Forestier Sellier USA. Terms and Conditions
Agreement between Customer and Forestier Sellier USA.
Sales and Services
PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY THE TERMS AND CONDITIONS OF PRODUCT SALES AND SERVICE PROJECTS ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY YOU ("CUSTOMER") ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN. BY ACCEPTING DELIVERY OF THE PRODUCTS, MAKING A DOWN PAYMENT OR BY ENGAGING FORESTIER SELLIER USA AFFILIATE IDENTIFIED ON THE INVOICE, STATEMENT OF WORK OR OTHER FORESTIER SELLIER USA ("SELLER") OR THE FORESTIER SELLIER USA IDENTIFIED ON THE INVOICE, QUOTATION, PURCHASE ORDER, STATEMENT OF WORK OR OTHER FORESTIER SELLIER USA DOCUMENTATION TO PROVIDE PRODUCT OR PERFORM OR PROCURE ANY SERVICES, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS UNLESS CUSTOMER AND SELLER HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN. ANY GENERAL DESCRIPTION OF THE TYPES OF PRODUCTS OR SERVICES AND RESULTS THEREOF POSTED ON ANY SELLER WEBSITE OR MOBILE APPLICATION DO NOT CONSTITUTE PART OF THE AGREEMENT BETWEEN SELLER AND CUSTOMER.
Important Information About These Terms and Conditions
Governing Law
THESE TERMS AND CONDITIONS, ANY STATEMENTS OF WORK, QUOTATION, PURCHASE ORDERS, THE SERVICES HEREUNDER AND ANY SALE OF PRODUCTS HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT EXCLUSIVELY IN BROWARD COUNTY, FLORIDA, AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED THEREIN, SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.
The place of performance, the exclusive jurisdiction for all legal action and the venue for legal proceedings if Customer is resident abroad is the place where the FORESTIER SELLIER USA head office or branch of FORESTIER SELLIER USA maintaining the contractual relationship with the Customer is located, which the parties agree is Broward County, Florida. These Terms and Conditions, Purchase Orders and Statement of Work shall be deemed entered into and performed in the State of Florida and Customer consents to the jurisdiction of the State of Florida for purposes of enforcement of the terms hereof. Customer agrees to the above Terms including but not limited to terms relating to payments, interest on late payments, conditional terms, attorneys fees and jurisdiction for Enforcement.
Statute of Limitations
Except in the case of nonpayment, neither party may institute any action in any form arising out of these Terms and Conditions more than one (1) year after the cause of action has arisen. The rights and remedies provided Seller under these Terms and Conditions are cumulative, are in addition to, and do not limit or prejudice any other right or remedy available at law or in equity.
Payment
Orders are not binding upon Seller until accepted by Seller. Customer agrees to pay the total purchase
price (including taxes) for the Products plus shipping, before shipping of any product.
A minimum of 30% of down payment is required to start an order of a custom saddle and the balance is due immediately, once Seller notifies Customer that the order and/or Product is ready for shipping, such notification may be made in the form of an email, text message, fax, phone call, or letter. Every item/Product remains the property of the Seller until it is paid in full by the Customer.
In cases where Seller agrees to trade-in a Customer’s used saddle and provide Customer with a trade-in
discount or credit for Customer’s used saddle, Customer agrees that he/she has one week to ship and
deliver his/her used saddle to Seller from the day he/she received the new saddle from Seller. Customer
agrees that if Seller does not receive Customer’s used saddle two (2) weeks after the day of delivery of
the new saddle from Seller, Customer will have to pay Seller the value of the trade-in discount of credit.
Customer shall bear the risk of loss or damage during shipment of his/her used saddle to Seller (F.O.B.
Destination). Customers shall be required to pay Seller the trade-in discount or credit if the used saddle is
lost, stolen, or damaged during shipment before being delivered to Seller.
Payment of Custom Orders:
Title does not Transfer Until Full Payment
Products remain the property of FORESTIER SELLIER USA until payment in full is made to FORESTIER SELLIER USA. In case of a payment dispute, you agree to return the received products to FORESTIER SELLIER USA immediately upon request, and to assume the risks (in particular the loss, theft or damage) relating to the delivered products.
