1. BOYLE’S LIVESTOCK TRANSPORT (hereinafter referred to as “The Carrier” and which expression includes its Servants, Agents and Sub-Contractors) is not a common carrier and does accept liability as such The Carrier reserves the right to refuse the carriage of any goods (which term shall include livestock) or class of goods at its discretion and all goods or other services provided shall be subject to these conditions.
2. The Carrier reserves the right to arrange the carriage of any goods subject to these conditions by any Sub-Contractor or any other third party who shall have the full benefit of these conditions to the same extent as the carrier as if the Sub-Contractor or other party had entered into an agreement with the Consignor subject to these conditions.
3. Unless otherwise expressly agreed in writing no responsibility will be accepted by the carrier either in contract tort or otherwise for loss of or damage to or misdelivery or non-delivery of goods carried either in transit or in storage for any reason whatsoever and any except upon the Consignors written instructions and upon pre-payment of the relevant premium.
4. All goods are carried at the risk of the Consignor and insurance will not be effected by the carrier for the benefit of the Consignor except upon the Consignors written instructions and upon pre-payment of the relevant premium.
5. The Consignor warrants that he is the owner or the authorised agent of the owner of any goods the subject matter of the carriage to which these conditions relate and further warrants the person delivering any goods to the carrier for carriage or forwarding is authorised to sign a consignment note for the Consignor and to bind the Consignor to these conditions and by entering into any agreement for carriage of goods subject to these conditions the Consignor accepts these conditions of contract for the Consignee as well as for all other persons on whose behalf The Consignor is acting.
6. The Consignor will be paid and remain responsible for the carrier for all its proper charges incurred for any reason.
7. All charges shall be payable by the Consignor and if the Consignor fails to pay charges due to the carrier in respect of any services rendered by the carrier on reasonable demand being made the carrier may detain and sell all or any of the goods of that Consignor then it its possession or which come into the possession of the carrier and out of the monies arising from such sale retain the amount of charges so payable and all charges and expenses of the detention and sale and shall pay the surplus if any of the monies arising from the sale and of such of the goods as remain unsold to the person entitled thereto. Any such sale shall not prejudice or affect charges due to payable in respect of such services of the said detention and sale.