Borné Saddlery Terms and Conditions of Sale
for Custom and Other New Saddles
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PLEASE READ THIS DOCUMENT CAREFULLY – IT AFFECTS YOUR
LEGAL RIGHTS
This document contains the terms and conditions upon which Borné Saddlery (“Borné”)
sells custom saddles and other brand-new saddles to its customers (each, a “Customer,”
collectively, “Customers”).
Definition of Custom Saddle: Borné offers Custom Saddles, which are defined as
saddles made to order for Customers. Custom Saddles do not include previously owned
saddles, demonstration model saddles, “semi-custom” saddles or saddles not otherwise
made to order for the Customer purchasing such saddle. New Saddles are defined as
Borné saddles that are brand new, but not made to order, and New Saddles include
brand-new “semi-custom” saddles. New Saddles do not include previously owned
saddles or demonstration model saddles, regardless of such saddles’ condition. All
saddles sold by Borné that are not Custom Saddles or New Saddles are subject to Borné
Saddlery Terms and Conditions of Sale for Previously Owned Saddles.
Terms of Sale: Purchase of any Custom or New Saddle sold by Borné to a Customer
shall be subject to and expressly limited by the terms and conditions herein. No changes
to, waiver of, or addition to any of these terms and conditions shall be effective unless
agreed to in writing and signed by Borné. Customer acknowledges and agrees that these
terms and conditions supersede the terms and conditions of any other documentation and,
except for delivery and billing addresses, any conflicting or additional terms are void and
have no effect. Notwithstanding the foregoing, Borné reserves the right to amend these
terms and conditions at any time, and Customer shall be deemed to accept such amended
terms and conditions by ordering or purchasing a Custom or New Saddle after the date of
such amendment.
Prices: To be valid, all pricing quotes must be documented in writing and signed by
Borné. For Custom Saddles, all prices are firm for 30 days from the date quoted. For
New Saddles, all prices are firm for 7 days from the date quoted. All New Saddles are
subject to availability and Borné reserves the right to sell any New Saddle to any
Customer, regardless of whether Borné has provided a price quotation to any other
Customer. Until such time as Customer has placed a fully paid order for a Custom or
New Saddle with Borné, Borné reserves the right to change the specifications of any
saddle model at any time without notice to Customer. Unless specifically stated by
Borné in a price quotation to Customer, New Saddle prices do not include charges for
shipping and handling. Custom Saddles include shipping or personal delivery within
the continental United States.
Borné Saddlery Terms and Conditions of Sale
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for Custom and Other New Saddles
Taxes: Customer shall be solely responsible for payment of any state and/or local sales
tax that may apply to Customer’s order. All Custom and New Saddles shipped to or
personally delivered within Texas shall be subject to an 8.25% sales tax. For all Custom
and New Saddles shipped outside the United States, Customer agrees to be solely
responsible for payment of shipping costs as well as any and all applicable taxes,
customs duties and fees.
Deposit and Payment: At the time of order, Customer must pay 50% of the purchase
price of each Custom and New Saddle described in the order (the “Deposit”). Borné
accepts the following methods of payment: Cash, checks, cashier’s checks, money
orders, MasterCard, Visa, American Express, and Discover. If a Customer pays by
check, such payment will not be considered made until such time as the check clears
Borné’s account. In the event that any Customer check is dishonored for any reason,
such Customer agrees to pay Borné a fee of $50. If the Deposit is not paid in full at the
time a Customer places an order, Borné will not fulfill such order until Borné receives
payment in full of the Deposit, and Borné may cancel the order in its sole discretion.
When Borné has fulfilled a Customer’s order and is prepared to ship or personally
deliver, as applicable, the saddle(s) described in such order, Borné will notify Customer.
If the order will be shipped to Customer, prior to shipment, Customer shall then pay the
remaining amount of the order, including taxes and, if applicable, shipping. If Borné will
personally deliver the order to Customer, Customer shall pay the remaining amount of
the order upon delivery, including taxes. Borné will ship or personally deliver
Customer’s order only when Borné has received payment in full. In the event that
Customer does not pay within such 7-day period, Borné reserves the right to cancel
Customer’s order upon notice to Customer. If Borné cancels an order due to nonpayment by Customer, Borne shall refund the Deposit to Customer, less a restocking fee
of 20% of the total purchase price of the saddle(s) described in the applicable order.
