https://form.jotform.com/20245...
“Worm-Ed” is a trading account via Blue Blood Equine
“Blue Blood Equine” means Blue Blood Equine Limited.
“Fees” means the fees for the Services as specified in Schedule Two.
“Horse” means the horse or horses specified in the cover page.
“Services” means the services provided or to be provided by Blue Blood Equine as specified in the cover page and as otherwise agreed in writing from time to time.
“Term” means the term of this Agreement as specified in the cover page.
You agree to engage Worm-Ed via Blue Blood Equine to provide the Services for the Term and for the Fees plus any additional charges that may be payable from time to time. You agree that all Fees are GST inclusive and plus any other taxes and duties which may be applicable. Blue Blood Equine agrees to provide the Services to you on the terms and conditions of this Agreement.
You agree to pay the Fees, along with any applicable taxes, and additional fees or charges as specified by Blue Blood Equine. Payment shall be made to Blue Blood Equine by electronic banking or cheque in full by the date of the invoice you receive from Blue Blood Equine.
If you fail to pay any monies owing by the due date, Blue Blood Equine at its sole discretion may charge interest on all overdue accounts at a rate of 1.5% per month calculated on a daily basis until it is all received in full. Any payments received by Blue Blood Equine will be applied firstly against any costs and expenses and then against such interest. Blue Blood Equine may also obtain reimbursement from you for any costs or expenses incurred in the recovery of an overdue debt, and may terminate this Agreement and refuse to provide any further services to you.
If you acquire the Services for a business purpose you agree that, to the maximum extent permitted by law, the Consumer Guarantees Act 1993 does not apply.
Notwithstanding anything else in this Agreement, Blue Blood Equine will be under no liability whatsoever to you for any indirect or consequential loss, loss of profit, loss of bargain, loss of business opportunity or exemplary damages or losses suffered by you or any third party arising out of or flowing from any breach of contract, any pre-contractual misrepresentation, or other dispute arising out of this Agreement and whether actionable in contract, tort (including negligence), equity or otherwise.
In addition to the above, Blue Blood Equine will be under no liability whatsoever to you for any loss, damage or claims of injury, sickness, disease or death caused to or sustained by your Horse whilst under Blue Blood Equine’s care, except where such loss, damages or claims are the result of the gross negligence of Blue Blood Equine.
If Blue Blood Equine is found liable for any loss or damage (including that set out above), Blue Blood Equine’s liability shall not exceed the Fee in respect of the Services to which the liability relates.
You indemnify Blue Blood Equine against all liabilities, costs (including full costs between solicitor and client), losses, claims, expenses and demands incurred by Blue Blood Equine or any third party arising out of or incidental to your non-compliance with this Agreement, and from any third party claims arising out of or incidental to the supply of the Services.
Blue Blood Equine does not give any warranty or representation of any sort as to:
In the event of a dispute, the parties shall give written notice to the other of the particulars of the dispute and co-operatively endeavour to resolve the dispute. If the dispute remains unresolved, a party may terminate this Agreement.
Information belonging to a party which by its nature is intended to be treated as confidential will be confidential information for the purposes of this Agreement. Each party agrees not to use or disclose any confidential information of the other party except to fulfil its obligations under this Agreement, or if required to disclose such by law.
No failure or omission by a party to carry out or observe any of the terms of this Agreement will give rise to any claim against that party or be deemed a breach of this Agreement, if such failure or omission arises from any cause reasonably beyond the control of that party provided that this clause will not extend to excuse the consequences of insolvency or financial difficulty.
Either party may terminate this Agreement at any time and for any reason by providing 10 days written notice to the other. Written notice can be made via email from Blue Blood Equine to you to the email address specified in the cover page. Email notification can be made to Blue Blood Equine at info@bluebloodequine.co.nz.
Notwithstanding such, if you fail to pay any monies owing to Blue Blood Equine or otherwise breach this Agreement which is incapable of being remedied, Blue Blood Equine may (without prejudice to any other remedies available to it) terminate this Agreement immediately and all outstanding monies owing under this Agreement will immediately fall due and payable.
Termination of this Agreement for any reason will not affect such rights and obligations of the parties as are intended to survive termination including without limitation the rights and obligations under the limitation of liability and indemnification clauses.
Notices will be sufficiently given if delivered personally, posted or successfully transmitted by email to the intended recipient at his/her or its last known address. You will notify Blue Blood Equine in writing of any changes to your postal, physical or email address.
You agree and acknowledge that:
No more hit and miss worming or blanket treating the farm. Worm-Ed takes the guess work out of parasite management for busy horse owners.
