Footing Installation Disclaimer
Premier Equestrian offers footing amendments and we can recommend a footing solution that will work for you and your budget, enabling you to have a great footing for a fraction of the cost of competing products or arena builders. However, choosing the correct sand and particle size is your responsibility and results may vary depending on what is available in your area and the quality of your installation. Premier Equestrian is not responsible or liable for your installation.
PREMIER EQUESTRIAN DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO ANY SERVICE OR PRODUCT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR REPRESENTATIONS CONCERNING MERCHANT ABILITY.
Terms and Conditions
Premier Equestrian, Inc. (“Premier Equestrian”) provides recommendations for a footing solution to fit you and your budget solely for your convenience. Any recommendation made by Premier Equestrian is governed by the following Terms and Conditions. You hereby unconditionally consent and agree to follow these Terms and Conditions and to be bound by them. In accepting these Terms and Conditions, you certify that you are 18 years of age or older or that if you are at least 14 years old you are using this Website solely under the supervision of a parent or legal guardian who by such use gives their consent to be bound by these Terms and Conditions. Premier Equestrian’s goal is to provide our customers with great footing for a fraction of the cost of competing products or arena builders. However, the selection of the correct sand and particle size is solely your responsibility and results may vary depending on what is available in your area and the manufacturer of the sand. The quality of your installation also will affect the viability of any recommendation made by Premier Equestrian. Accordingly, Premier Equestrian is not responsible or liable for the selection of the correct sand or the installation of the footing solution.
Disclaimers
FOOTING SOLUTION RECOMMENDATIONS ARE PROVIDED BY PREMIER EQUESTRIAN ON AN “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED; TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, PREMIER EQUESTRIAN DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PREMIER EQUESTRIAN DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY FOOTING SOLUTION RECOMMENDATIONS OFFERED BY PREMIER EQUESTRIAN. YOU ACKNOWLEDGE, BY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS, THAT YOUR USE OF ANY FOOTING SOLUTION RECOMMENDATION IS AT YOUR SOLE RISK AND THAT PREMIER EQUESTRIAN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY FOOTING SOLUTION RECOMMENDATION. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF ANY FOOTING ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES, OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL PREMIER EQUESTRIAN, OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES, WHETHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INSTALLATION OF FOOTING. PREMIER EQUESTRIAN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PURCHASE OR USE OF PRODUCTS OFFERED FOR SALE ON THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. SOME STATES MAY LIMIT THE ABILITY OF VENDORS TO DISCLAIM IMPLIED WARRANTIES; THEREFORE THE LANGUAGE OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
THIS COMPREHENSIVE LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PREMIER EQUESTRIAN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF PREMIER EQUESTRIAN UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
These Terms and Conditions shall be governed by and construed under Utah law without regard to conflicts of law provisions. You further agree that any action or proceeding arising out of or related to any footing solution recommendation, or these Terms and Conditions shall be brought in the state or federal courts of Utah and you hereby consent to the exclusive personal jurisdiction of such courts.
These Terms and Conditions represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms and Conditions are for reference purposes only and in no way define or limit the scope of the section.
Return Policy
Footing: Installed footing is non-returnable. Footing bales on pallets are subject to discretion. Please contact us at 800-611-6109.
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