Terms and Conditions
NATURE AND OBJECT OF THE AGREEMENT
The rearing agreement is considered to be an agreement of custodianship.
The rearer will provide (group) stabling, pasture grazing, feed and care to the foals and young horses that are handed over by the owner to be reared.
The foals and young horses that are handed over to be reared are described in the list that is attached to this agreement and initialled by the rearer and owner. This list contains the registered name entered in the Studbook, the passport number, life number, the chip number and the date of delivery for each foal/young horse.
The rearer does not provide basic training to the foals/young horses of the owner during the rearing period.
A calendar year runs from 1st January to 31st December and has a stable season and a pasture season. The care of the foal/young horse shall include feeding, maintaining the general condition of the foal, cleaning of the (group) stable, offering pasture grazing, hoof care and deworming, as well as normal supervision.
- The agreement will commence from the moment the foal/young horse is brought to the company of the rearer by the owner. The delivery date is stated on the list specified in article 1 under point 3.
- Unless parties agree otherwise, the agreement ends without any need for notice of termination during the summer season of the year in which the horse has reached the age of 3.
- The summer season ends on the last day of the calendar month: September.
TERMINATION OF THE AGREEMENT AND EVICTION
Premature termination can take place by both parties, subject to a notice period of one month. The termination should take place in writing by sending a registered letter. The rearer shall be allowed to terminate the agreement with immediate effect if (1) the owner defaults on the payment of the agreed rearing fee or (2) the foal/young horse dies during the rearing period. In both cases, the rearing fee is due to be paid until the end of the respective month.
The owner shall be allowed to terminate the agreement with immediate effect if the rearer fails to provide the proper care for the foal/young horse and, despite a written notice by the owner, there is no improvement of the situation within three days after receipt of that notice.
In case of termination of this agreement, the owner shall pick up the foal no later then the termination date.
REARING FEE AND PAYMENT
The rearing fee for the foal/horse shall be determined on a yearly basis at the start of the calendar year. The rearer shall charge the rearing fee afterwards per month and shall send the owner an invoice for this. The fee for the rearing of the foal/young horse amounts to when paying per month.
Unless otherwise agreed, the costs for hoof care, vaccinations and veterinary care are explicitly not included in the rearing fee. These costs will be charged to the owner seperately.
The rearer shall be allowed to unilaterally raise the rearing fee (per month or per season) once a year, if the rising prices for hay, straw and feed give reason to this. The price increase can be passed on in the fee that is paid per month or per season. Apart from that, the rearing fee will be automatically raised on 1st January, in correspondence with the price index of the CPI.
The payment of the rearing fee (including the relevant VAT) will proceed afterwards and no later than 14 days after the date of invoice.
In case the first rearing term is shorter than one month or one season, the rearing fee shall be charged proportionally on a one-off basis.
Payment shall be made by transferring the rearing fee due to the bank account number: NLRABO0310304261, or by payment in cash by the owner to the rearer in exchange for proof of payment.
To guarantee payment of the rearing fee and all additional costs, the owner shall give the foal/young horse as a possessory pledge to the rearer, who shall accept the foal/young horse as a possessory pledge. The owner explicitly guarantees his authority in offering the foal/young horse as a possessory pledge and he declares that it is free from restricted rights. To this end, the foal/young horse is brought under the power of the rearer. The original equine passport and stud book certificate shall be presented to the rearer by the owner, together with the foal/young horse. When the owner neglects his obligations towards the rearer, or in case of a bankruptcy or suspension of payment of the owner, the rearer is authorised to put the foal/young horse up for public sale in any legally allowed manner and recover what was owed to him from the proceeds of the sale. The costs of the execution of the sale shall be borne by the owner. Any potential surplus in the proceeds shall be paid out to the owner.
DELIVERY OF THE FOAL/YOUNG HORSE
- The owner delivers the foal/young horse to the rearer in good health and condition, provided with all necessary vaccinations against influenza and tetanus, trimmed, dewormed and provided with the corresponding original equine passport. Upon delivery, the rearer and owner jointly check and document (with photos or video recordings if necessary):
– the equine passport, the vaccinations and deworming. The possible consequences of the absence of the equine passport or a proper registration in it are borne by the owner at all times;
– the overall condition, including the hooves;
– any particularities, abnormalities and/or impairments as far as can be discerned in a visual inspection shall be recorded in a report that will be initialled by both parties.
The foal/young horse shall be accompanied by the original equine passport at all times, and this passport shall be presented to the rearer by the owner. A possible stud book certificate shall also be presented to the rearer.
A change of address or changes in the contact data shall be announced to the rearer by the owner within one week. It is sufficient for the rearer to send notifications to the address known to him.
The rearer shall feed the foal/young horse at his own discretion, taking into account the pasture grazing, the conditions and the needs of the animal concerned.
