Shipper desires to engage the services of Carrier to satisfy the distinct and stated needs of Shipper.
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:
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.
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..
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. Delays in loading, unloading or in transit, not caused by Carrier operations, will be compensated to Carrier according to rates published in "Pricing" section under "Handling Charges" and "Layover". Shipments requiring a layover by the Carrier, at the request of Shipper, waiting to load or unload or for any documents needed to complete shipment, will allow a maximum of 48 hours at the published Layover rate ($125) then a daily rate of $500 will apply for each subsequent 24 hour period or fraction thereof plus the daily layover rate. Horses being shipped over 2000 miles one-way may be required to layover at a Carrier designated facility for a minimum of ten (10) hours. Actual charge 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, then 100% of deposit is non-refundable. If invoiced amount was paid in full prior to pickup then amount paid in full less $100 deposit will be refunded less a cancellation fee of $1.25 per mile from dispatch point to actual pickup point if Carriers equipment was in route for pickup at time of cancellation.
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 Five (5) business days via the chosen payment method by Shipper under "Terms" stated on invoice
5. 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.
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 at Booking. 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 actual delivery.
7. 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 $5,000 per horse. 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)
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 parties. No 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.
S HORSE TRANSPORT SERVICES