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TERMS AND CONDITIONS OF CARRIAGE

1.             DEFINITIONS

In these terms and conditions:

Carrier means Steven James Stiles and Margaret Ann Townsend carrying on business under the business name of style of “IDANO HORSE TRANSPORT: and their servants, agents subcontractors.

“Carriage” means the whole of the operations and services undertaken by the Carrier or any person on behalf of the carrier in respect of the goods, including but without the limiting the generality hereof storage of the goods.  “Dangerous Goods” means goods which are or may become dangerous, inflammable or damaging, or which are or may become liable to damage any property whatsoever.

“Goods” means the property from time to time accepted by the carrier from the consignor for carriage and includes any container or packaging supplied by or on behalf of the consignor.

“Person” includes a corporation, company, partnership or any other entity.

“Subcontractor” includes any person who pursuant to an contract or arrangement with any person (whether or not the carrier) performs or agrees to perform the carriage or any part thereof.

2.             NEGATION OF LIABILITY OF AS A COMMON CARRIER

The carrier is not a common carrier and will accept no liability as such. All goods are carried and all storage and other services are performed by the carrier subject only to these conditions and the carrier reserves the right to refuse the carriage of goods for any person, corporation, company or other entity and the carriage of any class of goods at its discretion.

3.             GOVERNING LAW

3.1  This agreement is governed by and is to be construed in accordance with the laws of the State of Queensland.

3.2  Each party irrevocable and unconditionally submits to the non exclusive jurisdiction of the courts of Queensland and Courts entitled to hear appeal from those Courts.

4.0          CONSIGNOR’S WARRANTIES

4.1  The consignor warrants that:-

                       (a) The goods are fit for carriage and storage and have been suitable packaged for those purposes;

                       (b) The Consignor has the authority of all persons owning or having any interest in the goods to enter into this Contract on their behalf;

                       (c) The person delivering any goods to the Carrier for carriage and/or storage is authorised to sign this document for the consignor and by such signature or by the signature of any other person acting for or on behalf of the consignor the Consignor accepts these terms and conditions.

                       (d) The value of the goods does not exceed the price for carriage under this contract, and the consignor indemnities the carrier in respect of any liability whatsoever in respect of the goods to any person (other than the consignor) who claims to have, who has, or may hereafter have any interest in the goods or part thereof.

5.0          RIGHT TO SUBCONTRACT

The carrier at its discretion may subcontract on any terms the whole or any part of the carriage.

6.0          EXTENSIONS OF EXEMPTIONS TO SUBCONTRACT

6.1  The consignor agrees that no claim or allegation shall be made against any servant, agent, or subcontractor of the carrier which imposes or attempts to impose such person any liability whatsoever arising out of or in any way connected with the goods and/or the carriage thereof whether or not arising out of negligence or a wilful act or omission on the part of any of them and if such a claim or allegation should nevertheless be made to indemnity the carrier against all consequences thereof.

6.2  Every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defence and immunity of whatsoever nature applicable to the carrier or to which the carrier is entitled hereunder shall also be available and shall extend to protect:-

                       (a) All subcontractors;

                       (b) Every servant or agent of the carrier or of a subcontractor;

                       (c) Every other person (other than the carrier) by whom the carriage or any part thereof its undertaken;

                       (d) All persons who are or might be vicariously liable for the acts or omissions of any person falling within (a), (b) or (c) hereof;

And for the purpose of this clause the carrier is or shall be deemed to acting or trustee on behalf of and for the benefit of all such persons and each of them and all such persons and each of them shall to this extent be or be deemed to be parties to this contract.

7.0          ROUTE AND DEVIATION

7.1  The consignor authorises any deviation from the usual route or manner of carriage of goods which may in the absolute discretion of the carrier be considered desirable or necessary in the circumstances.

7.2  If the consignor expressly or impliedly instructs the carrier to use, or it’s expressly or impliedly agreed that the carrier will use a particular method of handling or storing the goods or a particular method of carriage, the carrier will give priority to that method but if it cannot conveniently be adopted by the carrier the consignor hereby authorises the carrier to handle or store or to carry or to have the goods carried by another method or methods.

8.0          DELIVERY

8.1  The carrier is authorised to deliver the goods at the address nominated to the carrier by the consignor for that purpose and without prejudice to the foregoing it is expressly agreed that the carrier shall be conclusively presumed to have delivered the goods in accordance with this contract if at the address he obtains from any person a receipt or signed delivery docket for the goods.

8.2  If the nominated place of delivery should be unattended or if delivery cannot be otherwise effected by the carrier or the consignor otherwise fails to take delivery of the goods the carrier may at its option deposit the goods at that place (which shall be conclusively presumed to be due delivery hereunder) or store the goods and if the goods are stored by the carrier the consignor shall pay or indemnify the carrier for all costs and expenses incurred in or about such storage.

