1. TRANSPORTATION COORDINATION SERVICES: HTL 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 Form online) 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 HTL, 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.
2. RECEIPTS: Delivery of the horse(s) tendered for transportation to Carrier shall be evidenced by a delivery receipt prepared by the HTL and signed by the Shipper, Carrier and Consignee or its agent or employees.
3. MINIMUM TENDER: 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. If shipper cancels trip within 48 hours of pickup date stated on invoice next to "ORIGIN", then 100% of deposit is non-refundable.
4. 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.
5. AGENT STATUS: HTL is a third party logistics company. We will cover all transport requests under Broker # 662412. All arrangements will be made through HTL including payments to our preferred carriers. Any disputes that arise HTL agrees to assist the shipper in settling.
6. COMPENSATION FOR SERVICES: Shipper agrees to compensate HTL in full for services performed under this Agreement in accordance with applicable rates and charges, including all conditions set for in Appendices hereto. Payment, at booking of 25% for such services, shall be made by Shipper directly to HTL. Final or full payment is due no later than actual delivery 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.
7. INSURANCE: HTL 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 HTL 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.
HTL and Shipper agree that if Carrier arranges for another hauler to transport Shippers horse(s), HTL will not assume any liability of the Sub-contracted Carrier performing the transportation. Such sub-contracted Carrier will have equipment equal to or better than Carrier. CARRIER STRONGLY RECOMMENDS TO SHIPPER THAT INSURANCE BE PURCHASED BY SHIPPER TO FIT THE NEEDS OF THE HORSE(S) TRANSPORTED.
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 Massachusetts 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.