Terms of payment
Road Freight – Before pickup
Payment made by;
Visa, Mastercard, Eftpos or Direct deposit to our account or by cheque only if prior arrangement has been made.
Please be reminded we are specialists in long haul transport for horses not bankers, finance brokers or dept collectors.
To keep our overheads to a minimum and retain realistic rates we offer no credit or discounted rates.
Lynch Equine Logistics conditions of cartage
- “Carrier” shall mean the Company, the name of which appears on the face of this document its servants and agents. “Sub-contractor” shall mean and include:
- Railways operated by the Commonwealth or any State;
- Any other person, firm or company with whom the carrier may arrange the carriage of goods the subject of this Contract and any person who is now or hereafter a servant, agent, employee or sub-contractor thereof;
- Any person, firm or company with whom the Carrier may arrange to have the goods including livestock the subject of any carriage contract stores and/or agisted and/or liveried and any person who is hereafter a servant agent employee or sub-contractor thereof.
“Goods shall include livestock of every description.
- The Carrier is not a common carrier and will accept no liability as such. All goods are carried or transported including all storage agistment livery and other services by the Carrier subject only to these conditions and the Carrier reserves the right to refuse to carry or transport goods for any person, corporation or company at its absolute discretion.
- The Consigner hereby authorises the Carrier to arrange with a sub-contractor for the carriage of any goods the subject of this contract. Any such arrangement shall be deemed to be ratified by the Consignor upon delivery of the said goods to such sub-contractor who shall thereupon 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 insofar as it may be necessary to ensure that sub-contractor shall be so entitled the Carrier shall be deemed to enter into this contract for its own benefit and also as agent for the sub-contractor.
- If the consignor instructs the Carrier to use a particular mode of carriage the Carrier will use its best endeavours to use same provided if that method or means is unavailable at the date of planned movement then subject to further instructions from the Consignor, providing he is readily available to the Carrier, the Carrier shall be entitled to use its discretion to adopt some alternative method or means and the Consignor shall be deemed to authorise the Carrier to carry or have the goods carried by such other method or means.
- The Consignor hereby authorises any deviation from the usual route or manner of cartage of goods which may in the absolute discretion of the carrier be deemed reasonable or necessary in the circumstances.
- Unless otherwise expressly agreed in writing no responsibility at law in tort, contract or otherwise (whether or not in any way occasioned by or due to the negligence of the Carrier) shall be accepted by the Carrier for any loss, damage, or misdelivery of or failure to deliver or delay in delivery of goods either in transit, storage, agistment, livery or alteration or carriage for any reason whatsoever.
- The Carrier shall not be obliged to insure against any loss of or damage to, misdelivery of, failure to deliver or delay in delivery of goods.
- The charges of the Carrier shall be considered earned as soon as the goods are in the hands of the Carrier, its servants or agents.
- The Consignor expressly warrants with the Carrier that the Consignor is either the owner or the authorised agent of the owner of all goods the subject matter of carriage and by entering into any arrangement to carry the goods the Consignor expressly accepts these conditions of carriage as owner or agent of the owner.
- These conditions shall be governed and construed in accordance with the laws of the State of Western Australia.
- The Carrier shall in no circumstances be liable for indirect or consequential loss or damage arising from the Services performed in respect of the goods including loss of market, loss of profit or loss of contracts howsoever caused.
- Notwithstanding anything herein contained, the Carrier shall continue to the subject to any implied warranty provided by the Trade Practices Act of 1974 (as amended) if and to the extent that the said act is applicable to this contract and prevents the exclusion, restriction or modification of that warranty.