ECS Horse Transport - Transport Terms and Conditions

1. Parties

  1. ECS Horse Transport of Hawthorn Stud, South Newington, Banbury, Oxfordshire OX15 4JP (‘the Carrier’)
  2. The person or entity named as customer on the Consignment Note (‘the Customer’)

2. Definitions and interpretation

  1. The expression ‘the Equine’ means the pony, horse, gelding, mare or stallion specified on the Consignment Note
  2. The expressions ‘the Collection Address’ and ‘the Delivery Address’ mean respectively the addresses so specified on the Consignment Note.
  3. It is hereby declared that any sub-contractor of the Carrier and the servants and agents of the Carrier are third parties to this contract within the meaning of the Contracts (Rights of Third Parties) Act 1999 and shall be entitled to enforce the same accordingly.

3. Carrier’s obligation

The Carrier will carry the Equine from the Collection Address to the Delivery Address by one or more motor vehicles on the dates specified on the Consignment Note. The vehicle or vehicles shall be duly taxed and insured shall be in a roadworthy condition and shall be suitably equipped for the safe and convenient carriage of the Equine.

4. Risk

The Equine shall be carried at the Customer’s risk in all respects and (without prejudice to the above) the Carrier shall not be liable for any of the following whether by reason of the Carrier’s negligence or otherwise:

  1. Injury or damage to the Equine while in the custody or control of the Carrier
  2. Delay in delivery of the Equine
  3. Failure to follow any instruction or direction of the Customer.

5. Insurance

It is the responsibility of the Customer at all times to maintain a policy of insurance in respect of injury to or death of the Equine for the duration of the transportation being undertaken by the Carrier.

6. Route

The Carrier may carry the Equine by any route and may at the Carrier’s discretion employ a mode of transport other than a motor vehicle for the whole or any part of the carriage.

7. Delivery

The Carrier’s obligations in relation to delivery are as follows:

  1. To deliver the Equine to the Delivery Address or if notified in reasonable time, to another location as stipulated by the Customer
  2. Where an alternative Delivery Address is necessary the Customer accepts and agrees to pay all additional costs and expenses.

8. Payments

  1. Unless otherwise agreed in writing, payment is due in full on or before Collection or Delivery of the Equine.
  2. If payment is not received on or before the agreed time, interest shall be paid at the rate of 5% above the base rate of Barclays Bank Plc from the due date for payment of the invoice.

Please note that ECS Horse Transport always recommend that their Customers obtain insurance cover in respect of injury to or death of the Equine for the duration of transportation.

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