1.1 References to any one gender shall include the other;
1.2 “Client” means any person or legal entity, whether as principal or as agent, at whose request or on whose behalf HEE agrees to act in connection with horse/s;
1.3 Headings are for ease of reading only.
These terms shall apply to any service undertaken by HEE for Client. Any deviation from these terms or HEE’s quotation shall be valid only, if expressly agreed in writing by a director of HEE and no amendment or alteration whatsoever shall be made by any or subsequent communication used by Client.
Client warrants that he contracts on his own behalf or with the full and unfettered authority of any other party upon whose behalf he may disclose himself to be acting. He furthermore warrants that no third party has any interest in or rights to the horse/s that may affect the performance of HEE’s obligations.
Client, acknowledging the health and related test and certification risks of transit and quarantine, as well as the vagaries of testing processes, warrants that the horse/s is in all respects in a fit condition to endure transit and that the horse will comply with all health regulations, without sickness or injury or delay and in particular has been tested and is free of disease or infestation of any description and has not been in contact with any infected source.
Client shall be liable for all duties, taxes, levies and penalties of any kind payable to any authority arising out of the provision of services by HEE to or on behalf of Client and shall indemnify HEE against any such outlay that HEE may be required to make on Client’s behalf, acknowledging that HEE relies on the information given by Client.
Whilst HEE will use its best endeavors to prevent the horse/s consigned to it from suffering any harm or delay while in transit or in quarantine, Client acknowledges that the horse/s is not under the direct control of HEE, that he is fully aware of the risks associated with the shipping, keeping, handling, testing and treatment of horses before and during transit and at quarantine facilities and indemnifies HEE, its directors and employees and agents from any claim, including consequential damages, howsoever arising. Client authorizes HEE to use its discretion in the event of emergency and or failure on the part of HEE to contact Client for instructions.
Quotations are given on the basis of the rates, including currency exchange rates and charges and costs applicable at the date of quotation, but Client shall be liable to pay for services at the rates and charges prevailing at the date the service is performed, if different.
No claim by Client against HEE shall entitle Client to withhold payment.
HEE shall have a general lien on the horse/s and relating documentation in its control, custody or possession in respect of all sums due by Client from whatever cause.
Client undertakes to give HEE all necessary instructions in good time and warrants the accuracy of all information given. Unless expressly agreed, it is Client’s responsibility to timeously obtain all permits or veterinary certificates. Client shall in advance of transit supply HEE with all necessary identification papers, certificates or other documents required by the law of any country through which the horse/s is being transported. HEE shall not be responsible for any delay or loss arising from Client’s failure to comply herewith.
All dealings between HEE and Client shall be governed by South African Law and any dispute shall be dealt with by expedited arbitration in Johannesburg, in accordance with the then current rules for expedited arbitration of the Arbitration Foundation of Southern Africa (“AFSA”), or its successor in title, by a single arbitrator appointed by AFSA.