Airfreight

This contract is made between New Zealand Bloodstock Ltd ("N.Z.B.L.") and the Consignor (including any "contracting party" as defined in the Carriage of Goods Act 1979).

1. ALL business undertaken by N.Z.B.L. for the Consignor including the airfreighting of livestock (in these terms and condtions "livestock" includes bloodstock) and the provision of any advice, information or other services is undertaken upon and subject to the conditions herein.

2. THE Consignor warrants to N.Z.B.L that he is either the owner of the livestock consigned or is the authorised agent for the owner and that he accepts these conditions not only for himself but for and on behalf of all other persons who have an interest in the livestock.

3. THE Consignor warrants that the livestock is in all respects fit and suitable for consignment on the intended journey.

4.  ALL or part of the work accepted by N.Z.B.L. may be fulfilled by N.Z.B.L. engaging or entrusting the livestock to others ("the sub-contractors") on such terms as the sub-contractors may stipulate. The Consignor agrees to be bound by the terms, conditions, stipulations and limitations contained in any document issued by or customarily relied upon by any such sub-contractor in connection with such work.

5. (i) The Consignor agrees to pay N.Z.B.L. standard or quoted charges and those of any sub-contractor engaged by N.Z.B.L. and any other costs incurred or money expended, including any duties, taxes, levies or outlays of any kind expended by the company in connection with the livestock.
   
   (ii) Where import regulations of the country of destination require certificates relating to the health of livestock, the cost of any necessary veterinary examination and/or test shall be borne by the Consignor and is not included unless otherwise stated in any quotation.
   
   (iii) If the cost of freight or any insurance required to be effected by N.Z.B.L. is increased above the rates ruling at the date of quotation the excess shall be payable by the Consignor.

6. PAYMENT of the amount owing by the Consignor to N.Z.B.L. as shown in the invoice, shall be made in full on the date specified in such invoice (time being of the essence). If, subsequent to the invoice being sent to the Consignor, N.Z.B.L. incurs further costs which can be legitimately recovered from the Consignor, N.Z.B.L. shall invoice the Consignor requesting payment of such costs and the Consignor shall pay the monies owing to N.Z.B.L. on the date specified in that invoice. The date specified for payment shall hereinafter be referred to as "the due date".

7. FOR all accounts not paid by the due date the Consignor will pay N.Z.B.L. liquidated damages being interest on the total amount outstanding at the rate of 18% per annum, calculated on a daily basis, from the due date to the date payment is received by N.Z.B.L.

8. IN addition to the liquidated damages referred to in clause 7, herein N.Z.B.L. shall be entitled to recover from the Consignor as a debt to be paid on demand, all costs, (including agistment and veterinary costs and all collection costs and/or unrecovered solicitors costs expended in recovering payment of the debt), incurred by N.Z.B.L. as a result of the failure by the Consignor to make payment in full of the monies due and owing to N.Z.B.L. on the due date.

9. N.Z.B.L. shall be under no obligation to forward the livestock until the freight and all other charges associated with this transaction have been paid in full by the Consignor. Pending forwarding or delivery the livestock may be agisted or otherwise held at any place at the sole discretion of N.Z.B.L. and the costs thereof shall be for the account of the Consignor.

10. LIVESTOCK delivered to N.Z.B.L. shall be held by it subject to a particular and general lien and right of retention for all monies due to N.Z.B.L. by the Consignor, the consignee or the owner of the livestock, whether in respect of such livestock or otherwise. If any monies due to N.Z.B.L. are notpaid within fourteen days after notice has been given to the person from whom the monies are due that such livestock is being detained, they may be sold at auction or otherwise at the sole discretion of N.Z.B.L. and at the expense of such person, and the net proceeds applied in or towards satisfaction of any such indebtedness. Any such sale shall not prejudice or affect N.Z.B.L's rights to recover from such person any balance due or payable to N.Z.B.L. in respect of the services provided hereunder or the costs of the said detention and sale. If at any time payment from the Consignor to N.Z.B.L. shall be in arrears, any subsisting obligations of N.Z.B.L. shall be suspended and N.Z.B.L. shall not be under any liability to the Consignor during such period.

11. N.Z.B.L. will not be insuring the livestock unless specifically instructed in writing to do so by the Consignor. Insurance of the livestock is the sole responsibility of the Consignor.

