Terms & Conditions
Conditions of Transport
CONDITIONS OF TRANSPORT THE FOLLOWING CONDITIONS APPLY TO ALL CONTRACTS FOR CARRIAGE OF GOODS IN WHICH VIXEN EQUINE TRANSPORT PTY LTD ABN: 14 164 705 239 ACTS AS A CARRIER. THE PLACING OF GOODS (IF ACCEPTED BY THE CARRIER) SHALL BE CONSTITUTE ASSENT BY THAT CONSIGNOR TO BOUNT BY THE CONDITIONS HERE WITHIN.
1.In these conditions “carrier” will be referring to VIXEN EQUINE TRANSPORT PTY LTD ABN: 14 164 705 239 and its subsidiary companies, its servants and agents and, where the context requires subcontractors “consignor” will be referring to the person, firm, body, corporation or company who place’s an order with the carrier for the carriage of goods “subcontractor” shall mean and include.
● Railways operated by the commonwealth or any state or territory thereof or by any other party.
● Air transport services operated by any party.
● Any other person who is now or thereafter a servant, agent, employee or subcontractor of
any persons or utilities referred to in dot point 1, 2, 3 above.
“Goods” means the goods, which are subject of this contract and shall include livestock of every description and any other incidental items or accessories with them. “Carriage” shall mean where the contexts permits dispatch, pick up, carriage, transportation, storage, consignment, delivery, assignment, resting, temporary DE
pasturing, livery, or any other service performed by the carrier in the relation to the goods.. The same meaning shall be attributed to the word’s “carry” and “carried” when used in this contract.
2.THE CARRIER IS NOT A COMMON CARRIER and will accept no liability as such, all goods carried by the carrier subject only to these conditions and carrier reserves the right to refuse the carriage of goods for any person, firm, body, corporation or company and the carrier of any class of goods at its discretion without signing any reason therefore.
3.The carrier reserves the right at its absolute discretion to the carry goods by any route it sees fit and either alone or with goods belonging to any other person, firm, body, corporation or company. The carrier in its absolute discretion and without assigning any reason therefore, may deviate from or alter at any time the route chosen by it for the carriage of the goods. The consignor hereby authorizes any deviation(s) or alteration(s) which shall be deemed necessary and reasonable in the circumstances.
4.The carrier reserves the right at its absolute discretion to carry the goods in any manner and by any means or methods as it thinks fit. The carrier at its absolute discretion and without assigning any reason therefore may alter at any time the manner, means or method chosen by it for the carriage of the goods. The consignor authorizes any such alteration(s) which shall be deemed necessary and reasonable in the expressly agreed that the carrier will use or adopt a particular manner, method or means of carrying the goods the carrier will use its best endeavors to use or adapt the same. HOWEVER if that manner, method or means cannot be used or adopted at that date of the planned movement of the goods for any reason whatsoever, the consignor hereby authorizes the carrier to carry the goods by alternative manner, method or means as the carrier thinks fit.
5.The consignor hereby authorizes the carrier (if it should think for to do so) to arrange with asubcontractor(s) for the carriage of the goods. Any such arrangement shall be deemed to be ratified by the consignor upon delivery of the goods to such subcontracted, whether by the consignor the carrier of the subcontracted, and the subcontracted who accepts delivery shall here upon be entitled to the full benefit of these terms and conditions to the same extent as the carrier, the consignor hereby expressly agrees and acknowledges that in so far as it may be necessary ensure that such subcontractor or subcontractor’s be so entitled, the carrier shall be deemed to enter into this contract for its own benefit and also as agent for the subcontractor(s).
6.The goods are at the risk of the consignor at all times and under no circumstances does the carrier undertake to insure or arrange for the insurance of the goods against any insurable risk whatsoever. The consignor warrants that the goods are fully insured against all risks which may arise during the carriage of the goods and then unless specifically notified to the carrier in writing prior to the commencement of the carriage, the livestock are in good health and condition*
7.All goods are carried, transported, stored or agisted at the risk of the consignor and under no account at the risk of the carrier. The carrier and any subcontractor will not be in anyway liable or responsible for any loss or damage directly or indirectly resulting from any damage or injury to, loss, or failure to deliver, miss deliver of or delay in delivery of any goods however caused whether in tort or contact due to negligence of the carrier, its servants, agents or subcontractor(s) or otherwise.
