CHARLIE GIBSON HORSE TRANSPORTATION INC.
CARRIER
MC- 451364
U.S. DOT No. 566161
TERMS AND CONDITIONS OF SHIPMENT
AS A COMMON CARRIER OF PROPERTY
(General Freight, Livestock)
Horses chiefly valuable for breeding, racing,
show purposes and other special uses
BY MOTOR VEHICLE
IN INTERSTATE COMMERCE.
INCLUDING MILEAGE RATES &/OR CHARGES
EFFECTIVE:
December 18, 2024
Issued by:
Charlie Gibson, President
981 Gladner Road
Thorp, WA 98946
509-607-9904
PART I — Scope and Application
1.1 Purpose. This document establishes terms, conditions, rates and charges
applicable to transportation by Gibson Horse Transportation Inc. as a common carrier of
property (general freight, livestock and other than household goods) by motor vehicle in
interstate or foreign commerce including horses chiefly valuable for breeding, racing,
show purposes and other special uses.
1.2 Supersedeas and Modification. These Terms and Conditions of Shipment
supersede all prior documents, tariffs and other prior statements of terms, conditions,
rates and/or charges applicable to transportation by Gibson Horse Transportation Inc.
Except as otherwise expressly provided in these Terms and Conditions of Shipment, the
terms, conditions, rates and charges established herein control and take precedence over
any inconsistent or conflicting provision of any bill of lading or other transit document and
can be modified only upon the express written consent of Charlie Gibson, President of
Gibson Horse Transportation Inc.
PART II — Definitions and Rules of Construction
2.1 Definitions. As used in these Terms and Conditions of Shipment and in
Carrier’s bill of lading, the words and phrases underlined below have the meaning set
forth thereafter.
2.1.1 Agreed Value means the value of an animal agreed to or declared by
the Shipper on the bill of lading for a Shipment to be the largest amount for which Carrier
will be liable in the event of the death of, injury or other damage to, or as the result of
delay in the transportation of such animal. Unless a higher value is declared by or on
behalf of Shipper on the paper or electronic bill of lading at or prior to commencement of
transportation of a Shipment, the Agreed Value for each animal in such Shipment shall
be $5000.
2.1.2 Beneficial Owner means any person, firm, corporation (including any
non-profit corporation) general, limited, or limited liability partnership, limited liability
company, joint venture, estate, trust, association, organization or other entity or
governmental body who has an ownership interest in any animal in a Shipment at the
time the animal is loaded into Carrier’s Vehicle and receives or expects to receive a
benefit from the transportation of such Shipment.
2.1.3 Carrier means Gibson Horse Transportation Inc. and each other
carrier providing any part of the transportation of a Shipment.
2.1.4 Established Rate means the rate set forth in Carrier’s Rate Sheet,
bill of lading or other written or electronic notation applicable to a particular Shipment
where each animal in the Shipment has an agreed value not to exceed $5000.
2.1.5 Animals means domesticated or non-domesticated livestock
including horses chiefly valuable for breeding, racing, show purposes and other special
uses as set forth in the Composite Commodities List of Administrative Ruling No. 119.
2.1.6 Animals also includes livestock identified as ordinary livestock
exempt from regulation by the Federal Highway Administration under 49 U.S.C. Section
13506(a)(6)(A).
2.1.7 Shipment means one or more animals tendered to Carrier on a
single bill of lading for transportation from one or more origins to one or more
destinations. If more than one paper or electronic bill of lading form is needed or as a
matter of convenience is used to enable all animals comprising the Shipment to be
identified, then all such bill of lading forms shall comprise and be deemed a single bill of
lading.
2.1.8 Shipper means the person requesting the Carrier’s services for a
Shipment, all Beneficial Owners of each animal in such Shipment, all other persons for
whom the person requesting Carrier’s services for Shipment acts as agent in making such
request as well as any other person signing Carrier’s paper or electronic bill of lading
purportedly on behalf of Shipper
2.1.9 Vehicle means any motor vehicle, portion thereof or trailer including
one or more stalls for the transportation of animals.
2.2 Rules of Construction. As used in this document, unless the context clearly
requires otherwise, words importing the singular include the plural, and vice versa; and
words importing gender include all genders.
PART III –Carrier Responsibility, Limitation of Liability, Insurance, and
Right to Receive Attorneys Fees
3.1 General Responsibilities of Carrier. The Carrier shall be responsible only for
the actual transportation of the animal(s). The Carrier’s Established Rate does not include
the loading, unloading, handling, feeding, watering and other care of the animal(s).
