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Sales Policy,
Liabilities and Warranty
1. Payment: All deposits are non refundable. All
final payments will be made in cash or certified funds
for immediate shipping. All final payments drawn on personal or
company checks will be shipped
after ten(10) business days to allow processing of payment.
2. Shipping and handling: Buyer pays all
shipping, packaging, handling and insurance cost charges
F.O.B. Buyer’s destination. Title and risk of loss of Product
shall pass to Buyer upon delivery
to F.O.B.
3. Right to inspect: Buyer shall have the
opportunity to inspect the products and to reject any
nonconforming or defective
products. Buyer shall give STONEY SADDLERY written notice of any
non-conforming or defective products
within ten (10) days after delivery. No notice shall constitute
acceptance by Buyer. Buyer’s sole
and exclusive remedy for rejection of non-conforming or defective
products shall be to return products to STONEY SADDLERY pursuant
to the provisions of
paragraph 3 below.
4. Return Procedure: Buyer’s sole and
exclusive remedy for any non-conforming or defective products
purchased hereunder shall be to return products pursuant to this
paragraph. Buyer
shall contact STONEY
SADDLERY in advance to obtain a Return Good Authorization
(“RGA”) number before
returning products, in addition to written authorization for
return to STONEY
SADDLERY. Any products returned to STONEY SADDLERY without a “RGA”
number and written
authorization shall be subject to a twenty (20%) restocking fee.
Return shipping
shall be at Buyer’s expense and risk of loss. STONEY SADDLERY
shall, as it’s option, repair
or replace any properly returned products or parts which are
non-conforming or have proven
to be defective during the warranty period under conditions of
normal usage and service, or
if STONEY SADDLERY so elects, STONEY SADDLERY may refund the
original purchase price paid.
Returns may be subject to handling, delivery, reconditioning or
other charges. If product has
been altered or modified in any way, this will immediately
terminate any refund.
5. Buyer default in payment: Upon any default by
the Buyer in the performance of any obligations, STONEY
SADDLERY may declare all obligations nullified.
6. Force Majeure: STONEY SADDLERY shall not be
responsible or liable for delays or failure to deliver
products or to otherwise perform any obligation hereunder due to
any cause beyond the control
of STONEY SADDLERY such as an act of God, acts of civil or
military authority, labor disputes,
fire, riots, civil commotions, sabotage, war, embargo, blocked,
floods, earthquake, epidemics,
power shortages or when due to governmental restrictions or
failure of a supplier to deliver
or other like conditions not described herein.
7. WARRANTY:
STONEY SADDLERY shall
warrant the products in accordance with STONEY SADDLERY’S
Standard Limited Warranty in effect at the time of delivery.
STONEY SADDLERY’S warranty
is incorporated by reference to this document and set forth in
partial form herein. Only
products which fail to meet STONEY SADDLERY’S Standard Limited
Warranty shall be deemed
defective. STONEY SADDLERY’S
STANDARD LIMITED WARRANTY IS THE ONLY WARRANTY GIVEN
BY STONEY SADDLERY IN CONNECTION WITH THE PRODUCTS, AND ALL
OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, AND IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ARE
HEREBY DISCLAIMED. STONEY SADDLERY’S
LIBILITY ON ANY CLAIM, WHETHER IN NEGLIGENCE,
STRICT LIABILITY OR WARRANTY, OR FOR ANY OTHER TORT OR IN
CONTRACT OR OTHERWISE, WITH RESPECT
TO PRODUCTS DELIVERED HEREUNDER, SHALL
BE LIMITED TO REPAIR OR REPLACEMENT OF ANY NON-CONFORMING OR
DEFECTIVE PRODUCTS OR, IF STONEY
SADDLERY SHALL SO ELECT, TO REFUND THE PURCHASE
PRICE OF THE PRODUCTS SOLD. STONEY SADDLERY SHALL HAVE NO
LIABILITY FOR ANY INCIDENTAL,
SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUETIAL
DAMAGES. STONEY
SADDLERY DOES NOT WARRANT ANY PRODUCTWHICH IS OR HAS BEEN
HE SUBJECT OF MISUSE, NEGLIGENCE,
ACCIDENT, REPAIR OR ALTERATION WHICH, IN
THE JUDGEMENT OF STONEY SADDLERY AFFECTS THE PRODUCTS STABILITY
OR RELIABILITY AND ALL
WARRANTIES OR GUARANTEES SHALL IMMEDIATELY CEASE AND TERMINATE
AS TO ANY PRODUCTS OR PARTS THEREOF WHICH ARE ALTERED OR MODIFIED.
The above warranty does not cover any other part
of the saddle, including the saddle horn, fenders,
stirrups, cantle, stitching, decorative trim or any other part.
All saddle trees in all saddles sold
by STONEY SADDLERY are covered by the INDIVUAL SADDLE TREE
MANAFACTURE’S COMPANY
WARRANTY EXCLUVISEY. There is no separate warranty expressed,
implied or offered by STONEY
SASDDLERY. All shipping cost incurred under the warranty are the
responsibility of the purchaser.
8. Attorney’s fees and cost: In the event of
any dispute arising out of or related to this sale agreement.
The prevailing party shall be entitled to recover its attorney
fees, expert witness fees and
other cost and litigation expenses, in addition to other
damages.
9. Additional terms: If any part of this
agreement is adjudged invalid, illegal or unenforceable, the
remaining parts shall not be
affected and shall remain in full force and effect.
This Sales Policy shall be binding upon the
parties, and upon their heirs, executors, personal representatives,
administrators and assigns. No person shall have a right to
cause of action arising out
of or resulting from this Sales Policy except those who are
parties to it and their successors
in interest.
This instrument, including any attached exhibits
and addenda, constitutes the entire Sales Policy,
Liabilities and Warranties of STONEY SADDLERY. No representation
or promises have been made
except those that are set out in this Sales Policy, Liabilities
and warranties. This Sales
Policy, Liabilities, and Warranty may not be modified except in
writing signed by STONEY SADDLERY
and the Buyer
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