If there is hidden damage, photograph and document the problem and notify the Carrier. IES is not responsible for damaged or missing freight after it leaves the warehouse of origin. In the event of a delay beyond the control of IES, time performance will be extended by the length of any such delay. Any claims arising from the manufacturing or design defects, use or misuse of Merchandise describe herein shall be asserted against the manufacturer and in no event shall exceed the actual cost of the merchandise. Purchaser must use Merchandise according to manufacturer instructions and notify IES of any claims for damage or defect of merchandise within 30 days of receipt.
Horse back riding, horse and horse related activities are inherently dangerous activities.
The waiver by IES of any term or condition of this Agreement shall not be a waiver of any other term or condition. Any such waiver shall not be deemed a waiver of any subsequent breach of the same term or condition in any subsequent agreement. The prevailing party in any action to enforce any of the terms of this Agreement shall in addition to any other rights or judgments be entitled to recover its attorneys fees and court costs. The parties agree that venue for any lawsuit or claim herein shall be in the Superior or Municipal Courts of Sonoma County, California.