Borné Saddlery Terms and Conditions of Sale
for Special Order 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 special order saddles to its customers (each, a “Customer,” collectively,
“Customers”).
Definition of Special Order Saddle: Borné offers Special Order Saddles, which are
defined as one-of-a-kind saddles made to order for Customers that include one or more
features not available as a standard option in a Borné Custom Saddle.
Terms of Sale: Purchase of any Special Order 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 Special Order Saddle after the date of
such amendment.
Prices: To be valid, all pricing quotes must be documented in writing and signed by
Borné. For Special Order Saddles, all prices are firm for 30 days from the date quoted.
Special Order Saddle price quotes typically include shipping or personal delivery
within the continental United States.
Taxes: Customer shall be solely responsible for payment of any state and/or local sales
tax that may apply to Customer’s order. All Special Order Saddles shipped to or
personally delivered within Texas shall be subject to the then-current sales tax rate. For
all Special Order 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 Special Order Saddle described in the order (the “Deposit”). Due to the
unique nature of Special Order Saddles, the Deposit is non-refundable.
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 Saddlery Terms and Conditions of Sale
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for Special Order Saddles
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. Due to the unique nature of Special
Order Saddles, if Borné cancels an order due to non-payment by
Customer, Borné shall be entitled to retain the Deposit and all other
funds paid by Customer to Borne.
Trial Period: Due to the unique nature of Special Order Saddles, Borné cannot offer a
trial period.
Title and Delivery. Title and risk of loss of or damage to each Special Order 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 Special Order Saddles to locations outside the continental United States,
shall be at Customer’s expense. Borné’s delivery dates are estimates only but generally
average 4 months 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 Special Order 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 Special Order Saddle was designed and use of Special
Order Saddles on the horses for which they were originally made.
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 Special Order Saddle will void all warranties.
Borné Saddlery Terms and Conditions of Sale
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for Special Order Saddles
Saddle Fit: Prior to placing a Special Order Saddle order with Borné, Customer is solely
responsible for engaging a professional saddle fitter authorized by Borné Saddlery
(“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 create a Special Order Saddle for Customer without accurate measurements
provided by a professional saddle fitter. If, upon receipt of a Special Order Saddle,
Customer has determined that the Special Order Saddle does not properly fit Horse
and/or Customer, Customer shall so notify the Saddle Fitter and Borné within seven (7)
days. Because horses’ muscle tone and weight can change during the period between
measurement and saddle delivery, some adjustment may be necessary upon delivery of a
Special Order Saddle. Accordingly, Customer agrees to permit the Saddle Fitter (or
another saddle fitter authorized by Borné) to evaluate the fit of the Special Order Saddle
and make reasonable adjustments to the fit. In the event that the Special Order Saddle
does not in fact properly fit Customer and/or Horse, and such improper fit is due to the
Special Order 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 Special Order Saddle, including, if applicable, round-trip shipping of
the Special order Saddle and reimbursement for the reasonable out-of-pocket costs
incurred by Customer for post-purchase saddle-fitting services authorized by Borné. In
the event that the Special Order Saddle does not in fact properly fit Customer and/or
Horse, and such improper fit is due to causes other than the Special Order 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 Special Order 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 the 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.
Post-Purchase Saddle Fit: As Special Order 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
Special Order Saddle, or reflocked Special Order Saddle six to 12 weeks after such saddle
is first put into use, and thereafter, every six months. Special Order 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 Special Order 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 Special Order Saddle
tree and a 12-month limited warranty on all other Special Order Saddle materials and
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for Special Order Saddles
workmanship. Such limited warranties only apply in the event that a Special Order Saddle
is defective in materials or workmanship, and such limited warranties are not transferable
and extend only to the Customer who purchased the Special Order Saddle directly from
Borné. If a Special Order Saddle is defective in materials or workmanship, Borné will
repair such Special Order Saddle at its expense up to one year from the date such saddle
was purchased. Special Order Saddles and/or Special Order 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 Special Order
Saddles upon their return. If Borné determines, in its sole discretion, that any returned
Special Order 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
Special Order 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.
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.
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
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,
Borné Saddlery Terms and Conditions of Sale
for Special Order Saddles
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under no circumstances shall Borné’s liability in connection with any
Special Order 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 Special Order 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 Special Order 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 Special Order 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 binding
costs, telephone charges, postage, delivery service fees and all other disbursements.
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for Special Order Saddles
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.
Date:
Borné Saddlery
Customer
Name:
Name:
Title: