SERVICES CONTRACT

DATE: _______________________________________________ REF No. _______________________________________________

OWNER’S / SYNDICATE / MANAGER’S NAME: _______________________________________________________________________

Phone: _______________________________________________ Fax: __________________________________________________

Mobile: _______________________________________________ Email: _________________________________________________

Billing Address: ________________________________________ Physical Address: ________________________________________

_____________________________________________________ ______________________________________________________

State: ___________________________ Postcode: __________ State:______________________________ Postcode: __________

ANIMAL’s DETAILS: Name of Animal:_______________________________________________________ Suffix: ( )

Year of Birth: __________ Colour: _______________ Brands: Near Shoulder: _______________ Off Shoulder: _____________

Sire of horse: ____________________________________________ Dam of horse: _________________________________________

In foal: Yes  No 
Has the Animal been vaccinated against E.V.H.? Yes / No Vaccine Used (PE or PK):_________ Date Vaccinated: _________
Has the Animal been in contact with any infectious disease: Yes / No
Please specify any vet treatments or unusual characteristics of the Animal that you consider should be brought to GWTFRS’ attention that may
assist in the care of the Animal. Any race performance and relationship to other bloodstock would also be helpful:

Please return a copy of the Animal’s Document of Description, showing brands and markings along with this form to the above address.
PLEASE NOTE: ALL ANIMALS WILL BE DRENCHED AND GIVEN A TETANUS/STRANGLES INJECTION ON ARRIVAL.

DETAILS OF SERVICES / PRODUCTS TO BE SUPPLIED PRICE $ (Excl GST)

________________________________________________________________________________________ ________________

________________________________________________________________________________________ ________________

________________________________________________________________________________________ ________________

________________________________________________________________________________________ ________________

________________________________________________________________________________________ ________________

________________________________________________________________________________________ ________________

TOTAL PRICE $ (Excl GST) ________________

GST ________________

TOTAL PRICE $ (Incl GST) ________________

I accept the Services as outlined above and certify that the above information is true and correct. I authorise the use of my personal information
as detailed in the Privacy Act clause. I have read and understand the TERMS AND CONDITIONS OF TRADE (overleaf) of Go With The Flow
Racing Stables Limited which form part of, and are intended to be read in conjunction with this Services Contract and agree to be bound by
these conditions. I agree that if I am a director or a shareholder (owning at least 15% of the shares) of the Owner I shall be personally
liable for the performance of the Owner’s obligations under this contract.

SIGNED (GWTFRS): ______________________________________ SIGNED (OWNER): ____________________________________

Name: _________________________________________________ Name: _______________________________________________

Position: ________________________________________________ Position: _____________________________________________

ID: _______________________________ DOB: ___________

WITNESS TO OWNER’S SIGNATURE:

Signed: _________________________________________________ Name: ____________________________ Date: ____________