Warranty
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Saddles
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Services
DURABILITY, TITLE, ACCURACY OR NON-INFRINGEMENT) ARISING OUT OF OR RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY WARRANTY RELATING TO THIRD PARTY SERVICES, ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OF ANY HARDWARE OR SOFTWARE USED IN PERFORMING SERVICES AND ANY WARRANTY CONCERNING THE RESULTS TO BE OBTAINED FROM THE SERVICES. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE. CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATIVE OF SELLER OR OF ITS AFFILIATES IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY ON BEHALF OF SELLER OR ANY OF ITS AFFILIATES THAT IS NOT IN THIS AGREEMENT OR IN A STATEMENT OF WORK EXPRESSLY AMENDING SELLER'S WARRANTY. Customers shall be solely responsible for daily backup and other protection of its data and software against loss, damage or corruption. Customers shall be solely responsible for reconstructing data (including but not limited to data located on disk files and memories) and software that may be lost, damaged or corrupted during the performance of Services. SELLER, ITS AFFILIATES, AND ITS AND THEIR SUPPLIERS, SUBCONTRACTORS AND AGENTS ARE HEREBY RELEASED AND SHALL CONTINUE TO BE RELEASED FROM ALL LIABILITY IN CONNECTION WITH THE LOSS, DAMAGE OR CORRUPTION OF DATA AND SOFTWARE, AND CUSTOMER ASSUMES ALL RISK OF LOSS, DAMAGE OR CORRUPTION OF DATA AND SOFTWARE IN ANY WAY RELATED TO OR RESULTING FROM THE SERVICES. Seller will not be responsible for and no liability shall result to Seller or any of its Affiliates for any delays in delivery or in performance which result from any circumstances beyond Seller’s reasonable control, including, but not limited to, Product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, embargo, acts of God or acts or laws of any government or agency. Any shipping dates or completion dates provided by Seller or any purported deadlines contained in a Statement of Work or any other document are estimates only.
Pricing Information ; Availability Disclaimer
Seller reserves the right to make adjustments to pricing, Products and Service offerings for reasons including, but not limited to, changing market conditions, Product discontinuation, Product unavailability, manufacturer price changes, supplier price changes and errors in advertisements. All orders are subject to Product availability and the availability of Personnel to perform the Services. Therefore, Seller cannot guarantee that it will be able to fulfill Customer’s orders. If Services are being performed on a time and materials basis, any estimates provided by Seller are for planning purposes only.
Cancellation / Refund Policy
Customers may cancel an order in writing within 24 hours after order is placed, without any cancellation fee. On a custom saddle order (or any other custom item), cancellation fees will apply as follow: 1) 400$ of cancellation fees will be applied in case the order is canceled after 24 hours and before 48 hours. 2) 20% of the price of the new custom saddle (or any other custom item) is due in case Customer order is canceled after 48 hours and before the delivery of the saddle. 3) 35% of the price of the new custom saddle (or any other custom item) is due in case Customer order is canceled from the day of the delivery to three months after delivery for and only for technical issues, if and only if Forestier Sellier was not able to correct the technical issue. 4) No refund accepted at all after three months from the day of the delivery. Custom orders not canceled and not paid after 30 days since Customer is notified the custom saddle is ready, are subject to the Payment section of this Terms and Conditions. All non custom tack can be returned and fully reimbursed within a month after delivery providing they have not been used. Used saddles and non-custom saddle orders can be returned and fully reimbursed within 7 days after delivery providing they have not been damaged during the time of the trial. Junior Program TO QUALIFY Any rider under the age of 18 is qualified to enter the junior program. Participants in the program who outgrow their saddle may upgrade once a year to a larger size at a deeply discounted price. PRICING First saddle is purchased for full price, pending leather choice. For renewals, there is a $500 fixed fee + $1,000 per year + taxes & shipping. ex: If you renew after 1 year from date of delivery the price is $1,500 + tax & shipping. If you renew 2 years from the delivery date the price is $2,500 + tax & shipping. RULES & REGULATIONS This agreement is void in cases of unusual wear on the original saddle due to rider neglect. Examples include, improper leather care, riding in jeans causing unfixable rubbing on the seat and flaps & any accidents such as the saddle being run over by a car or golf cart, set on fire & etc..
