Sales Terms and Conditions
All sales are based on the following terms and conditions, your assent to which as the Purchaser is presumed and relied upon by Horse Guard / StockGuard (the "Seller") when you submit your purchase order. Seller does not assent to any sale except on the following terms and conditions:
1) Payments : You, the Purchaser ("Purchaser") shall pay to Seller the total sum stated on the purchase order ("Price"). The Price is based on delivery of the goods to your doorstep or other destination designated by the Purchaser.
2) Delay or Nonperformance : Neither Seller nor its manufacturer(s) shall be liable for failure to ship, or delayed shipment, or failure or delay in any other performance hereunder if such failure or delay is due to any cause beyond the reasonable control of Seller or its manufacturer(s).
3) Title and Risk of Loss : Seller and its manufacturer(s) shall retain title to the goods, and Purchaser hereby grants Seller a purchase money security interest in the goods, until the Price and any other sums owed by Purchaser (as set forth in the purchase order or otherwise invoiced by Seller to Purchaser) are paid in full to the Seller. The risk of loss shall pass from Seller to Purchaser when the goods are placed in the possession of the common carrier, and as part of the Sale, Purchaser is presumed to authorize the shipment of the goods by said common carrier. This Sale is F.O.B. Place of Seller.
4) Limited Warranty : The Seller warrants the goods to be free from defect and workmanship and materials for a period of 30 days from the date of shipment to the Purchaser. No goods may be returned in exchange for a refund of the Price without the express prior written approval of the Seller, and only after Seller has determined in writing that such goods are defective because of poor workmanship or defective materials. Purchaser's sole remedy and Seller's sole obligation in the event of any breach by Seller of this contract or of any warranty set forth herein shall be replacement of the goods at Seller's expense. It is presumed that the precise sum of damages, if any, that may be incurred by Purchaser or any third parties is difficult to ascertain, and the sole remedy stated above is therefore set as liquidated damages to Purchaser or any other parties. Said remedy shall only be available if Purchaser asserts in writing that Seller has breached this contract or any warranty set forth herein within such 30 day period from the date of shipment. Any abuse, misuse or abnormal usage or attempt to repair the goods by the Purchaser, its agents, employees or customers or for any other reason shall immediately void this remedy and any warranty set forth herein.
5) Warranty : Seller's webbing product is guaranteed for use up to 600 lbs break strength, shall be free from defects and is warranted for 25 years against deterioration due to normal weather conditions. Seller disclaims any warranty if Purchaser uses the product in non-standard weather conditions.
6) EXCEPT FOR ANY WARRANTY STATED HEREIN, ALL GOODS ARE SOLD ON AN «AS IS», «AS AVAILABLE» BASIS, AND SELLER AND ITS AGENTS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE.
7) Any sale of products by Seller to Purchaser shall be governed and interpreted under the laws of France, with the exception of conflicts-of-laws rules, and without excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods. This contract is deemed to have been made in France, irrespective of Purchaser's location or delivery destination.
8) Any dispute or other claim arising from the terms of this contract, or any sale subject hereto, shall be resolved by any competent court in Paris, France, and the parties accept the exclusive jurisdiction of said courts.
Neither Horse Guard / StockGuard (the "Seller") nor any of its manufacturers makes any warranty, expressed or implied, that the finished fence system or any other product is escape-proof, injury-free or otherwise free from the risk of injury. ALL PRODUCTS SHOULD BE USED WITH CAUTION, AND ARE SOLD ON AN "AS-IS", "AS AVAILABLE" BASIS. PURCHASERS AND USERS OF THE PRODUCTS ASSUME THE RISK OF USING ANY AND ALL PRODUCTS SOLD BY SEL LER AND/OR ITS MANUFACTURERS. The instructions for installation provided with the product(s) are only suggestions by the manufacturer(s) passed-on by the Seller in order to assist the Purchaser in achieving the maximum functionality, while minimizing the potential risk of injury, from the product(s). The instructions do not create or imply any guarantee or warranty either by the Seller or the manufacturers. Seller does not endorse the use of any product not sold by the Seller. If a Purchaser or user nevertheless uses products not sold by the Seller in conjunction with products sold by the Seller, such person(s) should do so with EXTREME CAUTION and should carefully follow the instructions provided with such products, including instructions from any fence charger manufacturer. Particular attention should be paid to instructions for installing and using fence connections and grounding. StockGuard fence products should not be used with an electric tension of less than 3000 volts. It is also suggested to use low impedance, U.L.-approved fence chargers only. Use of any other fence charger that is not classified "LOW IMPEDANCE" may damage the webbing or cause other harm or injury. THE SELLER AND ITS MANUFACTURERS MAKE NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANT, NEITHER EXPRESS NOR IMPLIED. Neither the Seller nor its manufacturers nor their representatives shall be liable to the purchaser or anyone else for any liability, claim, loss damage, or expense of any kind, or for any direct, consequential, collateral or incidental damages, relative to or arising from or caused directly or indirectly by the products or the use thereof.
It is an express condition of any sale of products by Seller or its manufacturers, and thereby made a part of the agreement between Seller and Purchaser (and the user), that a Purchaser's or user's ex clusive remedy for any claim relating to the products shall be liquidated damges amounting to the purchase price of the product or, at the Seller's election, the replacement of the product. It is further agreed by the Purchaser, and a further condition of any sale, that the extent of liability to Seller and/or its manufacturers for any and all losses or damages resulting from any cause whatsoever, including negligence, shall in no event exceed the purchase price of the product(s). Purchaser and its users acknowledge that : (1) there is an inherent danger in building, installing or using products that require the use of electric power, including the products which are the subject of this Disclaimer, (2) he/she is aware of such dangers and that, (3) he/she releases Seller and its manufacturers of any liability, claim, loss, or damage of any kind resulting from the use of these electrical wiring products. PURCHASER AND ITS USERS ASSUME ALL RISKS OF USING THE PRODUCTS. The foregoing disclaimers, conditions, qualifications, and releases form an essential part of the bargain between Purchaser and its users, on the one hand, and Seller and its manufacturers, on the other. No other sales or agreements are accepted by Seller or its manufactuers.