Terms of service
CANVAS USA®
MASTER TERMS AND CONDITIONS OF SALE, SERVICE, AND WEBSITE USE
Effective Date: November 19, 2025
Last Updated: November 19, 2025
These Master Terms and Conditions (these “Terms”) govern (1) your access to and use of the Canvas USA® website and related online services (the “Website”), and (2) all quotes, orders, purchases, custom fabrication, repairs, installation, and other services provided by Canvas USA® (“Canvas USA®,” “we,” “us,” or “our”) to any purchaser, customer, or user (“Customer” or “you”).
BY ACCESSING OR USING THE WEBSITE, ACCEPTING A QUOTE OR WORK ORDER, PLACING AN ORDER, APPROVING SPECIFICATIONS OR DESIGNS, OR REMITTING ANY PAYMENT, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS.
IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE OR PURCHASE GOODS OR SERVICES FROM CANVAS USA®.
IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE OR PURCHASE GOODS OR SERVICES FROM CANVAS USA®.
1. Definitions
“Goods” means any products, components, materials, or items sold or provided by Canvas USA®.
“Services” means design, measurement, fabrication, repair, installation, consulting, and other services provided by Canvas USA®.
“Custom Work” means any Goods or Services produced, modified, or performed to Customer specifications, measurements, selections, or approvals, including marine work.
“Order” includes any quote, estimate, invoice, work order, service ticket, purchase, transaction, contract, or agreement to purchase Goods and/or Services.
“Website Content” includes all text, photographs, graphics, data, product descriptions, and other materials displayed on the Website.
2. Policies Incorporated by Reference
Our Privacy Policy, and any posted Shipping Policy and Returns Policy (if applicable), are incorporated by reference and form part of these Terms.
3. Quotes, Estimates, and Pricing
Quote Basis. All quotes are based on information available at the time of issuance. For marine projects, if Canvas USA® has not physically inspected and measured the vessel, any quote is preliminary and subject to adjustment after delivery and evaluation.
Adjustments. Pricing may be adjusted based on actual labor time, material cost changes, access limitations, prior modifications, hidden damage or deterioration, Customer-requested changes, and unforeseen conditions discovered during performance.
Validity / Additional Charges. Quotes expire as stated. Unless expressly included in writing, taxes, shipping, delivery, travel, permits, haul-outs, and special handling are additional.
4. Customer Responsibilities; Specifications; Approvals
Verification. Customer is solely responsible for verifying all specifications, materials, measurements, colors, hardware, text, logos, quantities, and descriptions before approval and payment.
Customer-Supplied Information. If Customer provides measurements, templates, patterns, drawings, photos, reference designs, or instructions (or declines Canvas USA®’s inspection/measurement), Customer assumes all risk of fit, alignment, and compatibility.
Binding Approvals. Customer approvals by signature, email, text message, online checkout, invoice payment, deposit payment, or other documented confirmation constitute binding acceptance and authorization to proceed.
Changes. Changes requested after approval or after work begins may require a written change order, additional charges, and schedule extensions. Canvas USA® may pause work until the change order is approved and any required payment is received.
5. Deposits and Payment Terms
Deposits. Deposits are required for most Orders. Deposits are non-refundable once any of the following occurs: (a) materials are ordered; (b) patterns/templates are created; (c) design work begins; (d) fabrication starts; (e) labor is scheduled; or (f) any Services are performed.
Payment Due. Unless otherwise agreed in writing, all balances are due upon completion and before release of Goods and/or the vessel. Canvas USA® may require full payment in advance.
Late Fees / Collections. Past-due amounts accrue interest at the lesser of 1.5% per month or the maximum permitted by Texas law. Customer agrees to pay all collection costs, including reasonable attorneys’ fees and expenses.
Returned Payments. Customer shall pay all fees associated with returned checks, rejected ACH transactions, reversed transfers, failed payments, or stop payments.
6. Custom Work; Final Sale; No Returns
Custom Work is Non-Cancelable. All Custom Work is made to order and is final, non-cancelable, and non-refundable once production begins or Services are performed.
No Returns. Except where prohibited by law, there are no returns or exchanges for Custom Work. Retail items may be subject to a posted return policy only if expressly stated and applicable.
