Preorder Agreement


These Terms and Conditions (these “Terms”) are between Adventurer  Manufacturing, Inc. and/or its affiliates (referred to as “AMI”, “us”, “we”, or “our”  as the context may require) and the person (“you” or “your”) using any of the  websites offered by AMI (collectively, the “Site”) to conduct consumer  transactions with AMI. These Terms apply to the pre-order of AMI’s in-bed  campers (“Campers”) and to the order and sale of outdoor products and  supplies supplied by AMI (“Accessories” and together with the Campers, the  “Products”). All consumer transactions conducted using the Site will be  governed by these Terms. These Terms only apply to consumer transactions  between you by AMI that are conducted using the Site. If you purchase any of  AMI’s products and services from a dealer or other third party, these Terms do  not apply to that transaction. If you purchase a Camper directly from AMI, you  will be required to sign a purchase agreement (the “Camper Purchase  Agreement”) in the form provided by AMI at the time you accept delivery of the  Camper, and the Camper Purchase Agreement will govern the terms and  conditions of that sale, not these Terms. 

You may place pre-orders and orders on this site only if you accept these terms.  by clicking on the “submit order” button or any similar icon, you agree to be  bound by all of these terms.  

Please read these terms carefully. these terms are legally binding and contain  important information regarding your rights and obligations, including  limitations of liability and your obligation to indemnify AMI and others affiliated  with AMI [for your breaches of these terms.] 

We may change these Terms at any time. Please review these Terms each time  you use the Site to conduct a consumer transaction for Products. By using the  site and placing a pre-order for a camper or an order for accessories, you agree  to be bound by the most recent version of these terms.  


You may not order or obtain products from this site if you (A) DO NOT agree to  these terms, (B) ARE NOT the older of (i) at least 18 years of age or (ii) Legal  age to form a binding contract with AMI, or (C) are prohibited from accessing 

or using this site or any of this site’s content or product by applicable law.  These terms apply only to orders made by the consumer located in the United  States of America. If you are not located in the United States of America and  AMI’s products are available in your country or jurisdiction, different terms  and conditions will apply. 


Our Privacy Policy describes the information AMI collects when you and others  use the Site. It also describes how AMI uses any personal information you share  with it. The Privacy Policy is part of these Terms. By agreeing to these Terms,  you are also consenting to our use of your personal information in accordance  with our Privacy Policy. Please click here 

to review our Privacy Policy.  


By accessing the Site and providing a cellular phone number to us, you expressly  consent and agree that AMI and its representatives and agents (collectively,  “AMI Representatives”) may place calls and send text messages to any cellular  (or non-cellular) telephone number provided to any AMI Representatives by you,  or anyone purporting to act on your behalf, for any purpose related in any way  to your use of the Site, including without limitation: as part of the registration  process, to assist in the delivery of Products and in response to any other  requests for information, goods, or services you submit through the Site, to  notify you of changes in these Terms or other agreements between you and AMI  and/or for user-experience improvement surveys. By accessing the Site and  providing an email address to us, you further consent and agree that AMI  Representatives may contact you using your email address for the same  purposes. This provision is a material term of the agreement between you and  AMI and cannot be unilaterally modified, revoked, or withdrawn by you.  

You represent and warrant that you are the owner and/or primary user of all  cellular telephone numbers you provide to us. If your cellular (or non-cellular)  phone number changes, you agree to notify us immediately. AMI is not  responsible for any fees assessed by your cellular (or non-cellular) telephone  provider for receipt of text messages or calls. You also agree that AMI  Representatives may record or monitor any or all conversations that you have  with the AMI Representatives, without any further notification and for any  reason


You may use the Site to place a pre-order for a Camper (a “Pre-Order”). Each  Pre-Order you submit for a Camper acts as a deposit for a future purchase of  the Camper. These Terms do not constitute an agreement for the sale of a  Camper and do not lock in pricing, a firm pickup date, or a specific Camper  configuration. We may decline Pre-Orders as we deem appropriate in our sole  discretion. If your Pre-Order is declined, you will be notified and your deposit  will be refunded. Any deposit made for the Pre-Order of a Camper is final and  nonrefundable unless you cancel your Pre-Order within five (5) days after you  make the payment. If you wish to cancel your Pre-Order, please notify us at  

(a) Specifications for Campers, features, materials and colors are  subject to change after you place your Pre-Order. We will use reasonable  efforts to notify you of any material changes to the specifications of the Camper  that you Pre-Ordered.  

