Terms & Conditions

CommonWealth Saddles Terms Agreement for Sale of Custom-Fit Saddle

PLEASE READ THIS DOCUMENT CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS
This agreement (the “Agreement”) contains the terms and conditions upon which CommonWealth Saddles (“CommonWealth Saddles”) agrees to sell the undersigned customer (the “Customer”) a custom-built saddle described in the attached quotation or Invoice (the “Custom-Built Saddle”).

1. Terms of Sale and Entire Agreement

The purchase of a Custom-Built Saddle will be subject to and expressly limited by the terms and conditions of this Agreement. This Agreement constitutes the entire agreement between the parties relating to its subject matter and supersedes all prior agreements or understandings with respect to such subject matter. This Agreement may only be amended (or a provision waived) by a written instrument signed by both parties that refers to the provision of this Agreement that is being amended or waived. No other action or inaction by CommonWealth Saddles will be construed as an amendment or waiver of any of any provision of this Agreement.

2. Price

The price of the Custom-Built Saddle, including applicable taxes and shipping (if any) (the “Price”) is specified in the attached quotation or invoice.

3. Taxes & Shipping

Customer will be solely responsible for payment of any provincial or state sales taxes or other taxes that may apply to the supply of the Custom-Built Saddle.If the Custom-Built Saddle is being shipped to an address in Canada then CommonWealth Saddles will pay all shipping costs.If the Custom-Built Saddle is being shipped to an address outside of Canada, Customer agrees to be solely responsible for payment of all shipping costs.For United States residents, if the saddle is purchased in the USA then CommonWealth Saddles will be responsible for all shipping costs.The Customer will be responsible for cross border saddle shipping if the saddle was purchased in a country other than the country the saddle being shipped to.

4. Payment

Within two days of the execution of this Agreement, Customer must either:(a) pay all of the Price to CommonWealth Saddles; or(b) pay one-third of the Price to CommonWealth Saddles, in order for this Agreement to become binding.In order to qualify for payment pursuant to option (b), Customer must supply a copy of a valid driver’s license and allow CommonWealth Saddles to keep a valid credit card payment authorization on file against which the remaining payments required by this Agreement. Customer authorizes all such payments under this Agreement. Customer will pay a late fee of $25 per day to CommonWealth Saddle if the card is unsuccessfully charged on the day of payment. It is the customer's duty to ensure that their credit card is available for the payment on the specified date.

If Customer pays one-third of the Price to CommonWealth Saddle within two days of the execution of this Agreement pursuant to the option outlined in 4(b), then:(a) the Customer must make the second payment of one-third of the amount of the Price within 30 days after the payment of the first one-third of the Price; and(b) the Customer must make the third and final payment of one-third of the Price before delivery of the Custom-Built Saddle or 60 days after the initial payment, whichever date comes first.All of the amounts paid to CommonWealth Saddle before delivery of the Saddle constitute a deposit (the “Deposit”). The Deposit is non refundable. If Customer fails to complete any payments of the Price required by this Agreement, CommonWealth Saddles is entitled to terminate this Agreement and retain all amounts of the Deposit, in which case Customer will have no further rights or claim of any kind against CommonWealth Saddles. Customer may not cancel, delay, or reschedule any order placed with CommonWealth Saddles for the Custom-Built Saddle.CommonWealth Saddles will deliver the Custom-Built Saddle only when CommonWealth Saddles has received payment in full of all amounts owing to it under this Agreement

5. Final Sales

Due to the unique nature of Custom-Built Saddles, CommonWealth Saddles cannot offer a trial period. All sales are final and no refunds will be offered once the Custom-Built Saddle is delivered, subject to the rights described in Section 9.