No unlawful or prohibited use/Intellectual Property
Customer will not modify, copy, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the products, in whole or in part, of FORESTIER SELLIER USA. FORESTIER SELLIER USA products are not for resale. Customer agrees that Customer does not acquire any ownership rights in any protected content. Seller does not grant Customer any licenses, express or implied, to the intellectual property of FORESTIER SELLIER USA or Seller’s licensors except as expressly authorized by these Terms.
Risk of Loss
Services
Customers may order services (collectively, "Services") from or through Seller from time to time. Where Services are ordered in a Statement of Work, each Statement of Work hereby incorporates these Terms and Conditions and constitutes a separate agreement with respect to the Services performed. Seller, or any of its Affiliates on behalf of Seller, may execute a Statement of Work. In the event of an addition to or a conflict between any term or condition of the Statement of Work and these Terms and Conditions, the terms and conditions of this Agreement will control, except as expressly amended in the applicable Statement of Work by specific reference to this Agreement. Each such amendment will be applicable only with respect to such Statement of Work and not to future Statements of Work. Changes to the scope of the Services described in a Statement of Work will be made only in a writing executed by authorized representatives of both parties. Seller will have no obligation to commence work in connection with any such change, unless and until the change is agreed upon in that writing executed by both parties. All such changes to the scope of the Services will be governed by these Terms and Conditions and the applicable Statement of Work. Each Statement of Work may be signed in separate counterparts each of which shall be deemed an original and all of which together will be deemed to be one original.
Cooperation
Access
Disclaimer, Limitation of Liability
EXCEPT FOR THE WARRANTIES EXPRESSED IN THIS AGREEMENT, SELLER DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF THIS AGREEMENT. UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, WILL SELLER, ITS AFFILIATES OR ITS OR THEIR SUPPLIERS, SUBCONTRACTORS OR AGENTS BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS , EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY; (B) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY; (C) ANY LOSS OR CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER'S IMPLEMENTATION OF ANY CONCLUSIONS OR RECOMMENDATIONS BY SELLER OR ITS AFFILIATES BASED ON, RESULTING FROM, ARISING OUT OF OR OTHERWISE RELATED TO THE PRODUCTS OR SERVICES; OR (D) ANY UNAVAILABILITY OF THE PRODUCT FOR USE OR ANY LOST, DAMAGED OR CORRUPTED DATA OR SOFTWARE. IN THE EVENT OF ANY LIABILITY INCURRED BY SELLER OR ANY OF ITS AFFILIATES, THE ENTIRE LIABILITY OF SELLER AND ITS AFFILIATES FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THE LESSER OF: (A) THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM OR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM; OR (B) $49,000.00. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE OR STORES), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED AS STATED IN THIS SECTION. Customer agrees to indemnify, defend and hold harmless FORESTIER SELLIER USA, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Customer use of or inability to use the products, Customer violation of any terms of this Agreement or Customer violation of any rights of a third party, or Customer violation of any applicable laws, rules or regulations.
Arbitration
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising from or relating to the Products, the Services, the interpretation or application of these Terms and Conditions or any Statement of Work or the breach, termination or validity thereof, the relationships which result from these Terms and Conditions or any Statement of Work (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or Seller's or any of its Affiliates' advertising or marketing (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF ANY OF SELLER, CUSTOMER OR THE THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is chosen by any party with respect to a Claim, neither Seller nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved. Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these Terms and Conditions, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place exclusively in Fort Lauderdale, Florida. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential.Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Seller arising out of the Products or Services will be exclusively litigated in court rather than through arbitration.
Changes to Terms
Contact Us
FORESTIER SELLIER USA welcomes your questions or comments regarding the Terms: FORESTIER SELLIER USA 12509 NW 44th St Coral Springs, FL 33065 Email Address: hrechard@forestier.com Telephone number: (352)209-8080 Effective as of January 1st, 2024