This contract of carriage is made between the Consignor and the carrier. The carrier's obligations under this contract of carriage are undertaken upon and subject to these terms and conditions, which constitute the entire agreement between the Consignor and the Carrier in relation to the provision of the service and replace any previous written or verbal agreements between the parties relating to the service.
In this contract of carriage, unless the context otherwise requires:
Act means the contract and Commercial Law act 2017
Additional Items means those items the carrier agrees to transport in addition to the goods, including, but not limited to horse equipment and feed.
Carrier means Connected Horse Transport
Consignor means the person or entity requesting the service from the carrier.
Goods means the horse(s) or animal(s) being transported as part of the services and, where applicable, the Additional items.
Services means the transportation of the goods transported at the request of the Consignor ( and related and/or incidental services) which are the subject of this contract of carriage and includes any unit of goods or unit as defined by the Act.
2: Request for Service
2.1 The Consignor may submit a request for service at any time by way of phone call or email.
2.2 The carrier will let the Consignor know if the carrier accepts the Consignors request for Services as soon as possible. While the Carrier will try to meet the Consignors request for Services, this may not always be possible and sometimes the carrier may refuse to accept a request.
2.3 The Consignor acknowledges that the carrier may act on the instructions of any person purporting to request Services on behalf of the Consignor. (Consignors Representative) without having to enquire any further. The Consignor will be required to pay all fees and charges for services requested by the Consignor's representative and the carrier will have no liability to the Consignor if the Consignor's representative did not have the actual authority to request Services from the Carrier.
3 Fees and Charges
3.1 The Consignor will pay the Carrier's fees and charges for providing the Services as notified by the Carrier to the Consignor form time to time.
3.2 Any charges quoted or estimated by the Carrier are exclusive of GST.
3.3 The Carrier will issue invoices for the fees and charges for providing a service.
3.4 Unless otherwise agreed in writing, the Carriers fees and charges are due for payment by the Consignor before the Carrier commences services.
3.5 The Consignor must not defer or with hold payment or deduct any amount from the account of the Carrier by way of any claim the consignor alleges against the carrier.
3.6 If payment of any amount is overdue, then the Carrier may:
a) Charge interest on the overdue amount at a rate of 5% per month calculated daily and capitalised monthly until payment is made in full; and/or
b) Charge any collection costs and legal costs on a solicitor/own client basis; and/or
c) Suspend performance of the Services until payment is made in full.
4.1 The Carrier will use is best endeavours to deliver the goods on or before the estimated delivery date and time but date and time of delivery shall not be the essence and the carrier will have no liability to the Consignor if there is any delay whatsoever.
5.1 The Carrier may sub-contract, on such terms as it deems fit, the whole or any part of the Services.
5.2 Every exemption, limitation or condition contained in this contract of carriage and every right, power, authority, exemption for liability, defence and immunity applicable to the Carrier or to which the Carrier is entitled shall also be available to and extend to protect:
a) Any Sub Contractor engaged by the Carrier;
b) Every agent, servant or officer of the Carrier;
c) Every other person by whom any part of the service are performed; and
d) All persons who are or may be vicariously liable for the acts or omissions of any of the persons in a), b), or c) above and/ or the Carrier, and for the purpose of this clause the Carrier is or shall be deemed to be acting as a agent or trustee on behalf of each such persons who shall to that extent be deemed to be party to the contract of carriage.
6.1 The consignor must hold comprehensive insurance for the goods for their full insurable value against all risks while they are in the Carriers possession. The Carrier will not be liable to the Consignor if the Consignor does not comply with this obligation. The Carrier's responsibility for the goods for the purposes of section 257 of the Act commences once the Consignor safely loaded the goods on to the carriers Vehicle.
6.2 The Consignor acknowledges that the contractor has no obligation to insure the goods against loss or damage. The carrier accepts no responsibility for the loss or damage caused by a sub-contractor of the said carrier.
The client acknowledges that:
a) The stock are carrier at the clients sole risk and not at the rick of the carrier.
b) The carrier is under no obligation to arrange insurance for the stock and it remains the responsibility of the client responsibility to ensure that the stock re insured adequately or at all.
c) under no circumstances is the carrier liable to arrange the insurance and no claim will be made against the carrier for failure to arrange insurance for the stock.
7: Consignor's Indemnity
7.1 The Consignors indemnifies he Carrier from and against any and all loses. damages, costs, actions, proceedings claims and demands which the Carrier may incur or suffer as a direct or indirect result of the Consignors failure to perform the Consignors obligation under this contract of carriage or any wilful or negligent act or omission by the Consignor in the course of performing the Consignors obligations under the contract of carriage. This indemnity will continue to apply after the termination of this contract of carriage.
8: Liability Limitations
The carrier will not be under any liability for any loss of, death or illness or injury to the stock unless such loss, or injury occurs while the stock are in the actual custody of the carrier and under its actual control and unless such loss, illness injury or death is due to the neglect or default of the carrier.
The client shall notify the carrier at all times against all actions, proceedings, demands, liabilities, either express or implied, and all costs, losses, damage and expenses which may be taken against the carrier or become payable by the carrier resulting from any injury or death to persons or damage to property as a result of the handling of the stock however arising and whether or not arising from the negligence or failure of the client or any other person.
Liability of the carrier which may arise of any incident for breach of these terms and conditions, however arising is limited to any of the following as determined by the carrier
a) Supplying the services again.
b) the cost and payment of have the services supplied again.
c) where the Client is a consumer as defined in the Trade Practices Act 1974 then the client shall also be entitled to a refund.