Go With The Flow Racing Stables Limited
PO Box 6353, Marion Square, WELLINGTON 6141 - Phone: (04) 972 5437 - Cell: (021) 675 336 - Fax: (04) 972 5435
© EC Credit Control Ltd - 2010
 Go With The Flow Racing Stables Limited – Terms & Conditions of Trade
1. Definitions
1.1 “GWTFRS” shall mean Go With The Flow Racing Stables
Limited, its successors and assigns or any person acting on
behalf of and with the authority of Go With The Flow Racing
Stables Limited.
1.2 “Owner” shall mean the Owner (or any person acting on
behalf of and with the authority of the Owner) as described
on any quotation, authorisation or other form as provided by
GWTFRS to the Owner.
1.3 “Guarantor” shall mean that person (or persons) who agrees
to be liable for the debts of the Owner on a principal debtor
basis.
1.4 “Animal” shall mean the animal(s) the subject of this
contract.
1.5 “Services” shall mean all Services supplied by GWTFRS to
the Owner (and where the context so permits shall include
any incidental supply of goods), as described on the
invoices, quotation, authorisation or any other forms as
provided by GWTFRS to the Owner, and includes any
advice or recommendations.
1.6 “Fees” shall mean the price payable for the Services, and
shall include any other remuneration due to GWTFRS for
their ensuring the well-being of the Animal under GWTFRS’
care (including, but not limited to, agistment, farrier,
drenching, veterinary and medication costs), as agreed
between GWTFRS and the Owner in accordance with
clause 4 of this contract.
2. Consumer Guarantees Act 1993
2.1 If the Owner is acquiring Services for the purposes of a trade
or business, the Owner acknowledges that the provisions of
the Consumer Guarantees Act 1993 do not apply to the
provision of the Services by GWTFRS to the Owner.
3. Acceptance
3.1 Any instructions received by GWTFRS from the Owner for
the provision of Services and/or the Owner’s acceptance of
Services provided by GWTFRS shall constitute acceptance
of the terms and conditions contained herein.
3.2 Where more than one Owner has entered into this
agreement, the Owners shall be jointly and severally liable
for all payments of the Fees.
3.3 Upon acceptance of these terms and conditions by the
Owner the terms and conditions are binding and can only be
amended with the written consent of GWTFRS.
3.4 The Owner shall give GWTFRS not less than fourteen (14)
days prior written notice of any proposed change of
ownership of the Owner or any change in the Owner’s name
and/or any other change in the Owner’s details (including but
not limited to, changes in the Owner’s address, facsimile
number, or business practice). The Owner shall be liable for
any loss incurred by GWTFRS as a result of the Owner’s
failure to comply with this clause.
3.5 Services are provided by GWTFRS only on the terms and
conditions of trade herein to the exclusion of anything to the
contrary in the terms of the Owner’s order notwithstanding
that any such order is placed on terms that purport to
override these terms and conditions of trade.
4. Fees and Payment
4.1 At GWTFRS’ sole discretion the Fees shall be either:
(a) as indicated on invoices submitted by GWTFRS to the
Owner in respect of Services provided; or
(b) GWTFRS’ quoted Fees (subject to clause 4.2) which
shall be binding upon GWTFRS provided that the Owner
shall accept GWTFRS’ quotation in writing within seven
(7) days.
4.2 GWTFRS reserves the right to change the amount of the
Fees in the event of a variation to GWTFRS’ quotation.
4.3 Time for payment 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.
4.4 Payment will be made by cash or cheque, or by any other
method as agreed to between the Owner and GWTFRS.
4.5 GST and other taxes and duties that may be applicable shall
be added to the Fees except when they are expressly
included in the Fees.
11.4
5. Delivery of Services
5.1 Delivery of the Animal shall be made by the Owner (or the
Owner’s nominated carrier) to GWTFRS’ address. A
documented description is required by GWTFRS to
accompany the Animal.
5.2 The failure of GWTFRS to deliver the Services shall not
entitle either party to treat this contract as repudiated.
5.3 GWTFRS shall not be liable for any loss or damage
whatsoever due to failure by GWTFRS to deliver the 11.5
Services (or any of them) promptly or at all, where due to
circumstances beyond the control of GWTFRS.
6. Risk and Insurance
6.1 GWTFRS will provide all care, good husbandry and attention
to the Animal, but shall not be liable for any loss, damage or 11.6
claims of any nature or however arising (included but not
limited to, injury, sickness, disease or death), caused to or
sustained by the Animal whilst under GWTFRS’ care, or the
control of its servants or agents.
6.2 The Owner shall be solely responsible for all insurance
arrangements for the Animal.
7. Duty of Care
7.1 The Owner authorises GWTFRS to take all steps necessary
to ensure the well being of the Animal placed with GWTFRS
for Agistment and care and agrees to be liable for all
charges thereby incurred.
7.2 The Owner acknowledges that GWTFRS is the expert and
that the provision of care shall be at GWTFRS’ sole
discretion, however the Owner shall immediately advise
GWTFRS if they believe that GWTFRS is failing in their Duty 12.
of Care in any way whatsoever, in order that GWTFRS shall 12.1
be given the opportunity to rectify that duty and/or to explain
any actions they have taken.
8. Title
8.1 The Owner agrees that they shall be liable for all Fees
incurred until:
(a) the Owner has paid GWTFRS all for Fees due; and
(b) the Owner has met all other obligations due by the (d) GWTFRS has not received the Fees; then GWTFRS