Trial Period: Upon receipt of a Custom or New Saddle, Customer shall have a 7-day
period in which to evaluate the saddle (the “Trial Period”). If Customer wishes to return a
Custom or New Saddle for improper fit or any other reason, Customer must notify Borné
in writing prior to the expiration of the Trial Period. In the event that Customer returns a
Custom or New Saddle to Borné within the Trial Period, it must be clean and in new
condition. For Custom and New Saddles returned pursuant to this section, Borné shall
refund the purchase price of the saddle actually received from Customer, less a 20%
restocking fee. All Trial Period returns are subject to the additional terms and conditions
specified in “Returns” below. All Trial Period returns due to saddle fit issues are subject
to the additional terms and conditions specified in “Custom Saddle Fit” and “New Saddle
Fit” below. If there is a questions as to fit, the original Borné Agent must be notified
within 24 hours and allowed to evaluate the saddle and make every reasonable
attempt to adjust the fit prior to returning the saddle. The saddle was made to fit
the horse at the time the original tracing was taken and occasionally needs adjusting
at the time of delivery.
Borné Saddlery Terms and Conditions of Sale
for Custom and Other New Saddles
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Title and Delivery. Title and risk of loss of or damage to each Custom and New Saddle
will pass to Customer upon delivery to Customer. Borné shall arrange for shipping of
each saddle by common carrier, prepaid and insured for the saddle’s purchase price.
Shipping of New Saddles, and of Custom Saddles shipped to locations outside the
continental United States, shall be at Customer’s expense. Borné’s delivery dates are
estimates only but generally average 12-14 weeks from initial fitting. Borné will use
commercially reasonable efforts to deliver in accordance with the delivery dates, but
may change those dates as it deems necessary or convenient. In Borné’s sole
discretion, Borné may reduce quantities of saddles to be delivered, delay shipments, or
allocate saddles among Customers. Borné will not be liable for failure to deliver by
the estimated dates. Customer may not cancel, delay, or reschedule any order placed
with Borné unless Borné consents in writing to such cancellation, delay or
rescheduling.
Saddle Use: Customer understands and agrees that Customer is solely responsible for
proper use of each Custom and New Saddle, and that improper use may void any
warranties provided by Borné. Proper use shall include, but not be limited to, the
particular equestrian discipline for which the Custom or New Saddle was designed.
No guarantee applies to Custom or New Saddles used on horses other than the
horse it was originally made or fitted to.
Saddle Care: Borné highly recommends that Customers clean their saddles after each
use. Customers should only use leather care products specifically designed for use on
saddles, and use such products only as directed. To protect the integrity of a saddle’s
color, Customers should avoid applying leather care products directly to the saddle and
instead apply such products with a cloth or sponge as instructed by the product directions.
Failure to properly care for a Custom or New Saddle will void all warranties.
Custom Saddle Fit: Prior to placing a Custom Saddle order with Borné, Customer is
solely responsible for engaging a professional saddle fitter authorized by Borné Saddlery
to measure Customer and Customer’s horse(s), at Customer’s sole expense. Customer
understands and agrees that the role of the saddle fitter is crucial to achieving a proper
saddle fit for Customer and Customer’s horse(s), and that Borné cannot create a Custom
Saddle for Customer without accurate measurements provided by a professional saddle
fitter. If, upon receipt of a Custom Saddle, Customer has determined that the Custom
Saddle does not properly fit Horse and/or Customer, Customer shall so notify Borné
within the 7-Day Trial Period. Upon Borné’s request, Customer shall engage said
professional saddle fitter at Customer’s expense to provide Borné with data about the
Custom Saddle fit. In the event that the Custom Saddle does not in fact properly fit
Customer and/or Horse, and such improper fit is due to the Custom Saddle’s failure to
conform to the measurement data provided by Customer upon ordering the Saddle, Borné
shall, at its expense, make appropriate adjustments to the Custom Saddle, including, if
applicable, round-trip shipping of the Custom Saddle and reimbursement for the
reasonable out-of-pocket costs incurred by Customer for post-purchase professional
saddle fitting services. In the event that the Custom Saddle does not in fact properly fit
Customer and/or Horse, and such improper fit is due to causes other than the Custom
Borné Saddlery Terms and Conditions of Sale
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for Custom and Other New Saddles
Saddle’s failure to conform to data provided by Customer at the time of order, Borné
shall, upon Customer’s request and at Customer’s expense (including round-trip
shipping), make appropriate adjustments to the Custom Saddle. Improper saddle fit may
result from many reasons beyond Borné’s reasonable control, including but not limited to
inaccurate measurements or other data provided by Customer or Customer’s saddle fitter,
and changes in Horse’s and/or Customer’s weight or muscle condition. While Borné
may provide a list of recommended saddle fitters and may provide sales commissions
and/or other compensation to such persons, these saddle fitters are not employed by
Borné and they are independent third parties not under the supervision or control of
Borné. Accordingly, Borné shall not be liable for the actions or inactions of any saddle
fitter recommended by Borné, and Customer agrees to hold Borné harmless for such
saddle fitters’ actions or inactions.
