THV Saddling Limited T/A The Horse’s Voice Saddling
INTERPRETATION
THV: means THV Saddling Limited t/a The Horse’s Voice Saddling, whose registered office is at Micklehead Green Farm,
Sutton Manor, St. Helens, Merseyside. WA9 4AG
Order Application Form (OAF): the form completed by potential Clients to buy the Good(s) from THV
Order Confirmation Form: the written confirmation of order or invoice or acknowledgement or other written document confirming THV’s
acceptance of the Client Order Application Form for the Goods
Bespoke Goods: means those items to be supplied under an Order Application Form which are non-standard stock items including
all pads and harness that have been ordered specifically for the Client
Cancellation Administration Fee: is the cancellation fee chargeable by THV on any cancellation or refund of Goods, which shall never exceed a
maximum of 25% of the purchase price as set out in the Order Confirmation Form plus in addition any third party
charges which shall include but not be limited to any bank charges, credit card charges, import duties etc.
Contract: the contract or contracts for the supply of Goods under the terms set out below
Client: the person, firm or company that purchases the Goods from THV and who is named in the Order Confirmation
Form
Delivery: delivery of the Goods
Delivery Point: the place where the Goods are to be delivered as set out in the Order Application Form
Deposit: means the deposit as more particularly described in the Order Confirmation Form
Goods: means products sold by THV through its website as updated from time to time and as more particularly set out in
the Order Application Form
1 CONTRACT
1.1 These conditions will apply and be incorporated into the Contract. They will override terms that you (“the Client”) may have sent or
may send to THV or any written correspondence or verbal communication including any advice or recommendation made before THV
accepts the order. THV will not accept any changes to these terms other than those specifically agreed and confirmed in writing.
1.2 The signed Order Application Form incorporating these terms and conditions will be sent to THV fully completed with the Full Payment
or agreed Deposit. Order Application Forms may be sent by mail, or by fax or by e-mail. Where an Order Application Form is sent by email this must be via a scanned or photographed image.
1.3 Upon receipt of the Order Application Form, THV will confirm the order. At this point a Client will only be entitled to cancel an Order in
accordance with Clause 4 below.
1.4 THV may refuse to accept an Order Application Form at its complete discretion.
2 DESCRIPTION
2.1 The quantity and description of the Goods shall be as laid out in THV’s Order Confirmation Form. All samples, drawings, descriptive
matter, specification and advertising issued by THV and any descriptions or illustrations contained in THV’s
catalogues/brochures/website are issued or published for the sole purpose of giving an approximate idea do not form part of the
Contract.
2.2 Whilst the manufacturers endeavor to maintain continuity with colours, colours may vary. For this reason, THV cannot guarantee an
exact colour match to examples that may have been shown to potential Clients prior to receipt of the Order Application Form.
3 DELIVERY
3.1 THV will notify Client when the Goods are ready to be dispatched. Goods will not be dispatched until Client has paid the balance of the
purchase price due in respect of the Goods plus all charges relating to the delivery of the Goods.
3.2 Unless otherwise agreed in writing by THV, Delivery of the Goods shall take place at the Delivery Point or Points stipulated by the Client
in the Order Application Form or as may be notified in writing to THV subsequently prior to dispatch.
3.3 Clients with deliveries outside the UK will be provided with courier details as necessary, in order to enable Client to track the progress.
Client will be responsible for the payment of all applicable taxes and import duties that may arise as may be advised by either THV or
the courier company.
3.4 Any dates specified by THV for Delivery of the Goods are intended to be an estimate and time shall not be of the essence by notice. If
no dates are specified Delivery shall be within a reasonable time.
3.5 If for any reason Client fails to accept any of the Goods when they are ready for Delivery, or THV is not able to deliver the Goods on time
because Client has not provided appropriate instructions, documents, licences or authorisations then under this Contract the Goods will
be treated as having been delivered to the Client, even though they remain in THV’s possession, and from this point THV will hold the
Goods for the Client as bailee. THV will store the Goods until delivery, and Client shall be liable for all related costs and expenses
(including without limitation, storage and insurance).
4 CANCELLATION AND RETURNS
4.1 Should a Client decide not to take delivery of the Goods set out in the Order Application Form prior to dispatch, then upon receipt of
written notification of Client’s request to cancel the Order:
4.1.1 If the Goods are standard stock items, then THV will, at its discretion, cancel the order subject to the deduction of the Cancellation
Administration Fee, including any costs related to the refund of payments already made.
4.1.2 If the Goods are Bespoke Goods, and there is time to stop the manufacturing process, the cancellation will be accepted and a refund of
any payments made will be arranged, subject to a Cancellation Administration Fee, including any costs relating to the refund of payments
already made.
4.1.3 If it is too late to cancel the order with the manufacturer, then cancellation is not an option and the Bespoke Goods will be completed
and dispatched to the Client.
4.2 Once the Goods have been dispatched to you, payment will not be refunded by THV in full. The only exception to this is in the case of
a proven manufacturing fault which is reported within the manufacturer’s period of guarantee. Any such ‘fault’ must be reported
immediately on receipt of the Goods and the item in question will need to be returned to the manufacturer or his approved agent
(contact the THV office for details) for inspection, accompanied by a report on the alleged ‘fault’ written by the Client in order to be
assessed. If the manufacturer verifies the fault then at its discretion, THV will usually replace the item or elect to refund payment for
the faulty goods.
4.3 It is the Client’s responsibility to inspect the Goods upon receipt and if there is any sign of damage that could have happened during
shipping, the Client must report this to THV within 24hrs of receipt. Photographic evidence of any damage to the Goods and the packing
will be asked for, so all packaging materials should be retained while the cause of the damage is investigated. If the Goods are damaged,
they must not be used.
