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LIM USA INC. 3040 Fairlane Farm road, Wellington, FL 33414, USA
ARTICLE 1 - GENERAL PROVISIONS
The purpose of these terms and conditions of sale (hereinafter “TCS”) is to govern all sales made by LIM USA, Inc. (“Seller”) to its Purchasers (“Purchaser”) (Seller and Purchaser, collectively referred to as “Parties”). By issuing this order confirmation, the Seller has accepted the order and the Purchaser confirms its prior acceptance of these TCS, without restriction of reservation, and its full and entire agreement thereto. These TCS shall prevail over all other documents issued by Purchaser as to terms and conditions of sale.
ARTICLE 2 - ORDERS
This order may no longer be cancelled as these products, including but not limited to saddles, are made to measure and highly customized. The Purchaser is no longer entitled to change or cancel the order and shall be bound to pay the total price stated in this order confirmation.
ARTICLE 3 - RETURNS:
All sales are final and there will be no refunds or replacements for products purchased by Purchaser. In exceptional circumstances, if Seller consents to a return, in writing, the items must be returned at Purchaser’s expense (postage prepaid). A restocking fee of 33.3% will be charged for tack returns. A $2000 restocking fee will be charged for our Classic line of saddles. A $3000 restocking fee will be charged for our Dynamic line of saddles. All restocking fees are non-negotiable.
ARTICLE 4 - TRIAL PERIOD FOR USED SADDLES
For the purposes of these TCS, “Used Saddle” means a saddle which has been previously owned or used. If Purchaser has ordered a Used Saddle from Seller, he or she will be granted a trial period of 15 days from the date of delivery of such Used Saddle. If Purchaser determines that the Used Saddle does not meet his or her expectations for any reason during such 15-day trial period, he or she will be eligible for a refund of the Used Saddle purchase price and shipping costs if: (1) Purchaser mails the Used Saddle back to Seller’s office in Wellington, Florida post-marked prior to the end of the 15-day trial period, and (2) the Used Saddle is received by Seller in the same condition it was in at the time it was shipped to Purchaser, as determined in Seller’s sole discretion. For avoidance of doubt, any Used Saddle that Purchaser returns to a Sales Representative, rather than directly to Seller’s Wellington, Florida office, shall not be refunded. Restocking fees are not charged for Used Saddles
ARTICLE 5 - PRICES
Prices stated on this order confirmation are final. Purchaser accepts that Seller will charge sales tax as applicable to the delivery address.
ARTICLE 6 - PAROLE EVIDENCE - INTERPRETATION:
This writing, together with Seller’s sales invoice, is intended by the Parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the Parties’ agreement.
ARTICLE 7 - PAYMENT TERMS:
The payment terms and conditions, stated in this order confirmation, shall also apply to partial deliveries. No discounts shall be granted for early payment and/or preorders. Unless otherwise provided in Seller’s sales invoice, Purchaser’s payment shall be due at the time of Purchaser’s order. Payment shall be made in cash or by check, debit card or credit card, without discount or offset. Payment shall be deemed made when Seller has received, as applicable, Purchaser’s cash payment, Purchaser’s check has cleared or Seller receives Purchaser’s payment through Seller’s bank. Seller reserves all rights against Purchaser in the event of non-payment. In the event of payment delays or irregularities by the Purchaser, the Seller shall be entitled to cancel the pending order and any subsequent orders. The Seller may require full payment for the products, or equivalent financial security, for payment at any time prior to the receipt of the products by the Purchaser if the Seller has reasonable grounds for insecurity with respect to payment by the Purchaser. If the Purchaser fails to pay an invoice at maturity date or if the Purchaser defaults, breaches or repudiates this TCS or any other agreement with Seller, or if the Purchaser shall become insolvent, calls a meeting of its creditors or if a bankruptcy, insolvency, reorganization or arrangement proceeding shall be commenced by or against the Purchaser, or if Purchaser refuses to make payment as provided for herein, Seller shall have all available rights and remedies under the Uniform Commercial Code as enacted and in force in the State of Florida and Purchaser shall be liable for any and all damages to the Seller, including reasonable attorneys’ fees and expenses. By entering into this contract, Purchaser represents that it is not insolvent. If Purchaser becomes insolvent before any delivery hereunder, it will notify Seller. For purposes of this TCS, a Purchaser is insolvent if the Purchaser has ceased to pay his, her or its debts in the ordinary course or business, cannot pay his, her or its debts as they become due, or is insolvent within the meaning of the federal bankruptcy laws. In the event that Seller has to go through a collection agency to collect a debt, the Purchaser shall incur all collection agency fees. In the event Purchaser returns a saddle in lieu of payment, Purchaser will incur a 15% restocking fee.
