Risks
Shipments of horses involve numerous risks. The owner or agent for the owner, assumes all risks, and recognizes the risks involved with shipping a live horse. These risks include but are not limited too; the horse(s) being refused entry, contraction of illness, injury to self or injury caused to other horses, people and property; the risk of death or injury to a point where euthanasia is required.
Insurance
The owner must insure the horse for its actual value, plus the cost of shipping. Owners or agents must specify to Global Horse Transport, Inc. the insurance agency the policy is placed with. If a horse is not insured, this must be disclosed to Global Horse Transport, Inc. prior to shipment in writing. Global Horse Transport, Inc. its employees and vendors strongly suggest that all horses be insured.
Claims and Arbitration
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in the State of New York, in accordance with its Commercial [or other] Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
No claim or cause shall be asserted against Global Horse Transport, Inc., its agents or employees on account of any deterioration in the condition of the horse(s), injury to any of the horse(s), the death of any of the horse(s), any delays, or any refusal to permit the horse(s) entry into the country of destination or for any other reason due to or caused by acts or omissions, negligence or non-performance by any other person, carrier or other entity involved in any way in the shipment of the horse(s).
Any claims for damages on account of any acts or omissions of Global Horse Transport, Inc. or any of its employees or agents shall be limited to the amount of the agency fee actually paid. (Airfreight, quarantine charges, vet charges etc. are not to be considered in this matter).
Invoices
All claims regarding incorrect billing, overcharging or any other matter involving charges must be presented in writing within 5 working days of shipment. If after, 5 working days we have not received written notification, all such charges shall be deemed to be correct and accurate, and no subsequent adjustment will be made to the charges.
Unless otherwise stated, payment to Global Horse Transport, Inc. is due in full upon receipt of invoice/shipment, etc. Amounts past due are subject to an interest charge equal to the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by law. In the event it becomes necessary for Global Horse Transport, Inc. to bring suit for breach of contract of any of Global Horse Transport, Inc.'s terms and conditions of trading, either for recovering of monies due or for damages incurred, Global Horse Transport, Inc. shall be entitled to recover, in addition to damages or recovery or monies due, its necessary and reasonable attorney's fees and costs and disbursements of said suit.
Personal items traveling with Horses
Global Horse Transport, Inc. is not responsible for any personal items (such as but not limited to blankets, wraps, shipping boots, halters, lead ropes, hay nets, buckets etc.) shipped with any horses, unless the items are declared, manifested on their own airway bill, and customs cleared at point of entry. Such items are subject to the same terms listed above.
Agent and Care Authorization
Global Horse Transport, Inc. is authorized to act as the agent of the owner to take all steps it deems appropriate in arranging for the shipment of the horse(s), including but not limited any emergency or proactive veterinary care or administration of emergency or proactive medicine, it deems necessary. All costs for such will be made aware to and are to be paid by the shipper. This agreement may only be modified in writing.
Exchange Rates
The owner is responsible for differences of foreign charges, which are affected by exchange rates. It is agreed that Global Horse Transport, Inc. is due the actual amount ultimately paid to the foreign vendor based upon the actual cost of monies transferred to the foreign entity.
Consolidation
The owner or agent specifically requests and authorizes Global Horse Transport, Inc. to consolidate their horse(s) in a shipment with other horse(s) and recognizes that there are inherit risks associated with this. These risks include but are not limited to the risks associated with being considered a cohort horse(s), delays in release from quarantine or other specified sanitary holdings, the spread or contraction of disease or illness. Clients may request that we ship only their horse(s) on a particular shipment but recognize that we have no control over airline operations and acceptance of other Horses, live animals or specialized freight for the same flight.
In the event of refusal of entry or a delay in release of an horse from quarantine or specified sanitary holding, of an horse into a country, the owner assumes full responsibility to all costs arising from such action, which include but are not limited to: USDA or foreign government veterinary fees, quarantine or holding facility fees, veterinarian fees for treatment, monitoring and testing, euthanasia, and return of the horse to premises of origin.
Governing Authorities
It is agreed that the USDA or appropriate foreign government veterinary authority are the sole determining authorities of eligibility to ship. Such authorities review the horse(s) being presented for shipment and their health certificates. If the USDA or foreign government veterinary authority decide the horse(s) are unfit to ship, Global Horse Transport, Inc. is not responsible for the associated costs, which include but not limited to; cancelation fees, lost or additional quarantine or holding fees, airfreight fees, veterinary fees, conveyance fees to return the horse(s) to place of origin.
Administration of Drugs
Unless notified in writing to the contrary, the owner authorizes Global Horse Transport, Inc. and our agents to administer medications deemed necessary for the shipment of your horse(s). The owner or agent recognizes that a licensed veterinarian may not be the person to administer any drug and you all responsibility in these matters. Further, if the horse(s) is insured the owner or agent agree that the matter will be discussed with the insuring agent of the horse(s) so that the administration of any drug is not prohibited by the terms of the insurance.
Acceptance
By utilizing Global Horse Transport, Inc. services the owner agrees to these terms and conditions. Any dispute arising out of this agreement, if not adjusted and resolved by the parties, shall be determined by arbitration administered by the American Arbitration Association in the State of New York, in accordance with its Commercial [or other] Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
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