Owner to GWTFRS in respect of all contracts between shall be entitled to a lien over the Animal for any Fees
GWTFRS and the Owner. that are outstanding and GWTFRS shall have the power
8.2 Receipt by GWTFRS of any form of payment other than to sell the Animal over which such lien is taken to recover
cash shall not be deemed to be payment until that form of outstanding Fees, should the Fees be overdue in excess
payment has been honoured, cleared or recognised and of sixty (60) days. In this respect, the Owner appoints
until then all GWTFRS’ rights, in respect of payment of Fees GWTFRS as their Attorney, with power to sell the Animal
due, shall continue. to recover such unpaid Fees, and furthermore, GWTFRS
shall be entitled to retain all (or part) of the proceeds of
9. Personal Property Securities Act 1999 (“PPSA”) the sale of the Animal in payment of the Fees and any
9.1 Upon assenting to these terms and conditions in writing the interest due to GWTFRS, and any costs associated with
Owner acknowledges and agrees that: such sale. GWTFRS shall also have the right to claim
(a) these terms and conditions constitute a security from the Owner the loss to GWTFRS on such sale in the
agreement for the purposes of the PPSA; and event the sale of the Animal does not discharge the
(b) a security interest is taken in the Animal and/or all amount of Fees due.
Services previously supplied by GWTFRS to the Owner 12.2 The lien of GWTFRS shall continue despite the
(if any) and all Services that will be supplied in the future commencement of proceedings, or judgment for the Fees
by GWTFRS to the Owner. having been obtained.
9.2 The Owner undertakes to:
(a) sign any further documents and/or provide any further 13. Security and Charge
information (such information to be complete, accurate 13.1 Despite anything to the contrary contained herein or any
and up-to-date in all respects) which GWTFRS may other rights which GWTFRS may have howsoever:
reasonably require to register a financing statement or (a) where the Owner and/or the Guarantor (if any) is the
financing change statement on the Personal Property owner of land, realty or any other asset capable of being
Securities Register; charged, both the Owner and/or the Guarantor agree to
(b) indemnify, and upon demand reimburse, GWTFRS for all mortgage and/or charge all of their joint and/or several
expenses incurred in registering a financing statement or interest in the said land, realty or any other asset to
financing change statement on the Personal Property GWTFRS or GWTFRS’ nominee to secure all amounts
Securities Register or releasing any Animal charged and other monetary obligations payable under these
thereby; terms and conditions. The Owner and/or the Guarantor
(c) not register a financing change statement or a change acknowledge and agree that GWTFRS (or GWTFRS’
demand without the prior written consent of GWTFRS; nominee) shall be entitled to lodge where appropriate a
and caveat, which caveat shall be withdrawn once all
(d) immediately advise GWTFRS of any material change in payments and other monetary obligations payable
its business practices of selling the Animal which would hereunder have been met.
result in a change in the nature of proceeds derived from (b) should GWTFRS elect to proceed in any manner in
such sales. accordance with this clause and/or its sub-clauses, the
9.3 GWTFRS and the Owner agree that nothing in sections Owner and/or Guarantor shall indemnify GWTFRS from
114(1)(a), 133 and 134 of the PPSA shall apply to these and against all GWTFRS’ costs and disbursements
terms and conditions. including legal costs on a solicitor and own client basis.
9.4 The Owner waives its rights as a debtor under sections 116, (c) the Owner and/or the Guarantor (if any) agree to
120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA. irrevocably nominate constitute and appoint GWTFRS or
9.5 Unless otherwise agreed to in writing by GWTFRS, the GWTFRS’ nominee as the Owner’s and/or Guarantor’s
Owner waives its right to receive a verification statement in true and lawful attorney to perform all necessary acts to
accordance with section 148 of the PPSA. give effect to the provisions of this clause 13.1.
9.6 The Owner shall unconditionally ratify any actions taken by
GWTFRS under clauses 9.1 to 9.5. 14. Privacy Act 1993
14.1 The Owner and the Guarantor/s (if separate to the Owner)
10. Cancellation authorises GWTFRS to:
10.1 GWTFRS may cancel any contract to which these terms and (a) collect, retain and use any information about the Owner
conditions apply or cancel provision of the Services at any and/or Guarantors, for the purpose of assessing the
time before the Services are provided by giving written Owner’s and/or Guarantors creditworthiness or marketing
notice to the Owner. On giving such notice GWTFRS shall products and services to the Owner and/or Guarantors;
repay to the Owner any sums paid in respect of Fees not yet and
earned. GWTFRS shall not be liable for any loss or damage (b) disclose information about the Owner and/or Guarantors,
whatsoever arising from such cancellation. whether collected by GWTFRS from the Owner and/or
10.2 In the event that the Owner cancels provision the Services, Guarantors directly or obtained by GWTFRS from any
the Owner agrees to notify GWTFRS at least twenty-four other source, to any other credit provider or any credit
(24) hours prior to collection of the Animal, and the Owner reporting agency for the purposes of providing or
shall be liable for any loss incurred by GWTFRS (including, obtaining a credit reference, debt collection or notifying a
