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
Shippers needs as provided for herein, at the rates set forth herein. Delivery
instructions shall be prepared by the Shipper (Booking Request Form @
www.circleshorse.com ) 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) and associated
tack, food and/or equipment (up to 150 lbs free of charge) tendered for
transportation to Carrier shall be evidenced by a delivery receipt prepared by
the Carrier and signed by the Shipper, and Consignee or its agent or employees.
3. TRANSPORT
OPERATIONS: 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. Carrier will
transport all shipments in a direct and time efficient manner.
Horses being shipped over 2000 miles
one-way will be required to layover at a Carrier designated facility for a
minimum of ten (10) hours. OvernightStabling.com directory will be used as
facility locater. A charge of $25 per horse will be invoiced to Shipper after
verbal approval by Shipper prior to or during transit.
If Shipper cancels Contract, whether directly or indirectly, within 48 hours of pickup date stated on invoice next to "ORIGIN", then 100% of deposit is non-refundable. Carrier can cancel the shipment at point of pickup for reasons relating to safety or contract non-compliance, after communicating same to Shipper.
All cancellations prior to 48 hours of scheduled departure will be refunded 100% within two (2) business days via the chosen payment method by Shipper under "Terms" stated on invoice.
. .
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.
COMPENSATION FOR SERVICES: Personal or
Company checks will not be accepted as payment for services rendered. Shipper
will choose form of payment as offered on Carriers Booking Request.
Shipper agrees to compensate Carrier in
full for services performed under this Agreement in accordance with applicable
rates and charges. Payment, at booking $100.00, shall be made
by Shipper directly to Carrier. Final or full payment is due no later than
pickup 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 requested hereunder in a timely manner prior to pick up date agreed
upon.. Any claims in respect to 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 overcharge or other adjustment is
delivered within thirty (30) days following the date of the invoice to which any
such claims relates.
6. INSURANCE: It is agreed and understood between the parties that Carrier
will carry Liability and Cargo 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 Shippers 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 Carriers actions while in transit.
CARRIER STRONGLY RECOMMENDS TO SHIPPER
THAT INSURANCE BE PURCHASED BY SHIPPER TO FIT THE NEEDS OF THE HORSE(S)
TRANSPORTED.
7. 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.
8. 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
