Purchase Agreement. You agree to purchase the Kayak(s) and any accessories from TRAK Outdoors Ltd. or its authorized agent, affiliate, or other similar representative (“TRAK”, “we,” “us” or “our”), pursuant to the terms and conditions set out in this Agreement.
Documentation. Your Kayak Purchase Agreement (the “Agreement”) is made up of the following documents:
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.
Delivery. We will notify you of 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 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.
30 Day Return/Refund Policy. You may return the Kayak(s) and any accessories for a refund within Thirty (30) days of the Delivery Date. You are responsible to pay for the return shipping cost and the shipping waybill must be dated on or before the 30th day from the Delivery Date (the “Return Date”) to qualify for a refund. Upon receipt, we will examine the Kayak(s) for cleanliness, damage and wear & tear. We reserve the right to deduct such amount from the Order Payment that we determine is necessary to restore the Kayak(s) for resale in “like new” condition. We will refund your Order Payment, less any deduction for damage and payment processing fees, within Thirty (30) days of the Return Date.
Default. You acknowledge and agree that you will not assert any right to cancel your purchase or obtain a refund AFTER the Thirty (30) day anniversary of the Delivery Date.
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 us if you have any concerns with this sale:
North American (Toll Free) 1-888-355-2925 Ext. 1
International: 001-403-723-0077 Ext. 1
DOWNLOAD a PDF of this Agreement for printing, please CLICK HERE