AIRBORNE EQUINE COMPANY (CLL)
General Terms and Conditions for Equine Transport Services
State of Kuwait
Effective Date: May 1, 2026
These General Terms and Conditions ('T&C') apply to all agreements between Airborne Equine Company (CLL) ('Company') and its clients ('Client') for the provision of equine transport and related logistics services, including but not limited to domestic and international horse transportation, veterinary coordination, and care services.
These T&C shall be deemed accepted by the Client upon:
1. Signing and initialing the service agreement;
2. Providing written consent via email or documented communication like WhatsApp;
3. Using the Company's services, which constitutes implicit acceptance.
These T&C apply unless the parties have executed a separate written contract prior to service commencement, in which case the written contract shall prevail to the extent of any conflict.
In compliance with Kuwait's Digital Trade Law (Law No. 10/2026), all communication, acceptance, and contractual documentation may be conducted electronically, including email, WhatsApp, or the Company's digital platform.
For purposes of this agreement:
1. 'Horse' shall mean one or more equines (horses, or similar animal) entrusted to the Company for transport;
2. 'Transport' includes pickup, logistical arrangements, in-transit care, and delivery to the agreed destination;
3. 'Third Party' includes carriers, veterinarians, customs brokers, border authorities, and any service providers retained by the Company;
4. 'Force Majeure Event' means circumstances beyond the Company's control, including weather, civil unrest, government actions, pandemics, strikes, or regulatory changes affecting animal movement.
3.1 The Client authorizes the Company to perform the transport agreement or engage Third Parties at the Company's discretion.
3.2 The Client expressly authorizes the Company to:
a) Take all necessary measures to organize and execute animal transport;
b) Communicate with border authorities, customs officials, and government agencies;
c) Make decisions regarding animal welfare in emergency situations.
3.3 The Company reserves the right to deviate from agreed arrangements if necessary for safety or animal welfare reasons. Additional costs resulting from deviations shall be borne by the Client. The Client has implicit acceptance to the deviation.
3.4 The Client shall provide all required documentation (export permits, health certificates, vaccinations, microchip information) in a timely manner. Failure to provide necessary documentation shall not relieve the Company of its responsibility to attempt transport, but any resulting costs shall be borne by the Client.
4.1 These T&C shall be governed by and construed in accordance with the laws of the State of Kuwait, including but not limited to:
a) The Kuwaiti Civil Code (Decree-Law No. 67/1980);
b) The Kuwaiti Commercial Code (Law No. 68/1980);
c) The Kuwait Digital Trade Law (Law No. 10/2026);
d) The Kuwaiti Law of Arbitration (Law No. 21/2015);
e) Any other applicable Kuwaiti legislation.
4.2 ARBITRATION CLAUSE: Any dispute arising out of or relating to this agreement, including disputes regarding the validity, interpretation, performance, or breach of these T&C, shall be exclusively resolved through binding arbitration in accordance with the Kuwaiti Law of Arbitration and the Rules of the Kuwait Chamber of Commerce and Industry.
4.3 Arbitration Details:
a) Arbitral Seat: Kuwait, State of Kuwait.
b) Number of Arbitrators: One (1) Arbitrator.
c) Language of Arbitration: Arabic.
d) Applicable Rules: Kuwait Chamber of Commerce and Industry Arbitration Rules
e) The arbitration shall be conducted on a confidential basis
f) Costs of arbitration shall be allocated according to the arbitrator's determination
4.4 Notwithstanding the arbitration clause, either party may seek provisional or conservatory measures from the Courts of Kuwait prior to arbitration initiation.
4.5 The arbitral award shall be final, binding, and enforceable in accordance with Kuwaiti law and international conventions to which Kuwait is a party.
No Cancellation allowed after payment. 100% of the agreed service fee shall be due, with no refund.
If Company did some test or paid for any related cost before cancellation, these costs should be refunded by client.