7. Scheduling, Delivery, and Force Majeure
Estimated Timelines Only. Completion and delivery dates are estimates, not guarantees. Canvas USA® is not liable for delays caused by supply chain disruption, labor availability, weather, third-party acts, access constraints, design changes, or other factors beyond our reasonable control.
Force Majeure. Canvas USA® is not responsible for delays caused by acts of God, storms, hurricanes, flooding, fire, war, terrorism, labor disputes, governmental actions, vendor delays, carrier delays, or utility failures.
8. Installation; Fit; Third-Party Work; Tolerances
Third-Party Installation. If Canvas USA® does not install the Goods, Canvas USA® does not guarantee fastener placement, structural compatibility, or fit as installed by any third party.
Tolerances. Customer acknowledges the handcrafted nature of sewn goods and the behavior of materials. Minor variations in fit, seam alignment, stitching, tension, and color are normal and are not defects.
9. Vessel Drop-Off; Personal Property; Insurance
Customer must remove valuables, electronics, weapons, and personal items from vessels and property before delivery. Canvas USA® is not responsible for loss, theft, or damage to personal property left on site or aboard. Customer is responsible for maintaining adequate insurance coverage.
10. Risk of Loss; Title; Security Interest; Lien Rights
Risk of Loss. Risk of loss transfers to Customer upon pickup, delivery, or tender to a carrier, whichever occurs first.
Title. Title to Goods remains with Canvas USA® until paid in full.
Security Interest. Customer grants Canvas USA® a purchase-money security interest in the Goods and proceeds thereof until paid in full, and authorizes Canvas USA® to file UCC financing statements as permitted by law.
Lien Rights. Canvas USA® retains all lien and possessory rights permitted under Texas law for unpaid balances related to labor, storage, materials, Goods, and Services, including the right to retain possession until paid in full.
11. Inspection; Acceptance; Limited Remedy
Inspection Period. Customer must inspect Goods/Services within three (3) business days of pickup, delivery, or installation (whichever occurs first) and report any claims in writing. Failure to do so constitutes acceptance.
Exclusive Remedy. For verified workmanship defects reported within the inspection period, Canvas USA® will, at its option, repair or adjust the work. This is the Customer’s sole and exclusive remedy.
Exclusions. Warranty and remedy exclude misuse, neglect, improper storage, mildew, UV exposure, improper cleaning, everyday wear, third-party installation, structural defects in the vessel/site, prior modifications, Customer-supplied measurement/specification errors, and conditions outside Canvas USA®’s control.
12. Limited Warranty (Manufactured Goods)
Unless otherwise stated in writing:
- One (1) year limited workmanship warranty.
- Three (3) year limited product warranty.
All warranties are limited to the remedy in Section 11. No oral statements modify these Terms.
13. Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR IN A WRITTEN WARRANTY, CANVAS USA® DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CANVAS USA® SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOST PROFITS, LOSS OF DATA, OR DELAYS, EVEN IF ADVISED OF THE POSSIBILITY.
CANVAS USA®’S TOTAL LIABILITY FOR ANY CLAIM RELATED TO GOODS OR SERVICES SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE SPECIFIC GOODS OR SERVICES GIVING RISE TO THE CLAIM.
15. Payment Disputes; Chargebacks; Notice and Cure
Notice Required. Before initiating any chargeback, payment reversal, ACH return, stop payment, or other payment dispute (a “Payment Dispute”), Customer must provide written notice to Canvas USA® and allow ten (10) calendar days for investigation and attempted resolution. Notice must be sent to office@canvasusa.com and include the Customer name, order/invoice number, and a clear description of the issue.
Material Breach. Any Payment Dispute initiated (a) without compliance with this Section, (b) after Customer has approved specifications or accepted Goods/Services, or (c) relating to Custom Work produced to Customer-approved specifications, constitutes a material breach of these Terms.
Customer Liability. If a Payment Dispute is initiated, Customer agrees to pay Canvas USA®:
(a) the full amount reversed, withheld, or unpaid;
(b) all processor/bank chargeback or reversal fees;
(c) administrative costs incurred responding to the dispute, including staff time billed at $95 per hour (minimum one hour);
(d) all collection costs; and
(e) reasonable attorneys’ fees and court costs to the extent permitted by law.
(a) the full amount reversed, withheld, or unpaid;
(b) all processor/bank chargeback or reversal fees;
(c) administrative costs incurred responding to the dispute, including staff time billed at $95 per hour (minimum one hour);
(d) all collection costs; and
(e) reasonable attorneys’ fees and court costs to the extent permitted by law.
