Terms & Conditions
2. BASIS OF CONTRACT
2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer shall ensure that the terms of the Order and any relevant Specification are complete and accurate.
2.3 The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, at which point the Contract shall come into existence.
2.4 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier which is not set out in the Contract. Any samples, drawings, descriptive matter, or advertising issued by the Supplier and any descriptions or illustrations contained in the Supplier's catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or any other contract between the Supplier and the Customer for the sale of the Goods.
2.5 A quotation for the Goods given by the Supplier shall not constitute an offer. A written quotation shall only be valid for a period of 20 Business Days from its date of issue.
3.1 The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Supplier notifies the Customer that the Goods are ready.
3.2 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.1 The Supplier warrants to the Customer that all services provided by the Supplier including the sizing of Customer's horse and any fitting of the Goods where requested, shall be provided using reasonable care and skill. In cases where the Customer chooses to engage the Supplier to fit the Goods to the Customer's horse, the Customer acknowledges the Supplier is not a trained saddle fitter.
4.2 The Supplier warrants that on delivery, and for a period of 12 months from the date of delivery (warranty period), the Goods shall:
(a) conform in all material respects with their description and any applicable Specification; and
(b) be free from material defects in design, material and workmanship.
4.3 Subject to clause 4.4, if:
(a) the Customer gives notice in writing to the Supplier during the warranty period and within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 4.2; and
(b) the Supplier is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier's place of business at the Customer's cost,
4.4 The Supplier shall not be liable for Goods' failure to comply with the warranty set out in clause 4.2 if:
(a) the Customer makes any further use of such Goods after giving notice in accordance with clause 4.3; or
(b) the Customer adjusts or bends any saddle tree component comprised in any saddle; or
(c) the defect arises because the Customer failed to follow the Supplier's oral or written instructions as to the storage, use and maintenance of the Goods or (if there are none) good trade practice in the saddlery business; or
(d) the defect is cosmetic only and relates to the variations in the appearance of natural leather; or
(e) the defect arises as a result of the Supplier following any drawing, design or specification supplied by the Customer; or
(f) the Customer alters or repairs such Goods without the written consent of the Supplier or the Supplier's approved saddler; or
(g) the Customer arranges for the Goods to be fitted prior to first use by a person other than the Supplier or a trained saddle-fitter approved by the Supplier; or
(h) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(i) the defect arises as a result of fitting the Goods on a different horse or use of the Goods by a person other than the Customer.
4.5 Except as provided in this clause 4, the Supplier shall have no liability to the Customer in respect of:
(a) the failure of any service provided by the Supplier to comply with the warranty set out in clause4.1; or
(b) the failure of the Goods to comply with the warranty set out in clause 4.2.
4.6 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
5. TITLE AND RISK
5.1 The risk in the Goods shall pass to the Customer on completion of delivery.
5.2 Title to the Goods shall not pass to the Customer until the Supplier has received payment in full (in cash or cleared funds) for:
(a) the Goods; and
(b) all other sums which are or which become due to the Supplier for sales of the Goods or any other products to the Customer.
6. PRICE AND PAYMENT
6.1 To secure an order once a fitting has taken place, a £500 deposit is payable by the Customer.
6.2 The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in the Supplier's published price list in force as at the date of delivery.
6.3 The Supplier may, by giving notice to the Customer at any time up to 20 Business Days before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
(a) any factor beyond the Supplier's control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
(b) any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the specifications for the Goods; or
(c) any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instructions.
6.4 The price of the Goods is exclusive of the costs and charges of packaging, insurance and transport of the Goods, which shall be paid by the Customer when it pays for the Goods.
6.5 The price of the Goods is exclusive of amounts in respect of value added tax (VAT). The Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Goods.
6.6 The Customer shall pay the invoice in full on receipt of the Goods. Payment shall be made by cheque or card or to the bank account nominated in writing by the Supplier. Time of payment is of the essence.