Shipments may be accompanied by one or more attendants provided by Shipper and it
shall be the duty and responsibility of such attendants to care for, load and unload the
animal(s). The Carrier, its employees and agents are not liable for injuries or death
occurring to animal(s) while said employees or agents assist in the loading or unloading
of said animals. Shipper and/or the individual receiving said animal(s) shall indemnify the
Carrier and its agents for damages to equipment and for injury or death to animal(s)
resulting from negligence or willful misconduct on the part of the Shipper, the individual
receiving such animal(s) or their agents. Furthermore, if Carrier’s agents or employees
at the request of Shipper or the one receiving said animal(s) assist in the loading or
unloading of animal(s), the Shipper and/or the individual receiving said animal(s) shall
indemnify the Carrier for damages to equipment and injuries or death to the animal(s) of
the Shipper and/or receiver requesting unloading or loading assistance and also to the
animal(s) of any other Shipper or receiver occurring in connection therewith.
3.2 Limitation of Liability. Carrier’s maximum liability for the death of, injury or
damage to, or delay in the transportation of any animal shall be the Agreed Value of such
animal. Carrier does not provide insurance for Shipper’s goods. Carrier assumes the
liability of a common carrier subject to the provisions of 49 U.S.C. 14706.
3.2.1 Shipper shall release and discharge Carrier from all liability from any
cause whatsoever, unless such delay, injuries, or loss shall be caused by Carrier, or by
the negligence of Carrier’s agents or employees, and in either event, Carrier shall be
liable only to the extent of actual damage sustained, but in no event an amount greater
than the Agreed Value for the animal(s) in question.
3.2.2 Shipper shall declare the Agreed Value of each animal (which at
Shipper’s option may be any value up to and including the full value of the animal) at or
prior to commencement of transportation of the Shipment on the paper or electronic bill
of lading under the column heading “AGREED VALUE OF EACH ANIMAL ($5000
UNLESS DECLARED OTHERWISE)” or similar language.
3.2.3 If the Shipper fails or declines to agree to a value and specify same
on the bill of lading, and fails to sign the bill of lading, the Shipment will not be accepted.
If the Shipment is inadvertently accepted by Carrier without an Agreed Value stated or a
signature by Shipper on the bill of lading, the Carrier’s maximum liability will be $5000 per
animal.
3.2.4 If the Shipper individually or through its agent signs Carrier’s paper
or electronic bill of lading but fails to state an Agreed Value on Carrier’s bill of lading for
any animal at or prior to commencement of transportation, Carrier’s maximum liability for
each such animal shall be $5000.
3.2.5 The Agreed Value shall be deemed to relate to each animal
separately and not to the Shipment as a whole.
3.2.6 If the Agreed Value declared by Shipper on the bill of lading does not
exceed $5000, Carrier’s charges for the Shipment shall be based on Carrier’s Established
Rate.
3.2.7 If the Agreed Value declared by Shipper on the bill of lading exceeds
$5000, Carrier’s charges for the Shipment shall be based on Carrier’s Established Rate
plus an excess value charge of $.50 for each $100.00 or fraction thereof of excess value
per animal for each 100 miles or fraction thereof of distance from point of origin to point
of destination as determined in accordance with Section 4.4 of these Terms and
Conditions of Shipment (subject to a minimum excess value charge of $300.00 per
animal).
3.3. Should Gibson Horse Transportation Inc. successfully defend itself in a
federal court action claiming loss or damage to cargo while engaged in interstate
commerce by limiting its liability to no more than its final offer of judgment made pursuant
to F.R.C.P. 68, Gibson Horse Transportation Inc. shall be entitled to recover its
reasonable attorney’s fees and costs.
3.4.
Shipper and Carrier agree the laws of the United States regarding the
Carrier’s maximum liability for cargo loss apply regardless of the point of origin or the
routing of the shipment and, where the Carmack Amendment does not apply in
accordance with its terms, the parties hereby agree and incorporate the same by
reference into this contract.
3.5. Shipper and Carrier agree signatures obtained by electronic means are valid
for transacting business with each other, as is a signature provided manually and agree
not to withdraw its consent to the use of electronic signatures without providing written or
electronic notice to the other at least ten (10) days in advance of consent being withdrawn.
PART IV — General Terms and Conditions
4.1 Warranty of Shipper. Shipper individually or through Shipper’s agent warrants
the animals are in all respects fit and suitable for the intended transportation.