(b) To complete the purchase of a Camper directly from AMI, you will  be notified of an expected delivery date, and you will be required to execute  AMI’s Camper Purchase Agreement at the time you arrive to pick up the Camper  at an AMI distribution center. The Camper Purchase Agreement will include the  terms and conditions pursuant to which the Camper will be sold to you.  Payment of the full purchase price for the Camper, including taxes and other  governmental fees, will be required prior to delivery of the Camper, and your  deposit will be applied to the amount due. To complete the purchase of a  Camper from an AMI dealer, you will be notified by the dealer of the steps  required, and you will be required to execute the dealer’s purchase agreement.  


You may use the Site to place orders for Accessories. Your order for Accessories  is an offer to buy under these Terms. All orders for Accessories must be  accepted by us. We may choose not to accept any orders for Accessories in  our sole discretion, and we may choose to accept only part of your order. If we  accept your order for the purchase of Accessories, we will send you a  confirmation email with your order number and details of the items you have  purchased. Any order confirmation email received by you prior to our  acceptance shall constitute an acknowledgement of our receipt of your offer  only, and not an acceptance of your offer. Our acceptance of your order and  the formation of the contract of sale between AMI and you occurs when we  send an email to you confirming acceptance of your order (“acceptance”). 

(c) We may cancel your order for Accessories at any time prior to  acceptance, and we will notify you of our decision to do so. You may cancel  your order for Accessories prior to our acceptance by notifying us at If we have collected payment from you prior to  cancellation, we will credit a refund back to the same payment method used to  make the original purchase on the Site.  

(d) While we make every effort to ensure that items appearing on the  Site are available, we cannot guarantee that all Accessories are in stock or  immediately available when you submit your order. In addition, there may be  limits on where we can ship Accessories. We may reject your order for  Accessories in our sole discretion (without liability) if we are unable to process  it, fulfill it or provide it. If we reject an order for any reason, we will refund any  prior payment that you have made for that item, without undue delay. We may  place a limit on the quantities that may be ordered per order, per account, per  credit card, per person, or per household. If Accessories that you ordered are  unavailable, we may contact you to offer you an alternative Accessory. If you  do not choose to order the alternative Accessory, we will cancel your order and,  without undue delay, we will refund any prior payment that you have made for  the cancelled Accessory.  

(e) Pictures shown may vary from the Accessories you order. Product  specifications for Accessories are subject to change without notice.


a) All prices posted on this Site are subject to change without notice. The price  charged for Accessories will be the price in effect at the time the order is  placed and will be set out in your order confirmation email. The final price  charged for any Camper will be set forth in the Camper Purchase Agreement  (if purchased directly from AMI) or in the purchase agreement provided by  our dealer (if purchased from a dealer). Posted prices do not include taxes  or charges for shipping and handling. All such taxes and charges will be  charged to you.

b) We do not warrant that the prices, quotations, anticipated delivery/pickup  dates, and descriptions made or referred to on our Site are accurate, free of  typographical errors, complete, reliable, current, or error-free. We reserve  the right to cancel any orders arising from such errors. Promotional prices  may be offered for select Products and are subject to additional terms  related to such promotion. The prices, quotations and descriptions made on  the Site are subject to availability, do not constitute an offer and may be  withdrawn or revised at any time prior to our express acceptance of your  order (as described above).
c) Terms of payment are within our sole discretion. Payment will be made by  the payment method you select during the order process through the Site. 


