USAGE TERMS & CONDITIONS
Welcome to our website. If you continue to browse and use this
website you are agreeing to comply with and be bound by the
following terms and conditions of use, which together with our
to this website.
The term 'JMRT' or 'us' or 'we' refers to the owner of the website.
The term 'you' refers to the user or viewer of our website.
The use of this website is subject to the following terms of
- The content of the pages of this website is for your general
information and use only. It is subject to change without
- Neither we nor any third parties provide any warranty
or guarantee as to the accuracy, timeliness, performance,
completeness or suitability of the information and materials
found or offered on this website for any particular purpose.
You acknowledge that such information and materials may
contain inaccuracies or errors and we expressly exclude
liability for any such inaccuracies or errors to the fullest
extent permitted by law.
- Your use of any information or materials on this website
is entirely at your own risk, for which we shall not be
liable. It shall be your own responsibility to ensure that
any products, services or information available through
this website meet your specific requirements.
- This website contains material which is owned by or licensed
to us. This material includes, but is not limited to, the
design, layout, look, appearance and graphics. Reproduction
is prohibited other than in accordance with the copyright
notice, which forms part of these terms and conditions.<.li>
- All trademarks reproduced in this website, which are not
the property of, or licensed to the operator, are acknowledged
on the website.
- Unauthorised use of this website may give rise to a claim
for damages and/or be a criminal offence.
- From time to time this website may also include links
to other websites. These links are provided for your convenience
to provide further information. They do not signify that
we endorse the website(s). We have no responsibility for
the content of the linked website(s).
- You may not create a link to this website from another
website or document without [business name]'s prior written
- Your use of this website and any dispute arising out of
such use of the website is subject to the laws of England,
Scotland and Wales.
JMRT TRADING CONDITIONS
All business undertaken by Julie Magnus Racehorse Transport
("JMRT") is transacted subject to the conditions
set out below which will be deemed to be incorporated in and
to be a conditions of any agreement between JMRT and its customers.
JMRT is not a common carrier and only deals with animal /
goods subject to these conditions. No agent or employee of
the Company has the Company's authority to alter or vary these
The customer warrants that he is either the owner of the horses
or goods consigned or is the authorized agent of such owner
and accepts these conditions for himself/herself and for those
for whom he is acting. JMRT shall not be bound to recognise
any title to the horses in any person other than the customer.
Should JMRT however receive evidence which in its absolute
discretion JMRT may deem sufficient to establish title in
any person other than the customer JMRT may if it desires
act upon such evidence, but shall not incur any liability
to the customer or to any other person by reason of so acting.
The customer will provide a legal passport for the horse at
the time of transport. No horse will be allowed to load without
No refunds will be given once transport is booked. However
in rare circumstances (for example, death of a horse or customer
prior to transport) a credit note maybe issued less deposit
(10% or £125 whichever is the greater) and bank charges
(usually 10% of the total amount). Credit notes will have
an expiry date and will not represent any cash value nor will
it be transferable at any time. JMRT reserves the right to
accept or refuse the credit note at anytime. No refunds will
be given for horses with no passports, failing a vetting,
failing any health paperwork required for export or customer
canceling show/grading/event transport.
The customer agrees to pay JMRT the cost of transport at the
time of booking. Where bookings are far in advance (more than
1 month) then the customer may pay the deposit (usually 10%
or £125 whichever is the greater). The deposit maybe
paid by credit card/CHAPS and will provisionally book the
preferred date of travel. The rest of the full amount MUST
be paid by 10 days prior to transport. Failure to do this
will cancel the transport booked.
Any instructions given to JMRT may in the absolute discretion
of JMRT to be complied with by JMRT itself by its own servants
performing part or all of the relevant services or by JMRT
employing or instructing or entrusting the animal / goods
to others on such conditions as such others may stipulate
to perform part or all of the services.
Subject to express instructions in writing given by the customer
JMRT reserves to itself absolute discretion as to the means
route and procedure to be followed in the handling storage
and transportation of animal / goods. Further if in the opinion
of JMRT it is at any stage necessary or desirable in the customer's
interest to depart from those instructions JMRT shall be at
liberty to do so.
If JMRT shall require to board or procure the boarding of
the horses before consignment to a carrier can be arranged
or at any stage in the journey or where owing to circumstances
beyond the control of JMRT there is delay in forwarding the
horses or until payment of any sum due in respect of such
horses is received the cost of such board and expenses incidental
thereto including any necessary medicine or veterinary treatment
and any re-examination required by the import regulations
of the country of destination shall be payable by the customer
without prejudice to JMRT's rights against any other person.
JMRT is entitled to retain and be paid all brokerages commission
allowances and other remunerations customarily retained by
or paid to shipping and forwarding agents (or freight forwarders)
and insurance brokers.
Any quotation is given on the basis of immediate acceptance
and is subject to the right of withdrawal or revision. If
the cost of freight or any insurance required to be effected
by JMRT is increased above the rates prevailing at the date
of such quotation the excess shall be payable by the customer.
The customer shall be deemed to be bound by and to warrant
the accuracy of all descriptions values and other particulars
furnished to JMRT for customs consular and other purposes
and the customer undertakes to indemnify JMRT against all
losses damages expenses and fines arising from any inaccuracy
or omission even if such inaccuracy or omission is not due
to any negligence on the part of the customer his servants
The customer is responsible/liable for the horse/goods at
all times and must ensure that adequate liability insurance
is in place. Any damage caused by the horse/goods to any of
JMRT's property or employee's including horse lorries, stables,
fields, ménages, horsewalkers will be paid for by the
customer/owner. JMRT will provide an invoice from the one
of its service partners for the repair work.
