Rocky Mountain Tents Co. – Sales Terms and Conditions

PLEASE READ THIS AGREEMENT CAREFULLY.

THIS SALES AGREEMENT (“AGREEMENT”) CONSTITUTES THE TERMS AND CONDITIONS GOVERNING THE PURCHASE AND USE OF PRODUCTS SOLD BY ROCKY MOUNTAIN TENTS CO. (“ROCKY MOUNTAIN TENTS”, “COMPANY”, “WE”, “US”, OR “OUR”).

BY PLACING AN ORDER ON ROCKYMOUNTAINTENTS.CA OR ACCEPTING DELIVERY OF ANY PRODUCTS, YOU (“YOU” OR “BUYER”) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.

IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT ENTITY.

Unless a separate written agreement exists, this Agreement, including all warranties and policies, constitutes the entire agreement between Buyer and Rocky Mountain Tents. Any additional or conflicting terms proposed by Buyer are expressly rejected unless agreed to in writing.

Placing an order does not constitute acceptance. Rocky Mountain Tents only accepts orders upon shipment of the Product.

1. Definitions

1.1 “Product” means any rooftop tent, accessory, mounting hardware, component, or related documentation supplied by Rocky Mountain Tents.

2. Prices, Payment, and Errors

2.1 Unless otherwise agreed in writing, payment is due immediately upon purchase or upon receipt of invoice. Any unpaid amounts after thirty (30) days shall be considered overdue and subject to interest at the lesser of 1.5% per month or the maximum permitted by law.

Buyer is solely responsible for all applicable taxes, duties, and fees from the moment the Product is shipped. No discounts or promotions apply unless explicitly confirmed in writing.

2.2 For online purchases, payment authorization may be obtained at checkout, but charges may occur at the time of shipment, including partial shipments resulting in multiple charges.

2.3 Rocky Mountain Tents reserves the right to cancel or refuse any order due to pricing errors, typographical mistakes, or system inaccuracies, even after order confirmation or payment processing. Any collected payments will be refunded in such cases.

3. Shipping Terms and Risk of Loss

3.1 Title and ownership of the Product transfer to the Buyer upon delivery to the shipping carrier.

3.2 Risk of loss or damage transfers to the Buyer at the time the Product is handed to the carrier. Rocky Mountain Tents is not responsible for any loss, theft, delay, or damage occurring during transit.

3.3 Shipping timelines are estimates only and are not guaranteed. Delays caused by carriers, weather, customs, or other external factors are beyond our control.

4. Product Warranty

4.1 Warranty Coverage. Rocky Mountain Tents provides a 12-Month Limited Parts Warranty against defects in materials and workmanship, a 30-Day Workmanship, Shipping, and Dead-On-Arrival Warranty, subject to return authorization and the terms of this Agreement.

4.2 Limitations. Warranty does not apply if the Product has been improperly installed, mounted, or secured to a vehicle; misused, abused, neglected, or exposed to abnormal or extreme environmental conditions; modified, altered, or repaired by unauthorized parties; used in a manner inconsistent with provided instructions or intended purpose; or used on incompatible vehicles, roof racks, bed racks, crossbars, mounting systems, or other supporting structures.

4.3 DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED, ALL PRODUCTS ARE PROVIDED “AS IS.” ROCKY MOUNTAIN TENTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

Buyer acknowledges that Buyer has not relied on any statement, representation, warranty, description, recommendation, photograph, advertisement, or communication not expressly set out in this Agreement.

4.4 Third-Party Components. Any third-party components, including racks, crossbars, brackets, fasteners, hardware, accessories, vehicle parts, or products not manufactured by Rocky Mountain Tents, are not covered under this warranty.

4.5 Warranty Claims. Buyer must provide written notice within thirty (30) days of discovering, or when Buyer reasonably ought to have discovered, any claimed defect. Buyer must allow Rocky Mountain Tents a reasonable opportunity to inspect the Product, request photographs or video evidence, perform troubleshooting, and require return of the Product if necessary.

4.6 Warranty Void Conditions. Warranty is void if the Product continues to be used after discovery of a defect, if installation or maintenance instructions are not followed, if the Product is altered or repaired without prior written consent, or if damage results from misuse, negligence, overloading, improper storage, improper mounting, environmental exposure, accident, or failure to inspect and maintain the Product.

4.7 Remedies. At Rocky Mountain Tents’ sole discretion, the remedy for a valid warranty claim may be repair, replacement, replacement parts, store credit, or partial or full refund. Any refund may be prorated based on use, condition, age, and circumstances of the claim.

4.8 Exclusive Remedy. The remedies set out in this section are Buyer’s sole and exclusive remedies and constitute Rocky Mountain Tents’ entire liability for any warranty claim.

