(Web + Sales + Service) ver.32
Effective Date: January 20, 2026
Replaces: ver.31 and prior
Canvas USA® (“we,” “us,” “our”) offers custom marine, residential, and retail products and services, including custom manufacturing, repairs, installations, and related work. These Terms of Service (“Terms”) govern (1) access to and use of our websites and online services (“Website”), and (2) all quotations, purchases, services, and work performed by Canvas USA® (each, a “Transaction”).
Website-only use does not create a binding purchase or service agreement absent a Transaction as defined herein.
YOU ARE BUYING CUSTOM GOODS/SERVICES, priced and scheduled based on your information and our reserved production capacity. Most goods and services are custom-made and non-resalable in the ordinary course.
By using the Website, requesting a quote, approving specifications (including by email/text), placing an order, signing an estimate or invoice, submitting any payment, checking a box/clicking “I Accept,” or otherwise authorizing work, you (“Customer,” “you”) agree to these Terms. If you do not agree, do not use the Website and do not place an order or authorize work.
Conspicuous Material Terms (Must Read)
• NO CANCELLATION AFTER PRODUCTION START
• DEPOSITS EARNED / NON-REFUNDABLE AFTER PRODUCTION START
• ALL SALES FINAL FOR CUSTOM GOODS (SUBJECT TO WARRANTY)
• MANDATORY ARBITRATION (WITH LIMITED EXCEPTIONS)
• CLASS ACTION WAIVER
• LIMITATION OF LIABILITY (CAPPED AT AMOUNT PAID)
• TEXAS LAW GOVERNS; VENUE / ARBITRATION IN ARANSAS COUNTY, TEXAS
• CUSTOMER INDEMNIFICATION OBLIGATIONS
“Custom Goods” means goods made, modified, or configured to Customer‑approved specifications.
“Production Start” occurs when any of the following begins: design, patterning, templating, measuring, layout; materials are ordered, procured, cut, staged, allocated, or reserved; fabrication, sewing, assembly, preparation, or shop labor begins; shop time is logged; or production resources or capacity are committed.
“Completion Notice” means written notice (email, text, or invoice message) that the project is complete or ready for pickup, shipment, delivery, or installation.
“Wrongful Chargeback” means any chargeback, payment reversal, stop‑payment, or dispute inconsistent with these Terms, except for proven fraud or unauthorized use.
1.1 Acceptance. You accept these Terms upon the earliest of: (a) signing or approving a quote, estimate, invoice, or work order; (b) written approval by email or text; (c) submitting any payment or deposit; (d) electronic acceptance; or (e) permitting Canvas USA® to begin work.
1.2 Entire Agreement. These Terms, together with the applicable quote/invoice, approved specifications, and any written addenda signed by Canvas USA®, constitute the entire agreement. Oral statements are not binding.
1.3 Order of Control. In the event of conflict: (1) signed written addenda, (2) quote/invoice/work order, (3) these Terms, (4) incorporated Policies.
1.4 Place of Formation. All Transactions are deemed formed in Aransas County, Texas, and substantial performance occurs in Texas.
2.1 Quotes are based on Customer‑provided information, measurements, photos, descriptions, access conditions, and specifications. Customer bears responsibility for accuracy.
2.2 Unless expressly stated in writing, pricing is provisional and subject to adjustment for unseen conditions.
2.3 Quotes apply only to the written scope stated.
2.4 Pricing may be revised for actual requirements or Customer‑requested changes. Customer approval (including electronic) is required to proceed.
2.5 Quotes are valid only for the period stated or, if none, a reasonable time determined by Canvas USA®.
3) SCHEDULING; COMPLETION; DELAYS
3.1 Scheduling is first‑come, first‑served based on deposits, approvals, and availability.
3.2 Completion dates are estimates only unless guaranteed in a signed addendum.
3.3 Delays caused by weather, supply chain disruptions, labor availability, access limitations, governmental action, or other events beyond our control do not constitute breach.
3.4 Completion Notice will be provided when the project is ready.
4) CUSTOM WORK; TIME & MATERIALS
4.1 Custom Goods are fabricated based on Customer specifications or comparable prior projects.
4.2 Unless expressly stated otherwise in writing, custom work is billed on actual time and materials. Estimates are not caps.
4.3 A base or start fee may apply for setup, evaluation, administration, and scheduling commitment.
4.4 Customer expressly acknowledges that estimates are not guaranteed maximum prices unless expressly stated as such in a written addendum signed by Canvas USA®.
5) CUSTOMER VERIFICATION; SPECIFICATION APPROVAL
5.1 Customer must verify all specifications prior to Production Start.
5.2 Approval constitutes authorization to proceed.
5.3 Canvas USA® is not liable for issues arising from Customer‑approved specifications, except as provided under the Warranty.
6.1 Minimum deposit is 50% unless approved otherwise in writing.
6.2 Balance due in full prior to release, shipment, delivery, or installation.
6.3 Past‑due balances accrue interest at 1.5% per month or the maximum allowed by law.
6.4 Canvas USA® may suspend work, withhold release, and assess reasonable storage or handling fees for nonpayment.
7) RETURNS; REFUNDS; CANCELLATIONS (CUSTOM GOODS)
7.1 ALL SALES FINAL for Custom Goods, subject only to the Warranty.
7.2 No cancellation after Production Start.
7.3 Deposits become earned and non‑refundable upon Production Start.
7.4 Customer agrees that actual damages from cancellation after Production Start would be difficult or impossible to ascertain and that the deposit represents a reasonable pre‑estimate of such damages and constitutes liquidated damages, not a penalty.
7.5 Pre‑Production cancellation is at Canvas USA®’s sole discretion.
8) STORAGE; PICKUP; ABANDONMENT; LIEN
8.1 Storage fees may apply after 30 days following the Completion Notice.
8.2 Items not retrieved within 60 days may be deemed abandoned and disposed of or sold per Texas law.
8.3 Canvas USA® retains a possessory lien to the fullest extent permitted by Texas law.
9) SHIPPING; DELIVERY; RISK OF LOSS
Risk of loss transfers upon tender to the carrier, pickup, or completion of delivery/installation, as applicable.
Governed exclusively by the current Warranty Policy. Non‑waivable consumer rights are preserved where required by law.
11) PHOTOS; INTELLECTUAL PROPERTY
All designs, patterns, templates, methods, and know‑how remain the exclusive property of Canvas USA®.
To the maximum extent permitted by law, total liability is capped at the amount paid for the specific Transaction.
To the maximum extent permitted by Texas law, Customer shall indemnify, defend, and hold harmless Canvas USA® from claims arising out of Customer’s acts, omissions, specifications, misuse, or negligence, excluding Canvas USA®’s gross negligence or willful misconduct.
14.1 Mandatory Arbitration. Binding arbitration under AAA rules in Aransas County, Texas.
14.2 Fees. Canvas USA® will bear arbitration filing fees to the extent required to avoid prohibitive costs under applicable law.
14.3 Class actions are waived.
Customer agrees not to initiate a Wrongful Chargeback and to reimburse dispute costs to the extent permitted by Texas law.
Website provided AS IS.
Electronic communications and signatures are legally binding.
Use governed by Privacy Policy.
19) FORCE MAJEURE; ASSIGNMENT; SEVERABILITY
19.1 Force Majeure. Canvas USA® is not liable for failure or delay caused by events beyond reasonable control.
19.2 Assignment. Customer may not assign without written consent. Canvas USA® may assign freely.
19.3 No Third‑Party Beneficiaries.
19.4 Severability and survival apply.
Official contact methods are listed on the Website or invoice.