Terms of service

CANYON ADVENTURE VANS TERMS AND CONDITIONS

ACCEPTANCE OF ALL TERMS AND CONDITIONS

By purchasing and/or otherwise obtaining products and/or services from Canyon Adventure Vans (referred to as “CAV”), Customer, the customer, buyer, and/or consumer (referred to as “You”, “Customer”, “Buyer” and/or “Purchaser”) agree to each and all of these stated terms and conditions (referred to in this agreement as “T&Cs”).  If Customer does not agree to any or all of the T&Cs, please so immediately notify CAV (if possible, before CAV provides its products and/or services to Customer). Unless expressly agreed otherwise in writing, these T&C apply to ALL transfers, provisions, transactions, and sales of CAV products, accessories, components, and/or parts (collectively referred to as CAV’s Products), and also apply to ALL CAV services provided to Customer, including vehicle modifications, product installation, maintenance, and repair services (collectively referred to as “CAV Services”).  CAV Products and CAV Services may be collectively referred to at times as “CAV Products and Services”. These T&Cs contain important contractual terms, safety information, safety disclosures, rights limitations, rights waivers, disclaimers, warranty information, and warranty exclusions, all of which have potentially significant effects on Customer and Customer’s rights.  IT IS THEREFORE VERY IMPORTANT THAT CUSTOMER READ ALL THE T&Cs.  By agreeing to provide Customer with CAV’s Products and Services, CAV believes that Customer has read, understood, and agreed to all the T&Cs, and by obtaining CAV Products and Services, Customer agree to all of these T&Cs.

SALES, DELIVERY, AND RETURNS

Invoice for CAV Products and Services: Customer and CAV will agree to the particular CAV Products and Services for which Customer agrees pay, and CAV will provide Customer with a purchase order (“PO”) and/or invoice setting forth: the costs; taxes; prices; sales terms; and terms of delivery.  The CAV PO and/or invoice will identify the CAV Products and Services ordered, anticipated delivery date(s), and any export/import information required to enable CAV to fill the order.  The anticipated delivery date is estimated and may be reasonably adjusted by CAV, in CAV’s sole discretion without prior notice or approval of Customer.  CAV may, in its sole discretion, include other terms and conditions applicable to the sale.  The PO and/or invoice will generally contain terms consistent with these T&Cs, but in the event of any inconsistency between the expressly stated terms of the invoice and these T&Cs, the express terms of the invoice shall govern. Lawful Manufacture, Sale and Delivery.  CAV’s agreement to provide Customer with CAV Products and Services shall be subject to and conditioned upon CAV’s lawful right and commercially reasonable ability (determined in CAV’s sole discretion) to make, sell, ship, and/or provide such products and services, including doing so without violating any laws, statutes, treaties, regulations or third party rights, obtaining any necessary licenses, permits and/or intellectual property rights. CAV reserves the right to change product design without notice. In situations in which outside vendors have changed a product design, CAV shall have no obligation to upgrade or otherwise modify previously manufactured products.

Customer Payment:  All amounts payable by Customer to CAV are due as of the sales date, unless expressly agreed otherwise in writings.  Amounts shall be considered paid as of the day on which the funds are received by CAV.  No part of any amount payable to CAV may be reduced due to any counterclaim, set-off, adjustment or other right which Customer might claim or have against CAV or any other party.  All amounts due and owing to CAV but not paid for any reason by Customer by the due date shall bear interest in U.S. Dollars at the rate of the greater of: (i) one per cent (1%) per annum above the then applicable United States prime interest rate; or (ii) the maximum lawful interest rate permitted under the applicable law of California.

