Privacy, Warranty, Legal

Privacy:

Personal Information

American Boat Gear, Inc. takes your privacy seriously. American Boat Gear, Inc. does not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide products or services you've requested. American Boat Gear, Inc. does not collect or store critical information such as Social Security Numbers, Date of Birth or Credit Card Numbers. American Boat Gear, Inc. uses all reasonable methods to insure the privacy and security of the data collected to ship your product.

Non-Personal Information

American Boat Gear, Inc. collects some non-personal information to fulfill your order, such as boat model, colors, fabric, etc. American Boat Gear, Inc. does not rent, sell, or share non-personal information about you with other people or non-affiliated companies except to provide products or services you've requested. American Boat Gear, Inc. uses all reasonable methods to insure the privacy and security of the data collected to ship your product.

American Boat Gear, Inc. Sales Agreement

American Boat Gear, Inc. (ABG) is pleased to provide quality marine products. By purchasing a product from ABG, you (“Buyer”) agreed to this agreement (“Agreement”), as specifically stated in your sales order (“Order”):

Application: ABG products are designed to be safe when properly installed according to the installation processes shown in our videos, available here: https://www.youtube.com/channel/UCSBmcVA32Pb3J5uwv_kq5rg/videos and when installed in an appropriate, ABG approved application. The Buyer understands that it is the Buyer’s responsibility to install this product themselves, in accordance with the installation instructions provided by ABG. ABG is not responsible for travel, installation costs, damages to property or other costs incurred by the Buyer or through installation or usage of the product. ABG cannot be responsible for damage orinjuries caused by improper or inappropriate installation. Buyer takes full responsibility for their boat, existing top frame, etc. as well as the proper installation and operation of the product for the life of the boat and product after installation.

Availability and Cancellation:

Since products are made-to-order in customer-specific colors, shapes and sizes, we cannot allow cancellations once the order is entered into our production queue. Cancellations are subject to a $25 cancellation fee, and a Partial Refund issued for the Item or entire Order via the same payment method used by the Buyer to make payment.

Delivery, Shipping and Handling:

ABG will ship complete Orders within the time period specified, based on material availability and existing backlog. ABG will ship using the shipper and shipping method of its choice. ABG will only ship using the shipper’s insurance to avoid any damage issues. All items are shipped in new, excellent working condition, as reflected by the shipper’s acceptance of the item for shipping. If any damage is noted upon receipt of the product(s), you may elect not to receive the product from the Shipping Company and

instead request repairs/replacement for your damage directly from the Shipping Company. If you receive a damaged item, you must notify the Shipping Company directly, as well as ABG for tracking purposes. Damage in shipping is not ABG responsibility, and items damaged in shipping which are sent back to ABG will NOT be accepted, but will be returned by the shipper to you at your expense.

Return Policy:

“Canvas” No-Return Policy: ABG offers brand-new Factory Original-Equipment-Manufacturer (“OEM”) canvas products for specific manufacturer, model and year of boats. All OEM canvas is made to the specific customer’s order (make, model, year, fabric, color). Since all canvas is made to your specific order, ABG does not accept returns of these canvas products. ABG does not accept returns of canvas ordered to fit a specific make/model/year Factory Original-Equipment-Manufacturer (OEM) boat or boat top frame, but installed (or attempted to install) on a different make/model/year boat, windshield or some other brand or model of after-market boat top frame. Some boat dealers offer their own boat top frames, which are NOT factory Original-Equipment. ABG does not have patterns for these, and cannot accept returns of Factory-OEM canvas which did not fit these frames. We welcome for customers to email photos of their boat’s frame(s) and tops, so we can to help determine if your boat has the Factory OEM equipment (top or windshield). Canvas damaged incurred during shipping should be reported immediately to the Shipping Company, who will arrange and pay for repair or replacement. No returns, refunds or exchanges based on canvas color selected by customer or if wrong boat information was provided to ABG.

Warranty:

1) American Boat Gear, Inc., hereinafter referred to as “ABG”, warrants its products from defects in material and workmanship for one year from date of retail purchase. This coverage is on a repair or replace basis as determined by ABG upon receipt and inspection of goods if requested, freight prepaid, to the location specified.

2) This warranty does not apply to; a) misuse, b) neglect, c) accident, d) improper installation, e) harsh chemicals, f) water/ice accumulation or “pocketing”, g) alterations to the original design, h) improper packaging in return shipments to a ABG location, i) allowing any sharp object to come in contact with the canvas, j) if installation of snap fasteners other than those installed by ABG, k) seepage or leakage of sewn seams, l) effects of acid rain or pollution, m) trailering.

3) ABG limits its warranty on materials to the same warranty provided by its suppliers and therefore, does not express or imply any extended performance of their product.

4) Proper care, maintenance, handling and storage of the canvas products are required to maintain this warranty. (*Do not store wet or damp canvas. Assure storage space is dry and properly ventilated.)

5) All consumer warranty claims must be processed through ABG. Proper documentation, i.e. sales order number and date of manufacture, is required.

6) We reserve the right to request a component be returned for inspection to determine the cause, extent, or validity of the claim.

7) All canvas components that are to be returned to a ABG facility must obtain a Return Goods Authorization, (RGA), prior to the return shipment. This number must be clearly visible on the carton or the shipment will not be accepted. Contact Customer Service for an RGA via email: info@americanboatgear.com or phone: 1-800-947-7040 X1.

8) ABG will provide a seven (7) day turnaround on all warranty repairs that are submitted with the proper documentation. If ABG determines the submitted claim is not covered under warranty, a repair quote will be provided. Upon acceptance of the quote, the product will be repaired within seven days and returned directly to the customer.

9) Return freight expenses will be paid by ABG on valid warranty claims, based on a reasonable freight expense, (typically FedEx).

Legal

Disputes, Arbitration, Governing Law, Jurisdiction, Venue and Limitations:

All disputes shall be arbitrated by Stripe® before escalation to legal action. This Agreement shall be governed by, and construed in accordance with, the

laws of the State of Virginia. The Buyer agrees and consents to the exclusive jurisdiction of the courts of the State of Virginia for all purposes regarding this Contract and further agrees and consents that venue of any action brought hereunder shall be exclusively in Arlington County, Virginia. Damages shall not exceed the value of the product purchased in any case.