THE FOLLOWING CONDITIONS APPLY TO ALL CONTRACTS FOR CARRIAGE OF GOODS IN WHICH BB HORSE TRANSPORT ABN 11584078 ACTS AS CARRIER. THE PLACING OF ANY ORDER BY A CONSIGNER WITH CARRIER OF GOODS (WHICH IF ACCEPTED BY THE CARRIER) SHALL CONSITUTE ASSENT BY THAT CONSIGNOR TO BE BOUND BY THE CONDITIONS HEREIN.
1. In these Conditions "Carrier" shall mean BB Horse Transport ABN 11584078 and it's agents. "Consignor" shall mean the person, firm, body, corporation or company who places an order with the Carrier for the carriage of the goods. "Goods" means the goods, which are subject of this Contract and shall include horses and any other incidental items or accessories with them. "Carriage" shall mean where the contexts permits the dispatch , pick-up, carriage, transportation, agistment, resting, temporary depasturing, livery, or any other service performed by the carrier in relation to the Goods. The same meaning shall be attributed to the words "Carry" and "Carried" when used in this contract.
2. THE CARRIER IS NOT A COMMON CARRIER and will accept no liability as such. All Goods are carried by the carrier subject to only these Conditions and the Carrier reserves the right to refuse the carriage of Goods for any person, firm, body corporation or company and the carriage of any class of Goods at its discretion without signing any reason therefore.
3. The Carrier reserves the right at its absolute discretion to the carry Goods by any route it sees fit The Carrier in its absolute discretion and without assigning any reason therefore, may deviate from or alter, at any time the route chosen by it for the carriage of the Goods. The Consignor hereby authorises any deviation(s) or alteration(s) which shall be deemed necessary and reasonable in the circumstances.
4. The Goods are at the risk of the Consignor at all times and under no circumstances does the Carrier undertake to insure or arrange for the insurance of the Goods against any insurable risk whatsoever.
5. All goods are carried, transported, stored or agisted at the risk of the consignor and under no account at the risk of the carrier. The carrier will not be in any way liable or responsible for any loss or damage directly or indirectly resulting from any damage or injury to, loss, or failure to deliver, misdelivery of or delay in delivery of any goods howsoever caused whether in tort or contact due to the negligence of the carrier, or agents or otherwise.
6. The Consignor hereby agrees to indemnify the Carrier in respect of any loss, damage or injury caused to the Carrier or any other person or any property of the Carrier or any other person by the goods during the Carriage thereof and further agrees to indemnify and keep the Carrier indemnified against all damages, actions, claims, suits and demands made by any person in respect of such loss, damage or injury.
7. The Carrier's charges shall be considered earned as soon as the Goods are received into the hands of the Carrier. The Consignor (notwithstanding that it may not be the owner of the Goods) will be and remain responsible to the Carrier for all its proper charges incurred for any reason whatsoever in relation to the Carriage of the Goods.
8. The Consignor warrants that any person who places an order with the Carrier for the Carriage of Goods on behalf of the Consignor is authorised to do so by it.
9. This Contract shall apply to the carriage of the Goods until the Goods are delivered to the address for delivery given to the Carrier by the Consignor.
10. The Carrier is authorised to pick up the Goods from the address for collection and to deliver the Goods to the address for delivery given to the Carrier by the Consignor and shall be taken to have delivered the Goods for the purpose of this Contract if, at the said address it obtains form any persons receipt or a signed delivery order or acknowledgement of delivery for the Goods OR the Carrier delivers to the Consignor a certificate in writing signed by a duly authorised representative to the Carrier that the Goods were delivered at the address for the delivery given to the Carrier by the Consignor.
11. It is the responsibility of the Consignor to give the Carrier the correct address for pick up and for delivery and to arrange for a responsible persons to be present at those addresses at the time of pick up and delivery to enable the Carrier to pick up the Goods and make effective delivery and the Carrier shall not be liable for any delay in onward carriage or delivery of loss or damage resulting from the Consignor's failure to comply with this condition. Any further costs with failure to adhere to this clause will be met by Consignor.
12. The Consignor shall comply with all the relevant laws, customs, and regulations of the Commonwealth of Australia and any State or Territory. The Carrier accepts no responsibility for any damage, loss or expense incurred due to the Consignor's failure to comply with such laws, customs and regulations.
13. If the Goods are not accepted for delivery when tendered, the Carrier may hold the Goods as bailee and shall be entitled to storage fees at normal rates charged by the Carrier AND as bailee shall not be under any liability for any loss of or damage of the Goods howsoever caused, OR at its discretion the carrier may return the Goods to the Consignor at the cost and risk of the Consignor.
14. This contract shall be governed in all respects by and construed according to the law of the state of New South Wales and the parties hereto hereby agree to submit to the jurisdiction of the Courts of the said state.
15. No purported variations or modification of this Contract shall have any effect unless in writing signed by the Carrier. It is acknowledged by the parties in this contract that these conditions and any lawful variation thereof shall constitute the entire agreement between the parties." In writing" for the purposes of this Contract shall mean by way of letter, fax or email sent to the last known business/email address of the receiving party