No Offset. The customer may not withhold, offset, or reduce any payment due based on any dispute.
Evidence Authorization. Customer authorizes Canvas USA® to provide documentation to payment processors, banks, and card networks, including invoices, work orders, approvals, communications, photographs, delivery confirmations, and work logs, to respond to a Payment Dispute.
16. Storage Fees; Abandoned Property
Storage. If the Customer does not retrieve Goods or a vessel within five (5) business days after notice of completion, storage fees may apply.
Abandonment. Canvas USA® may pursue remedies under Texas law for abandoned or unclaimed property, including sale, disposal, or enforcement actions where permitted.
17. Intellectual Property; Customer Materials; Media License
Canvas USA® Work Product. All templates, patterns, drawings, renderings, designs, jigs, fixtures, prototypes, and processes are Canvas USA® intellectual property and remain our property at all times.
Customer Materials. Customer represents that it owns or has legal rights to provide any logos, photographs, and reference materials. Customer shall indemnify Canvas USA® for claims arising from Customer materials.
Media License. Unless Customer prohibits such use in writing prior to production, Customer grants Canvas USA® a perpetual, worldwide, royalty-free license to photograph and use completed work and non-confidential project images for portfolio, marketing, and business purposes.
18. Website Terms; Prohibited Use; User Content
As-Is. The Website is provided “AS IS” and “AS AVAILABLE.”
Prohibited Conduct. Users may not scrape, reverse-engineer, overload, disrupt, or attempt unauthorized access to the Website, or use the Website in violation of law or the rights of others.
User Content. User-submitted reviews and content remain the user’s responsibility. User grants Canvas USA® a non-exclusive, worldwide, royalty-free license to use such content for business purposes.
Removal / Restriction. Canvas USA® may remove content or restrict access in its sole discretion.
19. DMCA Notice
To report alleged copyright infringement, send notice to:
Notices must include all required information under the DMCA.
20. Indemnification
Customer agrees to defend, indemnify, and hold harmless Canvas USA® and its affiliates, officers, directors, employees, and agents from and against all claims, damages, liabilities, costs, and expenses (including attorneys’ fees) arising from: (a) Customer misuse; (b) Customer breach of these Terms; (c) Customer materials; or (d) Customer negligence or misconduct.
21. Dispute Resolution; Arbitration; Class Action Waiver; Court Carve-Out
Arbitration. Any dispute arising out of or relating to the Website, Goods, Services, Orders, billing, or these Terms will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules (including consumer rules where required).
Location. Arbitration shall occur in Aransas County, Texas, unless required otherwise by law.
No Class Actions. Disputes must be brought on an individual basis only. Customer waives the right to bring or participate in any class action, collective action, representative action, or private attorney general action.
Court Carve-Out. Notwithstanding arbitration, Canvas USA® may bring an action in court to collect unpaid amounts, recover chargeback/reversal amounts and fees, enforce lien rights, enforce security interests, obtain injunctive relief, and protect intellectual property and confidential information.
Award. The arbitrator’s award may be entered as a judgment in any court of competent jurisdiction.
22. Limitation Period
To the maximum extent permitted by law, any claim must be filed within one (1) year after the claim arises, or it is permanently barred.
23. Governing Law; Venue
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. If arbitration is unenforceable for any claim, exclusive venue and jurisdiction shall be in state or federal courts located in Aransas County, Texas, and both parties consent to personal jurisdiction in such courts.
24. Attorneys’ Fees
In any dispute arising out of these Terms, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs, to the extent permitted by law.
25. Severability; Entire Agreement; Assignment
Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.
Entire Agreement. These Terms, together with any written quote, invoice, work order, or change order, constitute the entire agreement between the parties and supersede all prior communications.
Assignment. Customer may not assign rights or obligations without Canvas USA®’s prior written consent. Canvas USA® may assign freely.
26. Waiver
No waiver is valid unless in writing and signed by Canvas USA®. Failure to enforce any provision does not waive that provision.
27. Notices and Contact
Canvas USA®
1010 HWY 35 South
Rockport, TX 78382
361-729-0638 | 888-341-1234
1010 HWY 35 South
Rockport, TX 78382
361-729-0638 | 888-341-1234