6. Title and Delivery

Title and risk of loss of or damage to each Custom-Built Saddle will pass to Customer upon delivery to Customer. CommonWealth Saddles will arrange for shipping of the Custom-Built Saddle by common carrier, prepaid and insured for the saddle’s purchase price or personal delivery (at the election of CommonWealth Saddle). Shipping of a Custom-Built Saddle to locations outside of North America will be at Customer's expense. CommonWealth Saddles' delivery dates are estimates only but generally average 6 weeks to 4 months from initial fitting. CommonWealth Saddles will use commercially reasonable efforts to deliver in accordance with the delivery dates but may change those dates as it deems necessary or convenient. In CommonWealth Saddles’ sole discretion, CommonWealth Saddles may reduce quantities of saddles to be delivered, delay shipments, or allocate saddles among Customers. CommonWealth Saddles will not be liable for failure to deliver by the estimated dates.

7. Saddle Use

Customer understands and agrees that Customer is solely responsible for proper use of the Custom-Built Saddle, and that improper use may void any warranties provided by the manufacturer of the Custom-Built Saddle. Proper use will include, but not be limited to, the particular equestrian discipline for which the Custom-Built Saddle was designed and use of the Custom-Built Saddle on the horse for which they were originally made.

8. Saddle Care

CommonWealth Saddles strongly recommends that Customers clean their Custom-Built Saddle after each use. Customers should only use leather care products specifically designed for use on the Custom-Built Saddle, and use such products only as directed. To protect the integrity of a saddle’s color, Customers should avoid applying leather care products directly to the saddle and instead apply such products with a cloth or sponge as instructed by the product directions. Failure to properly care for a Custom-Built Saddle will void all warranties provided by the manufacturer of the Custom-Built Saddle.

9. Saddle Fit

A saddle fitter provided by CommonWealth Saddles (the “Saddle Fitter”) has reviewed the horse that will be used with the Custom-Fit Saddle and has specified the saddle fit characteristics of the Custom-Fit Saddle in consultation with the Customer in view of the rider that will use the Custom-Fit Saddle (the "Saddle Fit Characteristics”). Customer acknowledges receipt of the Saddle Fit Characteristics.CommonWealth Saddles will deliver the Custom-Fit Saddle to the Customer with the Saddle Fit Characteristics. CommonWealth Saddles offers saddle fit coverage, detailed on its website (the “Commonwealth Coverage”). The Customer will have all of the rights specified in the CommonWealth Coverage in order to resolve any fitting issues in respect of the Custom-Fit Saddle. The CommonWealth Coverage is subject to change at the sole discretion of CommonWealth Saddles and only the CommonWealth Coverage in effect at the time of a request by the Customer to adjust the Saddle will govern.Subject to the rights described in the CommonWealth Coverage, the Customer will be deemed to have accepted the Custom-Built Saddle without qualification and cannot, thereafter, return the Custom-Built Saddle to CommonWealth Saddles or otherwise have any rights against CommonWealth Saddles.Horses’ muscle tone and weight can change during the period between measurement and saddle delivery, some adjustment may be necessary upon delivery of the Custom-Built Saddle. Accordingly, Customer agrees to permit the Saddle Fitter to evaluate the fit of the Custom-Built Saddle and make reasonable adjustments to the fit, pursuant to the CommonWealth Coverage.The customer understands that it is not the responsibility of CommonWealth Saddles to change and/or update the fit of the saddle if the customer changes coach, trainer, discipline, and/or advisor.

10. Warranties

The manufacturer of your Custom-Built Saddle provides a limited warranty in respect of the saddle. Additional information regarding the terms of these warranties is available from them. There is no warranty provision on trees that have been adjusted from the manufacturer’s original condition. COMMONWEALTH SADDLES MAKES NO WARRANTY OR CONDITION WHATSOEVER WITH RESPECT TO THE CUSTOM-BUILT SADDLE, INCLUDING ANY WARRANTY OR CONDITION (A) OF MERCHANTABILITY; OR (B) OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