All duties taxes imposts or levys of any kind levied by the
authorities at any port or place for or in connection with
the animal / goods and any payments fines expenses loss or
damage incurred or sustained by JMRT in connection therewith
and any expenses properly incurred in relation to any horses
after arrival at the port of destination before delivery to
the consignee are payable by the consignee but the customer
shall indemnify JMRT against any such payments in the event
that the consignee fails to pay the same.
No insurance will be effected except upon express instructions
given in writing by the customer and all insurances effected
by JMRT are subject to the usual exceptions and conditions
of the policies of the insurance company or underwriters taking
the risk. JMRT shall not be under any obligation to effect
a separate insurance on each consignment but may declare it
on any open or general policy. Should the insurers dispute
liability for any reason the insured shall have recourse against
the insurers only and JMRT shall not be under any responsibility
or liability in relation thereto not-withstanding that the
premium upon the policy may not be at the same rate as that
charged by the Company or paid to the Company by its customer.
Horses and goods are accepted by JMRT solely at the risk of
the customer and JMRT its servants and agents shall be under
no liability in contract tort or otherwise for the death illness
escape of or injury to any horses and damage to any goods
from whatsoever cause arising nor for any loss or damage suffered
by the customer or anyone claiming though him by reason of
anything done or omitted to be done by JMRT its servants or
agents in connection with such horses or goods nor shall JMRT
be under any liability for any delay or consequential loss
or loss of market however caused.
JMRT shall be discharged from all liabilities:
(a) for loss from a package or an unpacked consignment or
for damage deviation or mis-delivery (however caused) unless
notice be received in writing within seven days after the
end of the transit where the transit ends in the British Isles
or within fourteen days after the end of the transit where
the transit ends at any place outside the British Isles.
(b) For loss or non delivery of the whole of a consignment
or any separate animal / package forming part of the consignment
(however caused) unless notice be received in writing within
28 days of the date when the animal / goods should have been
(a) JMRT shall not be obliged to make any declaration for
the purpose of any statute or contract as to the nature of
any animal / goods or as to any special interests in delivery
unless required by law or expressly instructed by the customer
(b) Where there is a choice of rates according to the extent
or degree of the liability assumed by carriers warehousemen
or others animals / goods will be handled at customer's risk
or other minimum charges and no declaration of value (where
optional) will be made unless express instructions in writing
to the contrary have previously been given by the customer.
If the customer or any employee servant or agent or other
person authorised by the customer travels by transport arranged
or provided by JMRT or its agents JMRT is under no liability
to him/her or his/her representatives for the loss of life
personal injury or delay of or loss or damage or delay to
his property however caused or for any loss however arising.
Please ensure that the person travelling understands these
JMRT will provide haylage and water to feed and water horses
as per WADT 2006 unless provided with written instructions
to the contrary. JMRT may however in the absence of such request
or agreement arrange the feeding and watering of horses at
the expense of the customer if in the opinion of JMRT it is
reasonable to do so without incurring liability for any consequences
thereof. Any horse requiring special dietary requirements
must be in writing in advance with the attending Veterinary
Surgeon's full contact details.
Without prejudice to condition 2 above JMRT shall have the
right to enforce any liability of the customer under these
conditions or to recover any sum to be paid by the customer
under these conditions not only against or from the customer
but also if he thinks fit against or from the sender and or
consignee and or owner of the animals / goods.
Horses and goods delivered to JMRT shall be held by it subject
to a lien not only for JMRT's charges in respect of the particular
horses or goods but also for any general balance of account
due from the customer. In the event of any charges or other
monies due from the customer to JMRT not being duly paid the
Company may in its absolute discretion at any time while the
horses is in its possession custody or control after giving
such notice as may be practicable destroy give away sell or
otherwise dispose of the horses and out of the proceeds arising
from the sale or other disposition thereof retain all sums
due and owing to JMRT from the customer at the time of the
receipt by JMRT of such proceeds or thereafter accruing together
with the costs charges and expenses incurred by JMRT in the
disposal of the horses and / or goods and this condition shall
be without prejudice to the right of JMRT to recover from
the consignor any monies including such costs charges and
expenses that may be due to JMRT.
In addition to and without prejudice to the foregoing conditions
the customer undertakes that he shall in any event indemnify
JMRT against all liabilities suffered or incurred by JMRT
arising directly or indirectly from or in connection with
the customer's instructions or their implementation or the
animal / goods and in particular the customer shall indemnify
JMRT in respect of any liability it may be under to any servant
agent or subcontractor or any haulier carrier warehouseman
or other person whatsoever at any time involved with the animal
/ goods arising out of any claim made directly or indirectly
against any such party by the customer or by any sender consignee
or owner of the animal / goods or by any person interested
in the animal / goods or by any other person whatsoever.
The word "customer" in these conditions means the
person or firm at whose request JMRT has agreed to arrange
the carriage of animals / goods whether or not such person
or firm is the owner or consignor of the animal / goods.
All charges and disbursements outlaid on behalf of customers
are payable to JMRT on demand by invoice or otherwise. The
Company reserves the right to charge interest on any account
which remains unpaid 30 days or more such interest to be calculated
on a daily basis commencing 30 days after the date of any
invoice rendered by the Company at the rate of 2% per annum
above base rate from time to time of Lloyds TSB plc.
All agreements between JMRT and its customers shall be governed
by English law and be within the exclusive jurisdiction of
the English Courts.