12. WHERE, owing to circumstances beyond the control of N.Z.B.L., there is a delay in forwarding the livestock the cost of agistment and expenses incidental thereto, including any necessary treatment and/or re-examination required by the import regulations of the country of destination, shall be payable by the Consignor without prejudice to N.Z.B.L's rights against any other person.

13. THE Consignor shall be deemed to be bound by and to warrant the accuracy of all descriptions, values and other particulars furnished to N.Z.B.L. for Customs and other purposes and he undertakes to indemnify N.Z.B.L. against all losses, damages, expenses and fines arising from the inaccuracy or omission, even if such inaccuracy or omission was not due to his negligence.

14. (i) Whilst it has possession of the livestock N.Z.B.L. shall take all care to prevent the livestock suffering any foreseeable injury or illness but N.Z.B.L. shall not be under any liability, whether caused or arising as a result of the negligence or otherwise of N.Z.B.L. (including its servants, employees, sub-contractors, or agents) for any damage to, loss, deterioration, missed delivery, delay in delivery or non-delivery of the livestock, nor for any instructions, advice, information or service given or provided to any person, whether in respect of the livestock or any other thing or matter, nor for any consequential or indirect loss, loss of market or consequences of delay.
    
    (ii) The Consignor will indemnify N.Z.B.L. against all claims of any kind whatsoever, howsoever caused or arising and without limiting the generality of the following, whether caused or arising as a result of the negligence of N.Z.B.L. (including its servants, employees, sub-contractors and agents) or otherwise brought by any person in connection with any matter or thing done, said or omitted by N.Z.B.L. in connection with the livestock.

15. THE Consignor undertakes that no claim or allegation shall be made against any employee, servant, sub-contractor or agent of N.Z.B.L. which attempts to impose upon any of them liability whatsoever in connection with the livestock and, if any such claim or allegation should nevertheless be made, do indemnify N.Z.B.L. and its employees, servants, sub-contractors or agents against all consequences thereof. Without prejudice to the foregoing, every such employee, servant, sub-contractor or agent shall have the benefit of all the provisions of this contract benefiting N.Z.B.L. as if such provisions were expressly for their benefit and in entering into this contract N.Z.B.L. to the extent of these provisions, does so not on its behalf but also as agent and trustees for such employees, servants, sub-contractors or agents.

16. DESPITE the provisions of this contract, should the Consignor believe that he has a valid claim against N.Z.B.L., N.Z.B.L. shall be under no liability whatsoever unless:
    
    (a) Written notice of any such claim, giving full particulars of any alleged loss or damage, is received by N.Z.B.L. within seven days after the delivery of the livestock or in the case of loss or destruction of the livestock, within fourteen days of the date of dispatch, and
    
    (b) An action shall have been commenced by the Consignor in a court of competent jurisdiction within six months from the date of dispatch of the goods.

17. IN addition to the conditions contained herein, livestock forwarded by N.Z.B.L. at the request of the Consignor shall be subject to the terms and conditions of the carriage by air waybill issued to N.Z.B.L. by the actual Air Carrier. A copy of the air waybill will be made available to the Consignor by N.Z.B.L. upon request.

18. THE Warsaw Convention, except where expressly or by implication excluded by this contract, shall be applicable to this contract and, where liability of N.Z.B.L. is not otherwise limited, shall limit the liability of N.Z.B.L. in respect of loss, damage or delay to the livestock to the liability specified therein.

19. SUBJECT to the provisions of clause 17 herein, the terms and conditions set out herein shall prevail over terms and conditions set out in any document used by the Consignor, owner or any other person having an interest in the livestock and purporting to have a contractual effect.

20. ANY notice to be given under this contract shall be deemed to be received if it is delivered or forwarded by registered post to the registered office of the party who receive it or the usual or last known residence or place of business of such parties.

21. ALL agreements between N.Z.B.L. and the Consignor shall be governed by the laws of New Zealand and the parties hereto shall be deemed to submit to the jurisdiction of New Zealand courts in respect of any actions arising from this contract or any breach thereof. Any such actions shall be commenced and continued in the High Court or District Court of New Zealand at Auckland and the Consignor agrees to be bound by the decision of the said High Court or District Court.