1. Interpretation

In these Terms:

"TELC" - means The Equine Logistics Company Limited of Estate Office, Westerlands, Graffham, Petworth, West Sussex, GU28 0QJ

"Client" - means the person named on the Confirmation of Client Order for whom TELC has agreed to provide the Service in accordance with the Terms and the Confirmation of Client Order (and whether or not such named person is the owner or consignor of the animals/goods);

"animals/goods" - means the horses and other livestock or animals and goods the subject of the contract

"Client input" - means all data or other information or instruction (including but not limited to descriptions, values and other particulars) or obligations (including but not limited to liaison with a payment for the services of any veterinary surgeon ) required of and/or needed from and/or given by or required to be provided by the Client relating to the Service;

"Confirmation of Client Order" - means the confirmation, issued by TELC in accordance with clause 2.2, of an order placed by the Client as a result of the Client's consultation with TELC and quotation provided pursuant to clause 2.1 and confirming, without limitation, the Price, the Service, the TELC Deliverables and any timescales in relation to provision of the Service;

"Contract" - means the contract for the provision of the Service comprising a Confirmation of Client Order and the Terms;

"Deposit" - means, where indicated in the Confirmation of Client Order that a deposit is payable, an amount payable in accordance with clause 3.4

"Price" - means the price as shown in the Confirmation of Client Order (including, where payable, the Deposit) payable by the Client to TELC for the provision of the Service and the TELC Deliverables

"Service" - means the service in relation to the shipping and transport of animals/goods to be provided by TELC for the Client and described in a Confirmation of Client Order

"Terms" - means these Standard Terms of Service

"TELC Deliverables" - means bookings, tickets, couriers provided by TELC as part of the Service

2 Supply of the Service

2.1 TELC and the Client will consult together whether on the telephone or otherwise to enable TELC to ascertain the Client's requirements and for TELC to provide a quotation to the Client and to inform the Client of any Client input required by TELC or necessary in order to perform the Service. Quotations are given on the basis of immediate acceptance.

2.2 Following such consultations and acceptance by the Client of TELC's quotation, TELC will send to the Client by e-mail or post a Confirmation of Client Order together with a copy of the Terms. If the cost of any item specified on the Confirmation of Order including, but not limited to freight, transport or any insurance agreed to be effected by TELC is increased above the rate prevailing at the date of such quotation the excess shall be payable by the Client. No order will be deemed accepted by TELC until acknowledged in writing and/or issue of an invoice by TELC or (if earlier) commencement or provision of the Service by TELC.

2.3 TELC will provide the Service to the Client in accordance with the Confirmation of Client Order and subject to the Terms. Any changes or additions to the Service or the TELC Deliverables must be agreed in writing by TELC and the Client and any changes or additions to the Service may be subject to additional charge or separate contract.

2.4 The Client hereby warrants that he/she/it is either the owner of the animals/goods in relation to which the Service is provided ("the Owner") or is the duly appointed agent of the Owner and that, in entering into the Contract, he/she/it does so as disclosed or undisclosed agent for the Owner. The Client further warrants that the Owner is the unencumbered owner of such animals/goods and TELC will not be bound to recognise any title to such animals/goods in any other person provided always that, in the event that TELC is in receipt of any information which causes it to believe the contrary, it may act on such information as it deems necessary without incurring any liability to the Client. The Client shall indemnify TELC against any claim by any person having an interest in the animals/goods and any costs or expenses associated with such claim.

2.5 The Client will at its own expense supply all necessary Client Input relating to the Service within sufficient time to enable TELC to provide the Service in accordance with the Contract. The Client warrants the accuracy of all descriptions, declarations, values and other information and particulars furnished to TELC for the purposes of customs, consular requirements and otherwise and shall ensure the accuracy and completeness of all Client Input and indemnify TELC against all losses, liabilities, damages, costs, claims, actions, demands, penalties and fines arising out of or in connection with any such inaccuracy or any omission by the Client, its servants or agents, whether inadvertent, negligent or otherwise.

2.6 TELC will have no liability for any loss or damage, however caused, to any Client Input and the Client shall, where appropriate, at its own expense retain duplicate copies of all Client Input and insure against its accidental loss or damage. All TELC Deliverables will be a the sole risk of the Client from the time of delivery to or to the order of the Client

2.7 The Client shall indemnify and keep TELC fully indemnified against any loss or damage suffered or incurred by TELC as a result of any consignor, consignee or other third party failing to make payment of:

2.7.1 any duty, taxes, imposts or levies of any kind imposed by any port of other authority in connection with any animals/goods;

2.7.2 any payments, fines penalties or expenses incurred or sustained by TELC in connection therewith; and/or

2.7.3 any expenses properly incurred by TELC in relation to any animals/goods before or after arrival at the port of destination and prior to delivery to the consignee.

2.8 TELC may at any time without notifying the Client make any changes to the Service which are necessary to comply with any applicable statutory requirements or which do not materially affect the nature or quality of the Service.