- NON-DELIVERY
5.1 The quantity of any consignment of Goods as recorded by THV on dispatch from THV’s place of business shall be conclusive evidence of
the quantity received by Client on delivery unless Client can prove to the contrary with conclusive evidence.
5.2 THV shall not be liable for any non-delivery of the Goods (even if caused by the negligence of THV) unless Client gives written notice to
THV of the non-delivery within 24 hrs. of the date when the Goods would in the ordinary course have been received.
5.3 Any liability of THV for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit
note at the pro-rata Contract rate against an invoice raised for such Goods. - PRICE OF THE GOODS
The price for the Goods shall be as set out in the Order Application Document. - PAYMENT
7.1 Payment of the price for the Goods is due in pounds sterling. - QUALITY
8.1 Since THV is not the manufacturer of the Goods, it cannot offer any direct manufacturer guarantees but will use its reasonable endeavors
to transfer the benefit of any manufacturer’s guarantee given to THV to the Client.
8.2 THV warrants that (subject to the other provisions of these conditions) on Delivery the Goods shall: be of satisfactory quality within the
meaning of the Sale of Goods Act 1979;
IMPORTANT NOTE: THV MAKES NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR EXPRESS OR IMPLIED WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE. This clause is in no way limits a consumer’s statutory rights.
8.3 Any warranties under Clause 8.2 above or any guarantees are only given in respect of Goods which have been subjected to Normal use
and care.
“Normal use and care“ would be taken as being up to 3 hours of use per day and for the goods to be kept in good condition i.e. Cleaned,
conditioned and stored correctly in accordance to information provided in the BALANCE/THV Saddling Manual. If a Client plans to use
the Goods for longer periods on a regular basis, the manufacturer’s guarantee period may be reduced to allow for the increased wear
and tear that is likely to be placed on the product.
8.4 THV shall not be liable for a breach of the warranties in condition 8.2 unless:
8.4.1 Client gives written notice of the defect to THV where such damage is as result of damage in transit by the carrier, within 24 hrs. of the
date received; and
8.4.2 THV is given a reasonable opportunity of examining such Goods together with the packaging which may be by detailed photographic
evidence and Client (if asked to do so by THV) returns such Goods (with packaging) to THV’s place of business initially at the Client’s cost
for the examination to take place there.
8.5 THV shall not be liable for a breach of any of the warranties in condition 8.2 if:
8.5.1 Client makes any further use of such Goods after giving such notice; or
8.5.2 the defect arises because Client failed to follow the oral or written instructions of THV as to the storage, fitting, use or maintenance of
the Goods; or
8.5.3 Client alters or repairs such Goods without the written consent of THV.
8.6 Subject to condition 8.3 and condition 8.4, if any of the Goods do not conform with the warranties in condition 8.2 THV shall at its option
repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro-rata Contract rate provided that, if THV
so requests, Client shall, at Client’s expense, return the Goods or the part of such Goods which is defective to THV.
8.7 If THV complies with condition 8.5 it shall have no further liability for a breach of the warranties in condition 8.2 in respect of such
Goods.
8.8 Any Goods replaced shall belong to THV and any repaired or replacement Goods shall be delivered on the same terms as the original
Goods.
9 LIMITATION OF LIABIITY
9.1 This condition sets out the entire financial liability of THV (including any liability for the acts and omissions of the employees, agents and
sub-contractors of THV) to Client in respect of:
9.1.1 any breach of the Contract;
9.2.2 any use made by Client of the Goods;
9.2.3 any representation, statement, or act or omission in tort (including negligence) arising under or in connection with the Contract.
9.2 All warranties, guarantees, conditions and other terms implied by statute and common law are to the fullest extent permitted by law
excluded from the Contract.
9.3 Nothing in these conditions limits or excludes the liability of THV for death or personal injury arising from its negligence or for any
damage or liability incurred by Client as a result of fraud or fraudulent misrepresentation by THV.
9.4 Subject to clause 9.3 above THV shall not be liable whether in tort, contract, misrepresentation or otherwise for:
9.4.1 loss of profits;
9.4.2 loss of business;
9.4.3 loss of contract;
9.4.4 any special, indirect, consequential or pure economic loss.
9.5 Subject to clause 9.3 above the total liability of THV in contract, tort, misrepresentation, restitution or otherwise arising in connection
with the supply of the Goods shall be limited to the price paid for the Goods. - ASSIGNMENT
Client shall not without THV’S prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of
its rights or obligations under the Contract. - TERMINATION
On termination of the Contract for whatever reason THV will be entitled to payment for all or any Goods that Company has properly
provided to Client prior to the date of termination.
12 THIRD PARTIES
The Contract is made for the benefit of the parties to it and is not intended to benefit or be enforceable by anyone else.
13 GENERAL
13.1 THV will not be liable for any breach of the Contract as a result of any circumstance beyond its reasonable control. THV will notify Client
immediately if such a circumstance arises and work with Client to alleviate the issue, but this will be the total extent of the liability of
THV under this Contract.
13.2 If either party chooses to waive or ignore a breach of the Contract, then this will not prevent them from taking action in respect of the
same type of breach at a future date.
13.3 Notices to be given under this Contract must be made in writing to the address written on Order Application Form or such other address
as Client or THV may notify to the other from time to time. Notices will be sent by recorded delivery, hand delivered or sent by facsimile
transmission, provided that the original of the fax is then sent by post within 24 hours of the facsimile transmission having been sent.
13.4 The Contract will be governed by English Law and will come under the exclusive jurisdiction of the English Courts