ARTICLE 8 - DEPOSIT:
All deposits are nonrefundable in all circumstances.
ARTICLE 9 - DELIVERY:
A. As the goods are imported from France, any estimated delivery dates provided in Seller’s sales invoice are provided for information purposes only and are not intended to act as a binding agreement on the Seller. Purchaser hereby waives all claims to damages for late deliveries.
B. This is a shipment contract. The goods will be shipped and shall be deemed to have been delivered for the purposes of this contract, on the date when possession of the goods is transferred to the first carrier or forwarder. This contract shall be construed as a shipment agreement even if price or mercantile shipping terms such as « F.O.B. », « C. & E. » or « C.I.F. » appear on the Seller’s sales invoice.
C. Seller shall have the right to ship the goods sold hereunder in one or more shipments or deliveries if Seller deems advisable. Each shipment or delivery shall be construed and considered as a separate sale under the terms and conditions of this contract, and the Purchaser agrees to accept and pay for any such shipment or delivery as provided herein.
The shipping costs will be paid as per the attached invoice. In the event damage or shortage occurs during shipment, no claims shall be accepted unless the Purchaser expressly notes its reasoned reservations (for example, damaged box) on the delivery slip at the time the delivery is received, and confirms such reservations to the carrier and to the Seller by certified mail or e-mail within a period of 72 hours after receipt. The Seller reserves the right to suspend all deliveries to the Purchaser in the event of a delay in payment, even if no formal demand for payment has been made on the Purchaser.
ARTICLE 10 - FORCE MAJEURE:
Seller shall not be responsible for delay, non-delivery or default in shipment in whole or in part if occasioned by strike, war, riot or revolution or for any delay in transportation due to demands, embargoes of the United States government or any other government, or non-delivery or delays through fire, floods, drought, accidents, bad weather, insurrections, lock-outs, breakdown of machinery, acts of God, perils of the sea, stoppage of labor, shortage of carrier or refusal or any necessary license or government restrictions considered as « Force Majeure » or any other unavoidable cause either in the location where the goods are shipped from and/or the location where the goods are shipped to and in no case shall Seller be responsible after delivery of goods in good order or condition.
ARTICLE 11 - SECURITY DEPOSIT:
In the event that Purchaser participates in a trade in offer, requests an exchange, or opts to use a loaner saddle, Purchaser understands that he or she will be asked to put down a security deposit equal to the value of the saddle to be traded in, returned or loaned out. In the event that Seller does not receive the traded in, exchanged saddle or loaner saddle back within 2 weeks of Purchaser’s shipment of the new saddle, Seller understands that the security deposit will be forfeited to Seller.
In the event of a trade in, Purchaser understands that the full value of the order including applicable sales tax will be charged. If the traded in saddle is received within the time-frame specified above, Purchaser will receive their security deposit and applicable sales tax back.
ARTICLE 12 - TACK EXCHANGES
In the event that Purchaser requests an exchange of tack, Purchaser understands that the returned tack must still be in new condition with no custom modifications made by Purchaser. Returned tack must be returned directly to Seller’s Wellington Florida office, and it cannot be given to a sales representative under any circumstances.
Purchaser understands and agrees that Purchaser’s new tack will ONLY be shipped out from Seller’s Wellington Florida office once Seller has received and verified the returned tack, or if Purchaser has opted to pay for the tack.
Purchaser understands that if they pay for tack to be delivered immediately, they will be refunded from their original purchase once we have received and verified the returned tack at our Wellington Florida office.
Tack that was sold as part of a package deal with a saddle can only be exchanged, no refunds will be given.
ARTICLE 13 - TRADE IN SADDLE
Trade in saddle should be send to the Seller within 15 days of the new saddle’s delivery to the Purchaser. After
this period, the seller no longer has to buy the trade in saddle.
ARTICLE 14 - WARRANTIES:
Purchaser affirms that he, she or it has had ample opportunity to inspect, examine and test the model or sample of the goods as Purchaser desires during the fitting process and that Purchaser has examined the model or sample and has found no defects therein. Purchaser acknowledges that the goods are highly customized and fitted to the measurements of the particular horse and rider taken during the fitting process, and that such measurements may change over time. Seller guarantees that the saddle will properly fit the horse and rider for three (3) months from the date of delivery of the saddle. After this time, no refunds or exchanges or free panel adjustment based on improper fit will be accepted. NO OTHER WARRANTIES ARE MADE BY SELLER EXCEPT THAT THE GOODS DELIVERED UNDER THIS CONTRACT WILL BE SUBSTANTIALLY IDENTICAL WITH THE MODEL OR SAMPLE INSPECTED.