Article 6: Liability, Limitation of Liability, and Indemnification
6.1 INHERENT RISKS: The Client acknowledges that equine transport involves inherent risks, including but not limited to:
a) Physical injury to the animal
b) Illness or death of the animal
c) Stress-related behavioral issues
d) Damage to property belonging to the Client or Third Parties
e) Delays or denial of entry due to regulatory or health reasons
f) Unforeseen veterinary complications.
6.2 LIMITATION OF LIABILITY: Except in cases of willful intent or gross negligence as defined under Kuwaiti law:
a) The Company shall NOT be liable for any injury, illness, death, or behavioral changes to the animal;
b) The Company shall NOT be liable for indirect, consequential, or special damages (including loss of business, loss of use, diminution in animal value);
c) The Company's liability for direct damages shall be limited to the lesser of:
6.3 CLIENT ASSUMPTION OF RISK: The Client assumes all risks associated with the animal's condition, including pre-existing health conditions, behavioral issues, and vaccine status, and shall not hold the Company liable for complications arising from such conditions.
6.4 INDEMNIFICATION: The Client shall indemnify and hold harmless the Company from all claims, damages, costs, and expenses (including legal costs) arising from:
a) Third-party claims related to the animal (injury to persons, property damage);
b) Regulatory non-compliance by the Client;
c) Misrepresentation of the animal's condition, behavior, or health status;
d) Breach of these T&C by the Client.
6.5 BORDER REFUSAL: All costs arising from animal refusal at destination borders (including overnight accommodation, feeds, veterinary care, return transport) shall be borne by the Client. The Client authorizes the Company to pass these costs directly to the Client.
7.1 CLIENT'S RESPONSIBILITY: The Client is responsible for obtaining comprehensive insurance coverage for the animal during transport, including coverage for death, injury, and veterinary care.
7.2 The Client shall ensure that the insurance policy covers:
a) Transport-related incidents during the entire journey;
b) Emergency veterinary treatment;
c) administrative costs in case of border refusal or denial of entry.
7.3 MEDICATION AND INSURANCE: The Client shall inform the Company in writing if any medication, sedation, or treatment is prohibited under the insurance policy. If the Company administers prohibited substances in good faith while caring for the animal, the Client assumes all consequences and shall indemnify the Company against insurance claims denial or reduction.
7.4 The Company shall maintain appropriate liability insurance for its operations, but this does NOT waive the Client's responsibility to obtain separate animal-specific coverage.
8.1 PRICING: The service fee shall be as quoted in the Company's written estimate or invoice, exclusive of VAT and other statutory levies.
8.2 Itemized invoices for additional costs shall be provided to the Client within 10 business days of service completion.
8.3 PAYMENT TERMS: Payment is due within the period mentioned in the invoice via:
a) Bank transfer to the Company's designated account;
b) Credit card;
c) Cash payment (in Kuwaiti Dinar or agreed currency).
8.4 JOINT AND SEVERAL LIABILITY: If the agreement involves multiple Clients, all Clients shall be jointly and severally liable for the full fee, inclusive of all additional costs.
8.5 NO OFFSETTING: The Client may not offset invoices against counterclaims or deduct disputed amounts without prior written agreement.
8.6 COMPLAINT PROCEDURE: Any invoice disputes must be communicated in writing (email or registered letter) within the period mentioned in the invoice. After 21 days, all rights to challenge the invoice shall lapse. Complaints do not suspend payment obligations.
8.7 PAYMENT ALLOCATION: Payments shall be allocated in the following order: (1) collection costs, (2) oldest outstanding invoices.
Article 9: Limitation of Claims
9.1 All claims against the Company must be brought before the designated arbitrator or competent court within one (1) year from the date the Client became aware of the claim. Claims not brought within this period shall be permanently barred.
9.2 This period may be extended only by written agreements of both parties signed prior to the expiration date.
10.1 The Company reserves the right to combine the Client's animal with animals from other clients to optimize logistics and reduce costs, unless the Client requests individual transport and agrees to the higher cost differential.
