| Please
read our Conditions of Transport, as by booking with Rudd's
Horse Transport, you will be bound by these conditions of Transport. |
Conditions
of Transport
- "Carrier" shall
mean Rudd’s Horse Transport
" Sub-contractor" shall mean and include:
Any other person, firm or company with whom the carrier may arrange
the carriage of goods the subject of this Contract and any person who
is now or hereafter a servant, agent, employee or sub-contractor thereof;
Any person, firm or company with whom the Carrier may arrange to have
the goods including livestock the subject of any carriage contract
stores and/or agisted and/or liveried and any person who is hereafter
a servant agent employee or sub-contractor thereof.
" Goods” shall include livestock of every description.
- The
Carrier is not a common carrier and will accept
no liability as such. All goods are carried or
transported including all storage agistment livery
and other services by the Carrier subject only
to these conditions and the Carrier reserves the
right to refuse to carry or transport goods for
any person, corporation or company at its absolute
discretion.
- The
Consigner hereby authorises the Carrier to arrange
with a sub-contractor for the carriage of any goods
the subject of this contract. Any such arrangement
shall be deemed to be ratified by the Consignor
upon delivery of the said goods to such sub-contractor
who shall thereupon be entitled to the full benefit
of these terms and conditions to the same extent
as the Carrier. The Consignor hereby expressly
agrees and acknowledges that insofar as it may
be necessary to ensure that sub-contractor shall
be so entitled the Carrier shall be deemed to enter
into this contract for its own benefit and also
as agent for the sub-contractor.
- If
the consignor instructs the Carrier to use a particular
mode of carriage the Carrier will use its best
endeavours to use same provided if that method
or means is unavailable at the date of planned
movement then subject to further instructions from
the Consignor, providing he is readily available
to the Carrier, the Carrier shall be entitled to
use its discretion to adopt some alternative method
or means and the Consignor shall be deemed to authorise
the Carrier to carry or have the goods carried
by such other method or means.
- The
Consignor hereby authorises any deviation from
the usual route or manner of cartage of goods which
may in the absolute discretion of the carrier be
deemed reasonable or necessary in the circumstances.
- Unless
otherwise expressly agreed in writing no responsibility
at law in tort, contract or otherwise (whether
or not in any way occasioned by or due to the negligence
of the Carrier) shall be accepted by the Carrier
for any loss, damage, or misdelivery of or failure
to deliver or delay in delivery of goods either
in transit, storage, agistment, livery or alteration
or carriage for any reason whatsoever.
- The
Carrier shall not be obliged to insure against
any loss of or damage to, misdelivery of, failure
to deliver or delay in delivery of goods.
- The
charges of the Carrier shall be considered earned
as soon as the goods are in the hands of the Carrier,
its servants or agents.
- The
Consignor expressly warrants with the Carrier that
the Consignor is either the owner or the authorised
agent of the owner of all goods the subject matter
of carriage and by entering into any arrangement
to carry the goods the Consignor expressly accepts
these conditions of carriage as owner or agent
of the owner.
- These
conditions shall be governed and construed in accordance
with the laws of the State of Queensland.
- Notwithstanding
anything herein contained, the Carrier shall continue
to the subject to any implied warranty provided
by the Trade Practices Act of 1974 (as amended)
if and to the extent that the said act is applicable
to this contract and prevents the exclusion, restriction
or modification of that warranty.
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