Agreement Definitions
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.
Goods means the horse(s) or animal(s) being transported as part of the Services and, where applicable, the Additional Items.
Carrier means High Line Equestrian and Transport Limited.
Consignor means the person or entity requesting the Services from the Carrier.
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.
Payment Terms
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On completion of booking form – an invoice will be sent with confirmation of transportation which will be paid to Carrier prior to shipment of said horse(s).
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Any contract cancelled within 24 hours of departure will pay 50% of costs. Any contract cancelled within 12 hours of departure may be charged the full cost.
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You agree to be liable for all fees and charges incurred in the provision of services, including vet fees and are liable for payment in full as above unless agreed otherwise in writing, in this case payment is required in full no later than 7 days following the date of carriage.
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Difficult loaders are charged at $100 per hour after the first 20 minutes and we reserve the right to decline transport at any given point, including once loaded should their behaviour become a safety issue. This will incur a 50% fee.
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If horse is unable to be loaded after an hour of trying, you are still liable to pay 50% of the transport costs and $100 hard loading fee.
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If we are required to wait for a loading person who more than 15 minutes later than the agreed pick up time – you will be charged $100 unless prior arranged. Please ensure horse is caught and ready to go, we ensure to try keep you as updated as we can.
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We reserve the right to charge interest on any unpaid invoices and will be charged at the rate of 2% per month, charged monthly.
Insurance
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Insurance of the goods is the responsibility of the Consignor, not of the Carrier.
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The Consignor is acknowledges the Carrier is not responsible for the horses insurance.
Pick Up and Delivery
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Feed which may include any mix of hay, balage, grass and water is provided through the travel and stops this included in our pricing. Should your horse require special feed this is to be provided at pickup.
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While we will endeavour to deliver your horse on time, we reserve the right to delay, cancel, postpone or alter our travel plan prior to or while in transit for any reason not limited to weather related or road conditions including the ferry crossing without incurring any liability for that delay. This may include altering a planned trip course to exclude a pick up or drop off point.
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All horses must be provided with a halter. Lead ropes are not required however if sent we will not be responsible for passing the correct one upon unloading. We recommend packing lead ropes with gear being transported.
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Access for pickup and drop off must be clear and free of trees, vehicles or any other hazard. Bookings must include hazards at both pickup or drop-off including low hanging trees, narrow gateways and drives and small or no turn around areas. The driver will make his or her own determination as to the suitability on arrival and may request the horse be loaded/unloaded at the gate.
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You agree that you have the legal right to transport the horse and any other goods being transported and that they are fit to withstand the risks associated with their transport. That transport may involve one or more stops which may from time to time be of an extended nature and your horse will be regularly fed and watered and where practical and possible given the opportunity to stretch their legs during this time.
Carriage of Additional Items
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The Carrier may carry extra items for the Consignor at sole discretion.
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If the Carrier agrees to transport additional Items with the Goods, the Carrier does so at the Consignor’s risk. The Carrier will not be liable for any loss or theft of or damage to the additional Items, regardless of how that was caused.
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The Consignor indemnifies the Carrier from and against any and all losses, damages, costs, actions, proceedings, claims and demands which the Carrier may incur or suffer as a direct or indirect result of the transportation of the additional Items by the Carrier. This includes, but is not limited to, any damage to the Consignor’s or any other person’s vehicles or property and any fines or penalties incurred by the Carrier relating to the transportation of the additional Items. This indemnity will continue to apply after the termination of this contract of carriage.
Consumer Guarantees Act 1993
Limited Carriers Risk
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This contract of carriage is at limited carrier's risk, and subject to the provisions of the Act imposing liability in respect of the loss or damage to the goods:
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The Carrier shall not be under any liability howsoever caused or arising and (without limiting the generality of the foregoing) whether caused or arising as a result of the negligence of the Carrier, breach of contract or otherwise for any damage or loss, deterioration, mis-delivery, delay in delivery of the goods (whether the goods are or have been in the possession of the Carrier or not), nor for any instruction, advice, information or service given or provided to any person, whether in respect of the goods or any other thing or matter, nor for any direct, consequential or indirect loss, loss of market, loss of potential winnings or consequences of delay.
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The Consignor will indemnify and shall keep indemnified the Carrier from all claims of any kind whatsoever, howsoever caused or arising and (without limiting the generality of the foregoing) whether caused or arising as a result of the negligence of the Carrier, breach of contract or otherwise, brought by any person in connection with any matter or thing done, said or omitted by the Carrier in connection with the goods.
Actions against the Carrier
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The Carrier shall be under no liability whatsoever unless: a. Written notice of any claim, giving full particulars of any alleged damage or destruction, is received by the Carrier within fourteen (14) days after the delivery of goods or, in the case of the goods not being delivered, within three (3) months of the earlier of the date of collection of the goods or the date of estimated intended and booked collection of the goods;
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An action shall have been commenced by the Consignor in a Court of competent jurisdiction within 6 (six)months from the earlier of the date of collection of the goods or the date of estimated intended and booked collection of the goods.