10.2 If the Client expressly requests individual transport in writing prior to service commencement, the Company shall accommodate this request if operationally feasible, provided that the Client accepts additional costs.
10.3 The Company shall not be held responsible if, without its knowledge, the third-party carrier accepts additional animals on the same transport beyond the Company's arrangement.
11.1 In compliance with the Kuwait Digital Trade Law (Law No. 10/2026), the Company shall:
a) Protect Client information with reasonable security measures;
b) Use Client data solely for transport coordination, invoicing, and regulatory compliance;
c) Not disclose Client information to Third Parties except as necessary for service delivery.
11.2 The Company shall maintain records of electronic communications as per Kuwaiti law requirements for a minimum of 5 years.
11.3 The Client consents to the Company sharing necessary animal information (health status, behavior, vaccination records) with veterinarians, border authorities, and regulatory agencies as required for transport compliance.
12.1 In accordance with the Kuwait Digital Trade Law (Law No. 10/2026), the Client agrees that all communication, agreements, invoicing, and dispute notifications may be conducted electronically via:
a) Email;
b) WhatsApp or other messaging platforms;
c) Digital platforms or portals;
d) Recorded telephone calls.
12.2 Electronic signatures and digital records shall have the same legal validity as original documents under Kuwaiti law.
12.3 The Company may store, archive, and produce electronic communications as evidence in any dispute or legal proceeding.
12.4 The Client waives the right to challenge the validity of electronic communications on the grounds of format or medium.
13.1 Neither party shall be liable for failure to perform obligations if such failure results from Force Majeure events, including:
a) War, civil conflict, or terrorism;
b) Natural disasters (earthquakes, floods, hurricanes);
c) Pandemic or epidemic;
d) Government action, regulatory prohibition, or closure of borders;
e) Labor strikes or labor unrest;
f) Failure of transportation infrastructure;
g) Supply chain disruptions.
13.2 The Company shall notify the Client of any Force Majeure event within 48 hours of occurrence.
13.3 If Force Majeure prevents transport for more than 30 days, either party may terminate the agreement with a full refund of prepaid fees (excluding incurred costs).
13.4 The Client shall bear the costs of animal care during the Force Majeure delay period.
14.1 The Company is authorized to engage veterinarians and make emergency medical decisions to protect the animal's health and welfare.
14.2 The Client shall be notified of any veterinary treatment within 24 hours.
14.3 The Client is responsible for all veterinary costs, including emergency procedures, medications, and consultations.
14.4 If the animal arrives at destination in compromised health, the Client shall immediately arrange for veterinary examination and shall not hold the Company liable for conditions that are developed during transport unless the Company is proven to have acted negligently or with willful intent.
15.1 The Company may amend these T&C at any time by providing 15 days' written notice to registered Clients.
15.2 Continued use of services after the notice period constitutes acceptance of the amended T&C.
15.3 Clients who do not accept the modified T&C must notify the Company in writing and may terminate ongoing agreements with 14 days' notice without additional penalties.
16.1 If any provision of these T&C is found to be invalid, unlawful, or unenforceable under Kuwaiti law, such provision shall be modified to the minimum extent necessary to make it valid, or if not possible, shall be severed. The remaining provisions shall remain in full force.
16.2 These T&C, together with any written transport agreement, constitute the entire agreement between the parties and supersede all prior negotiations, understandings, and agreements.
16.3 No modification to these T&C shall be valid unless made in writing and signed by authorized representatives of both parties.
Company Name: Airborne Equine Company (CLL)
Jurisdiction: State of Kuwait
Legal Form: Closed Limited Liability Company
Contact Information:
Email: info@Airbornequine.com
Telephone: 9999999
By initiating an order request or doing any deals with the company, the client accepting these Terms and Conditions, the Client acknowledges that they have read, understood, and agree to be bound by all provisions contained herein. The Client further confirms that they have had the opportunity to consult with a legal advisor and understand their rights and obligations.