These warranties do not cover normal wear and tear, abuse, neglect and other misuse or damage of the goods purchased under these TCS, including damage which occurs during shipping. THESE WARRANTIES ARE EXPRESSLY IN LIEU OF ANY OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTIBILITY OR FITNESS, AND OF ANY OTHER OBLIGATIONS ON THE PART OF THE SELLER.
ARTICLE 15 - LIMITATIONS OF DAMAGES:
SELLER SHALL NOT BE LIABLE FOR PROSPECTIVE PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. PURCHASER’S SOLE AND EXCLUSIVE REMEDY, AT SELLER’S SOLE DISCRETION, SHALL BE THE REPLACEMENT OR REPAIR OF PARTS, BUT ONLY IN THE EVENT OF DEFECTIVE GOODS. SELLER IS NOT RESPONSIBLE FOR ANY DAMAGE TO PERSONS, ANIMALS OR PROPERTY RESULTING FROM THE USE OR MISUSE OF THE GOODS. PURCHASER UNDERSTANDS THAT HORSEBACK RIDING, BY ITS VERY NATURE, INCLUDES CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED REGARDLESS OF THE CARE TAKEN TO AVOID INJURIES AND/OR THE QUALITY OF EQUESTRIAN PRODUCTS AND ACCESSORIES.
ARTICLE 16 - CLAIMS AND NOTICE OF CLAIMS:
All claims of Purchaser for defects, non-conformity, loss, damage and errors of the goods sold by Seller which did not occur during the shipping to Purchaser under this TCS shall be made by Purchaser in writing and delivered to Seller:
• Within 7 days of receipt of the goods if the claimed defect, damage, error or non-conformity is visible upon reasonable examination or
• Within 14 days of receipt of the goods if the claimed defect, damage, error or non-conformity is not visible upon reasonable examination. Such written notice of claim shall fully specify all claimed defects, non-conformity, loss, damage, errors or shortages in goods and must be accompanied by the samples of goods found irregular and the invoice number under which the goods were shipped. Upon written notice of claim, Seller shall have the right to inspect the goods. The receipt by Seller of a written notice of claim within the time above specified shall be a condition precedent to Purchaser’s right to reject, cancel or bring any suit of proceeding. Such failure by the Purchaser to give timely written notice shall constitute an acceptance of the goods and an admission that they fully comply with all the terms, conditions and specifications of the contract.
ARTICLE 17 - MODIFICATION:
This TCS can be modified only by a writing signed by the Seller.
ARTICLE 18 - RESOLUTION OF DISPUTES:
Any controversy or claim arising out of or relating to the TCS or any other agreement between Purchaser and Seller shall be brought before the courts of Florida.
ARTICLE 19 - APPLICABLE LAW:
This contract, and all of the right and obligations of the parties under this contract, shall be governed by the Uniform Commercial Code as enacted and in force in the State of Florida on the date of this contract.
ARTICLE 20 - STATUTE OF LIMITATIONS:
No proceeding or action of any type may be maintained if commenced later than one year following the accrual of the cause of action.
ARTICLE 21 - WAIVER OF PERFORMANCE:
The failure of either party at any time to require performance by the other party of any provision hereof shall in no way affect the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereon constitute a waiver of any succeeding breach of the same or any other provision nor constitute a waiver of the provision itself.
ARTICLE 22 - PURCHASES FACILITATED BY SOFTWARE.
Sales of product to purchaser may be facilitated by use of Seller’s proprietary software application. Through the use of such application, Seller collects the personal information provided by Purchaser such as Purchaser’s name, address email address, order details, and credit card information. By providing personal information to Seller to complete a transaction, verify Purchaser’s credit card, place an order, or arrange for a delivery, Purchaser consents to collection and use of such personal information for such specific purpose only.
ARTICLE 23 - USE AND DISCOSURE OF INFORMATION.
Seller may use personal information collected for future marketing initiatives. Seller may disclose specific personal information about Purchaser or to prevent unauthorized use of credit cards, or if required by law, governmental request or court order, if based on Seller’s good faith belief it is necessary to conform or comply with such law, request or court.
ARTICLE 24 - STORAGE AND TRANSMISSION OF INFORMATION.
Personal information Seller collects from Purchaser may be securely stored in the memory of the tablet devices used for order processing. Personal information may also be encrypted and transferred via a secure https connection to Purchaser’s servers in the US or abroad and stored there.