11. Limitation of Liability

Customer understands and agrees that horseback riding is an inherently dangerous sport, and that tack or equipment failure could result in catastrophic injury to or death of horse and riders, including Customer and Customer’s horses. Customer agrees that Customer is solely responsible for inspecting all of Customer’s tack and equipment, including any saddles, prior to each use to ensure that such tack and equipment are in good repair and in sound condition. Customer understands and agrees that improper saddle fit can cause temporary or permanent discomfort or injury to horses and/or riders, and may also cause equines to buck, rear, or otherwise react in an unexpected and potentially dangerous manner. Accordingly, before using any Custom-Built saddle, Customer is solely responsible for ensuring that the Custom-Built Saddle properly fits the horse and its rider. If saddle fit is improper, Customer understands that it is Customer's sole responsibility not to use the Custom-Built Saddle until or unless the fit can be adjusted. Under no circumstances will CommonWealth Saddles be liable to any Customer for any special or consequential damages arising from the use of the Custom-Built Saddle, including but not limited to medical or veterinary expenses. In addition to the other limitations on CommonWealth Saddles’ liability set forth in these terms and conditions, under no circumstances will CommonWealth Saddles’ liability in connection with the use of any Custom-Built Saddle exceed the total purchase price of such saddle actually received by CommonWealth Saddles from Customer in connection with such saddle.

12. Notices

All notices pursuant to these terms and conditions must be in writing. An email notice is only effective if the receiving party confirms receipt. All notices pursuant to these terms and conditions must be delivered via a method that provides for proof of delivery.All notices must be delivered to CommonWealth Saddles at the following address:

CommonWealth Saddles
P.O Box 96028
West Springs, Calgary
Alberta, Canada
T3H 0J0
Phone: (587) 205-0386
Email: rose@commonwealthsaddles.com or office@commonwealthsaddles.com

All notices must be delivered to Customer at the address provided in the order form provided by Customer to CommonWealth Saddles. If Customer does not provide CommonWealth Saddles with notice of changes in Customer’s contact information, a notice delivered to the last contact information given by Customer to CommonWealth Saddles will be considered proper notice provided that the other conditions of this section have been met.

13. Governing Provisions

The provisions of this Agreement will extend to and be binding upon the parties and their respective legal representatives, heirs, successors and assigns.This Agreement is governed by, and will be interpreted and construed in accordance with, the laws of the Province of Alberta and the federal laws of Canada applicable therein. All disputes arising out of or in connection with this Agreement will be resolved by arbitration under the Arbitration Rules of the ADR Institute of Canada, Inc. The Seat of Arbitration will be Calgary, Alberta. The language of the arbitration will be English. The proceedings of the arbitration will be kept confidential.If any provision of these terms and conditions or the application thereof to any person or circumstances is held invalid, such invalidity will not affect other provisions or applications of these terms and conditions which can be given effect without the invalid provision or application. In lieu thereof, there will be added a provision as similar in terms to such illegal, invalid and unenforceable provision as may be possible and be legal, valid and enforceable.

COMMONWEALTH SADDLES

CommonWealth Saddles Terms Agreement for Sale of Available, Demo, and Stock Saddles

PLEASE READ THIS DOCUMENT CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS
This agreement (the “Agreement”) contains the terms and conditions upon which CommonWealth Saddles (“CommonWealth Saddles”) agrees to allow trial of a stock, demonstration or previously-owned saddle described in the attached quotation (the “Available Saddle”) to the undersigned customer (the “Customer”).

1. Terms of Trial and Entire Agreement

The trial of an Available Saddle will be subject to and expressly limited by the terms and conditions of this Agreement. This Agreement constitutes the entire agreement between the parties relating to its subject matter and supersedes all prior agreements or understandings with respect to such subject matter. This Agreement may only be amended (or a provision waived) by a written instrument signed by both parties that refers to the provision of this Agreement that is being amended or waived. No other action or inaction by CommonWealth Saddles will be construed as an amendment or waiver of any of any provision of this Agreement.

