Airfreighting livestock or horse transport - NZ Bloodstock
This contract is made between New Zealand Bloodstock Ltd ("NZB") and the Consignor (including any "contracting party" as defined in the Carriage of Goods Act 1979).
1. ALL business undertaken by NZB for the Consignor including the airfreighting of livestock (including bloodstock) and the provision of any advice, information or other services (“the services”) is undertaken upon and subject to the conditions herein.
2. THE Consignor warrants to NZB 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 description and particulars of the livestock is full and accurate and the livestock is in all respects fit and suitable for consignment on the intended journey and for arrival at the intended destination including compliance with all required veterinary and health import standards of the livestock for the country of destination.
4. ALL or part of the services agreed to be provided by NZB may be fulfilled by NZB 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 services.
5. (i) The Consignor agrees to pay NZB standard or quoted charges and those of any sub-contractor engaged by NZB and any other costs incurred or money expended, including any duties, taxes, levies or outlays of any kind expended by NZB in connection with the livestock and the services.
(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.
(iii) If the cost of freight or any insurance required to be effected by NZB is increased above the rates ruling at the date of quotation the excess shall be payable by the Consignor.
6. THE Consignor shall pay to NZB in cash, or as otherwise agreed all sums on or before the due date specified in the invoice and without deduction on account of any claim, counterclaim or set off. If, subsequent to the invoice being sent to the Consignor, NZB incurs further costs which can be legitimately recovered from the Consignor, NZB shall invoice such further cost to the Consignor.
7. FOR all sums not paid by the due date the Consignor will pay NZB 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 NZB.
8. NZB shall also be entitled to recover from the Consignor all costs, (including agistment and veterinary costs and all collection costs and/or unrecovered solicitors costs expended in recovering payment), incurred by NZB as a result of the failure by the Consignor to make full payment of all sums owing to NZB by the due date.
9. NZB shall be under no obligation to forward the livestock until the freight and all other charges associated therewith 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 NZB and the costs thereof shall be for the account of the Consignor.
10. NZB has a general lien on all livestock and documents in its possession, custody or control for all sums due at any time to NZB from the Consignor, the consignee or the owner of the livestock, whether in respect of such livestock or otherwise. If any monies due to NZB are not paid within fourteen days after notice has been given to the person from whom the monies are due that such livestock and/or documents are being detained, they may be sold/disposed of or dealt with at auction or otherwise at the sole discretion of NZB and at the expense of such person, and the net proceeds applied in or towards satisfaction of any such indebtedness. Any such sale and/or disposal and/or dealing shall not prejudice or affect NZB’s rights to recover from such person any balance due or payable to NZB 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 NZB shall be in arrears, any subsisting obligations of NZB shall be suspended and NZB shall not be under any liability to the Consignor during such period.
11. INSURANCE of the livestock is the sole responsibility of the Consignor. No insurance of the livestock will be effected by NZB except upon express instructions given in writing by the Consignor and accepted in writing by NZB. All insurances effected by NZB are subject to the usual exceptions and conditions of the policies of the insurers.
12. WHERE, owing to circumstances beyond the control of NZB, 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 NZB’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 NZB for Customs and other purposes and the Consignor undertakes to indemnify NZB against all losses, damages, expenses and fines arising from any inaccuracy or omission.
14. (i) Whilst it has possession of the livestock NZB shall take all care to prevent the livestock suffering any foreseeable injury or illness but NZB shall not be under any liability, whether caused or arising as a result of the negligence or otherwise of NZB (including its servants, employees, 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) Advice and information, in whatever form it may be given, is provided by NZB for the Consignee only. The Consignee shall indemnify NZB against all loss and damage suffered as a consequence of passing such advice or information on to any third party.
(iii) The Consignor will indemnify NZB against all liability, loss, damage, costs, expenses and claims of any kind whatsoever, howsoever caused or arising and without limiting the generality of the following, whether caused or arising out of the NZB acting in accordance with the Consignor’s instructions or arising from a breach by the Consignor of any warranty contained in these conditions or from the negligence of the Consignor or as a result of the negligence of NZB (including its servants, employees, sub-contractors and agents) or otherwise preferred or brought by any person in connection with any matter or thing done, said or omitted by NZB in connection with the livestock and the services.
15. THE Consignor undertakes that no claim or allegation shall be made against any employee, servant, sub-contractor or agent of NZB which attempts to impose upon any of them liability whatsoever in connection with the livestock and the services. Every such employee, servant, sub-contractor or agent shall have the benefit of all the provisions of these conditions benefiting NZB as if such provisions were expressly for their benefit and in agreeing to provide the services, NZB, to the extent of these provisions, does so on its behalf and also as agent and trustee for such employees, servants, sub-contractors or agents.
16. DESPITE the provisions of these conditions, should the Consignor believe that he has a valid claim against NZB, NZB 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 NZB 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 livestock.
17. IN addition to these conditions, livestock forwarded by NZB at the request of the Consignor shall be subject to the terms and conditions of the carriage by air waybill issued to NZB by the actual Air Carrier. A copy of the air waybill will be made available to the Consignor by NZB upon request.
18. THE Warsaw Convention, except where expressly or by implication excluded by these conditions, shall be applicable to this contract and, where liability of NZB is not otherwise limited, the said Convention shall limit the liability of NZB in respect of loss, damage or delay to the livestock to the liability specified therein.
19. SUBJECT to the provisions of clause 17, these terms and conditions 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 these conditions shall be in writing and deemed to be received if it is set by email to the usual or last known email address of the parties to be notified or delivered or forwarded by courier to the registered office or the usual or last known residence or place of business of such parties.
21. ALL agreements between NZB 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.
22. In these conditions, unless the context otherwise requires:
(i) Any reference to a document includes a reference to any original, a facsimile copy, a photocopy, a PDF or email image copy of the document;
(ii) Any reference to a person shall include reference to body corporate and to an unincorporated body of persons;
(iii) Any reference to a statute or regulation includes a replacement or modification of that statute or regulation;
(iv) Words importing the singular shall include the plural and vice versa.
(v) Words importing one gender shall include the other genders.
(vi) “Livestock” includes bloodstock;
(vii) “Writing” includes hand writing, typing, printing, photography and other modes of representing or producing words, figures or symbols in a visible form.