8.The consignor is responsible for ensuring that sufficient provision is made for the feeding and watering of any livestock which compromise the goods or part thereof during the carriage of same. The carrier may (but is not entitled to provide) or arrange for any other party to provide feed or water for any livestock during the carriage of same or during any rest stop, Agistment or temporary DE pasturing. The carrier is not responsible for any loss of or damage to or duration of or illness affecting the goods arising from the lack of provision from food and water.
9.The carrier’s charges shall be considered earned as soon as the goods are received into the hands of the carrier. The consignor (not withstanding that it may not be the owner of the goods) will be and remain responsible to the carrier for all its proper changes incurred for any reason whatsoever in relation to the carriage of the goods, unless otherwise stipulated by the carrier, payment in full of charges due to the carrier shall be made within twenty eight (28) days of the consignor’s receipt of the carriers invoice.
10.If the consignor fails to pay the charges due under the contract on the due date or on reasonable demand being made in accordance with this contact the carrier may without formal notice to the consignor, firm, body, corporation or company to whom the goods are being delivered pursuant to this contract (“the consignee”) recoup any costs incurred to recover any outstanding payments due as per these trading items, and will be responsibility of the consignor entirely.
11.The consignor warrants that any person who places an order with the carrier for the carriage of goods on behalf of the consignor is authorized to do so by it.
12.The consignor hereby indemnities the carrier against any claims, suits, actions, demand, losses, costs, damages and expenses incurred by the carrier arising from the breach of one or both of the warranties contained in this contact.
13.This contact shall apply to the carriage of the goods until the goods are delivered to the address for delivery given to the carrier by the consignor.
14.It is the responsibility of the consignor to give the carrier the correct address for pickup and delivery and to arrange for a responsible persons to be present at these addresses at the time of pickup and delivery to enable the carrier to pick up the goods and make effective delivery and the carrier shall not be liable onward carriage or delivery or loss or damage resulting in the consignors failure to comply with this condition.
15.The carrier shall not be held liable for its failure to comply with any of these terms and conditions of this contract caused solely by fire, strike, war, insurrection, government restrictions, riots, acts of good, acts of third parties, or other causes beyond its control and without its fault however it shall use its best endeavor to cure such default and no company with the terms and conditions of this contact as quickly as possible.
16.If the goods are not accepted for delivery when tendered, the carrier may hold the goods as bail and shall be entitled to storage fees at normal rates charges by the carrier as bail shall not be under any liability for loss of or damages of the goods however caused, or at its discretion, the carrier may return the goods to the consignor at the cost and at the risk of the consignor.
17.The contract shall be governed in all respects by and constructed according to the law of the state of Victoria and the parties here to hereby agree to submit to the jurisdiction of the courts of the said state.
18.No purported variations or modification of this contract shall have any affect unless in writing signed by an executive officer of the carrier. It is knowledge by the parties that in this contact that these conditions and any lawful variation there of shall constitute the entire agreement between parties.
19.In “writing” for the purposes of this contract shall mean by the way of the letter, fax, email or telegram sent to the last know contactable business address of the receiving party.
Terms & Conditions of Agistment
•All Horse’s agisted at the Vixen Equine Transport Depots at (100 Airport Road, Mount Duneed, Vicoria) will be charged accordingly.
a)Horse’s that require Lucerne or Pallet’s will be at an expense of $85.00 per week
b)Horse’s that require only dry paddock feed will be at an expense of $45.00 per week
•All Veterinary expenses are to be paid on the consignor’s behalf. Transportation if need be.
•All Horse’s agisted at 100 Airport Road, Mount Duneed will be checked daily on their overall health appearance.
•All stock agisted at 100 Airport Road, Mount Duneed will remain property of Vixen Equine Transport until all outstanding fees are paid.
•It is to be expected that all stock agisted at 100 Airport Road, Mount Duneed Vic 3217 are/is insured by the consignor.
•At no given time will Vixen Equine Transport at 100 Airport Road, Mount Duneed Vic 3217, be held liable for any of such listed below.
a)Damages, theft of any stock agisted at 100 Airport Road, Mount Duneed.
b)Fire, Storm, resulting in loss or injury of stock agisted at 100 Airport Road, Mount Duneed.
c)Loss of life of stock due to animal’s self-health
BANKING DETAILS FOR CLIENT PAYMENTS
Account number: 156384125
Account name: Vixen Equine Transport
0488 422 441
Mon - Sun
6am to 6pm