but not limited to, any Fees owing for Services provided and default by the Owner and/or Guarantors.
any loss of profits) up to the time of cancellation. 14.2 Where the Owner and/or Guarantors are an individual the
authorities under clause 14.1 are authorities or consents for
11. Default and Consequences of Default the purposes of the Privacy Act 1993.
11.1 Interest on overdue invoices shall accrue daily from the date 14.3 The Owner and/or Guarantors shall have the right to request
when payment becomes due, until the date of payment, at a GWTFRS for a copy of the information about the Owner
rate of two and a half percent (2.5%) per calendar month and/or Guarantors retained by GWTFRS and the right to
(and at GWTFRS’ sole discretion such interest shall request GWTFRS to correct any incorrect information about
compound monthly at such a rate) after as well as before the Owner and/or Guarantors held by GWTFRS.
any judgment.
11.2 In the event that the Owner’s payment is dishonoured for 15. Owner’s Disclaimer
any reason the Owner shall be liable for any dishonour fees 15.1 The Owner hereby disclaims any right to rescind, or cancel
incurred by GWTFRS. any contract with GWTFRS or to sue for damages or to
11.3 If the Owner defaults in payment of any invoice when due, claim restitution arising out of any inadvertent
the Owner shall indemnify GWTFRS from and against all misrepresentation made to the Owner by GWTFRS and the
costs and disbursements incurred by GWTFRS in pursuing Owner acknowledges that the Services are purchased
the debt including legal costs on a solicitor and own client relying solely upon the Owner’s skill and judgment.
basis and GWTFRS’ collection agency costs.
Without prejudice to any other remedies GWTFRS may 16. General
have, if at any time the Owner is in breach of any obligation 16.1 If any provision of these terms and conditions shall be
(including those relating to payment) GWTFRS may either invalid, void, illegal or unenforceable the validity, existence,
suspend or terminate the provision of Services to the Owner legality and enforceability of the remaining provisions shall
and any of its other obligations under the terms and not be affected, prejudiced or impaired.
conditions and/or dispose of the Animal (subject to clause 16.2 These terms and conditions and any contract to which they
12). GWTFRS will not be liable to the Owner for any loss or apply shall be governed by the laws of New Zealand and are
damage the Owner suffers because GWTFRS has exercised subject to the jurisdiction of the courts of Wellington.
its rights under this clause. 16.3 GWTFRS shall be under no liability whatsoever to the
If any account remains overdue after thirty (30) days then an Owner for any indirect and/or consequential loss and/or
amount of the greater of twenty dollars ($20.00) or ten expense (including loss of profit) suffered by the Owner
percent (10%) of the amount overdue (up to a maximum of arising out of a breach by GWTFRS of these terms and
two hundred dollars ($200.00)) shall be levied for conditions.
administration fees which sum shall become immediately 16.4 In the event of any breach of this contract by GWTFRS the
due and payable. remedies of the Owner shall be limited to damages which
Without prejudice to GWTFRS’ other remedies at law under no circumstances shall exceed the Fees for the
GWTFRS shall be entitled to cancel all or any part of any Services.
order of the Owner which remains unfulfilled and all amounts 16.5 The Owner shall not be entitled to set off against, or deduct
owing to GWTFRS shall, whether or not due for payment, from the Fees, any sums owed or claimed to be owed to the
become immediately payable in the event that: Owner by GWTFRS nor to withhold payment of any invoice
(a) any money payable to GWTFRS becomes overdue, or in because part of that invoice is in dispute.
GWTFRS’ opinion the Owner will be unable to meet its 16.6 GWTFRS may license or sub-contract all or any part of its
payments as they fall due; or rights and obligations without the Owner’s consent.
(b) the Owner becomes insolvent, convenes a meeting with 16.7 GWTFRS reserves the right to review these terms and
its creditors or proposes or enters into an arrangement conditions at any time. If, following any such review, there is
with creditors, or makes an assignment for the benefit of to be any change to these terms and conditions, then that
its creditors; or change will take effect from the date on which GWTFRS
(c) a receiver, manager, liquidator (provisional or otherwise) notifies the Owner of such change.
or similar person is appointed in respect of the Owner or 16.8 The provisions of the Contractual Remedies Act 1979 shall
any asset of the Owner. apply to this contract as if section 15(d) were omitted from
the Contractual Remedies Act 1979.
GWTFRS’ Rights to Dispose of Animal if Unpaid 16.9 Neither party shall be liable for any default due to any act of
It is an express condition of this agreement that in the event God, war, terrorism, strike, lock-out, industrial action, fire,
that: flood, drought, storm or other event beyond the reasonable
(a) GWTFRS retains possession or control of the Animal; control of either party.
and 16.10 The failure by GWTFRS to enforce any provision of
(b) payment of any Fees are due to GWTFRS; and these terms and conditions shall not be treated as a waiver
(c) GWTFRS has made demand in writing of the Owner for of that provision, nor shall it affect GWTFRS’ right to
payment of the Fees in terms of this contract; and subsequently enforce that provision.
© Copyright – EC Credit Control Ltd - 2009