3 Consignment of Animals/Goods

3.1 TELC is not a common carrier and provides the Service subject to the Terms and the Confirmation of the Client Order only.

3.2 Risk in the animals/goods shall remain with the Client notwithstanding that TELC or any third party may have assumed possession custody or control of the same and neither TELC nor its servants or agents shall have any liability in contract tort or otherwise for the death illness escape or theft of or injury damage destruction deterioration to any animals/goods from whatever cause nor for any loss or damage suffered or incurred by the Client or anyone claiming through the Client by reason of anything done or not done by TELC its servants agents or sub-contractors in connection with any animals/goods.

3.3 TELC shall have a general lien on any animals/goods in its possession custody or control in respect of all sums owing to TELC under the Contract and under any other account due from the Client to TELC. Without prejudice to any other right or remedy of TELC under the Contract, in the event that any such sums due to TELC from the Client are not duly paid, TELC may in its absolute discretion destroy, give away, sell or otherwise dispose of any animals/goods in its possession custody or control and TELC shall be entitled to retain from the proceeds of such sale or other disposal an amount equal to all or any sums due and owing to TELC from the Client as aforesaid together with all costs charges and expenses incurred by TELC in relation to the sale or other disposal of such animals/goods.

3.4 Unless otherwise stipulated by the Client in writing, TELC shall be entitled to adopt such mode, route and procedures as it shall in its sole discretion determine in the handling storage transport and shipping of the animals/goods and may sub-contract its obligations under the Contract and employ or instruct or entrust the animals/goods to such third parties (including carriers) as TELC shall in its absolute discretion determine and on such terms and conditions as it may agree with such third parties.

3.5 TELC shall have no liability for loss or damage or for any non-delivery or mis-delivery of any consignment or part thereof and shall be under no liability to feed and/or water any animal unless requested by the Client and agreed by TELC in writing provided always that TELC may, in the absence of such request and agreement, feed or arrange for the feeding of any animal at the expense of the Client and without any liability of the Client, if, in the opinion of TELC, it is reasonable so to do.

3.6 In the event that any animal shall need to be boarded prior to consignment to a carrier or at any stage during transit (including, but not limited to circumstances in which a delay arises due to events beyond TELC's control or where payment in respect of such animal is awaited) the Client shall be liable for and shall pay all costs of such board and incidental expenses (including, but without limitation in relation to any necessary medicine or veterinary treatment and any re-examination require by the import regulations of the country of destination).

3.7 TELC shall be entitled to retain and receive all brokerages, commission allowances and other remuneration usually retained by or paid to the shipping or forwarding agents (or freight forwarders) and insurance brokers.

3.8 TELC shall have no obligation to make any declarations as to the nature of any animals/good or as to any special interest in relation to delivery thereof unless required by law.

3.9 In circumstances where rates offered by carriers, warehousemen or other persons differ in relation to assumption of comparable levels of risk, TELC may choose to handle any animals/goods at the lowest rate so offered or require the Client to assume such itself. TELC shall make no declarations of value (where optional) unless in receipt of prior written instruction from the Client.

4 Price

4.1 Subject to any special terms agreed, the Client will pay TELC the Price and any additional sums which are agreed between TELC and the Client for the provision of the Service or which, in TELC's sole discretion, are required as a result of the Client's instruction or lack of instructions, the inaccuracy of any Client Input or any other cause attributable to the Client. Time for payment is of the essence of the Contract.

4.2 The price is exclusive of any Value Added Tax, for which the Client will be additionally liable at the applicable rate from time to time.

4.3 Where the Confirmation of Client Order indicates that a Deposit is payable, TELC will invoice the Client for, and the Client will pay, the Deposit (together with any applicable Value Added Tax) within 7 days of the invoice. TELC reserve the right to delay commencement of the Service until receipt in full an in cleared funds of the Deposit. The Deposit is non-refundable.

4.4 TELC will invoice the Client for the Price (or, where a Deposit is paid, the balance of the Price) as set out in the Confirmation of Client Order.

4.5 The Price or, where appropriate, the balance of the Price and any additional sums and charges payable will be paid by the Client (together with any applicable Value Added Tax, and without any set-off or other deduction) on receipt of invoice (which shall be deemed to be 72 hours after posting or, if sent by facsimile transmission or e-mail on receipt) or immediately prior to shipment which ever is the earlier.

4.6 All expenditure charges costs expenses and disbursements incurred on behalf of the Client in the provision of the Service will be invoiced to the Client and will be payable to TELC together with Value Added Tax on demand.

4.7 If payment of any sum is not made on the due date or, where applicable, when demanded, TELC will be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgment) at the rate of 5 per cent above the base rate from time to time of Nat West Bank plc from the due date until the outstanding amount is paid in full.