9.0          LIABILITY OF CARRIER

9.1  The consignor acknowledges and agrees that neither the carrier nor any servant or agent or subcontractor of the carrier not any other person who carries the goods at any time pursuant to this contract shall in any circumstances (except where any statute otherwise requires) be under any liability whatever (whether in contract, tort or otherwise) for any personal injury or loss or damage to or misdelivery, delay in delivery or non delivery of the goods or any of them whether in transit or storage or otherwise for any consequential loss or injury of any kind whatever whether such personal injury, loss, damage, misdelivery, delay in delivery, non delivery or consequential damage or injury is caused or alleged to have been caused by the negligence or wilful act or default of the carrier or its servants or agents, its subcontractors or by any cause whatever.

9.2  The carrier shall be entitled to the benefit of the exclusion of liability provided for herein even if it is proved that the loss or damage resulted from an act or omission done with intent to cause damage or recklessly and with knowledge that damage would probably result.

9.3  Nothing whatsoever done or omitted to be done or other conduct by the carrier in breach of the contract or otherwise shall under any circumstances constitute a fundamental breach of the contract, or a repudiation of the contract such as to have the effect of disentitling the carrier from obtaining the benefit of and enforcing all rights, defences, exceptions, immunities and limitations of liability of the carrier contained in these conditions, and all such rights, defences, exceptions, immunities, limitations of liability and like protection shall continue to have full force and effect in any event whatsoever.

10.          GENERAL LIEN

The goods are accepted subject to a general lien for all charges now due or which may hereafter become due to the carrier by the consignor or any account, whatsoever, whether in respect of the goods comprised herein, or in respect of any other goods for which the carrier provides or has provided services of carriage.

11.          CARRIER’S CHARGES

11.1  The carriers charges shall be deemed fully earned on receipt of the goods by the carrier and are non-refundable in any event.

11.2  Any special instruction given by the consignor to the effect that charges shall be paid by the consignee shall be deemed to include stipulation that if the consignee does not pay the said charges within seven days of the date of delivery or attempted delivery of the goods the consignor shall pay the said charges.

12.          DANGEROUS GOODS

12.1  If the carrier accepts dangerous for carriage, such goods must be accompanied by a full written declaration disclosing the nature of such goods.

12.2  The consignor shall indemnify the carrier against all loss including (including consequential loss) damage or injury howsoever caused arising out of the carriage of any dangerous goods whether declared as such or not and whether or not the consignor was aware of the nature of the goods.

12.3  If in the opinion of the carrier, the goods are liable to become dangerous and/or flammable and/or damaging nature, the goods may at any time be destroyed, disposed of, abandoned or rendered harmless without compensation to the consignor and without prejudice to the carrier’s right to charge for the carriage of the goods.

12.4  The consignor warrants that it has complied with all laws and regulations relating to the nature, packaging, labelling or cartage of any dangerous goods and that the said goods are packed in a manner adequate to withstand the ordinary risks of carriage having regard to their nature and agree to indemnify the carrier for any liability whatsoever as a result of or arising out of the consignor’s failure to comply with each of these warranties.

13.          NOTIFICATION OF CLAIM

Notwithstanding any other provision hereof (other than Clause 15) the carrier shall in any event be discharged from all liability whatsoever in respect of the goods unless notice of a claim or intended claim (together with particulars of the circumstances on which the claim is based) is given to the carrier without fourteen (14) days from the delivery of the goods or from the date on which in the ordinary course of business, delivery would have been effected.

14.          PROVISIONS SEVERABLE

The parties acknowledge and agree that if any provision of this contract in unenforceable, such unenforceable shall not affect any other part of such provision or any other provision hereof.

15.          TRADES PRACTICES ACT

Not withstanding anything herein contained the carrier shall continue to be subject to any implied warranty provided by the Trades and Practices ACT 1974 (as amended) if and to extent that the said Act is applicable to this contract and prevents the exclusion, restriction or modification of any such warranty.

16.          ENTIRE AGREEMENT

This agreement set out the entire agreement of the parties with respect to its subject matter. No other agree, warranty or representation, express or implied has been given or made by the parties with respect to the carriage of goods.

17.                INTERPRETATION

17.1  Headings are inserted for ease of reference only and shall be disregarded in the interpretation of this contract.

17.2  Words importing the singular include the plural and vice versa and words importing gender include other genders.

17.3  Where the consignor or consignee comprise two or more persons and agreement or obligation and to be performed or observed by the consignor or consignee binds those persons jointly and severally.