Terms and Conditions

This Site provides a range of information concerning products connected with the equine world and equine-related products and services and may contain inaccuracies or typographical errors. Horsehackers Limited make every effort to ensure that the products and services are of good quality and safe but will not accept any liablity for third party damage or loss.

It is the buyers/users prerogative to ensure the products and services found on horsehackers.com are suitable

Horsehackers Limited MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, COMPLETENESS AND ACCURACY OF THE INFORMATION CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION IS PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

The various products referenced in the Site are provided by third-party vendors pursuant to agreements between such vendors and the end users. Horsehackers Limited does not sell, resell or re-license any of the Products, and Horsehackers Limited disclaims all and any responsibility for or liability related to the Products. Any query, complaint or claims related to any Product should be directed to the appropriate vendor.

IN NO EVENT SHALL Horsehackers Limited BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB SITE EVEN IF horsehackers.com HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TERMS AND CONDITIONS

For proprietor read Horsehackers Limited

Web site

(a) Use of this site constitutes your acceptance of these terms and conditions which take effect at the time you first access the site.

(b) If you do not accept these terms and conditions you must not use this site.

(c) HORSEHACKERS LIMITED reserves the right to change these terms and conditions at any time by posting changes online. It is your responsibility to refer to these terms and conditions on accessing this site.

(d) Continued use of this site after such changes to the terms and conditions constitutes acceptance of those posted changes.

(e) HORSEHACKERS LIMITED reserves the right to make this site unavailable at any time or to restrict access to parts or the entire site without notice.

(f) You acknowledge that all intellectual property rights, including any trade marks or copyright in the content of this site, are owned by HORSEHACKERS LIMITED or its third party suppliers. Nothing contained herein shall be construed as granting any licence or right to use any of the intellectual property of HORSEHACKERS LIMITED except as otherwise provided on this site.

(g) Material may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial use, or in accordance with HORSEHACKERS LIMITED

(h) You agree to use this site only for lawful purposes and in a manner, which does not infringe the rights of, or restrict or inhibit the use of or enjoyment of this site by any third party.

(i) You accept that when you leave this site (whether knowingly or not) HORSEHACKERS LIMITED can no longer be responsible in any way for any material that you encounter and HORSEHACKERS LIMITED excludes (to the fullest extent permitted by law) any liability that may arise with respect to or as a result of such material causing any damage, costs, injury or financial loss of any kind.

(j) These terms and conditions are governed by and will be interpreted in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts.

(k) HORSEHACKERS LIMITED will not be liable for any claims, losses, including but not limited to indirect and consequential loss (including loss of profits), damages, costs, expenses whether in contract, negligence or other tortuous action arising out of or in connection with the use of this site.

(l) HORSEHACKERS LIMITED does not warrant that this site is free of viruses or bugs or that this site is compatible with all computer systems and browsers.

(m) This site includes links to other sites on the World Wide Web. HORSEHACKERS LIMITED makes no warranties as to the suitability or accuracy of the content of any of those sites.

(n) HORSEHACKERS LIMITED accepts no liability for any product or service advertised, supplied or otherwise promoted on this site by any third party.

(o) HORSEHACKERS LIMITED does not warrant that any of the goods or services linked to or advertised on this site comply with data protection or other relevant legislation and HORSEHACKERS LIMITED accepts no liability whatsoever for any claim arising from such goods or services.

(p) HORSEHACKERS LIMITED is happy to accept comments, stories or other submissions from its users. HORSEHACKERS LIMITED is under no obligation to publish any such material and such material shall be considered to be the property of HORSEHACKERS LIMITED. HORSEHACKERS LIMITED may dispose of such material at its discretion.

Advertising and Production

1.Price variation. Estimates are based on Horsehackers Limited current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs and sight of draft design elements

2.Tax Exempt In the case of a customer who is not contracting in the course of a business nor holding himself out as doing so, the designer reserves the right to charge the amount of any value added tax payable whether or not included on the estimate or invoice.

3.Preliminary work. All work carried out, whether experimentally or otherwise, at customer's request shall be charged at the quoted hourly rate. Web pages may be subject to preliminary work charged separately from the 'per page' rate

4.Copy. A charge may be made to cover any additional work involved where copy supplied is not clear and legible.