4.2 Persons Bound. The provisions contained within these Terms and Conditions
of Shipment and Carrier’s paper or electronic bill of lading shall enure to the benefit of
and be binding upon the parties hereto, all Beneficial Owners of the property identified
herein, and all Carriers handling the Shipment or any part thereof and shall apply to any
return or reconsignment of the Shipment. The Shipper (including all Beneficial Owners
of the Shipment) and each consignee shall be jointly and severally liable for payment of
Carrier’s lawful charges.
4.3 U.S. Currency. Rates and charges are stated and payable in U.S. dollars and
cents.
4.4 Determination of Mileage. Where Carrier’s rates are based on the number of
miles an animal is transported, mileage shall be determined by Carrier using the most
convenient mileage guide available. The actual number of miles traveled via the Carrier’s
routing from origin to destination as determined by Carrier will apply unless the Shipper
requests transportation via a longer route, in which event the number of miles via the
route requested by Shipper shall apply.
4.5 Carrier Convenience/Interline Arrangements. Carrier makes no warranty,
expressed or implied, any animal(s) will be transported on any particular schedule, will be
loaded, delivered or transported at any particular time, on any particular equipment or by
any particular Carrier. Carrier further retains the right, at its option, to deliver shipper’s
animal(s) to other individuals or entities for all or a portion of a trip, taking into
consideration, without limitation, earlier delivery to ultimate destination, the safety and
well-being of the animal(s), reduction or elimination of layover time and the costs and
inconvenience to Shipper or animal(s).
4.6 Limitation of Service. The Carrier is not obligated to transport property for
which it does not have suitable or sufficient equipment, nor to accept Shipments except
as equipment is available.
4.7 Impractical/Unsafe Operations. Transportation service will not be performed
where conditions of roadways, streets, alleys or premises over which vehicles must
operate are such that in Carrier’s judgment it is impractical or unsafe to operate. If at any
time in the judgment of Carrier it is impractical or unsafe to deliver or to continue
transporting a Shipment or any part thereof, Carrier shall make a reasonable effort to
notify the Shipper, and upon notification Shipper may elect to reconsign the Shipment or
affected part thereof in accordance with Section 5.3 of these Terms and Conditions of
Shipment. If after making a reasonable effort Carrier has been unable to provide
notification to Shipper as contemplated by this Section 4.7 or if upon notification Shipper
fails or declines to reconsign the Shipment or affected part thereof, the Shipment or
affected part thereof shall thereupon be deemed to have been tendered for delivery and
the provisions of Section 4.18 of these Terms and Conditions of Shipment shall apply.
4.8 Cancellation of Service. When a request for service is placed by Shipper for
transportation service, and, due to no fault of Carrier, the cancellation of such request for
service is not made prior to Carrier’s dispatch of vehicle, a charge of $2.00 per mile (but
in no event less than $100.00) will be assessed and computed from the point of dispatch
to the point of origin and return to the point of dispatch.
4.9 Claims. Claims for loss or damage are governed by the provisions of 49 C.F.R.
Claims for duplicate payment and overcharges are governed by the provisions of
49 C.F.R. 378. As a condition precedent to recovery, claims must be filed in writing with
the receiving or delivering Carrier or Carrier issuing this bill of lading, or Carrier on whose
line the loss, damage, injury or delay occurred, or Carrier in possession of the property
when a loss, damage, injury or delay occurred, within nine months after delivery of the
property (or in the case of export traffic, within nine months after delivery to port of export)
or, in the case of failure to make delivery, within nine months after a reasonable time for
delivery has lapsed. Suits shall be instituted against any Carrier only within two years
and one day from the day when notice in writing is given by the Carrier to the claimant
that the Carrier has disallowed the claim or any part or parts thereof specified in the notice.
Where claims are not filed and suits are not instituted thereon in accordance with the
foregoing provision, no Carrier hereunder shall be liable and such claims will not be paid.
4.10 Carrier’s Established Rate for Transportation. Carrier’s Established Rate
includes transportation of animal(s) from points of origin to points of destination and does
not include the loading or unloading of same unless while en route and for the best
interests of the animal(s). Carrier’s Established Rate also does not include any incidental
charges deemed reasonable and necessary by Carrier related to the shipment including,
but not limited to, costs for veterinarian services, hospital and medical-related expenses
and layover charges, said costs being in addition to Carrier’s Established Rate.