New Saddle Fit: Prior to placing a New Saddle order with Borné, Borné highly
recommends that Customer engage a professional saddle fitter to measure Customer and
Customer’s horse(s), at Customer’s sole expense. Customer understands and agrees that
the role of the saddle fitter is crucial to achieving a proper saddle fit for Customer and
Customer’s horse(s), and that Borné cannot make any model or size recommendations
without accurate measurements provided by a professional saddle fitter. If, upon receipt
of a New Saddle, Customer has determined that the New Saddle does not properly fit
Horse and/or Customer, Customer shall so notify Borné within the 7-Day Trial Period
and may return the saddle pursuant to the terms and conditions set forth in “Returns”
below.
Post-Purchase Saddle Fit: As Custom and New Saddles are used, they tend to change
shape somewhat as the flocking settles. Horses also change shape based upon exercise,
fitness, diet and other factors. Accordingly, Borné highly recommends that each
Customer have an authorized Borné saddle fitter check the fit of a newly purchased
Custom or New Saddle, or reflocked Custom or New Saddle six to 12 weeks after such
saddle is first put into use, and thereafter, every six months. Custom Saddles are designed
only for use only on the horse(s) and by the person(s) for which Customer provided
measurements to Borné, and use of any saddle, including a Custom or New Saddle, on
another horse or by another person may alter such saddle’s shape and therefore make it
unsuitable for the original intended use(s).
Limited Warranty: Borné offers a limited 5-year warranty on each Custom and New
Saddle tree and a 12-month limited warranty on all other Custom and New Saddle
materials and workmanship. Such limited warranties only apply in the event that a Custom
or New Saddle is defective in materials or workmanship, and such limited warranties
extend only to the Customer who purchased the Custom or New Saddle directly from
Borné. If a Custom or New Saddle is defective in materials or workmanship, Borné will
repair such Custom or New Saddle at its expense up to one year from the date such saddle
was purchased. Custom or New Saddles and/or Custom or New Saddle trees broken or
damaged due to any of the following reasons are ineligible for repair: (a) post-purchase
wear and tear; (b) atypical use of the saddle; (c) failure to properly maintain the saddle; (d)
defective maintenance of the saddle; and (e) modification or repair by Customer or third
parties (including saddle fitters and reflockers). Borné’s obligations pursuant to this
limited warranty are conditioned upon Borné’s inspection and approval of Custom and
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for Custom and Other New Saddles
New Saddles upon their return. If Borné determines, in its sole discretion, that any
returned Custom or New Saddle is not in fact defective in materials or workmanship,
Borné shall have no repair or replacement obligations whatsoever with regard to such
saddle, notwithstanding Borné’s issuance of a written return authorization. In the event
that a Custom or New Saddle tree is defective, the saddle must be shipped back to the
Master Saddler in Scotland for replacement. Customer is responsible for all shipping costs
to and from Scotland as well as labor to install the new tree. Warranties are not
transferrable and do not apply to Used or Demonstration Saddle.
Borné offers no other warranties, express or implied, including but not
limited to the warranties of merchantability and fitness for a particular
purpose.
There is NO warranty provision on trees that have been adjusted
from the manufacturer’s original condition.