a) There is no delivery option for Campers; you must pick up your Camper at  the designated AMI distribution center or at the designated dealer’s  premises. If you are purchasing a Camper directly from AMI, we will notify  you of the date on which we expect the Camper will be available for pick up.  However, there is no guarantee as to the pick-up date, and we will have no  liability for delays. If you are purchasing a Camper from a dealer, the dealer  will contact you to arrange pick up.

b) When placing your order for Accessories on the Site, you may choose to  either pick up the Accessories you purchased at a designed AMI distribution  facility or to have the Accessories delivered to you at your delivery address.  If you have selected to pick up Accessories at an AMI distribution facility, we  will send you additional details for the arrangement of such pick up in a  separate email confirmation. If you have selected delivery of the  Accessories, we will arrange for shipment of the Accessories to you. You are  required to pay all shipping and handling charges specified during the  ordering process.

c) Delivery of Accessories is limited to destinations in the United States of  America. Delivery times vary according to your selected Delivery Address,  availability of your items and the time of day you place your Order for  Accessories. A signature may be required for delivery. Shipping and delivery  dates are estimates only and cannot be guaranteed. We are not liable for  any delays in shipments. If you provide us with an incorrect delivery address,  you must notify us immediately. We reserve the right to charge you for any  extra costs arising from changes you make to the delivery address after you  submit an order.



a) To place a pre-order reservation for a camper, you must make a deposit. If  we accept your pre-order for a camper, we rely on that pre-order to  purchase materials for the assembly of a camper, and we place your pre order into a manufacturing queue. Therefore, unless you cancel your pre order within five (5) business days after placing the pre-order, AMI reserves  the right to retain your deposit if you cancel prior to acceptance.

b) You may return Accessories delivered to you in the event that they are  defective. In the event your claim for a defective Accessory is justified, the  purchase price and the shipping and handling costs will be refunded. For  additional information about returning your Accessories, please contact us  at

c) To the maximum extent permitted under applicable law, you are responsible  for all shipping and handling charges on returned items. You bear the risk  of loss during shipment. We therefore strongly recommend that you fully  insure your return shipment against loss or damage and that you use a carrier  that can provide you with proof of delivery for your protection.  



By submitting a Pre-Order for a Camper or submitting an order for  Accessories, you represent and warrant that:
a) You are an individual consumer located in the United States of America who  is ordering the Product for your own personal use in compliance with these  Terms;
b) You are not impersonating another person;
c) All information supplied by you is accurate and complete, including all credit  card information;
d) You are not utilizing any program or routine to accelerate orders or to make  multiple orders through different accounts to conceal your identity; and
e) If you are making a payment with a credit card, you are authorized to use  such credit card.


Except for the express warranties set forth in our limited manufacturer’s  warranty (if applicable), to the fullest extent permissible under applicable law,  the products that you order from us through the site are provided to you “as  is,” and your use is at your own risk. To the fullest extent permissible under  applicable law, we do not make, and hereby disclaim, any and all express,  implied or statutory warranties, including implied warranties of merchantability,  fitness for a particular purpose, non-infringement of the rights of third parties,  and any warranties arising from a course of dealing, usage, or trade practice.  To the fullest extent permissible under applicable law, all warranties are  personal to you and non-transferable. 

Some jurisdictions do not allow the exclusion of or limitations on implied  warranties, so the above exclusions and limitations may not apply to you. 


To the maximum extent permitted by applicable law, AMI, its affiliates and each  of their directors, officers, employees, consultants, vendors, licensors and  suppliers (collectively, the “AMI parties”) shall not be liable for any damages  suffered under, relating to, arising out of, or claimed to arise out of, these terms  or the products, except for the remedies provided by AMI under the limited  warranty, claims arising from the material breach of these terms by AMI or the  willful misconduct of the AMI parties. In no event shall the AMI parties be liable  for any indirect, extraordinary, exemplary, punitive, special, incidental, or  consequential damages, however arising, whether for breach or in tort, even if  the AMI parties have been previously advised of the possibility of such damage. 