Order Cancellation:  If before the CAV Products and Services are provided or shipped Customer decides to cancel the order due to unforeseen circumstances, please contact CAV’s office immediately for a potential refund consistent with these T&Cs.  Such order cancellation decisions will be made by CAV in CAV’s sole discretion on a case-by-case basis.  CUSTOM ORDERS AND CUSTOM PRODUCTS, HOWEVER, CAN NEVER BE CANCELED AFTER THEY ARE ORDERED. Shipping and Delivery of CAV Products CAV takes pride in its shipping containers, and CAV takes added measures and expense to ensure orders are received in good condition. Claims for any errors in shipment must be made upon receipt of the merchandise.  CAV will deny any claims for errors in shipment not made within 3 business days of receipt of the shipment. Shipping Issues & Damages: All order discrepancies, such as concealed shortages found within a sealed shipment and/or damage from shipping must be submitted in writing to customer service within 30 days of receipt of the shipment.  Send all such writings to Customer Service at office@canyonadventurevans.com.  Also include photos and/or videos along with explanation of the shipping and/or delivery issue.  Once shipped, orders may not be re-routed.   Customer is responsible for any  shipping/handling fees if items are returned to CAV. Product Returns: 30 Day Product Returns:   CAV offers a 30-day return policy for CAV Products which have been delivered to Customer, and which were not custom products or part of a custom order.  ALL CUSTOM PRODUCTS AND CUSTOM ORDERS ARE NON-CANCELABLE, NON-RETURNABLE, AND-REFUNDABLE.  The 30 day return policy for CAV Products does not apply to CAV Services for which payment is non-refundable (except only for allowable warranty claims, addressed below). If for any reason Customer is unhappy with a CAV Product (including without limitation that the product does not conform to what Customer believed Customer were purchasing), then within 30 days of the delivery of the CAV Product(s), please call CAV at 747-202-0354, or send CAV an email to office@canyonadventurevans.com, with Customer’s return request.   CAV reserves the right in its sole discretion to decline any return request made after 30 days from product delivery. To be accepted for return, all returned CAV Products must be returned in its original packaging and in a condition which is still new and unused. Once CAV receives Customer’s properly returned CAV Product(s), CAV will refund the sales price, less any original shipment and return shipment costs, in a manner described in these T&Cs (below). Shipment of Returns:  If CAV tentatively approves a return, CAV will provide Customer with shipment return instructions and send Customer a return label to ship the product back to CAV.  Customer is responsible for the shipping fees for the product return.   If Customer chooses to manage shipments of returned product using Customer’s own shipping accounts and/or carriers, then CAV is not responsible for and will not pay for any damaged or lost shipments.  Customer must notify CAV of Customer’s shipping preferences/method at time Customer makes the return claim. Refunds for Returns: For all properly returned products, CAV will issue Customer a refund for the product gross sales price less: (1) the original product shipping costs; (2) shipping costs paid by CAV to return the product (if any); (3) credit card transaction fees (which are non-refundable and are typically 2.9% of the total transaction); and (4) for returns requested outside the 30-day return period but allowed in CAV’s sole discretion, less a restocking fee equal to 20% of the original product sales price.  Returns requested within 30 days of delivery and allowed by CAV will not be subject to any restocking fee. Upon receipt of the approved return, CAV will review and confirm valid return claims and either issue credit or replace part shortages at CAV’s sole discretion.

WARNINGS. DISCLOSURES, AND SAFETY ISSUES

In General: It is very important that Customer read, understand, and follow all the warnings and disclosures in this section of the T&Cs.  FAILURE TO FOLLOW THE INSTRUCTIONS, WARNINGS, AND/OR DISCLOSURES DESCRIBED BELOW MAY RESULT IN DAMAGE, INJURY, SERIOUS INJURY, AND/OR DEATH TO CUSTOMER AND/OR OTHERS.

Potential Changes to Existing Vehicle Factory Equipment

Some CAV Products and CAV Services may necessarily include the removal, relocation, modification, and/or alteration of Customer’s vehicle and its factory installed equipment, components, parts, and/or systems, including without limitation potentially important electronic sensors, air bag systems, safety equipment, and/or safety systems (collectively referred to as “Vehicle Factory Equipment”).  Additionally, some CAV Products and Services may reduce visibility through mirrors and/or windows while the vehicle is in operation. 

Safety Considerations:  CAV does not perform any testing or specific evaluation as to the potential effects of removing, relocating, modifying, and/or altering such Vehicle Factory Equipment, or as to CAV’s after market parts and/or components used in CAV Products.  As such, CAV cannot possibly predict how the changes Customer is requesting from CAV might effect the function of Customer’s vehicle or the Vehicle Factory Equipment, including important safety systems, components and functions.  The Vehicle Factory Equipment is important as to the vehicle’s operation, including as to the vehicle’s safe operation and crashworthiness.

Vehicle Warranty Considerations: Additionally, some CAV Products and Services which result in removal, relocation, modification, and/or alteration of Vehicle Factory Equipment may also result in loss of guaranties, warranties, and/or service agreement rights applicable to Customer’s vehicle (if any), including as potentially provided by the vehicle manufacturer, original equipment manufacturer (“OEM”), distributor, dealer, and/or third party provider. CAV has no knowledge and can and will provide Customer with no information concerning Customer’s vehicle or OEM parts warranty status or terms.