4.11 Bill of Lading. When animals are transported subject to the provisions of
these Terms and Conditions of Shipment, the acceptance of the use of the Carrier’s paper
or electronic bill of lading is required. The application of the rates established by Carrier
is conditioned upon the use of Carrier’s paper or electronic bill of lading.
4.12 Shipper’s Copy of Bill of Lading. Shipper, individually or through its agent,
and Carrier agree if Shipper or Shipper’s agent does not receive a copy of the bill of lading
prior to or at the Shipment’s point of origin, Carrier will provide a copy of the bill of lading
to Shipper or Shipper’s agent at final destination or email/mail it to Shipper or Shipper’s
agent after delivery, upon receipt by Carrier of Shipper or Shipper’s agent’s written or
electronic request to do so.
4.13 Conduct and Condition of Animals. Shipper agrees Carrier shall not be
responsible for the conduct or acts of the animals to themselves or to each other such as
biting, kicking, goring or smothering, nor for loss or damage arising from the condition of
the animals themselves, or which results from their nature or propensities, which risks are
assumed by Shipper.
4.14 Import/Export Costs. Where import regulations of the country/state/province
of destination or any intermediate country/ state/province require certificate(s) relating to
the health of the animal(s), the cost of any necessary veterinary expense shall be borne
by the Shipper and is not included in Carrier’s Established Rate. All other charges
incidental to international border crossings including user fees shall be borne by Shipper
and are likewise not included in Carrier’s Established Rate. All duties, taxes, imports or
levies of any kind payable at the port of destination or any intermediate port, and any
expenses properly incurred in relation to the animals after arrival at the port of destination
before delivery to the one receiving the animal(s) are payable by the one receiving the
animal(s) but the Shipper shall indemnify the Carrier against any such payments which
the Carrier shall be required or deem it necessary to make.
4.15 Standby Rates. When Carrier is required by actions or inactions of Shipper
or Shipper’s agent to delay overnight the departure of a Shipment due to no fault of
Carrier, standby rates shall apply. Standby rates shall be the equivalent of applicable
driver pay and necessary subsistence, and shall be in addition to all other rates applicable
to the shipment.
4.16 Rejected Shipments. If, for any reason not ascribable to the Carrier, a
Shipment is rejected, it may be returned to the point of origin (or a different location
agreeable to Carrier) upon order of the Shipper. The rate on the return movement will be
that provided by Section 5.2 entitled “Exclusive Use of Vehicle” as set forth in these Terms
and Conditions of Shipment.
4.17 Redelivery. If a Shipment or part thereof is tendered for delivery and delivery
cannot be accomplished through no fault of the Carrier, the Shipment or applicable part
thereof and tack associated therewith will be left at the nearest available facility
acceptable to Carrier. No further effort will be made to effect delivery, except on request
and at the charge provided in Section 5.2 entitled “Exclusive Use of Vehicle” for the actual
distance traveled. All storage, feed and stable facility charges must be paid by the
Shipper.
4.18 Credit Terms. Following presentation of a billing statement from Carrier, the
person responsible for payment of such charges shall have a credit period of 30 days in
which to make payment. Accounts unpaid as of the expiration of the credit period shall
be subject to a service charge of one (1%) percent per month or fraction thereof (12
percent per annum) on the unpaid account balance beginning with the day following the
last day of such credit period.
4.19 Carrier’s Right to Sell Animals. Upon arrival of the animal(s) and
paraphernalia at destination, unless prior credit arrangements are made, Shipper or the
person who is to receive said animal(s) shall forthwith receive said animal(s) and
paraphernalia and pay the charges due, if not prepaid, and if Shipper or the person to
receive said animal(s) fails or refuses to duly receive said animal(s) and paraphernalia
and pay charges due, Carrier or a connecting Carrier having said animal(s) and
paraphernalia in its charge, may, as agent of Shipper, have said animal(s) and
paraphernalia provided for in some suitable place at the cost and risk of Shipper, and
subject to a lien for all freight and other lawful charges including a reasonable charge for
stable rent . Carrier may at any time or times thereafter sell said animal(s) and/or
paraphernalia or any number of them, at public or private sale, with or without notice, as
Carrier may deem necessary, and apply the proceeds arising therefrom, or so much as
may be needed for the payment of any charges that may be due Carrier plus any other
necessary costs and expenses.
4.20 Collection Costs. In the event Shipper’s account is turned over by Carrier for
collection, Shipper and Beneficial Owner agree to pay all collection and court costs, legal
interest and reasonable attorney fees.