2. Price

The price of the Available Saddle, including applicable taxes and shipping, if any (the “Price”) is specified in this contract of in the attached quotation and/or invoice. CommonWealth Saddles will deliver the Available Saddle only when CommonWealth Saddles has received the completed copy of this Contract.

3. Taxes & Shipping

Customer will be solely responsible for payment of any provincial, state, or federal sales taxes or other taxes that may apply to the supply of the Available Saddle, as well as shipping if applicable.

Credit Card Fees - 3% NON REFUNDABLE

AS OF OCTOBER 5th, 2023 CommonWealth Saddles will NO LONGER BE REIMBURSING THE 3% CREDIT CARD FEE that is charged to CommonWealth Saddles (merchant fees) for Trials. Customers may choose to pay by cheque, cash, debit or e-transfer to avoid this fee. Funds must clear before the saddle is released for trial.

4. Final Sales and Trial Period

All sales are final and no refunds will be offered once the Available Saddle has terminated it's trial period, subject to the rights described in this Section. The Available Saddle is trialed and sold without any warranty by CommonWealth Saddles. The rights described in this Section represent the opportunity to inspect and test ride /trial the Available Saddle.

• Customer is entitled to a trial period of 7 days.
• The trial period starts on the date of delivery.
• Customer will inspect the Available Saddle upon arrival for any damage. Any damage resulting from shipping must be reported immediately to CommonWealth Saddles or the trial rights in the Section are terminated.
• A signature is required for delivery of an Available Saddle. Customer must provide a shipping address where someone will be available to sign. Customer is responsible for providing accurate shipping details. CommonWealth Saddles is not liable for incorrect shipping addresses provided by the consumer.

In order to return the Available Saddle, Customer must:
• Give notice to CommonWealth Saddles of the return before the end of the 7-day trial period; and
• Ship the Available Saddle to CommonWealth Saddles within 24 hours of the time of the notice of the return. If your trial ends on a weekend day, the Available Saddle must be in the mail by the next Monday. Please email tracking numbers as soon as you have them to CommonWealth Saddles.

Return Shipping:
• Return shipping costs are the Customer’s responsibility and the Customer bears the risk of any loss or damage to the Available Saddle before it is delivered to CommonWealth Saddles.
• A $100 cleaning fee will be applied if the Available Saddle is returned dirty.
• We will not accept an Available Saddle that are returned in any other state than that which they were sent away. CommonWealth Saddles reserves the right to charge the Customer for damage to the Available Saddle incurred during the Customer’s custody of the Saddle.

No refunds will be offered as a result of any saddler or trainer inspections made after the seven day trial period has ended. CommonWealth Saddles is not responsible for any suitability or condition issues brought to our attention after the trial period ends.

If Customer fails to comply with the requirements of this Section, CommonWealth Saddles reserves the right to charge the Customer for the Price of the Available Saddle.

5. Title and Delivery

Title and risk of loss of or damage to each Available Saddle will pass to Customer upon delivery, subject only to the rights described in Section 4.

6. Saddle Use

Customer understands and agrees that Customer is solely responsible for proper use of the Available Saddle, and that improper use may cause damage to the Available Saddle. Proper use will include, but not be limited to, the particular equestrian discipline for which the Available Saddle was designed and use of the Available Saddle on the horse for which they were originally fit for.

7. Saddle Care

CommonWealth Saddles highly recommends that Customers clean the Available Saddles after each use. Customers should only use leather care products specifically designed for use on saddles, and use such products only as directed. To protect the integrity of a saddle’s color, Customers should avoid applying leather care products directly to the saddle and instead apply such products with a cloth or sponge as instructed by the product directions.

