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1. Scope and Acceptance

  • These Terms and Conditions govern all sales, manufacturing, and export of equestrian goods (including horse rugs, neck covers, halters, harness sets, bridles, and browbands) by EMPARACY EQUESTRIAN ("Seller") to any buyer ("Buyer").

  • Placement of an order, issuance of a Purchase Order (PO), or signing of a Proforma Invoice (PI) constitutes irrevocable acceptance of these terms by the Buyer. Any conflicting terms proposed by the Buyer are explicitly rejected.

2. Pricing, Quotations, and Currency Fluctuations

  • All quotations are valid for 30 days from issuance unless otherwise specified in writing.

  • Prices are quoted based on the agreed Incoterms (e.g., FOB, CIF, EXW) and are exclusive of all export taxes, duties, and levies unless stated otherwise.

  • Financial Protection Clause: If currency exchange rates fluctuate by more than 5% between the date of the Proforma Invoice and the final dispatch, or if raw material costs (leather, fabric, hardware) surge significantly, EMPARACY EQUESTRIAN reserves the right to adjust prices proportionally upon written notice to the Buyer.

3. Payment Terms and Financial Security

  • Production will never commence until the agreed advance payment (typically 50% to 100% via Wire Transfer / T.T.) reflects in the Seller’s official bank account.

  • Balance payments must be cleared strictly as per the terms of the PI (e.g., balance against scanned copy of Bill of Lading, or 100% Letter of Credit from a prime international bank).

  • Late Payment Penalty: Any delayed payments will attract interest at the rate of 1.5% per month (or the maximum permitted by law) from the due date until full realization.

  • Title Retention (ROM - Retention of Title): Ownership and legal title of all goods remain strictly with EMPARACY EQUESTRIAN until the Buyer has made 100% full payment for the goods and shipping costs. Until then, the Seller retains the right to repossess unpaid goods.

4. Production, Variations, and Approvals

  • All items are handcrafted or machine-finished using natural materials (leather, textiles). Minor variations in color shades, leather grain, dimensions (+/- 5%), and stitching style are normal and do not constitute non-conformity.

  • If custom samples are required, sample development and courier costs must be borne entirely by the Buyer.

5. Shipping, Risk Allocation, and Incoterms

  • Risk of loss or damage to the goods passes entirely to the Buyer strictly according to the agreed Incoterms (e.g., under FOB, risk passes the moment goods cross the ship’s rail).

  • EMPARACY EQUESTRIAN is not financially or legally liable for any transit delays, container shortages, port congestion, custom holds at destination, carrier damages, or demurrage/detention charges.

6. Limitation of Liability and Indemnity

  • Maximum Liability Cap: In any legal or financial dispute, the maximum total liability of EMPARACY EQUESTRIAN shall under no circumstances exceed the total invoice value actually received by us for that specific order. We are strictly not liable for any indirect, consequential, or loss-of-profit damages.

  • The Buyer agrees to indemnify and hold harmless EMPARACY EQUESTRIAN against any third-party claims, import penalties, or legal fees arising from the use, resale, or distribution of the products in the destination country.

7. Claims, Defects, and Shortages

  • Any claims regarding short shipments, visible defects, or discrepancies must be notified to the Seller in writing within 5 days of cargo arrival at the destination port, backed by official inspection reports, unboxing videos, and port surveyor notes. Failure to do so waives all claims.

  • Goods once exported and accepted cannot be returned for cash refunds. Approved claims will be adjusted strictly via credit note for future orders.

8. Force Majeure

  • EMPARACY EQUESTRIAN shall not be held liable or financially penalized for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to acts of God, war, strikes, government export bans, pandemic restrictions, cyberattacks, or severe raw material shortages.

9. Governing Law, Jurisdiction, and Dispute Resolution

  • These terms shall be governed by and construed under the laws of India.

  • Any dispute, controversy, or claim arising out of or relating to this contract shall be subject to the exclusive jurisdiction of the courts located in our home city/state (India). The Seller reserves the right to initiate legal action in the Buyer’s local jurisdiction for debt recovery if necessary.