If you have any basis for recovering damages (including breach of these terms)  from any AMI parties in connection with the products or these terms, you agree  that your exclusive remedies are the commercially reasonable efforts of AMI to  repair or correct the product, to accept a reasonable substitute for the product  or to recover from the AMI parties damages up to an amount equal to the cost  of your product, the total fee for the month during which the breach occurred  (or up to $100.00 if the claims relate to any products that are free). 

Some states do not allow the exclusion or limitation of incidental or  consequential damages, so the above exclusions or limitations may not apply  to you. 


To the maximum extent permitted by law, you agree to defend, indemnify, and  hold harmless the AMI Parties from and against any and all third party claims,  actions, suits, or proceedings, as well as any and all losses, liabilities, damages,  costs, fines, and expenses (including reasonable attorney’s fees) incurred by any  AMI Parties arising out of or occurring in connection with: (i) any breach of these  Terms by you; (ii) any uses, decisions, actions or inactions made by you, based  on the Products, including personal injury or death, property damage or harm,  or fine related to the misuse of the Products; and (iii) your negligence, gross  negligence or willful misconduct, **[provided that you shall have no such  obligation to the extent the liability or loss is caused by AMI’s negligence, gross  negligence or willful misconduct or by a manufacturing or design defect in the  Products.]


You will not assign any of your rights or delegate any of your obligations under  these Terms without our prior written consent. Any purported assignment or  delegation in violation of this Agreement is null and void. No assignment or  delegation relieves you of any of your obligations under these Terms. We may  assign these Terms and our rights and obligations, in whole or in part, without  notice to you, to any affiliate or to a successor in interest to the business to  which this agreement relates, whether by merger, sale of stock, sale of all or  substantially all of the assets or otherwise.  


The failure by us to enforce any right or provision of these Terms will not  constitute a waiver of future enforcement of that right or provision. The waiver  of any right or provision will be effective only if in writing and signed by a duly  authorized representative of AMI. 


These Terms do not and are not intended to confer any rights or remedies upon  any person other than you. 


We will not be liable or responsible to you, nor be deemed to have defaulted or  breached these Terms, for any failure or delay in our performance under these  Terms when and to the extent such failure or delay is caused by or results from  acts or circumstances beyond our reasonable control, including acts of God,  flood, fire, earthquake, explosion, governmental actions, war, invasion or  hostilities (whether war is declared or not), terrorist threats or acts, riot or other  civil unrest, national emergency, revolution, insurrection, epidemic, lockouts,  strikes or other labor disputes (whether or not relating to our workforce), or  restraints or delays affecting carriers or inability or delay in obtaining supplies  of adequate or suitable materials, materials or telecommunication breakdown  or power outage.


If any provision of these Terms shall be deemed invalid, void, or for any reason  unenforceable, that provision shall be deemed severable and shall not affect  the validity and enforceability of any remaining provision of these Terms. 


All terms that by their sense are expected to survive the purchase of each  Product and Service by you shall survive, including, without limitation, the terms  of the initial paragraphs and **[Sections Error! Reference source not found. through 25]. 


California users of the Products are entitled to receive the following specific  consumer rights notice: The Complaint Assistance Unit of the Division of  Consumer Services of the California Department of Consumer Affairs may be  contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA  95834, or by telephone at (800) 952-5210. 


To You. We may provide any notice to you under these Terms by: (i) sending a  message to the email address you provide or (ii) by posting to the Site. Notices  sent by email will be effective when we send the email and notices we provide  by posting will be effective upon posting. It is your responsibility to keep your  email address current. 

To Us. To give us notice under these Terms, you must contact us as follows:  (i) by email to ; (ii) by facsimile or (ii) by personal delivery,  overnight courier or registered or certified mail to: Adventurer Manufacturing,  Inc., 3303 West Washington Avenue, Yakima, WA 98903, Attention: Legal. We  may update the email address, facsimile number or address for notices to us  by posting a notice on the Site. Notices provided by personal delivery will be  effective immediately. Notices sent by email will be effective on the date that  the email is received by AMI. Notices provided by facsimile transmission or  overnight courier will be effective one (1) business day after they are sent.  Notices provided by registered or certified mail will be effective three (3)  business days after they are sent. 


