Terms and conditions of Product warranty for Lariot Saddle Trees
The Buyer’s attention is drawn to clause 15 regarding limitation of liability.
tre1. Lariot Europe Limited. (hereafter referred as “Lariot”) warrants to the entity who purchased the saddle trees direct from Lariot (“the Buyer”) that the saddle trees it has supplied and manufactured to be free of defects in material or workmanship for a period of 12 months from the date the item is delivered in accordance with Lariot’s terms and conditions; provided always that the Buyer sends written notice of the defect within fourteen (14) days of its discovery and establishes to Lariot’s satisfaction that:
i. the saddle tree has been maintained and operated within the limits of rated and normal usage, and that there have been no alterations to it;
ii. the defect did not result in any manner from the intentional or negligent action or inaction by Buyer or the end-user or any of their respective agents or employees or any person using it; and
iii. the defect was not the result of the Buyer or the end-user utilising a saddle tree altering device.
2. If requested by Lariot, the Buyer must return the defective items to Lariot’s manufacturing facility, or other location designated by Lariot, for inspection, and if the Buyer cannot establish that conditions (1)(i), (1)(ii) and (1)(iii) above have been met, then this warranty shall not cover the alleged defect.
3. Lariot’s obligation and liability under this warranty is expressly limited to, at Lariot’s sole option, repairing or replacing, with new or remanufactured parts or components, any part, which appears to Lariot upon inspection to have been defective in material or workmanship.
4. Such parts shall be provided at no cost to the Buyer. If requested by Lariot, components or parts for which a warranty claim is made shall be returned to at a location designated by Lariot. All components and parts replaced under this limited product warranty become the property of Lariot.
5. This warranty shall be null and void if a saddle tree is altered in anyway, or a saddle tree altering device is used on the saddle tree by the Buyer.
6. This warranty, regardless of any remaining warranty period, shall terminate automatically upon the ending of the Buyer’s contract with Lariot for the supply of saddle trees (howsoever that arises) or if the Buyer removes their moulds for the Saddle Tree and/or the software programmes associated with their design and manufacture (the “IP”) from Lariot and/or Lariot are prevented from using the IP howsoever that arises.
7. Accessories, assemblies and components included in the saddle tree, which are not manufactured by Lariot or a Lariot group company, are subject to the warranty of their respective manufacturers.
8. Normal maintenance, adjustments, or maintenance/wear parts are not covered by this warranty and are the sole maintenance responsibility of the Buyer.
9. Lariot makes no other warranty, express or implied, and makes no warranty of merchantability or fitness for any particular purpose.
10. Lariot’s obligation under this warranty shall not include:-
(1) duty, taxes, environmental fees, or any other charges whatsoever; or
(2) any liability for direct, indirect, incidental, or consequential damages; or
(3) improper maintenance, improper use, abuse (including but not limited to the use of a saddle tree altering device), improper storage, operation beyond rated capacity, operation after discovery of defective or worn parts, accident, sabotage or alteration; and/or
(4) repair of the equipment by persons not authorised by Lariot shall render this warranty null and void.
11. Lariot reserves the right to inspect the inclusion of the Saddle tree into a saddle or any other device and review maintenance procedures to determine if the failure was due to improper maintenance, improper use, abuse, improper storage, operation beyond rated capacity, operation after discovery of defective or worn parts, or alteration or repair of the equipment by persons not authorised by Lariot.
12. NO TRANSFERABILITY OF WARRANTY. This warranty is limited to the Buyer and is not assignable or otherwise transferable without the written agreement of Lariot.
13. ITEMS NOT COVERED BY WARRANTY. The following items are NOT covered under the Warranty (the following list is not exhaustive):
(1) Components which are not manufactured by Lariot are not covered by Lariot’s warranty. Such components are covered only by the warranty that is provided by the manufacturer of such components;
(2) Replacement of assemblies: Lariot has the option to repair or replace any defective part or assembly. It is Lariot’s policy to refuse claims for the replacement of a complete assembly that is repairable by the replacement or repair of defective part(s) within the assembly;
(3) Transportation cost and/ or damage: Any damage caused by carrier handling is a transportation claim and should be filed immediately with the respective carrier;
(4) Deterioration: Repairs, work required or parts exposed as the result of age, storage, weathering, lack of use, demonstration use, or use for transportation of corrosive chemicals;
(5) Secondary Failures: if the equipment is used or operated after it has been noted that a failure has occurred, Lariot will not be responsible under the warranty for resultant damage to other parts due to that continued operation;
(6) Workmanship of others: Lariot does not accept responsibility for improper installation or labour costs or costs of any kind from personnel other than authorised Lariot personnel;
(7) Lariot neither assumes nor authorises any other person to assume for Lariot any other liability in connection with the sale of Lariot’s equipment; and
(8) This warranty shall not apply to any of Lariot’s saddle tree or any part thereof which has been subject to misuse, alteration, abuse (including but not limited to the use of a saddle tree altering device on the saddle tree), negligence, accident, acts of God or sabotage. No action by any party shall operate to extend or revive this limited warranty without the prior written consent of Lariot. In the event that any provision of this warranty is held unenforceable for any reason, the remaining provisions shall remain in full force and effect.
14. Nothing in this Warranty limits any liability which cannot legally be limited, including liability for:
(1) Death or personal injury caused by negligence;
(2) Fraud or fraudulent misrepresentation; and
(3) Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
15. Subject to Clause 14 (Liabilities which cannot legally be limited) above, Lariot’s total liability to the Buyer for all loss or damage shall not exceed the total cost of the individual saddle tree affected by a defect.
16. Subject to clause 14 (Liabilities which cannot legally be limited), this clause 16 sets out the types of loss that are wholly excluded:
(1) loss of profits;
(2) loss of sales or business;
(3) loss of agreements or contracts;
(4) loss of anticipated savings;
(5) loss of use or corruption of software, data or information;
(6) loss of or damage to goodwill; and
(7) indirect or consequential loss.
17. Force majeure. Neither party shall be in breach of nor liable for delay in performing, or failure to perform, any of its obligations under this Warranty if such delay or failure result from events, circumstances or causes beyond its reasonable control.
18. Assignment and other dealings. (1) Lariot may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under this Warranty.
(2) The Buyer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under this Warranty without the prior written consent of the Lariot.
19. Entire agreement. (1) This Warranty constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
(2) Each party acknowledges that in entering into this Warranty it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Warranty. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Warranty.
(3) Nothing in this clause shall limit or exclude any liability for fraud.
20. Variation. Except as set out in these Conditions, no variation of this Warranty shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
21. Waiver. A waiver of any right or remedy under this Warranty or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under this Warranty or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Warranty or by law shall prevent or restrict the further exercise of that or any other right or remedy.
22. Severance. If any provision or part-provision of this Warranty is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of this Contract deleted under this clause 22 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
23. Notices. (1) Any notice given to a party under or in connection with this Warranty shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case).
(2) Any notice shall be deemed to have been received:
i. if delivered by hand, at the time the notice is left at the proper address;
ii. if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting;
(3) This clause 23 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
24. Third party rights. (1) Unless it expressly states otherwise, this Warranty does not give rise to any rights under the (Rights of Third Parties) Act 1999 to enforce any term of this Warranty.
(2) The rights of the parties to rescind or vary this Warranty are not subject to the consent of any other person.
25. Governing law. This Warranty, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
26. Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Warranty or its subject matter or formation.