5 Insurance

5.1 TELC SHALL HAVE NOT OBLIGATION TO EFFECT INSURANCE IN RESPECT OF ANY PARTICULAR CONSIGNMENT OR AT ALL AND THE CLIENT ACCEPTS AND ACKNOWLEDGES THAT IT IS THE CLIENT'S SOLE RESPONSIBILITY TO INSURE THE ANIMALS/GOODS IN ACCORDANCE WITH CLAUSE 5.2

5.2 The Client shall (unless otherwise agreed in writing with TELC) take out insurance against all customary perils including loss by theft or escape or otherwise injury illness destruction damage deterioration and death and shall maintain such insurance in full force and effect throughout the period when the animals/goods are (or would be but for the occurrence of one or more of the insured risks be) out of the custody or control of the Client.

5.3 In the event that any insurer of the animals/goods disputes liability for any reason whatsoever, TELC shall have no liability in relation thereto and the Client or insured shall have recourse against the insurer only.

6 Liabilities

6.1 TELC will provide the Service using all reasonable care and skill.

6.2 TELC will use its reasonable endeavours to complete the Service within any timescales set out in the Confirmation of Client Order and otherwise as soon thereafter as reasonably possible. Time of delivery and/or completion (unless otherwise agreed between the parties in writing) is not of the essence of the Contract.

6.3 TELC will have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any Client Input or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form.

6.4 Notwithstanding, and without any prejudice to, any other provision of the Contract, the Client shall indemnify TELC and keep it fully indemnified against all losses, liabilities, costs claims actions or demands (including legal costs, fines or penalties) suffered or incurred by TELC arising directly or indirectly out of or in connection with;

6.4.1 any Client Input (including but not limited to any instructions given by the Client or their implementation by TELC), and/or

6.4.2 any claim, action or demand made or brought against TELC in connection with the animals/goods by any servant, agent or subcontractor or any carrier, warehouseman, consignee, customs's authorities or other person whomsoever (and whether or not any such claim demand or action arises out of a claim demand or action against any such person by the Client or any sender or consignee of such animals/goods or by the Owner of any person interested in them or otherwise).

6.5 Except in respect of death or personal injury to persons caused by TELC's negligence, or as expressly provided in the Terms, TELC will not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, any duty at common law, or under the express terms of the Contract, for any loss of profit or loss of market or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of TELC, its servants or agents or otherwise) which arise out of or in connection with the provision of the Service or TELC Deliverables (including any delay in providing or failure to provide the Service or TELC Deliverables) or their use by the Client or any loss or destruction, damage or deterioration or injury to or death of any animal and/or goods, and the entire liability of TELC will not exceed the Price received by TELC for the provision of the Service (excluding Value Added Tax) in relation to the animal/goods in question, except as expressly provided in the Terms.

6.6 Where the Service is provided under a consumer transaction (as defined in the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Client are not adversely affected.

6.7 If the Client or any employee servant or agent or other person authorised by the Client travels by transport arranged or provided by TELC or its servants agents or sub-contractors, TELC shall be under no liability to the Client for death or personal injury unless caused by the negligence of TELC or for any other loss or damage howsoever caused or for any delay in arrival of the person or property of the Client, its employee servant or agent or other person authorised by the Client.

6.8 TELC will not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of TELC's obligations in relation to the Service, if the delay or failure was due to any cause beyond TELC's reasonable control.

7 Termination

7.1 The Contract may be terminated (without limiting any other remedy) immediately by TELC if the Client fails to pay any sum when due and immediately by either party if the other commits any breach of the Terms and (if capable of remedy) fails to remedy the breach within 14 days after being required by written notice to do so, or if the other goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.

7.2 Termination of the Contract for any reason (including cancellation or purported cancellation by the Client) does not avoid the Clients's liability to pay for the Service and TELC Deliverables or any part already provided or ready for provision by TELC or any of its servants agents or sub-contractor, or for any Deposit not paid at such date any costs incurred or agreed to be incurred by TELC with third parties prior to the date of such termination or cancellation or purported cancellation relating to preparation or provision of the Service

7.3 On termination of the Contract, all provisions of the Contract will cease to have effect, except that any provision which can reasonably be inferred as continuing or is expressly stated to continue will continue in full force and effect.

8 General

8.1 The Client agrees that TELC will be entitled to use the Client's name in its marketing material

8.2 The Terms (together with the Confirmation of Client Order) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. all other terms, express or implied by statute or otherwise, are excluded to the fullest extend permitted by law.

8.3 The Contract is personal to the Client and the Client may not assign all or any of its rights and obligations hereunder without the prior written consent of TELC.

8.4 A notice required or permitted to be given by either party to the other under the Terms will be deemed to have been duly given if left or sent by post, facsimile transmission or by electronic mail addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

8.5 No failure of delay by either party in exercising any of its rights under the Contract will be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other will be considered as a waiver of any subsequent breach of the same or any other provision.

8.6 If any provision of the Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Terms and the remainder of the provision in question will not be affected.

8.7 No term of any Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to this Agreement.

8.8 English law will apply to the Contract, and the parties agree to submit to exclusive jurisdiction of the English courts.