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1 Parties
The parties to
this agreement are:
1.1 ECS Horse Transport of Hawthorn Stud, South
Newington, Banbury, Oxfordshire OX15 4JP (‘the Carrier’);
1.2 The person or entity named as customer on the
Consignment Note (‘the Customer’);
2 Definitions and interpretation
2.1 The expression ‘the Equine’ means the pony,
horse, gelding, mare or stallion specified on the Consignment Note;
2.2 The expressions ‘the Collection Address’ and
‘the Delivery Address’ mean respectively the addresses so specified
on the Consignment Note.
2.3 It is hereby declared that any sub-contractor
of the Carrier and the servants and agents of the Carrier are third
parties to this contract within the meaning of the Contracts (Rights
of Third Parties) Act 1999 and shall be entitled to enforce the same
accordingly.]
3 Carrier’s obligation
The Carrier
will carry the Equine from the Collection Address to the Delivery
Address by one or more motor vehicles on the dates specified on the
Consignment Note. The vehicle or vehicles shall be duly taxed and
insured shall be in a roadworthy condition and shall be suitably
equipped for the safe and convenient carriage of the Equine.
4 Risk
The Equine
shall be carried at the Customer’s risk in all respects and (without
prejudice to the above) the Carrier shall not be liable for any of
the following whether by reason of the Carrier’s negligence or
otherwise:
4.1 injury or damage to the Equine while in the
custody or control of the Carrier;
4.2 delay in delivery of the Equine;
4.3 failure to follow any instruction or direction
of the Customer.
5 Insurance
It is the
responsibility of the Customer at all times to maintain a policy of
insurance in respect of injury to or death of the Equine for the
duration of the transportation being undertaken by the Carrier.
6 Route
The Carrier
may carry the Equine by any route and may at the Carrier’s
discretion employ a mode of transport other than a motor vehicle for
the whole or any part of the carriage.
7 Delivery
The Carrier’s
obligations in relation to delivery are as follows:
7.1 to deliver the Equine to the Delivery Address
or if notified in reasonable time, to another location as stipulated
by the Customer;
7.2 Where an alternative Delivery Address is
necessary the Customer accepts and agrees to pay all additional
costs and expenses;
8 Payments
8.1 Unless otherwise agreed in writing, payment is
due in full on or before [Collection] [Delivery] of the Equine.
8.2 If payment is not received on or before the
agreed time, interest shall be paid at the rate of 5% above the base
rate of Barclays Bank Plc from the due date for payment of the
invoice.
9 Jurisdiction
The parties
agree that these terms and conditions shall be interpreted and
construed in accordance with the laws of England and Wales and shall
be subject to the jurisdiction of the English courts.
Please note
that ECS Horse Transport always recommend that their Customers
obtains insurance cover in respect of injury to or death of the
Equine for the duration of transportation.
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