Pre-Purchase Agreement. You agree to purchase the Kayak(s) from TRAK Outdoors Ltd. (“TRAK”, “we”, or “our”), pursuant to the terms and conditions set out in this Agreement.
Documentation. Your Kayak Pre-Purchase Agreement (the “Agreement”) is made up of the following documents:
Estimated Delivery: Due to the nature of TRAK’s pre-selling campaign, you acknowledge and agree that your Kayak Order is estimated to ship up to Twelve (12) months from the date of the Kayak Order.
Terms & Conditions: The “Terms & Conditions” set out in this Kayak Pre-Purchase Agreement are effective as of the date you place your Kayak Order and pay your Deposit or Payment in Full (the “Order Date”).
Ninety Day Cancellation: You may cancel your Kayak Order up to Ninety (90) days from the Order Date (the “Cancellation Date”) by providing TRAK with a cancellation notice. Your cancellation notice must (i) be in writing; (ii) reference the Kayak Order; and (iii) be received by TRAK prior to the Cancellation Date.
Taxes and Official Fees. This purchase price does not include all applicable taxes and official or government fees. Because these taxes and fees are constantly changing and will depend on a variety of other factors, such as where you want the Kayak(s) delivered, they will be calculated closer to the time of delivery and indicated on your Order Payment. You will be responsible for paying these additional costs, directly.
Delivery. We will notify you when we expect your Kayak(s) to be ready for delivery at your stated delivery location, or other location as we may agree to (the “Delivery Date”). You acknowledge and agree to schedule and accept delivery of your Kayak(s) or arrange for the acceptance of your Kayak(s) on the Delivery Date. The estimated Delivery Date of your Kayak(s) indicated in this Agreement is an estimate only and is not a guarantee of when your Kayak(s) will actually be delivered. If, on your behalf, we are coordinating the shipping of the Kayak(s) to you via a third party common carrier, you agree that delivery of the Kayak(s), including the transfer of title and risk of loss, will occur at the time your Kayak(s) is loaded onto the common carrier’s transport (i.e., FOB shipping point). The carrier will insure your Kayak(s) while in transit and you will be the beneficiary of any claims for damage to the Kayak(s) or losses occurring while the Kayak(s) is in the possession of a common carrier. To secure your final payment and performance under the terms of this Agreement, we will retain a security interest in the Kayak(s) and all proceeds therefrom until your obligations have been fulfilled.
No Return/Refund. Other than the provision under Ninety Day Cancellation, you acknowledge and agree that you will not assert any right to cancel your purchase or obtain a refund AFTER the Deposit or Payment has been completed.
Limitation of Liability. We are not liable for any incidental, special or consequential damages arising out of this Agreement. In the event we are held liable for any damages to you, your sole and exclusive remedy will be limited to reimbursement of your Order Payment.
No Resellers; Discontinuation. TRAK and its authorized agent, affiliate, or other similar representative sell Kayak(s) directly to end-consumers, and we may unilaterally cancel any order that we believe has been made with a view toward resale of the Kayak(s) or that has otherwise been made in bad faith. We may also cancel your order and refund your payment if we discontinue a product, feature or option after the time you place your order.
Governing Law; Integration; Assignment. The terms of this Agreement are governed by, and to be interpreted according to, the laws of the Province of Alberta, Canada and the Alberta courts shall determine all matters arising from this Agreement. Prior agreements, oral statements, negotiations, communications or representations about the Kayak(s) sold under this Agreement are superseded by this Agreement. Terms relating to the purchase not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities.
Please contact our customer service agents if you have any concerns with this sale:
North American (Toll Free) 1-888-355-2925 Ext. 1
International: 001-250-824-8725 Ext. 1