CAV PRODUCTS AND SERVICES WHICH CUSTOMER IS REQUESTING FROM CAV MAY RESULT IN: (1) DETRIMENTAL EFFECTS ON VEHICLE SAFETY OPERATIONS AND EQUIPMENT; AND (2) THE LOSS OF VEHICLE, COMPONENT, AND/OR PART WARRANTIES, GUARANTIES, AND/OR SERVICE AGREEMENT RIGHTS.  CUSTOMER AGREES THAT CUSTOMER (AND NOT CAV) IS SOLELY RESPONSIBLE TO DETERMINE, UNDERSTAND, EVALUATE, AND CONSIDER THOSE POTENTIAL ADVERSE EFFECTS.  CAV MAKES NO REPRESENTATIONS, PROMISES, OR GUARANTIES TO CUSTOMER IN THAT REGARD WHICH CAV EXPRESSLY DISCLAIMS.  BY ORDERING CAV PRODUCTS AND SERVICES, CUSTOMER UNDERSTANDS AND EXPRESSLY ASSUMES THESE RISKS.

Safety Warnings and Disclosures as to CAV Products in Particular:

CAV Products and Services each have a particular, specific intended use, and CAV Products are NOT designed or approved for any other uses.  CAV Products and Services are NOT intended for use: for passenger transport; as safety equipment; or to secure drivers or passengers during transportation.  CAV Products and Services are NOT designed or approved for such uses, including not being approved for by the Department of Transportation for any safety purpose.  CAV does not test or evaluate any CAV Products or Services for crashworthiness. UNDER NO CIRCUMSTANCES SHOULD CAV PRODUCTS BE USED FOR PURPOSES OTHER THAN THE SPECIFIED INTENDED USE, OR EVER BE USED FOR PASSENGER TRANSPORTATION OR SAFETY PURPOSES.

To be safe and effective, CAV Products must be properly installed and maintained and must not be altered.  CAV requires that all CAV Products be provided and installed by (and when applicable repaired, modified, and/or maintained by) only CAV or one of CAV’s authorized dealers or service providers.  Failure to properly install, repair, or maintain any CAV Product, or altering a CAV Product, may create a safety risk and eliminate any and all CAV warranties (see below).

Some CAV Products and Services may come with more specific safety warnings, use instructions, maintenance instructions, recommendations, and/or disclosures, and Customer should carefully read and understand all of those.  If Customer has any questions or concerns about those, immediately contact CAV for additional information.

CUSTOMER ASSUMES ALL RISK AND LIABILITY FOR THE CHANGES TO CUSTOMER’S VEHICLE AS REQUESTED OF CAV. IT IS CUSTOMER’S RESPONSIBILITY TO INFORM ALL VEHICLE OCCUPANTS AND USERS OF THE CHANGES MADE WHICH EFFECT THE SAFETY SYSTEMS (IF ANY). CUSTOMER ALSO ASSUMES ALL RISKS AND LIABILITY FOR INJURIES AND/OR DAMAGES CAUSED BY CUSTOMER’S VEHICLE USE IN ANY POTENTIAL COLLISION OR VEHICLE ACCIDENT.  ALL LIABILITY FOR THE FUNCTIONALITY OF THE SAFETY SYSTEM FOR CUSTOMER’S VEHICLE SHALL IN ALL INSTANCES REMAIN SOLELY WITH CUSTOMER, AND CUSTOMER HEREBY EXPRESSLY WAIVES ANY LIABILITY CLAIMS AGAINST CAV IN THAT REGARD. IT IS ALSO CUSTOMER’S RESPONSIBILITY TO COMPLY WITH ALL LOCAL, STATE AND FEDERAL LAWS OR REGULATIONS REGARDING MAKING CHANGES TO THE SAFETY EQUIPMENT OF CUSTOMER’S VEHICLE. CUSTOMER UNDERSTAND THAT ANY MODIFICATION SERVICES TO THE SAFETY EQUIPMENT OF A VEHICLE ARE PERFORMED AT CUSTOMER’S SOLE RISK.  IF CUSTOMER DOES NOT AGREE WITH ANY OF THE FOREGOING STATEMENTS, THEN CAVE WILL NOT PROVIDE CAV PRODUCTS AND SERVICES TO CUSTOMER.

