Terms and Conditions

WHAT FAS-TOP WARRANTS Subject to the terms and conditions of sale, including any terms and conditions set forth by Bismarck Canvas, Inc. (“Bismarck Canvas”, “Fas-Top” or “us” or “we”) in our then-current terms of sale on our website (collectively, the “Terms”), Fas-top represents and warrants that: the covered products listed in the “Covered Products and Warranty Periods” section (a “Product”) will substantially be free from defects in materials and workmanship for the specified warranty periods set forth in that section. WARRANTY IS LIMITED AND CONDITIONAL This warranty applies to the original purchaser of the Product only. The warranty is valid only as long as the original retail purchaser owns the vehicle upon which the Product is installed. The warranty expires should the Product be removed from the original vehicle or if the original vehicle is transferred to another owner. This warranty is not transferable or assignable. The warranty does not apply to Product bought from auction-style or price-bid websites. THE LIMITED WARRANTY AND STATED REMEDIES ARE SOLE AND EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, AND COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED OR STATUTORY OR OTHER WARRANTIES, INCLUDING WITHOUT LIMITATIONS WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST PROFITS OR REVENUE, HOWEVER CAUSED, WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE, WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. Some states do not allow exclusion or limitation, so this may not apply to you. This warranty gives you specific legal rights, and you may have other rights which vary from state to state. The Limited Warranty excludes, and Fas-Top is not liable in any way for any warranty claims, damages, or defects related to: • Misuse, abuse, accidents, vandalism, negligence, fire, or improper installation or modification, or improper or inadequate maintenance; • Failure to comply with any Product documentation, Fas-Top instructions, or applicable law or regulations; use in extreme conditions; • Force Majeure including but not limited to, earthquake, hurricane, tornado, flooding, or other disasters natural or man-made, civil unrest, strikes, WHAT FAS-TOP WARRANTS THE WARRANTY IS LIMITED AND CONDITIONAL EXCLUSIONS TO THE WARRANTY declared or undeclared war, or lack of performance by, or discontinued product of, supply chain partners whose products, software, operations or management is beyond the control of Fas-Top; • Damage resulting in breakage (including without limitation, spontaneous breakage, accidental breakage or breakage by any other means) of a Product or any component part; • Damage to vinyl windows due to misuse, or cracking due to varying weather conditions. YOUR SOLE REMEDY During the applicable warranty period, Fas-Top shall, at its option, either repair or replace any Product that it confirms, in its discretion, is non-compliant with the warranties herein. Fas-Top will not pay for labor charges associated with installation or removal of the Product. Should a specific Product be discontinued, Fas-Top may, at its option, replace the discontinued Product with a current product or like product. If Fas-Top opts to repair or replace your Product as set forth herein, Fas-Top shall use reasonable efforts to match any patch or replacement to the color and texture of your existing Product. There is no guarantee however, that Fas-Top will be able to match the color or texture. If Fas-Top is not able to match the color or texture, it may provide you with a black or neutral colored patch replacement in its discretion. Please retain your proof of purchase. Original proof of purchase for the Product must accompany any warranty claim. If you have a warranty claim, first you must email Fas-Top Customer Service at bismarck.canvas.inc@gmail.com for instructions. All claims must be emailed to bismarck.canvas.inc@gmail.com within 30 days of discovery of a defective Product, but in no event later than thirty days after the end of the applicable Warranty Period (the “Warranty Notice Period”). Warranty claims made after the Warranty Notice Period are null and void and Fas-Top shall have no responsibility with respect to such claims. THIS SECTION SETS FORTH FAS-TOP’S SOLE OBLIGATION & YOUR SOLE REMEDY WITH RESPECT TO ANY DEFECTS OR OTHER PRODUCT ISSUE. ANY PRODUCTS REPLACED UNDER TERMS OF THIS WARRANTY WILL BE COVERED UNDER TERMS & BALANCE OF THE DURATION OF THE ORIGINAL LIMITED WARRANTY FOR SUCH PRODUCT. COVERED PRODUCTS AND WARRANTY PERIODS. FAS-TOP TOPPER: 5 Year Limited Warranty FAS-TOP TONNEAU: Limited Lifetime Warranty FAS-TOP (Manufactured by Bismarck Canvas, Inc.) 16000 Andre Loop Menoken, ND Call 701-673-3777 PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of www.fas-top.com. The collective work includes works that are licensed to www.fas-top.com. Copyright 2003, www.fas-top.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.fas-top.com or purchasing www.fas-top.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.fas-top.com or to purchase www.fas-top.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.fas-top.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of www.fas-top.com used in the site are trademarks or registered trademarks of www.fas-top.com


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, www.fas-top.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.fas-top.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. www.fas-top.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
www.fas-top.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if www.fas-top.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a www.fas-top.com product is mistakenly listed at an incorrect price, www.fas-top.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.fas-top.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.fas-top.com shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.fas-top.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
www.fas-top.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.fas-top.com.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.fas-top.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.fas-top.com products) must be commenced within one (1) year after the claim or cause of action arises. www.fas-top.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. www.fas-top.com may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.fas-top.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
www.fas-top.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.fas-top.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.fas-top.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.fas-top.com in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless www.fas-top.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, www.fas-top.com may link to sites operated by third parties. However, even if the third party is affiliated with www.fas-top.com, www.fas-top.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.fas-top.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.fas-top.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).