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1. All business undertaken by Mark Perry’s International &
National Horse Transport is transacted subject to the
conditions set out below which will be deemed to be
incorporated in and to be a condition of any agreement
between MPINHT and its customers. MPINHT is not a common
carrier and only deals with horses subject to these
conditions. No agent or employee of the Company has the
Company's authority to alter or vary these conditions.
2. The customer warrants that he is either the owner of the
horses consigned or is the authorized agent of such owner
and accepts these conditions for himself/herself and for
those for whom he/she is acting. MPINHT shall not be bound
to recognise any title to the horses in any person other
than the customer. Should MPINHT however receive evidence
which in its absolute discretion MPINHT may deem sufficient
to establish title in any person other than the customer
MPINHT may if it desires act upon such evidence, but shall
not incur any liability to the customer or to any other
person by reason of so acting.
3. The customer will provide a legal passport for the horse
at the time of transport. No horse will be allowed to load
without a passport.
4. No refunds will be given once transport is booked.
However in rare circumstances (for example, death of a horse
or customer prior to transport) a credit note maybe issued
less deposit (10% or £125 whichever is the greater) and bank
charges (usually 10% of the total amount). Credit notes will
have an expiry date and will not represent any cash value
nor will it be transferable at any time. MPINHT reserves the
right to accept or refuse the credit note at anytime. No
refunds will be given for horses with no passports, failing
a vetting, failing any health paperwork required for export
or customer cancelling show/grading/event transport.
5. The customer agrees to pay MPINHT the cost of transport
at the time of booking. Where bookings are far in advance
(more than 1 month) then the customer may pay the deposit
(usually 10% or £125 whichever is the greater). The deposit
maybe paid by credit card/CHAPS and will provisionally book
the preferred date of travel. The rest of the full amount
MUST be paid by 10 days prior to transport. Failure to do
this will cancel the transport booked.
6. Any instructions given to MPINHT may in the absolute
discretion of MPINHT to be complied with by MPINHT itself by
its own servants performing part or all of the relevant
services or by MPINHT employing or instructing or entrusting
the horses to others on such conditions as such others may
stipulate to perform part or all of the services.
7. Subject to express instructions in writing given by the
customer MPINHT reserves to itself absolute discretion as to
the means route and procedure to be followed in the handling
storage and transportation of horses. Further if in the
opinion of MPINHT it is at any stage necessary or desirable
in the customer's interest to depart from those instructions
MPINHT shall be at liberty to do so.
8. If MPINHT shall require to board or procure the boarding
of the horses before consignment to a carrier can be
arranged or at any stage in the journey or where owing to
circumstances beyond the control of MPINHT there is delay in
forwarding the horses or until payment of any sum due in
respect of such horses is received the cost of such board
and expenses incidental thereto including any necessary
medicine or veterinary treatment and any re-examination
required by the import regulations of the country of
destination shall be payable by the customer without
prejudice to MPINHT 's rights against any other person.
9. MPINHT is entitled to retain and be paid all brokerages
commission allowances and other remunerations customarily
retained by or paid to shipping and forwarding agents and
insurance brokers.
10. Any quotation is given on the basis of immediate
acceptance and is subject to the right of withdrawal or
revision. If the cost of any insurance required to be
effected by MPINHT is increased above the rates prevailing
at the date of such quotation the excess shall be payable by
the customer.
11. The customer shall be deemed to be bound by and to
warrant the accuracy of all descriptions values and other
particulars furnished to MPINHT for customs consular and
other purposes and the customer undertakes to indemnify
MPINHT against all losses damages expenses and fines arising
from any inaccuracy or omission even if such inaccuracy or
omission is not due to any negligence on the part of the
customer his servants or agents.
12. The customer is responsible/liable for the horses at all
times and must ensure that adequate liability insurance is
in place. Any damage caused by the horse to any of MPINHT 's
property or employee's including horse lorries, stables,
fields, ménages, horsewalkers will be paid for by the
customer/owner. MPINHT will provide an invoice from the one
of its service partners for the repair work.
13. All duties taxes imposts or levys of any kind levied by
the authorities at any port or place for or in connection
with the horses and any payments fines expenses loss or
damage incurred or sustained by MPINHT in connection
therewith and any expenses properly incurred in relation to
any horses after arrival at the port of destination before
delivery to the consignee are payable by the consignee but
the customer shall indemnify MPINHT against any such
payments in the event that the consignee fails to pay the
same.
14. No insurance will be effected except upon express
instructions given in writing by the customer and all
insurances effected by MPINHT are subject to the usual
exceptions and conditions of the policies of the insurance
company or underwriters taking the risk. MPINHT shall not be
under any obligation to effect a separate insurance on each
consignment but may declare it on any open or general
policy. Should the insurers dispute liability for any reason
the insured
shall have recourse against the insurers only and MPINHT
shall not be under any responsibility or liability in
relation thereto not-withstanding that the premium upon the
policy may not be at the same rate as that charged by the
Company or paid to the Company by its customer.
15. Horses are accepted by MPINHT solely at the risk of the
customer and MPINHT its servants and agents shall be under
no liability in contract tort or otherwise for the death
illness escape of or injury to any horses and damage to any
goods from whatsoever cause arising nor for any loss or
damage suffered by the customer or anyone claiming though
him by reason of anything done or omitted to be done by
MPINHT its servants or agents in connection with such horses
or goods nor shall MPINHT be under any liability for any
delay or consequential loss or loss of market however
caused.
16. MPINHT will provide haylage and water to feed and water
horses as per WADT 2006 unless provided with written
instructions to the contrary. MPINHT may however in the
absence of such request or agreement arrange the feeding and
watering of horses at the expense of the customer if in the
opinion of MPINHT it is reasonable to do so without
incurring liability for any consequences thereof. Any horse
requiring special dietary requirements must be in writing in
advance with the attending Veterinary Surgeon's full contact
details.
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