In order to obtain my licence & higher level insurance I have to publish a set of Terms & Conditions. These
T&C's are standard for any reputable Horse Transport Company
Jez Dance Horse Transport ("JD") is in the business of transporting equine livestock and goods
throughout Europe. All business conducted by JD is transacted subject to the terms and conditions set out below which will be deemed to be incorporated in and to be a conditions of any
agreement between JD and its clients. No agent or employee of JD has the authority to alter or vary these conditions.
The word "client" in these conditions means the person or firm at whose request JD has agreed to arrange the carriage of
livestock/goods whether or not such person or firm is the owner or consignor of the livestock/goods.
Cancellation of a confirmed booking must be communicated directly to JD no less than 48 hours prior to 09:00 hours on the agreed
pick up date. At JD’s discretion, a fee will be payable where less than 24 hours notice is given.
The client warrants that he is either the owner of the livestock or goods consigned or is the authorized agent of such owner and
accepts these conditions for himself and for those for whom he is acting. JD shall not be bound to recognise any title to the livestock in any person other than the client. Should JD however receive
evidence which in its absolute discretion JD may deem sufficient to establish title in any person other than the client JD may if it desires act upon such evidence, but shall not incur any liability
to the client or to any other person by reason of so acting.
Any instructions given to JD may in the absolute discretion of JD be complied with by JD itself by its own servants performing
part or all of the relevant services or by JD employing or instructing or entrusting the livestock / goods to others on such conditions as such others may stipulate to perform part or all of the
services.
JD reserves absolute discretion as to the means route and procedure to be followed in the handling, storage and transportation of
livestock / goods. Further if in the opinion of JD it is at any stage necessary or desirable to depart from the planned means route or procedure JD shall be at liberty to do so without incurring any
liability whatsoever.
If it is or becomes necessary to board the livestock before delivery to its final destination or where owing to circumstances
beyond the control of JD there is delay in forwarding the livestock or until payment of any sum due in respect of such livestock is received the cost of such board and expenses incidental thereto
including any necessary medicine or veterinary treatment shall be payable by the client without prejudice to JD's rights against any other person.
All price quotes are given on the basis of immediate acceptance and are subject to the right of withdrawal or revision by JD at
any time thereafter. Any increase in cost, whether insurance or freight charges, shall be passed on to the client at JD’s discretion.
The client shall be deemed to be bound by and to warrant the accuracy of all descriptions values and other particulars provided to
JD for customs, consular and other purposes and the client undertakes to indemnify JD against all losses damages expenses and fines arising from any inaccuracy or omission howsoever arising.
All duties taxes imposts or levys of any kind levied by the authorities at any port or place for or in connection with the
livestock / goods and any payments fines expenses loss or damage incurred or sustained by JD in connection therewith and any expenses properly incurred in relation to any livestock after arrival at
the port of destination before delivery to the consignee are payable by the client
No insurance will be procured by JD. Clients are advised to procure their own transit insurance for the entire journey and
for all goods and livestock being transported. JD accepts no liability for any failure of the client to procure sufficient insurance.
Livestock and goods are accepted by JD at the sole risk of the client and JD its servants and agents shall be under no liability
in contract tort or otherwise for the death illness escape of or injury to any livestock and damage to any goods howsoever occurring nor for any loss or damage suffered by the client or anyone
claiming through him by reason of anything done or omitted to be done by JD its servants or agents in connection with such livestock or goods nor shall JD be under any liability for any delay or
consequential loss or loss of value however caused.
When collection or delivery of the livestock takes place, JD shall not be under any obligation to provide any equipment, plant,
power or labour required for the loading or unloading at such premises;
JD shall not be required to provide service beyond the usual place of collection or the Destination but if any such service is
given by JD it shall be at the sole risk of the client who shall indemnify and hold harmless JD against all claims and demands whatever which could not have been made if such service had not been
given.
JD and its employees will take all reasonable precautions; however, in the event of an accident the client is personally liable
for their livestock and any goods consigned, in the event of injury or damage sustained to or by the livestock or goods consigned. Any damage to the vehicle must be paid for and the owner will be
liable to cover the cost of any repairs
JD shall be discharged from all liabilities:
For loss of or from a package or an unpacked consignment or for damage deviation or mis-delivery (however caused) unless notice be
received in writing within (5) five working days after the end of the transit where the transit ends in the British Isles or within (10) ten working days after the end of the transit where the
transit ends at any place outside the British Isles.
For loss or non-delivery of the whole of a consignment or any separate livestock / package forming part of the consignment
(however caused) unless notice be received in writing within 28 days of the date when the livestock / goods should have been delivered.
If the client or any employee servant or agent or other person authorised by the client travels by transport arranged or provided
by JD or its agents JD is under no liability to him or his representatives for the loss of life personal injury or delay of or loss or damage or delay to his property however caused or for any loss
however arising.
Although every effort is made to provide food and water to all livestock while in transit. JD is under no obligation or liability
beyond those imposed by the laws of England and Wales to feed and water livestock during transit. JD will however arrange the feeding and watering of livestock at the expense of the client if in the
opinion of JD it is reasonable to do so without incurring liability for any consequences thereof.
JD reserves the right to seek veterinary treatment for any livestock being transported; any treatment will be at the expense of
the client. In such event, all effort will be made to contact the client to authorise treatment, however, the interests of the livestock will be paramount in such circumstances. JD also
reserves the right to authorise the euthanasia of any livestock where the attending veterinary surgeon deems such action as necessary on humane grounds and in the event the 'client' is not
contactable.
Livestock and goods delivered to JD shall be held by it subject to a lien not only for JD's charges in respect of the particular
livestock or goods but also for any general balance of account due from the client. In the event of any charges or other monies due from the client to JD not being duly paid JD may in its absolute
discretion at any time while the livestock is in its possession custody or control after giving such notice as may be practicable sell or otherwise dispose of the livestock and out of the proceeds
arising from the sale or other disposition there of retain all sums due and owing to JD from the client at the time of the receipt by JD of such proceeds or thereafter accruing together with the
costs charges and expenses incurred by JD in the disposal of the livestock and / or goods and this condition shall be without prejudice to the right of JD to recover from the client any monies
including such costs charges and expenses that may be due to JD.
In addition to and without prejudice to the foregoing conditions the client undertakes that he shall in any event indemnify JD
against all liabilities suffered or incurred by JD arising directly or indirectly from or in connection with the client's instructions or their implementation or the livestock/goods and in particular
the client shall indemnify JD in respect of any liability it may be under to any servant agent or subcontractor or any haulier carrier warehouseman or other person whatsoever at any time involved
with the livestock / goods arising out of any claim made directly or indirectly against any such party by the client or by any sender consignee or owner of the livestock / goods or by any person
interested in the livestock / goods or by any other person whatsoever.
All monies owed to JD are payable on demand. JD reserves the right to charge interest on any account which remains unpaid for 30
days or more such interest to be calculated on a daily basis commencing 30 days after the date of any invoice rendered by JD at the rate of 10% per annum.
Any dispute arising out of or in connection with these terms and conditions is governed by the laws of England and any dispute
shall be finally resolved by the English courts.