ADDITIONAL LIABILITY WAIVERS AND DAMAGE LIMITATIONS

Due to the relative risks and benefits in this transaction between Customer and CAV which Customer acknowledges and recognizes, CUSTOMER UNDERSTANDS AND AGREES THAT CAV’S LIABILITY TOWARD CUSTOMER FOR ANY DAMAGE CLAIM CUSTOMER MAY HAVE AGAINST CAV RELATED TO THE CAV PRODUCTS AND SERVICES THAT ARE THE SUBJECT OF THIS TRANSACTION IS LIMITED TO THE TOTAL AMOUNT PAID BY CUSTOMER TO CAV IN THIS TRANSACTION (WHETHER OR NOT THOSE DAMAGES ARE FOR BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, AND/OR CAV’S NEGLIGENCE, AND INCLUDING WITHOUT LIMITATION ANY CLAIM THAT CAV PRODUCTS AND SERVICES ADVERSELY EFFECTED THE VEHICLE SAFETY SYSTEMS OR COMPONENTS, OR ADVERSELY EFFECTED THE WARRANTIES, GUARANTIES, AND/OR SERVICE AGREEMENT RIGHTS APPLICABLE TO THE CUSTOMER’S VEHICLE).  AS SUCH, CUSTOMER EXPRESS WAIVES ANY SUCH CLAIM RIGHTS, AND CAV WILL NOT BE LIABLE TO CUSTOMER BEYOND THE LIMITED DAMAGE AMOUNT SPECIFIED ABOVE, INCLUDING FOR ANY GREATER EXTENT OF CONSEQUENTIAL, INCIDENTAL, INDIRECT, LOST REVENUES, LOST PROFITS, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.

This damage limitation and liability waiver does not limit CAV’s potential liability toward Customer for any damages caused by CAV’s gross negligence or willful misconduct, or for liability for damages allegedly due to CAV’s fraudulent misrepresentations or express violations of California law.

LIMITED WARRANTIES, EXCLUSIONS. AND WARRANTY CLAIMS

Limited Warranties, Warranty Periods, and General Terms:

Subject to the limitations below, CAV provides Customer as to all new CAV Products a limited warranty against defects in CAV’s workmanship and materials for the following warranty time frames (the “Warranty Period”):

Storage systems and storage system components are warranted by CAV against defects in CAV’s workmanship and materials for 36 months from the date of purchase.

Accessories and soft goods are warranted by CAV against defects in CAV workmanship and materials for 90 calendar days from the date of purchase.

CAV provides no other warranties for any other products, components, or parts, other than as expressly described above, including providing no warranty for any used products or electronic components or appliances. 

CAV refers Customer to the potential original manufacturer’s warrantee for such other products, components, and/or parts. CAV provides this limited warranty to Customer only, the original purchasing customer. 

CAV’s limited warranty is not transferable under any circumstances, whether upon the sale, trade, gifting, or assignment of the CAV Product and/or the vehicle. Any such transfer will void the warranty upon transfer.

No employee, agent, dealer or other person is authorized to give any warranties on behalf of CAV, modify any CAV warranties, or assume any other liability for CAV in connection with any of CAV Products and Services, unless expressly agreed otherwise in writing by CAV’s management.

Warranty Limitations and Exclusions:  

CAV expressly excludes all warranties, express or implied, as to any CAV Product which has: (1) not been properly installed; (2) been installed, modified, altered or repaired by third parties other than CAV or an authorized CAV Product dealer or service provider; (3) been mis-used, abused, neglected, or used in a manner inconsistent with its design and intended purpose; (4) been modified, tampered with, or damaged, including damage incurred during or after delivery and/or installation; (5) not been properly maintained (which includes without limitation failure to ensure proper storage, and product deterioration or damage caused by improper chemicals, wash solutions, pressurized application of water or wash solutions, or wear caused by abrasive materials); (6) been damaged from normal wear and tear; (7) collateral or additional damage to CAV Products caused by the continued use of a CAV Product after a suspected problem becomes known; and/or (8) been modified or altered in any way (whether by Customer or by a third party), including without limitation by any holes drilled or cut into the product other than those provided by CAV.  All warranties in any such circumstances are expressly excluded, null, and void.

CAV expressly excludes all warranties, express or implied, as to any CAV Services which were performed without authorization.

Customer must always contact CAV and/or an authorized CAV Dealer for CAV Product repairs, installation, service, maintenance, or warranty consideration.  If CAV is not consulted in advance, service work, installations, repairs, and warranty claims that are not completed by CAV and/or an authorized CAV Dealer or service provider will void CAV’s limited warranties.  Shops that are not part of the CAV Dealer or servicing network generally do not cover CAV Products or related product warranties. If Customer are traveling and must take the vehicle and/or CAV Product to a shop for repairs, contact us immediately so we can obtain contact information for that shop and arrange warranty coverage if and where possible.

