Borné Saddlery Terms and Conditions of Sale Page 7 of 7

Borné Saddlery Terms and Conditions of Sale Page 7 of 7

for Custom and Other New Saddles

PLEASE READ THIS DOCUMENT CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS

This document contains the terms and conditions upon which Borné Saddlery (“Borné”) sells custom saddles and other brand-new saddles to its customers (each, a “Customer,” collectively, “Customers”).

Definition of Custom Saddle: Borné offers Custom Saddles, which are defined as saddles made to order for Customers. Custom Saddles do not include previously owned saddles, demonstration model saddles, “semi-custom” saddles or saddles not otherwise made to order for the Customer purchasing such saddle. New Saddles are defined as Borné saddles that are brand new, but not made to order, and New Saddles include brand-new “semi-custom” saddles. New Saddles do not include previously owned saddles or demonstration model saddles, regardless of such saddles’ condition. All saddles sold by Borné that are not Custom Saddles or New Saddles are subject to Borné Saddlery Terms and Conditions of Sale for Previously Owned Saddles.

Terms of Sale: Purchase of any Custom or New Saddle sold by Borné to a Customer shall be subject to and expressly limited by the terms and conditions herein. No changes to, waiver of, or addition to any of these terms and conditions shall be effective unless agreed to in writing and signed by Borné. Customer acknowledges and agrees that these terms and conditions supersede the terms and conditions of any other documentation and, except for delivery and billing addresses, any conflicting or additional terms are void and have no effect. Notwithstanding the foregoing, Borné reserves the right to amend these terms and conditions at any time, and Customer shall be deemed to accept such amended terms and conditions by ordering or purchasing a Custom or New Saddle after the date of such amendment.

Prices: To be valid, all pricing quotes must be documented in writing and signed by Borné. For Custom Saddles, all prices are firm for 30 days from the date quoted. For New Saddles, all prices are firm for 7 days from the date quoted. All New Saddles are subject to availability and Borné reserves the right to sell any New Saddle to any Customer, regardless of whether Borné has provided a price quotation to any other Customer. Until such time as Customer has placed a fully paid order for a Custom or New Saddle with Borné, Borné reserves the right to change the specifications of any saddle model at any time without notice to Customer. Unless specifically stated by Borné in a price quotation to Customer, New Saddle prices do not include charges for shipping and handling. Custom Saddles include shipping or personal delivery within the continental United States.

Taxes: Customer shall be solely responsible for payment of any state and/or local sales tax that may apply to Customer’s order. All Custom and New Saddles shipped to or personally delivered within Texas shall be subject to an 8.25% sales tax. For all Custom and New Saddles shipped outside the United States, Customer agrees to be solely responsible for payment of shipping costs as well as any and all applicable taxes, customs duties and fees.

Deposit and Payment: At the time of order, Customer must pay 50% of the purchase price of each Custom and New Saddle described in the order (the “Deposit”). Borné accepts the following methods of payment: Cash, checks, cashier’s checks, money orders, MasterCard, Visa, American Express, and Discover. If a Customer pays by check, such payment will not be considered made until such time as the check clears Borné’s account. In the event that any Customer check is dishonored for any reason, such Customer agrees to pay Borné a fee of $50. If the Deposit is not paid in full at the time a Customer places an order, Borné will not fulfill such order until Borné receives payment in full of the Deposit, and Borné may cancel the order in its sole discretion. When Borné has fulfilled a Customer’s order and is prepared to ship or personally deliver, as applicable, the saddle(s) described in such order, Borné will notify Customer. If the order will be shipped to Customer, prior to shipment, Customer shall then pay the remaining amount of the order, including taxes and, if applicable, shipping. If Borné will personally deliver the order to Customer, Customer shall pay the remaining amount of the order upon delivery, including taxes. Borné will ship or personally deliver Customer’s order only when Borné has received payment in full. In the event that Customer does not pay within such 7-day period, Borné reserves the right to cancel Customer’s order upon notice to Customer. If Borné cancels an order due to non-payment by Customer, Borne shall refund the Deposit to Customer, less a restocking fee of 20% of the total purchase price of the saddle(s) described in the applicable order.

Trial Period: Upon receipt of a Custom or New Saddle, Customer shall have a 7-day period in which to evaluate the saddle (the “Trial Period”). If Customer wishes to return a Custom or New Saddle for improper fit or any other reason, Customer must notify Borné in writing prior to the expiration of the Trial Period. In the event that Customer returns a Custom or New Saddle to Borné within the Trial Period, it must be clean and in new condition. For Custom and New Saddles returned pursuant to this section, Borné shall refund the purchase price of the saddle actually received from Customer, less a 20% restocking fee. All Trial Period returns are subject to the additional terms and conditions specified in “Returns” below. All Trial Period returns due to saddle fit issues are subject to the additional terms and conditions specified in “Custom Saddle Fit” and “New Saddle Fit” below. If there is a questions as to fit, the original Borné Agent must be notified within 24 hours and allowed to evaluate the saddle and make every reasonable attempt to adjust the fit prior to returning the saddle. The saddle was made to fit the horse at the time the original tracing was taken and occasionally needs adjusting at the time of delivery.

Title and Delivery. Title and risk of loss of or damage to each Custom and New Saddle will pass to Customer upon delivery to Customer. Borné shall arrange for shipping of each saddle by common carrier, prepaid and insured for the saddle’s purchase price. Shipping of New Saddles, and of Custom Saddles shipped to locations outside the continental United States, shall be at Customer’s expense. Borné’s delivery dates are estimates only but generally average 12-14 weeks from initial fitting. Borné 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 Borné’s sole discretion, Borné may reduce quantities of saddles to be delivered, delay shipments, or allocate saddles among Customers. Borné will not be liable for failure to deliver by the estimated dates. Customer may not cancel, delay, or reschedule any order placed with Borné unless Borné consents in writing to such cancellation, delay or rescheduling.