The Products provided under these Terms are for your internal use and not for  further commercialization. You acknowledge that some or all of the Products,  including the materials contained thereon, may be controlled or restricted  under the United States Export Administration Laws and Regulations, the United  States Treasury Department, the Office of Foreign Assets Control (“OFAC”), or  other applicable laws and regulations relating to the export of products and  may be subject to the approval of the U.S. Department of Commerce or  Treasury, respectively, prior to export. Any export or re-export of Products by  you, directly or indirectly, in contravention of any export control laws, economic  sanctions or other laws or regulations applicable to you, the Products (“Export  Control Laws”) is prohibited, and you shall comply with such laws and  regulations, including the Export Control Laws of other countries, and you are  responsible for obtaining any required export authorizations, government  approvals and licenses required by any Export Control Laws. The Products will  not be sold for use in, or to parties that are suspected to be involved in, the  development, production, use or stockpiling of weapons of mass destruction;  to entities or individuals on any applicable lists of parties denied export  privileges (including, without limitation,, or to  parties in any embargoed countries. By accessing the Site, and/or purchasing  or using the Products, you represent and warrant that you are not a citizen or  resident of, and are not customarily resident in, any country or region that is  subject to an embargo by the United States government or the European Union,  that you are not listed as a sanctioned party on the list of specially designated  nationals and blocked persons maintained by the United States (including  OFAC) or similar sanction lists maintained by the European Union and other  applicable governments and that you are purchasing and will use the Products  in compliance with all laws governing export control.  


Except as set out below, any claim arising from or relating to these Terms are  governed by the laws of the State of Washington without regard to conflicts of  laws principles.  


All claims and disputes, including all statutory claims and disputes, arising out  of or relating to these Terms or your use of the Products and Service will be  finally resolved by binding arbitration on an individual basis, except that you  and AMI are not required to arbitrate any dispute in which either party seeks  equitable relief for alleged unlawful use of copyrights, trademarks, trade names,  logos, trade secrets, or patents. This means that, except for the equitable relief  described in the previous sentence, neither AMI nor you will sue in court before  a judge or jury, unless you opt out of arbitration as provided below. AMI and you  are also agreeing that no dispute subject to the terms of this Section 24 will be  resolved as a class. Instead, one neutral arbitrator will decide the dispute, and  the arbitrator’s decision will be final except for a limited right of appeal under  the Federal Arbitration Act. The arbitrator may award declaratory or injunctive  relief only for the individual claims between AMI and you. 

The arbitration will be administered by the American Arbitration Association  (“AAA”), in accordance with its rules of practice and procedure (the “Rules”),  except to the extent they conflict with these Terms. If the AAA is not available  to arbitrate, the parties will select an alternative arbitral forum. The AAA  Consumer Arbitration Rules are available online at or by calling  AAA at 1-800-778-7879. Any claims or disputes involving less than US $10,000  may be resolved through binding non-appearance-based arbitration, at the  option of the party seeking relief. For claims or disputes where the amount  sought is US $10,000 or more, the right to an in-person oral hearing will be  determined by the Rules. The arbitrator will be bound to follow applicable  federal and state laws and regulations in deciding all issues and in rendering  any award. AMI and you will be entitled to invoke the rules of discovery  applicable to state court proceedings. The arbitration proceedings will be  conclusive and not appealable, and any party to any award rendered in any  arbitration proceeding will be entitled to have judgment entered on that award.  Any relief awarded in arbitration cannot affect other end users and will be kept  confidential. The number of arbitrators shall be one, selected in accordance  with the Rules, and the language of the arbitration will be English. Unless non appearance arbitration is elected, the arbitration will be held in **[Seattle,  Washington], provided that, if you notify us in writing within 30 days after the  initial notice of arbitration is delivered by a party, you may elect to have the  arbitration be held in Chicago, Illinois or Los Angeles, California. If non 