For stabling, one or multiple stables shall be used, as well as an outdoor area or paddocks, in which the foals/young horses shall be kept in groups. The rearer is authorised to adapt the manner of stabling at his own discretion. The rearer is authorised to adapt the manner of stabling at his own discretion.
The rearer shall decide on the pasture grazing of the foal/young horse at his own discretion, if the weather conditions and the condition of the pastures allow for it.
The foal/young horse shall be dewormed based on veterinary advice. The costs for this are not included in the rearing fee and shall be charged to the owner separately.
The rearer shall apply the regular and common means to combat worm infections in due time. Guarantees that the foal/young horse will be completely free of worms can, however, not be given. There is a usual commitment by the rearer to provide the best effort.
The foal/young horse shall, after the series of foal vaccinations, be vaccinated against tetanus and influenza on veterinary advice.
The costs of vaccinations are not included in the rearing fee and shall be charged to the owner separately.
The rearer shall decide at his own discretion whether the foal/young horse needs medical care or treatment from a veterinarian. The veterinary care/treatment shall be carried out by the rearer’s veterinarian, unless the owner explicitly indicates upon entering into this agreement that he wishes to use a different veterinarian. The involvement of a veterinarian shall be undertaken by the rearer in consultation with the owner. When the involvement of a specialised veterinarian is necessary, the owner shall be the one who commissions this.
In case of emergencies, the rearer is allowed to immediately involve the veterinarian and allow the required veterinary treatment to take place. Whether there is an emergency is at the discretion of the rearer. The owner will be notified no later than 24 hours after the involvement of the veterinarian.
The costs for veterinary care, guidance or treatment are not included in the rearing agreement and they shall be charged directly by the veterinarian to the owner, or they shall be charged by the rearer to the owner separately.
- The rearer shall see to it that the foal/young horse shall receive the normal and standard hoof care. To this end, the rearer shall involve a farrier. The rearer shall decide at his own discretion when hoof care is needed. The hoof care shall take place by the rearer’s own farrier, unless the owner explicitly indicates upon entering into this agreement that he wishes to use a different farrier.
- In case of emergencies, the rearer is allowed to immediately involve the farrier and allow the required care/ treatment to take place. Whether there is an emergency is at the discretion of the rearer. The owner will be notified no later than 24 hours after the involvement of the farrier in a case such as meant in paragraph 2 (and only then).
- Hoof care for inexperienced foals/young horses can be risky for them. The owner explicitly accepts potential damages to the foal/young horse which may arise when exercising hoof care.
- The costs of the farrier, including the trimming of hooves, are not included in the rearing agreement and they shall be charged to the owner separately by the rearer.
- Costs concerning special activities by the farrier and/or costs of shoeing are always borne by the owner.
LIABILITY OF THE REARER
Taking into account the provisions in paragraph 3 of this article, the rearer is not liable for theft, accidents, death, disease or damage to the foal/young horse, and neither for damages occurred as a consequence of the use of products offered.
The rearer is not liable for theft, accidents or damages to assets of the owner occurred on the terrain or in the buildings of the rearer.
The rearer is only liable for damage relative to the customer when this damage has demonstrably arisen through actions or neglect by the management of the rearer that is to a very serious extent in conflict with the diligence that has to apply in the exercise of the business activities of the rearer.
The liability of the rearer is at all times limited to the sum for which the rearer is insured, or could reasonably be expected to be insured. For all costs and damages, by any means connected with or caused by a culpable mistake or shortcoming in the exercise of the agreement, which result in the liability of the rearer, these are always limited to the sum for which the rearer can reasonably be expected to be insured for such injurious events and for which cover can effectively be granted. Furthermore, the liability of the rearer will be limited to the sum equal to three months of rearing fees.
LIABILITY CUSTOMER AND INSURANCE
The owner is (strictly) liable for damage to the rearer or third parties, or assets of third parties (including foals/young horses), that is the consequence of the own behaviour of the foal/young horse.
The owner shall take care of the insurance and continuation of the insurance of the foal/young horse for fire, theft, disease and other damage. Furthermore, the owner shall take care of a civil liability insurance. This liability insurance needs to explicitly cover the risk of possession of a foal/young horse, also when that foal/young horse is staying with a third party. Upon entering this agreement, the rearer shall have the right to demand insight into the insurance.
GENERAL TERMS AND CONDITIONS
For all legal relations that the rearer enters into in the context of his business, the general terms and conditions attached to this agreement and initialled by both parties are applicable, as compiled by the FNRS on behalf of its members, except in so far as there are derogations from them in this agreement. By signing this document, the owner explicitly declares to have taken notice of the content of the general terms and conditions, that he knows the scope of the general terms and conditions and is aware of the (liability) risks that are connected with it, and declares to agree with the content of these terms and conditions. The FNRS terms and conditions can be found, printed and downloaded from the website of the rearer www.vanbaalenfarms.com and the site www.FNRS.nl.