8. Saddle Fit

Before purchasing an Available Saddle from CommonWealth Saddles, CommonWealth Saddles highly recommends that Customer engage a professional saddle fitter authorized by CommonWealth Saddles to measure Customer and Customer’s horse(s) in order to ensure that the Available Saddle has an appropriate fit. Customer understands and agrees that the role of the saddle fitter is crucial to achieving a proper saddle fit for Customer and Customer's horse(s) and that CommonWealth Saddles cannot make any model or size recommendations without accurate measurements provided by a professional saddle fitter.Horses also change shape based upon exercise, fitness, diet and other factors. Accordingly, CommonWealth Saddles highly recommends that each Customer have an authorized CommonWealth Saddles saddle fitter check the fit of a newly purchased Available and Used Saddle six to 12 weeks after such saddle is first put into use, and thereafter, every six months.

9. Warranties

The manufacturer of your Available Saddle provides a limited warranty in respect of that saddle. Additional information regarding the terms of these warranties is available from them. There is no warranty provision on trees that have been adjusted from the manufacturer’s original condition. COMMONWEALTH SADDLES MAKES NO WARRANTY OR CONDITION WHATSOEVER WITH RESPECT TO THE AVALIALBE SADDLE, INCLUDING ANY WARRANTY OR CONDITION (A) OF MERCHANTABILITY; OR (B) OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

10. Limitation of Liability

Customer understands and agrees that horseback riding is an inherently dangerous sport, and that tack or equipment failure could result in catastrophic injury to or death of horse and riders, including Customer and Customer’s horses. Customer agrees that Customer is solely responsible for inspecting all of Customer’s tack and equipment, including any saddles, prior to each use to ensure that such tack and equipment are in good repair and in sound condition. Customer understands and agrees that improper saddle fit can cause temporary or permanent discomfort or injury to horses and/or riders, and may also cause equines to buck, rear, or otherwise react in an unexpected and potentially dangerous manner. Accordingly, before using any Available Saddle, Customer is solely responsible for ensuring that the Available Saddle properly fits the horse and its rider. If saddle fit is improper, Customer understands that it is Customer's sole responsibility not to use the Available Saddle until or unless the fit can be adjusted. Under no circumstances will CommonWealth Saddles be liable to any Customer for any special or consequential damages arising from the use of the Available Saddle, including but not limited to medical or veterinary expenses. In addition to the other limitations on CommonWealth Saddles’ liability set forth in these terms and conditions, under no circumstances will CommonWealth Saddles’ liability in connection with the use of any Available Saddle exceed the total purchase price of such saddle actually received by CommonWealth Saddles from Customer in connection with such saddle.

11. Notices

All notices pursuant to these terms and conditions must be in writing. An email notice is only effective if the receiving party confirms receipt. All notices pursuant to these terms and conditions must be delivered via a method that provides for proof of delivery.All notices must be delivered to CommonWealth Saddles at the following address:CommonWealth SaddlesP.O Box 96028 West SpringsCalgary, Alberta, CanadaT3H 0J0Phone (587) 205-0386Email rose@commonwealthsaddles.com or office@commonwealthsaddles.comAll notices must be delivered to Customer at the address provided in the order form provided by Customer to CommonWealth Saddles. If Customer does not provide CommonWealth Saddles with notice of changes in Customer’s contact information, a notice delivered to the last contact information given by Customer to CommonWealth Saddles will be considered proper notice provided that the other conditions of this section have been met.

12. Governing Provisions

CommonWealth Saddles Terms Agreement for Available, Demo, and Stock Saddle Trials

PLEASE READ THIS DOCUMENT CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS
This agreement (the “Agreement”) contains the terms and conditions upon which CommonWealth Saddles (“CommonWealth Saddles”) agrees to allow trial of a stock, demonstration or previously-owned saddle described in the attached quotation (the “Available Saddle”) to the undersigned customer (the “Customer”).

