; and/or
(ii) we may terminate the Contract; and/or
(iii) we may sell any Equipment that you have left with us, or we may sell the horse or decide on euthanasia as appropriate. We will then look to you for all costs incurred in taking these steps.
11.8 You understand that you give us permission under the terms of this Contract to have your hose euthanized on your behalf if we believe it is in the horses best interests, following a vets recommendations to ensure that is no undue suffering. We shall use our best endeavours to contact you beforehand. You will be responsible for these costs and the surgery will bill you directly. You also authorise to instruct Equine Farewells N/W to provide a funeral service of your choice as per their website who will charge you directly for their services.
11.9 You understand and agree that there is no refund of livery charges paid at any time (unless we have failed to provide our Services in compliance with this Contract).
11.10 You are responsible for any repair cost of any damage to property, persons or other animals caused by your horse.
11.11 You may visit your horse at the main farm between Tuesday - Sunday 10am-4pm. If you wish to visit outside of these hours then please contact us.
11.12 You must bring the original horse passport with you on arrival. This is required by law and we will not provide any Services until this is in our possession.
"Where a payment is due to be collected from you and for any reason it is not paid, we will charge you interest as above, but will also charge you an additional £12.00 administration fee for each and every occasion that we have to contact you to inform you of late payment.