5.Proofs. Proofs of all work may be submitted for customer's approval and Horsehackers Limited shall incur no liability for any errors not corrected by the proofs necessitated thereby shall be charged extra. When style, type or layout is left to the Horsehackers Limited judgement, changes they're from made by the customer shall be charged extra.

6.Delivery and payment a) Delivery of work shall be accepted when tendered and there upon or, if earlier, on notification that the work has been completed the ownership shall pass and payment shall become due. b) Unless otherwise specified the price quoted is for delivery of the work to the customer's address as set out in the estimate. A charge may be made to cover any extra costs involved for delivery to a different address. c) Should expedited delivery be agreed an extra might be charged to cover any overtime or any other additional costs involved. d) Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days the designer shall be then entitled to payment for work already carried out, materials specially ordered and other additional costs including storage. If payment is not made within the specified terms at the bottom of the invoice the proprietor will exercise his right to claim a daily charge based on the overdraft usage fee of the National Westminster Bank PLC (UK) until either payment is completed and/or invoiced for the said charge.

7.Printed matter variations in quantity. Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5 per cent for work in one colour only and 10 per cent for other work being allowed for overs or storage (4 per cent and 8 per cent respectively for quantities exceeding 50,000) the same to be charged or deducted.

8.Claims Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Horsehackers Limited and the carrier within three clear days of delivery (or, in the case of non-delivery, within 28 days of despatch of the goods) and any claim in respect thereof must be made in writing to Horsehackers Limited and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of despatch). All other claims must be made in writing to Horsehackers Limited within 28 days of delivery. Horsehackers Limited shall not be liable in respect of any claim unless the aforementioned requirements have been compiled with except in any particular case where the customer proves that (1) was not possible to comply with the requirements and (2) advice (where required) was given and the claim made as soon as reasonably possible.

9.Liability Horsehackers Limited shall not be liable for any loss to the customer arising from delay in transit not caused by the Horsehackers Limited. Internet designs are completed and published at the risk of the client and the proprietor cannot be held responsible for third party costs incurred by the content of such designs. It is the clients responsibility to ensure the contents is in keeping with English laws inc. copyright, criminal law, patents, trademarks and any other authority legislation affected by the content of the web site. The editor reserves the right to terminate at any time a contract to design, print, publish any material felt to be in contradiction of any of these laws

10.Standing material a) Metal, film, glass, digital media and other materials owned by Horsehackers Limited and used by him/her in the production of type, plates, moulds, stereotypes, electrotypes, film-setting, negatives, positives and the like shall remain his/her exclusive property. Such items when supplied by the customer shall remain the customer's property. b) type may be distributed and lithographic, photogravure or other work effaced immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged.

11.Customer's property a) except in the case of a customer who is not contracting in the course of a business nor holding himself out as doing so, customer's property and all property supplied to Horsehackers Limited by or on behalf of the customer shall while it is in possession of the designer or in transit to or from the customer be deemed to be at customer's risk unless otherwise agreed and the customer should insure accordingly. b) Horsehackers Limited shall be entitled to make a reasonable charge for the storage of any customer's property left with the designer before receipt of the order or after notification to the customer of completion of the work.

12.Materials supplied by the customer a) Horsehackers Limited may reject any paper, plates, media storage, photographs or other materials supplied or specified by the customer who appears to him to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by Horsehackers Limited in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer. b) Where materials are so supplied or specified, the designer will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified. c) Quantities of materials supplied shall be adequate to cover normal spoilage.

13.Insolvency. If the customer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, Horsehackers Limited without prejudice to other remedies shall a) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to him, and b) in respect of all unpaid debts due from the customer have a general lien on all goods and property in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days notice to dispose of such goods or property in such manner and at such price as he thinks fit and to apply the proceeds towards such debts.

14.Illegal matter a) Horsehackers Limited shall not be required to publish any matter, which is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party. b) Horsehackers Limited shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material published for the customer. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim. (see section 8)

15.Periodical publications A contract for the printing of a periodical publication or internet display periodical may not be terminated by either party unless 13 weeks notice in writing is given in the case of periodicals produced monthly or more frequently or 26 weeks notice in writing or given in the case of other periodicals. Notice may be given at any time but wherever possible should be given after completion of work on any one issue. Nevertheless Horsehackers Limited may terminate any such contract forthwith should any sum due there under remain unpaid.

16.Force majeure. Horsehackers Limited shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to Horsehackers Limited elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

17.Law. These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.