Saddle Use: Customer understands and agrees that Customer is solely responsible for proper use of each Custom and New Saddle, and that improper use may void any warranties provided by Borné. Proper use shall include, but not be limited to, the particular equestrian discipline for which the Custom or New Saddle was designed.

No guarantee applies to Custom or New Saddles used on horses other than the horse it was originally made or fitted to.

Saddle Care: Borné highly recommends that Customers clean their 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. Failure to properly care for a Custom or New Saddle will void all warranties.

Custom Saddle Fit: Prior to placing a Custom Saddle order with Borné, Customer is solely responsible for engaging a professional saddle fitter authorized by Borné Saddlery to measure Customer and Customer’s horse(s), at Customer’s sole expense. 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 Borné cannot create a Custom Saddle for Customer without accurate measurements provided by a professional saddle fitter. If, upon receipt of a Custom Saddle, Customer has determined that the Custom Saddle does not properly fit Horse and/or Customer, Customer shall so notify Borné within the 7-Day Trial Period. Upon Borné’s request, Customer shall engage said professional saddle fitter at Customer’s expense to provide Borné with data about the Custom Saddle fit. In the event that the Custom Saddle does not in fact properly fit Customer and/or Horse, and such improper fit is due to the Custom Saddle’s failure to conform to the measurement data provided by Customer upon ordering the Saddle, Borné shall, at its expense, make appropriate adjustments to the Custom Saddle, including, if applicable, round-trip shipping of the Custom Saddle and reimbursement for the reasonable out-of-pocket costs incurred by Customer for post-purchase professional saddle fitting services. In the event that the Custom Saddle does not in fact properly fit Customer and/or Horse, and such improper fit is due to causes other than the Custom Saddle’s failure to conform to data provided by Customer at the time of order, Borné shall, upon Customer’s request and at Customer’s expense (including round-trip shipping), make appropriate adjustments to the Custom Saddle. Improper saddle fit may result from many reasons beyond Borné’s reasonable control, including but not limited to inaccurate measurements or other data provided by Customer or Customer’s saddle fitter, and changes in Horse’s and/or Customer’s weight or muscle condition. While Borné may provide a list of recommended saddle fitters and may provide sales commissions and/or other compensation to such persons, these saddle fitters are not employed by Borné and they are independent third parties not under the supervision or control of Borné. Accordingly, Borné shall not be liable for the actions or inactions of any saddle fitter recommended by Borné, and Customer agrees to hold Borné harmless for such saddle fitters’ actions or inactions.

New Saddle Fit: Prior to placing a New Saddle order with Borné, Borné highly recommends that Customer engage a professional saddle fitter to measure Customer and Customer’s horse(s), at Customer’s sole expense. 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 Borné cannot make any model or size recommendations without accurate measurements provided by a professional saddle fitter. If, upon receipt of a New Saddle, Customer has determined that the New Saddle does not properly fit Horse and/or Customer, Customer shall so notify Borné within the 7-Day Trial Period and may return the saddle pursuant to the terms and conditions set forth in “Returns” below.

Post-Purchase Saddle Fit: As Custom and New Saddles are used, they tend to change shape somewhat as the flocking settles. Horses also change shape based upon exercise, fitness, diet and other factors. Accordingly, Borné highly recommends that each Customer have an authorized Borné saddle fitter check the fit of a newly purchased Custom or New Saddle, or reflocked Custom or New Saddle six to 12 weeks after such saddle is first put into use, and thereafter, every six months. Custom Saddles are designed only for use only on the horse(s) and by the person(s) for which Customer provided measurements to Borné, and use of any saddle, including a Custom or New Saddle, on another horse or by another person may alter such saddle’s shape and therefore make it unsuitable for the original intended use(s).

Limited Warranty: Borné offers a limited 5-year warranty on each Custom and New Saddle tree and a 12-month limited warranty on all other Custom and New Saddle materials and workmanship. Such limited warranties only apply in the event that a Custom or New Saddle is defective in materials or workmanship, and such limited warranties extend only to the Customer who purchased the Custom or New Saddle directly from Borné. If a Custom or New Saddle is defective in materials or workmanship, Borné will repair such Custom or New Saddle at its expense up to one year from the date such saddle was purchased. Custom or New Saddles and/or Custom or New Saddle trees broken or damaged due to any of the following reasons are ineligible for repair: (a) post-purchase wear and tear; (b) atypical use of the saddle; (c) failure to properly maintain the saddle; (d) defective maintenance of the saddle; and (e) modification or repair by Customer or third parties (including saddle fitters and reflockers). Borné’s obligations pursuant to this limited warranty are conditioned upon Borné’s inspection and approval of Custom and New Saddles upon their return. If Borné determines, in its sole discretion, that any returned Custom or New Saddle is not in fact defective in materials or workmanship, Borné shall have no repair or replacement obligations whatsoever with regard to such saddle, notwithstanding Borné’s issuance of a written return authorization. In the event that a Custom or New Saddle tree is defective, the saddle must be shipped back to the Master Saddler in Scotland for replacement. Customer is responsible for all shipping costs to and from Scotland as well as labor to install the new tree. Warranties are not transferrable and do not apply to Used or Demonstration Saddle.