1. Terms of Trial and Entire Agreement

All sales are final and no refunds will be offered once the Available Saddle has terminated it's trial period, subject to the rights described in this Section. The Available Saddle is trialed and sold without any warranty by CommonWealth Saddles. The rights described in this Section represent the opportunity to inspect and test ride/trial the Available Saddle.
• Customer is entitled to a trial period of 7 days.
• The trial period starts on the date of delivery.
• Customer will inspect the Available Saddle upon arrival for any damage. Any damage resulting from shipping must be reported immediately to CommonWealth Saddles or the trial rights in the Section are terminated.
• A signature is required for delivery of an Available Saddle. Customer must provide a shipping address where someone will be available to sign. Customer is responsible for providing accurate shipping details. CommonWealth Saddles is not liable for incorrect shipping addresses provided by the consumer.

In order to return the Available Saddle, Customer must:
• Give notice to CommonWealth Saddles of the return before the end of the 7-day trial period; and
• Ship the Available Saddle to CommonWealth Saddles within 24 hours of the time of the notice of the return. If your trial ends on a weekend day, the Available Saddle must be in the mail by the next Monday. Please email tracking numbers as soon as you have them to CommonWealth Saddles.

Return Shipping:
• Return shipping costs are the Customer’s responsibility and the Customer bears the risk of any loss or damage to the Available Saddle before it is delivered to CommonWealth Saddles.
• A $100 cleaning fee will be applied if the Available Saddle is returned dirty.
• We will not accept any Available Saddles that are returned in any other state than that which they were sent away. CommonWealth Saddles reserves the right to charge the Customer for damage to the Available Saddle incurred during the Customer’s custody of the Saddle.

No refunds will be offered as a result of any saddler or trainer inspections made after the seven day trial period has ended. CommonWealth Saddles is not responsible for any suitability or condition issues brought to our attention after the trial period ends.

If Customer fails to comply with the requirements of this Section, CommonWealth Saddles reserves the right to charge the Customer for the Price of the Available Saddle.

5. Title and Delivery

Title and risk of loss of or damage to each Available Saddle will pass to Customer upon delivery, subject only to the rights described in Section 4.

6. Saddle Use

Customer understands and agrees that horseback riding is an inherently dangerous sport, and that tack or equipment failure could result in catastrophic injury to or death of horse and riders, including Customer and Customer’s horses. Customer agrees that Customer is solely responsible for inspecting all of Customer’s tack and equipment, including any saddles, prior to each use to ensure that such tack and equipment are in good repair and in sound condition. Customer understands and agrees that improper saddle fit can cause temporary or permanent discomfort or injury to horses and/or riders, and may also cause equines to buck, rear, or otherwise react in an unexpected and potentially dangerous manner. Accordingly, before using any Available Saddle, Customer is solely responsible for ensuring that the Available Saddle properly fits the horse and its rider. If saddle fit is improper, Customer understands that it is Customer's sole responsibility not to use the Available Saddle until or unless the fit can be adjusted. Under no circumstances will CommonWealth Saddles be liable to any Customer for any special or consequential damages arising from the use of the Available Saddle, including but not limited to medical or veterinary expenses. In addition to the other limitations on CommonWealth Saddles’ liability set forth in these terms and conditions, under no circumstances will CommonWealth Saddles’ liability in connection with the use of any Available Saddle exceed the total purchase price of such saddle actually received by CommonWealth Saddles from Customer in connection with such saddle.

11. Notices

All notices pursuant to these terms and conditions must be in writing. An email notice is only effective if the receiving party confirms receipt. All notices pursuant to these terms and conditions must be delivered via a method that provides for proof of delivery.All notices must be delivered to CommonWealth Saddles at the following address:CommonWealth SaddlesP.O Box 96028 West SpringsCalgary, Alberta, CanadaT3H 0J0Phone (587) 205-0386Email rose@commonwealthsaddles.com or office@commonwealthsaddles.comAll notices must be delivered to Customer at the address provided in the order form provided by Customer to CommonWealth Saddles. If Customer does not provide CommonWealth Saddles with notice of changes in Customer’s contact information, a notice delivered to the last contact information given by Customer to CommonWealth Saddles will be considered proper notice provided that the other conditions of this section have been met.

12. Governing Provisions

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