6.7 If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment (due date), then the Customer shall pay interest on the overdue amount at the rate of 8% per annum above the base rate of Barclays Bank PLC from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
6.8 The Customer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against the Supplier in order to justify withholding payment of any such amount in whole or in part. The Supplier may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.
7. DELIVERY, CANCELLATION AND RETURN
7.1 Typical delivery times are 6 weeks from date of Order, however this is indicative only.
7.2 Cancellations received by the Supplier prior to Delivery will attract a £100 plus VAT cancellation fee, which will be deducted from the deposit before the balance is returned to the Customer within 14 days.
7.3 Before returning any Goods, Customer must email Supplier to obtain a Return Merchandise Authorisation (RMA) code. Returns will not be accepted without the appropriate RMA code being clearly marked on the top side of the return box.
7.4 The Customer is responsible for the cost of returning any Goods to the Supplier.
7.5 If the Customer obtains an RMA code within the warranty period for the Goods, and the Goods are returned in new condition together with that RMA code within eight (8) weeks of obtaining it, the Supplier will refund the purchase price of the Goods.
7.6 If Goods are returned in nearly new condition, with an RMA code and have not been altered or modified in any way, the Supplier will refund the purchase price of the Goods less a restocking fee equal to 30% of the purchase price plus VAT.
7.7 If Goods are returned with an RMA code, but the Goods have been altered or modified, the Supplier will not make any refund.
8. DATA PROTECTION
8.1 The Customer acknowledges that by making enquiries and/or ordering Goods from the Supplier, Customer may be disclosing personal data. Supplier undertakes to handle such personal data in accordance with the Data Protection Act 1998.
9. LIMITATION OF LIABILITY
9.1 The Customer acknowledges that equestrian activities can be dangerous.
9.2 Nothing in these Conditions shall limit or exclude the Supplier's liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
(d) defective products under the Consumer Protection Act 1987.
9.3 Subject to clause 9.2:
(a) the Supplier shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or indirect or consequential loss arising under or in connection with the Contract (including any losses that may result from a deliberate breach of the Contract by the Supplier, its employees, agents or subcontractors); and
(b) the Supplier's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, including losses caused by a deliberate breach of the Contract by the Supplier, its employees, agents or subcontractors shall not exceed 100% of the price of the Goods.
10.1 Each party is an independent contractor and nothing in these Terms and Conditions shall be deemed or construed as creating a partnership or joint venture between the parties. Neither party shall have any authority to create any obligation, express or implied, on behalf of the other.
10.2 If any part of these Terms and Conditions becomes invalid, illegal or unenforceable, the parties shall negotiate in good faith in order to agree the terms of a mutually satisfactory provision to be substituted for the invalid, illegal or unenforceable provision which as nearly as possible gives effect to their intentions as expressed in these Terms and Conditions.
10.3 A person who is not a party to this Agreement has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions. Notwithstanding that any term of this Agreement may be or become enforceable by a person who is not a party to it, the terms of this Agreement or any of them may be varied, amended or modified or this Agreement may be suspended, cancelled or terminated by agreement in writing between the parties or this Agreement may be rescinded, in each case without the consent of any such third party.
10.4 Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
10.5 No variation of these Terms and Conditions shall be effective unless it is in writing and signed by the parties or their authorised representatives.
10.6 No failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
10.7 These Terms and Conditions constitute the whole agreement between the parties and supersede all previous agreements between the parties relating to its subject matter. Each party acknowledges that, in entering into this agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this agreement. Nothing in this clause shall limit or exclude any liability for fraud.
10.8 These Terms and Conditions shall be governed by and construed in accordance with the laws of England. The parties agree to submit to the exclusive jurisdiction of the courts of England
VAT: All prices where applicable include VAT
Pricing: Every effort is made to price correctly however; prices and specifications can change without notice as manufacturers alterations occur. We reserve the right to discontinue any item and to change prices when necessary.