1. 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 conditions.

2. 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.

3. The customer will provide a legal passport for the horse at the time of transport. No horse will be allowed to load without a passport.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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 or agents.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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 delivered.

17. (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 in writing.
(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.

18. 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 conditions.

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.

25. All agreements between JMRT and its customers shall be governed by English law and be within the exclusive jurisdiction of the English Courts.