In this document the following words shall have the following meanings:
1.1 "Buyer/Owner/Keeper" means the person who buys Goods and services from the Seller and who is responsible for the Horse;
1.2 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.3 "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.4 "The Farrier/Seller" means Brush Farriery Services Limited of 6 Manor Park Business Centre, Mackenzie Way, Cheltenham, Gloucestershire, GL51 9TX;
1.5 "Terms and Conditions" means the terms and conditions of sale set out in this document.
1.6 “The Horse/Equine” is the equine being attended to/shod/trimmed by the Farrier.
1.7 “The Representative” is the person who has or purports to have the Horse Owner’s authority in connection with the Horse’s farriery care.
2.1 Brush Farrier Services Ltd is bound by the Farriers Registration Act 1975 and shall be insured, including for Public Liability, damage to Equines and employers’ liability where applicable.
2.2 Brush Farriery Services Ltd is employed by you for farriery and Trimming.
2.3 Requirements for each equine can be discussed and agreed up on to suit the equine based on its conditions at the time of the visit and any previous information provided.
2.4 Brush Farriery Services Ltd will provide a professional and reliable farrier service. We will arrive on the given time and date as agreed, should this not be possible for any reason we will be in touch within good time of the appointment to re arrange a time/date.
2.5 We do please ask that Equines are in and clean ready for the appointment. We are unable to retrieve from the fields or turnout for insurance and safety reasons.
2.6 Work may be carried out by other Brush Farriery Services Ltd team members who are authorised to do so.
2.7 These Terms and Conditions shall apply to all contracts for the sale of Goods and supply of services by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.8 Acceptance of delivery of the Goods and the provision of services shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.9 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.10 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
The normal hours of Business are:-
Monday: 6.00 – 16.00
Tuesday: 6.00 – 16.00
Wednesday: 6.00 – 16.00
Thursday: 6.00 – 16.00
Friday: 6.00 – 14.00
Messages can be left on the answerphone outside those hours and appointments can be arranged at other times when this is essential.
The current rates are agreed with you at the relevant time. We will add VAT to these at the rate that applies when the work is done. At present, VAT is 20%. Our Company No is 05323730.
4.1 A charge of £100 per hour will be added for x-rays, trot ups, discussions.
4.2 If the payment cannot be met we ask you contact us straight away to discuss payment options.
4.3 These rates have to be reviewed periodically to reflect increases in overhead costs and inflation. Normally the rates are reviewed with effect from 1 January each year. We will inform you of any variation in the rate before it takes effect
4.4 The Seller will provide the Buyer with an invoice and date of next appointment (by email/Whatsapp) in respect of the goods/services provided. Payment is due in fill within 30 days of the invoice. We reserve the right to charge simple interest on a daily basis at 2% over Barclay’s Bank base rate from time to time beginning on the date of delivery of the bill where payment is not made within 28 days of that date. In the event of any account or request for payment not being met, we reserve the right to decline to act provide any further goods/services. The full amount of work up to that date will be charged for and will be payable.
5.1 Registered Farriers may request that clients provide a suitable environment in which to carry out work. These conditions might include:
5.2 Registered Farriers may also enquire whether a horse is used to being handled and, if appropriate, has a companion animal close by.
5.3 Registered Farriers may decline to commence or continue working with an animal if it is felt that the present temperament of the horse, or the conditions the horse is kept in, are unfavourable to a successful outcome, and/or that the health and safety of the Farrier or others, including the Horse, may be compromised by proceeding. The Farrier may request the Horse Owner/Keeper to seek assistance from a Veterinary Surgeon.
5.4 If you are the Owner of the Equine you are giving your full consent for Brush Farriery Services ltd to discuss and make a decision regarding the farriery of the Equine.
5.5 If you are not the Owner, but the representative of the Owner or carer of the Equine, it is presumed that you have full consent to discuss and make decisions regarding the Equine.
5.6 Brush Farriery Services Ltd will not be held accountable for a lack of communication or misunderstanding between the Representative and the Owner.
5.7 Brush Farriery Services need to be informed as soon as possible about any infectious diseases so that they can help prevent the spread to other equines, clients and ourselves.
5.8 All appointments X-Rays, Results and telephone conversations and emails are treated with confidentiality unless given permission by the client.
5.9 Lost shoes will be replaced within a few days unless discussed with you before i.e. lameness. Shoe replacements and call outs will occur a charge. Please note we are not an on-call veterinary surgeon and are not able to diagnose but we can offer advice and opinions but it’s your responsibility to seek a vet’s advice if required.
6.1 Handling horses is a high risk sport/recreation. The Buyer/Owner/Keeper of the Horse is responsible to handle, hold and manage the Horse at all times whilst the Horse is being shod/trimmed. The Farrier reserves the right to refrain from shoeing/trimming a Horse where the risk to the Farrier is too high as a result of the Horse’s behaviour and/or when the Horse displays evidence that it should not be shod/trimmed as a result of welfare issues. The Farrier reserves the right to refrain from shoeing/trimming a Horse in these circumstances and a call out charge of £30 will be charged.
6.2 The Farrier reserves the right to wear a body camera to evidence the Horse’s behaviour where necessary and/or to use a CCTV camera placed on the Farrier’s van.
6.3 Please be aware that we have hot materials, sharp tools, Electric cables, and grinders in and around our vehicles.
6.4 Please note that children, dependants and animals not in our care cannot be supervised by us and are your responsibility whilst we are attending.
6.5 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
6.6 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
8.1 We use the information you provide primarily for the provision of farriery services to you and for related purposes including:
8.2 Our use of that information is subject to your instructions, the Data Protection Act 2018 and our duty of confidentiality. You have a right of access under data protection legislation to the personal data that we hold about you.
8.3 We may from time to time send you information which we think might be of interest to you. If you do not wish to receive that information please notify our office in writing.
9.1 We are committed to high farriery, equine welfare and client care. If you are unhappy about any aspect of the service you have received you may request a copy of our full complaints procedure.
9.2 If you choose to ask for another opinion (Farrier, Vet, Physio) we ask you inform us immediately and allow Brush Farriery Services to attend and/or review the veterinary/Physio/Farrier inspection/report.
9.3 If you chose to use another Farrier, we ask that you give us one shoeing’s notice and all bills are settled within 30 days of the final invoice.
9.4 If we decided to stop shoeing your Equine for any reason, we will also give you one shoeing’s notice.
10.1 We are committed to promoting equality and diversity in all of its dealings with clients, third parties and employees. Please contact us if you would like a copy of our equality and diversity policy.
11.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
12.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.
© Brush Farriery Services Ltd