appearance arbitration is elected, the arbitration will be conducted by phone,  online, written submissions, or a combination of the three, at the election of  the party initiating arbitration, and the arbitration will not involve a personal  appearance by parties or witnesses unless the parties mutually agree otherwise.  If you demand arbitration first, you will pay the claimant’s initial arbitration  filing fees or case management fees required by the Rules up to $125 USD, and  AMI will pay any additional initial filing fee or case management fee.  Notwithstanding any contrary provisions in the Rules but subject to the previous  sentence, each party shall bear its own costs and expenses of the arbitration  and one-half (1/2) of the fees and costs for the arbitrator unless the arbitrator 

determines the fees and costs should be borne by one of the parties. The  arbitrator may not award or assess punitive damages against either party.  

AMI AND YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE,  INCLUDING ARBITRATION AND LITIGATION IN COURT, WILL BE CONDUCTED  INDIVIDUALLY ONLY. Neither AMI nor you will seek to have any dispute heard as  a class action, a class wide arbitration, a private attorney-general action, or any  other proceeding in which either of AMI or you act(s) or propose(s) to act as a  representative for others. AMI and you also agree that no arbitration or other  proceeding will be combined with another arbitration or proceeding without the  written consent of AMI, you, and every other party to that arbitration or  proceeding. Without the written consent of AMI, the arbitrator may not  consolidate or join more than one person or party’s claims and may not  otherwise preside over any form of a consolidated, representative or class  proceeding.  

You may opt out of the arbitration and class actions waiver set forth above by  sending a written notice of your decision to opt-out in accordance with this  Section 24. If you do so, neither you nor AMI can force the other to arbitrate.  To opt out, you must notify AMI in writing no later than thirty (30) days after  first becoming subject to these Terms. Your notice must include your name  and address, the email address you used to purchase the Products, and an  unequivocal statement that you want to opt out of this arbitration. Send your  notice to: Adventurer Manufacturing, Inc., 3303 West Washington Avenue,  Yakima, WA 98903, Attention: Legal. In the event of a dispute between you and  AMI, to invoke your opt-out right, you must retain a copy of your opt-out notice,  as well as proof of mailing of your opt-out notice within the prescribed period.  

If you elect to opt out, each of you and AMI irrevocably (i) consents to the  exclusive jurisdiction and venue of the state and federal courts located in  Yakima County, Washington in connection with any matter arising out of these  Terms, (ii) waives any objection to such jurisdiction or venue, (iii) agrees not to  commence any legal proceedings related hereto except in such courts, (iv)  consents to and agrees to accept service of process to vest personal jurisdiction  over it in any such courts and (v) waives any right to trial by jury in any action  in connection with these Terms. 


This Section 24 may be changed from time to time in accordance with the  preamble of these Terms. For purchases of Products, the version of this Section  24 in force at the time of your purchase will govern. If you did not opt out of  mandatory arbitration as provided above, you may reject any change we make 

to this Section 24 by sending us notice within thirty (30) days after first  becoming subject to the amended Terms. Send your notice rejecting changes  to this Section 24 to: Adventurer Manufacturing, Inc., 3303 West Washington  Avenue, Yakima, WA 98903, Attention: Legal. In the event of a dispute between  you and AMI, to invoke your right to apply an earlier version of this Section 24,  you must retain a copy of your rejection notice, as well as proof of mailing of  your rejection notice during the period of time in which you intend to pursue  any claim. AMI reserves the right to make additional amendments to this  Section 24. If you wish to reject additional changes to this Section 24, you must  notify us in accordance with this Section 24 for each change in accordance with  the terms hereof.  


Your order, our order confirmation, these Terms, the Terms of Use and Privacy  Policy on the Site will be deemed the final and integrated agreement between  you and us on the matters contained in these Terms. If there is a conflict  between these Terms and the Terms of Use and Privacy Policy, the Terms of  Use and Privacy Policy shall have precedence with respect to the subject matter  covered by it, and otherwise these Terms shall have precedence. 

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