Returns: In the event that a Customer wishes to return a Custom or New Saddle for any
reason, the Customer must first contact Borné by telephone and explain the reason(s) for
return. If a Trial Period is still in effect for the saddle, Borné will issue a written return
authorization to Customer. Otherwise, Borné may, in its sole discretion, issue a written
return authorization to Customer. Within 7 days after receiving a written return
authorization from Borné, the Customer must pack the saddle appropriately for shipment,
ship the saddle to Borné, and insure the saddle for its full value, all at Customer’s
expense. Borné is not obligated to accept the return of any Custom or New Saddle
without having first issued a written return authorization for the specific saddle being
returned. Any unauthorized saddle returns received by Borné will be disposed of by
Borné with no further obligation to the Customer.
Limitation of Liability. Customer understands and agrees that
horseback riding is an inherently dangerous sport, and that tack or
equipment failure could result in catastrophic injury to or death of
equines and riders, including Customer and Customer’s equines.
Customer agrees that Customer is solely responsible for inspecting all
of Customer’s tack and equipment, including any saddles, prior to
each use to ensure that such tack and equipment are in good repair
and in sound condition. Customer understands and agrees that
improper saddle fit can cause temporary or permanent discomfort or
injury to equines and/or riders, and may also cause equines to buck,
rear, or otherwise react in an unexpected and potentially dangerous
manner. Accordingly, before using any saddle, Customer is solely
responsible for ensuring that such saddle properly fits the equine and
its rider. If saddle fit is improper, Customer understands that it is
Customer’s sole responsibility not to use such saddle until or unless the
fit can be adjusted. Under no circumstances shall Borné be liable to
Borné Saddlery Terms and Conditions of Sale
for Custom and Other New Saddles
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any Customer for any special or consequential damages, including but
not limited to medical or veterinary expenses. In addition to the other
limitations on Borné’s liability set forth in these terms and conditions,
under no circumstances shall Borné’s liability in connection with any
Custom or New Saddle exceed the total purchase price of such saddle
actually received by Borné from Customer in connection with such
saddle.
Notices. All notices pursuant to these terms and conditions must be in writing. For the
purposes of these terms and conditions, fax notice is acceptable. Email notice is only
effective if the receiving party confirms receipt. All notices pursuant to these terms and
conditions must be delivered via a method that provides for proof of delivery.
All notices must be delivered to Borné at the following address:
Borné Saddlery, Inc.
1860 FM 359 #209
Richmond, TX 77469
Telephone: 281-342-5709
Fax: 281-341-7405
Email: [email protected]
All notices must be delivered to Customer at the address provided in the order form
provided by Customer to Borné. If Customer does not provide Borné with notice of
changes in Customer’s contact information, a notice delivered to the last contact
information given by Customer to Borné shall be considered proper notice provided that
the other conditions of this section have been met.
Successors. The provisions of this Agreement shall extend to and be binding upon the
parties and their respective legal representatives, heirs, successors and assigns.
No Waiver. No action or inaction by Borné shall be construed as a waiver of any of
these terms and conditions.
Governing Law and Venue. Customer’s purchase of any Custom and/or New Saddle,
including these terms and conditions, shall be governed by the laws of Texas. The parties
hereby agree that any legal action brought in connection with Customer’s purchase of
any Custom and/or New Saddle, or otherwise in connection with these terms and
conditions, must be brought in Fort Bend County, Texas.
Attorneys’ Fees and Other Expenses. In any legal actions brought in connection with
Customer’s purchase of any Custom and/or New Saddle, or otherwise in connection with
these terms and conditions, the prevailing party will be entitled to prompt payment of
expenses from the other party(ies) following final adjudication in favor of the prevailing
party. For the purposes of this section, “expenses” shall including the following costs
actually incurred by the prevailing party: attorneys’ fees, retainers, court costs, transcript
costs, fees of experts, witness fees, travel expenses, duplicating costs, printing and
Borné Saddlery Terms and Conditions of Sale
for Custom and Other New Saddles
binding costs, telephone charges, postage, delivery service fees and all other
disbursements.
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Severability. If any provision of these terms and conditions or the application thereof to
any person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of these terms and conditions which can be given effect
without the invalid provision or application. In lieu thereof, there shall be added a
provision as similar in terms to such illegal, invalid and unenforceable provision as may
be possible and be legal, valid and enforceable.