WHEREAS, Shipper desires to engage the services
of Carrier to satisfy the distinct and stated needs of Shipper.
NOW, THEREFORE, In consideration of the mutual
promises contained herein and the compensation to be paid according
to the terms hereof, the parties hereto agree as follows:
1. TRANSPORTATION
COORDINATION SERVICES:
Carrier agrees to provide services to Shipper as described herein under
contract, in equipment designed to meet Shipper?s needs as provided
for herein, at the rates set forth herein. Delivery instructions shall
be prepared by the Shipper (Booking Form online) and followed as closely
as is reasonable under the circumstances by the Carrier. Each shipment
shall be evidenced by a completed bill of lading in a form provided
by the Carrier, signed by the Carrier, Shipper and Consignee or its
agent, showing the kind and quality of horse(s) received and delivered
by Carrier at the loading and unloading points respectively. CONTRACT
MUST BE SIGNED ONLINE OR VIA FAX PRIOR TO PICKUP.
2. RECEIPTS:
Delivery of the horse(s) tendered for transportation to Carrier
shall be evidenced by a delivery receipt prepared by the Carrier and
signed by the Shipper, Carrier and Consignee or its agent or employees.
3. MINIMUM TENDER:
The Carrier agrees to accept shipments and to transport and deliver
each shipment promptly and efficiently as directed by the Shipper, subject
to the terms and conditions herein. If shipper cancels trip within 48 hours of pickup date stated on invoice next to "ORIGIN", then 100% of deposit is non-refundable.
4. FORCE MAJEURE:
It is agreed that in the event of a riot, fire, war, Act of God, governmental
regulations, or other causes beyond the reasonable control of the parties,
which event makes performance under this Agreement impossible, the terms
of this Agreement shall be suspended during the period of such event
or events, and neither party shall be liable for failure to perform.
5. AGENT STATUS:
If Carrier cannot provide owned equipment to cover transport request,
Shipper hereby allows Carrier to act as an Agent, under MC328347B broker
authority, to find equal to or better than transportation services with
associate carriers located throughout the United States. Such arrangements
made by Carrier on Shippers behalf will be communicated to Shipper prior
to pick up of contracted animals. Billing to Shipper and payment to
Associated Carriers will be handled solely by Carrier on Shippers behalf.
Carrier agrees to assist Shipper in all disputes arising from transport
services performed by Associated Carriers.
6. COMPENSATION
FOR SERVICES: Shipper agrees to compensate Carrier in full
for services performed under this Agreement in accordance with applicable
rates and charges, including all conditions set for in Appendices hereto.
Payment, at booking of 50% for such services, shall be made by Shipper
directly to Carrier. Final or full payment is due no later than actual
delivery of horses transported under this agreement and in compliance
with appropriate State and Federal regulations. If payment is not received
at actual delivery, horses will not be delivered and a lien will be
placed against the horse(s) for possible sale at auction to recover
charges and expenses associated with collection of original invoiced
amount. Lien to be placed in compliance with local and state regulations.
Carrier shall invoice Shipper for services rendered hereunder in
a timely manner prior to pick up date agreed upon.. Any claims in respect
to any overcharge, undercharge or any other adjustment to any invoiced
amount hereunder shall be deemed to have been waived unless written
notice of any claim in respect of any undercharge, overcharge or other
adjustment is delivered within sixty (60) days following the date of
the invoice to which any such claims relates.
7. INSURANCE:
It is agreed and understood between the parties that Carrier will carry
Cargo Legal Liability insurance which in the event that the Carrier
is found to be legally obligated to pay for the death or injuries rendering
death necessary and when caused by fire, explosion, collision or overturn
of the transporting vehicle, as well as theft, and will pay no more
than Fair Market Value of the horse or a maximum of $25,000 per load.
Carrier and Shipper agree that horses are unpredictable while being
subject to any activity outside their natural environment. Being transported
in a horse trailer is not part of a horses natural environment. Therefore
Carrier shall not be liable for injuries incurred to Shipper?s horse
while in transit that may result as a direct action of Shippers horse
or any other horse on board. Carrier shall be responsible to attend
to injured horse(s) in a timely manner and to notify Shipper of incidents
while horse is in Carriers possession. Shipper agrees to compensate
Carrier for all expenses that are not a direct result of Carrier?s actions
while in transit.
Carrier and Shipper agree that if Carrier arranges for another hauler
to transport Shipper?s horse(s), Carrier will not assume any liability
of the Sub-contracted Carrier performing the transportation. Such sub-contracted
Carrier will have equipment equal to or better than Carrier. CARRIER
STRONGLY RECOMMENDS TO SHIPPER THAT INSURANCE BE PURCHASED BY SHIPPER
TO FIT THE NEEDS OF THE HORSE(S) TRANSPORTED.
8. MODIFICATION
OF AGREEMENT: No modification of this agreement and no
waiver of its terms shall be valid or binding unless in writing and
signed by all partiesNo modification of this agreement and no waiver
of its terms shall be valid or binding unless in writing and signed
by all parties.
9. APPLICABLE
LAW:The laws of the State of Florida shall apply, except
as Federal law or regulations may conflict, in which case the latter
shall take precedence with regard to the terms of this Agreement.
CIRCLE
S HORSE TRANSPORT SERVICES