4.9 Shipping Costs. For claims under the 12-Month Limited Parts Warranty, Buyer is responsible for all shipping costs to and from Rocky Mountain Tents. For claims under the 30-Day Satisfaction Guarantee, Buyer is responsible for all shipping costs to and from Rocky Mountain Tents. For approved Dead-On-Arrival or workmanship claims made within thirty (30) days, Rocky Mountain Tents may cover return or replacement shipping at its sole discretion.

5. Installation, Use, and Assumption of Risk

5.1 Rooftop tents involve inherent risks, including but not limited to improper installation, incorrect mounting, hardware loosening, rack or vehicle failure, vehicle instability, adverse weather exposure, falls, personal injury, death, and property damage. Buyer agrees that all Products are installed, mounted, transported, entered, occupied, and used entirely at Buyer’s own risk.

5.2 Buyer is solely responsible for verifying vehicle compatibility, rack compatibility, dynamic weight limits, static weight limits, mounting requirements, crossbar spacing, hardware tightness, safe load distribution, and all applicable vehicle manufacturer and rack manufacturer instructions before installation and use.

5.3 Rocky Mountain Tents is not responsible for errors, omissions, misinterpretations, or incomplete information contained in manuals, diagrams, setup instructions, website descriptions, videos, photographs, or other materials. All such materials are provided for general informational purposes only and are provided on an “as is” basis.

5.4 Buyer acknowledges that rooftop tent use may involve risk of serious personal injury, death, vehicle damage, property damage, and third-party claims. Buyer voluntarily assumes all known and unknown risks associated with installation, transportation, setup, takedown, entry, exit, occupancy, storage, and use of the Product.

6. Limitation of Liability

6.1 Buyer agrees to defend, indemnify, and hold harmless Rocky Mountain Tents, its owners, employees, contractors, affiliates, agents, representatives, suppliers, and insurers from and against any and all claims, damages, liabilities, losses, costs, legal fees, and expenses arising out of or related to the purchase, installation, transportation, storage, use, misuse, modification, or resale of any Product.

6.2 IN NO EVENT SHALL ROCKY MOUNTAIN TENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, DIMINUTION IN VALUE, PERSONAL INJURY, DEATH, VEHICLE DAMAGE, PROPERTY DAMAGE, OR THIRD-PARTY CLAIMS, WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

6.3 IN NO EVENT SHALL ROCKY MOUNTAIN TENTS’ TOTAL AGGREGATE LIABILITY EXCEED THE LESSER OF THE AMOUNT PAID BY BUYER FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM OR FIVE HUNDRED DOLLARS ($500 CAD).

6.4 These limitations of liability represent an informed, voluntary, and material allocation of risk between Buyer and Rocky Mountain Tents and form a fundamental basis of the bargain between the parties.

7. Replacement Parts and Accessories

7.1 ALL REPLACEMENT PARTS, ACCESSORIES, HARDWARE, BRACKETS, FASTENERS, AND RELATED COMPONENTS ARE SOLD “AS IS” TO THE MAXIMUM EXTENT PERMITTED BY LAW.

7.2 Rocky Mountain Tents may act as a reseller or supplier of certain parts and accessories and may not be the original manufacturer of every component. Rocky Mountain Tents makes no warranty or representation regarding compatibility, installation suitability, performance, safety, durability, or fitness for any particular use unless expressly stated in writing.

7.3 Buyer assumes all responsibility for ensuring that any part or accessory is compatible with Buyer’s rooftop tent, vehicle, rack system, mounting system, and intended use. Buyer is solely responsible for proper installation, inspection, maintenance, and safe use.

7.4 Rocky Mountain Tents shall not be liable for any injury, damage, loss, failure, incompatibility, mounting issue, system failure, or third-party claim arising from the installation or use of parts, accessories, hardware, or components.

8. General Provisions

8.1 Waiver. No waiver by Rocky Mountain Tents of any provision of this Agreement is effective unless made in writing and signed by an authorized representative. No failure or delay in exercising any right or remedy shall operate as a waiver.

8.2 No Third-Party Beneficiaries. This Agreement is for the sole benefit of Buyer and Rocky Mountain Tents and does not create any rights or remedies for any third party.

8.3 Severability. If any term or provision of this Agreement is found invalid, illegal, or unenforceable, the remaining terms shall remain in full force and effect.

9. Governing Law and Jurisdiction

This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts located in Calgary, Alberta.

10. Entire Agreement

This Agreement represents the complete and final agreement between Buyer and Rocky Mountain Tents regarding the purchase and use of the Products and supersedes all prior agreements, communications, understandings, representations, advertisements, or discussions, whether written or oral.

11. Acceptance

By placing an order, completing checkout, accepting delivery, opening packaging, installing, mounting, transporting, or using any Product, Buyer acknowledges that Buyer has read, understood, and agreed to be legally bound by these Sales Terms and Conditions.

Please retain these Terms for your records.