TERMS AND CONDITIONS APPLYING TO HORSES ON AGISTMENT AT LUSTRE LODGE
Dream Run Thoroughbreds Pty Limited trading as Lustre Lodge ABN: 46 849 972 986 of 114 Hue Hue Road ALISON NSW 2259 (hereafter called Lustre Lodge)
Lustre Lodge accept horses on agistment on the terms and conditions set out in this document and the Owner/s agree that these terms and conditions shall bind them each jointly and each of them severally.
1. Lustre Lodge shall agist the horse or horses in such matter as it deems proper or appropriate
2. Veterinary and farrier services for the horse and/or progeny may be provided at the discretion of Lustre Lodge and the owner agrees to pay all veterinary and other charges incurred.
3. The horse is at the Owner/s risk at all times. It is the Owner/s responsibility to insure the horse and any progeny against all risks while they are at or are being transported to and from Lustre Lodge. Lustre Lodge shall not be responsible for any disease, accident, illness or injury however caused or arising to the horse whilst transporting to or from Lustre Lodge or at Lustre Lodge.
4. The Owner/s must notify Lustre Lodge immediately if they become aware that the horse suffers from or has been in contact with any significant or notifiable sickness, disease or injury.
5. The owner/s agree to pay all accounts within fourteen (14) days of Lustre Lodge submitting a tax invoice to the owner
6. The agistment fees may be varied by Lustre Lodge provided the variation is notified to the owner in writing and this notification may be by submission of an account or otherwise.
7. In the event that an account remains unpaid for more than 14 days from the date of an invoice then Lustre Lodge shall have in its absolute discretion, the right to:
a) charge and add interest on any outstanding amount at an interest rate of 12.00% per annum; and
b) reverse any discounts that may have been applied to the account; and
c) charge and add any recovery or legal fees on a solicitor own client basis; and
d) take possession of the horse or horses to which the unpaid fees relate to and sell that horse at any public auction and then to apply the proceeds of the sale in the following order:
i. payment of any sale commissions and expenses associated with the auction; then
ii. against all outstanding fees owing to Lustre Lodge in relation the horse or horses sold; then
iii. against any other outstanding fees or costs payable by that owner to Lustre Lodge with the balance, if any, to be paid by Lustre Lodge to the owner/s.
e) report the payment default to a credit reporting bureau or other bodies such as racing governing bodies.
8. Lustre Lodge shall be entitled to retain possession of all documents and description and registration papers and identification cards for any horse on agistment whilst agistment fees remain outstanding.
9. For purposes of clause 7 (d) i, ii,iii of these terms and conditions, the owner/s absolutely appoints Lustre Lodge or its representative as their attorney with full power to deal with any horse to any moneys as the case may be and to enter any horse for sale at public auction, to instruct the auctioneers in relation thereto and to apply the proceeds there from in accordance with the terms of clause 4 hereof.
These terms and conditions were updated on the 13th September 2017.