Warranty Limitations – All warranties are immediately rendered null and void if the vehicle is, including the vehicle’s owner. (NOTE:  For example…. UDSS INSTALLATION AND STORAGE FOR TRANSIT)

Warranty Claims:

Warrantable product defects can in most cases be addressed at no additional cost to Customer. If Customer experiences a CAV Product which is covered by the terms of CAV’s limited warranty without any applicable exclusions, disclaimers or limitations (referred to as a “Warrantable Product Defect”), Customer should discontinue the use of that product until the warranty claim is addressed.  CAV’s limited warranties will not cover collateral or additional damage caused by continued driving or use of a CAV Product with a suspected problem.

Within 14 calendar days of Customer’s learning of the potential Warrantable Product Defect, and in no event later than the Warranty Period, Customer must submit the warranty claim in writing to a CAV customer service representative via email to: office@canyonadventurevans.com.  The following information will be required to create a warranty claim: (1) Name, Address, Phone, Email, and Order #; (2) Reason for the return (Detailed mode of failure or error); (3) Application information (If pertinent); (4) Time in service (If pertinent); (5) Quantity and part number of the material being returned or considered for warranty; and (6) Any other pertinent information as needed or reasonably requested by CAV.

Product Return for Further Warranty Consideration:

Customer must bring a written warranty claim to CAV and receive instructions from CAV for return of the product before returning the product to CAV, dealer, or retailer.  Otherwise, the product will be returned to Customer via freight collect, and CAV will not pay for the return shipping charges.

After initial consideration of Customer’s warranty claim, CAV may in its discretion ask Customer to return the product with the claimed Warrantable Product Defect to CAV.  In that event, CAV will provide Customer with shipment return instructions.  CAV may require Customer to deliver the product for this purpose to its designated service center or manufacturing facility.  Customer shall pay all charges for in-bound and out-bound transportation of the product, and for services of any kind, diagnostic or otherwise, excepting only direct and actual costs of apparatus repair or replacement as provided above. 

After receiving the CAV Product with the claimed Warrantable Product Defect, CAV then has a reasonable time and opportunity to perform appropriate examination, inspections, investigations and/or tests to evaluate and decide the warranty claim.

If the CAV Product is found to have a Warrantable Product Defect, CAV will, at its option, either: (1) repair the product and return it to Customer; or (2) supply Customer with a product replacement.  CAV’S LIMITED WARRANTY REMEDY IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE CAV PRODUCT, DESCRIBED ABOVE, AND IN NO CIRCUMSTANCES WILL CAV BE RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES DUE TO THE WARRANTABLE PRODUCT DEFECT, INCLUDING WITHOUT LIMITATION ANY POTENTIAL COSTS FOR REMOVAL, RE-INSTALLATION, DOWNTIME, LOSS OF USE, ETC …

THE ABOVE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE), OR FOR PERFORMANCE CHARACTERISTICS OR APPLICATION WARRANTIES.   ALL OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED.  CAV, ITS EMPLOYEES, AND AFFILIATES MAKE NO WARRANTY THAT THE USE OF ITS PRODUCTS OR PARTS GUARANTEES PERSONAL SAFETY OR FREEDOM FROM PHYSICAL INJURY OR OPERATES AS A SAFETY DEVICE. CAV DISCLAIMS ALL LIABILITY FOR ANY SPECIAL, DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE LOSS OF LIFE OR DAMAGES DUE TO BODILY OR PERSONAL INJURY.

CUSTOMER INDEMNIFICATION OF CAV:  Customer hereby agrees to indemnify, defend and hold harmless CAV, its affiliates and all officers, directors, employees and agents thereof from all liabilities, claims, damages, losses, costs, expenses, demands, suits and actions (including without limitation attorneys’ fees, expenses and settlement costs) (collectively Claim Damages) arising out of or related to: (1) Customer’s misuse, alteration, or modification of a CAV Product; (b) Customer’s improper installation of CAV Products; ( c) any defect in a CAV Product created by Customer; and (d) Customer’s violation of these T&Cs.

APPLICABLE LAW AND VENUE IN THE EVENT OF A DISPUTE:  This Agreement shall in all respects be construed and interpreted in accordance with the laws of the State of California, USA, excluding its conflicts of laws rules, and the Parties agree that the jurisdiction and venue for any litigation concerning or growing out of this Agreement shall be in Los Angeles County.