4.21 Severability. In the event any part, portion, term or condition of Carrier’s
paper or electronic bill of lading or these Terms and Conditions of Shipment shall be held
to be unenforceable, the remaining parts, portions, terms or conditions thereof shall
nevertheless continue to be valid and enforceable as though the invalid or unenforceable
part, portion, term or condition had not been included.
PART V — Special Services
5.1 Loading in Excess of Capacity. Where the Shipper at Shipper’s own risk
deems it necessary to ship a number of animals (other than thoroughbred or standard
bred racehorses and show horses) which exceed normal vehicle capacity and the bill of
lading is stamped or so marked, Shipper may obtain such service.
5.2 Reconsignment or Diversion. At the request of Shipper, Carrier will attempt
to accomplish reconsignment or diversion of any Shipment unless deemed impractical by
Carrier, subject to the following provisions:
5.2.1 Reconsignment or diversion will include any or all the following:
Change in name of one receiving animal(s); change in address of one receiving animal(s);
or change in destination of Shipment.
5.2.2 The party requesting reconsignment or diversion shall be responsible
for all communication expenses incurred by the Carrier in an attempt to effect a
reconsignment or diversion, regardless whether Carrier’s efforts are successful.
5.2.3 When change in destination of the Shipment is involved, the new point
of destination must be within the scope of Carrier’s operations as set forth in Section 1.1.
5.3 Requirement for Box Stall. Should the Shipper or the Carrier deem it
necessary for an animal to occupy a box stall, a box stall being defined as a stall the
entire width of the vehicle (approximately ten feet wide by six feet deep) the Established
Rate for one animal will be doubled. One mare and foal will be subject to a minimum
charge of two times the Established Rate for one horse. Where the Carrier provides one
or more box stalls solely for the Carrier’s own convenience without regard to the particular
requirements of such animal and without request of the Shipper, the provisions of this
Section 5.3 shall not apply.
5.4 Stopping in Transit. If a Shipment moving on one bill of lading from one point
of origin at one time to one destination is stopped in transit at any point or place at the
request of Shipper or Shipper’s agent for the purpose of partial loading or unloading of
animals or retrieval of documents, tack, pets, paraphernalia, etc., the following provisions
apply:
5.4.1 The Carrier’s bill of lading must show the point or points at which the
Shipment is to be stopped for partial loading or unloading together with a complete
description of the animals to be loaded or unloaded at each point and the name and
address of the party to whom each animal is to be delivered. If delivery is made to more
than one address in the same city, town or village, each delivery will be considered a
separate stop in the application of this section.
5.4.2 The substitution of animals other than those animals originally loaded
or the exchange of contents of the load in any manner is prohibited.
5.5 Attendants.
5.5.1 In consideration of attendant’s request for transportation without
charge in the body of the vehicle wherein animals are transported, said animals being
under the full care of the attendant(s) , each attendant agrees to indemnify, defend and
hold Carrier harmless from any and all loss, cost, claim, expense, cause of action, loss of
use and liability by reason of injury (including death) to persons or damage to property
arising out of the use, operation, maintenance or control of cargo or motor vehicle
equipment the attendant may have against Carrier, its agents, employees, officers,
successors and assigns. Further, each attendant agrees to assume all risk of injury to
himself/herself while being transported.
5.5.2 Costs for attendants provided by Carrier accompanying and caring
for Shipper’s animal(s) will be passed on to Shipper.
5.5.3 Indemnification of Carrier. The shipper personally and where
applicable his/her agent shall indemnify and save harmless the Carrier from any and all
claims, liabilities and demands of any and every nature arising out of any personal injury
or death, or loss or damage of any and every kind or nature sustained by an attendant or
attendants requested or supplied by shipper or shipper’s agent while in, upon or about
the vehicle of the carrier or incurred while acting as attendant for the aforementioned
animals.
5.6 Mascots and Stable Equipment. Carrier’s Established Rate also includes the
transportation without additional charge of:
(a) Not more than two ordinary pets or mascots for each animal in the
Shipment.
(b) Stable equipment consisting of anvils, blankets, boxes, feed, halters,
harness, riding tack, saddles, tools and equipment not otherwise specified,
not to exceed 400 pounds per animal.
5.6.1 Stable equipment exceeding the above-mentioned limits, and/or
exceeding the vehicle’s tack accommodation will be transported where stall space is
available. Shipper agrees to pay the applicable rate for the stall space used with a
minimum of one stall space.