Updated November 2016
1. Manufacturer’s limited warranty
1.1 The Supplier warrants to the Customer, subject to the terms and conditions set out in this Limited Warranty, that the Products are free from any defect in the materials selected and manufacturing processes employed in the production of the Products.
1.2 This Limited Warranty shall be made by the Supplier in respect defects arising in each Product sold to the Customer during the period of one (1) year from the earlier of the:
1.2.1 date on which the Product is resold by the Customer or its trade customer to the first retail customer;
1.2.2 date on which the Product is first used,
1.3 This Limited Warranty only applies to warranty claims made by the first retail customer upon presentation of the original sales receipt, which must show the date on which such customer purchased the Product (the “Initial Purchase Date”). Where the first retail customer is unable to provide proof of the Initial Purchase Date, the warranty period shall commence from the manufacturing date of the Product.
1.4 If the Supplier replaces a Product in accordance with paragraph 4, the replaced Product shall continue to be warranted for the residual term of the Warranty Period.
2. Making a warranty claim
2.1 In the event that the first retail customer raises a claim against the Customer on grounds of damage or defects in a Product, the Customer’s recourse to the Supplier is limited as follows:
2.1.1 a claim requires that the Customer has met all obligations set out in this Limited Warranty. If the Customer has not met all the obligations set out in this Limited Warranty, the Customer shall not have recourse to the Supplier; and
2.1.2 recourse by the Customer to the Supplier requires that the respective damage or defect in the Product existed already at the time when the Product was sold by the Supplier to the Customer.
2.2 The Customer must inspect each delivery of Products immediately upon receipt for any apparent defects or damage. Defects or damage that would be apparent from an inspection must be notified to the Supplier in writing and any related claim made within 7 days of receipt of the delivery.
2.3 All other defects or damage must be notified to the Supplier in writing in accordance with this paragraph 3 of this Limited Warranty and any related claim made as soon as practicable after discovery but prior to the expiry of the Warranty Period.
2.4 The Customer must complete and send to the Supplier, via e-mail, the warranty claim form made available by the Supplier to the Customer (the “Warranty Claim Form”) within 2 months from the date on which the defect or damage is discovered.
2.5 The Customer must provide to the Supplier, along with the Warranty Claim Form, the following information:
2.5.1 precise Product identification such as the exact name and serial number of the product;
2.5.2 the original sales receipt, which must show the Initial Purchase Date; and
2.5.3 a clear description of the problem or defect, along with clear photos of the problem or defect.
2.6 All claims must be made in writing through the supply-chain, meaning first retail customer to dealer to distributor to Customer to Supplier.
2.7 The mere presumption of damage or defects shall not constitute suficient ground for making a claim against the Supplier, but shall extend the obligation of the Customer to examine the delivered goods.
2.8 The Supplier has the right to designate the requirements for making a claim under this Limited Warranty from time to time.
3. Repair, replacement or credit
3.1 The Supplier reserves its right to investigate any claimed damage or defect in a Product by inspecting and testing the relevant Product. When the Customer has a valid warranty claim, the Supplier may choose either to repair or to replace the Product or to credit the Customer’s account.
3.2 The warranty is void if any unauthorized repair, change or modification of any part of the Product has been made by anyone other than the Supplier or its authorised agent.
3.3 If the Supplier considers a Product a “total loss“ because the costs of repair or replacement would be unreasonable or disproportionate, the Supplier shall credit the Customer’s account with, or refund to the Customer, the full purchase price paid for the Product. Once the Supplier has credited or refunded to the Customer the full purchase price ownership of the relevant Product shall revert to the Supplier. If the Product is in the possession of the Customer, the Supplier may either demand return of the defective Product at its cost or require destruction of the Product with proof (serial number).
4.1 This Limited Warranty does not apply to Second Choice Products, which are sold conditional on the Customer’s acceptance of all defects apparent at the time of sale.
4.2 Any claim attributable to any damage or defect in a Product already sold by the Customer to its customer shall be, at the Supplier’s sole discretion, excluded from the Limited Warranty if the Product has not been returned to the Customer by its customer.
4.3 This Limited Warranty shall not apply to any damage or defect to a Product caused by, or comprising, any of the following:
4.3.1 collisions, impacts with any materials or objects, abuse, misuse, negligence or accidental damage, including use on jump ramps or sliders;
4.3.2 repairs, alterations and/or modifications to the Product not carried out by the Supplier or one of its authorised agents;
4.3.3 transportation, including without limitation, loading, unloading, dropping and out-of-water handling;
4.3.4 heel dents;
4.3.5 at landings;
4.3.6 marginal variations in colour or design of a Product which do not affect the suitability of the Product for its intended use
4.3.7 non-recreational private use including competitions, professional riders, commercial rental centers, or teaching operations;
4.3.8 inappropriate or improper storage or handling, including storage of the Product in closed, damp conditions (for example a wet board bag);
4.3.9 exposure to temperatures over 60 and under 0 degrees Celsius, as well as excessive exposure to sunlight;
4.3.10 forces of nature, including, without limitation, waves, shore breaks, earthquakes or fires;
4.3.11 continued use of a Product after the discovery of a defect;
4.3.12 use of a larger fin than specified;
4.3.13 storage or transport of a Product with a closed air-vent or failure to close the air-vent valve during use;
4.3.14 improper mounting or adjustment of any accessories, footstraps, bindings, fins and hydrofoils;
4.3.15 normal wear and tear; and
4.3.16 anything except manufacturing defects in materials and workmanship.
4.4 This Limited Warranty only covers Products sold by the Supplier. The Supplier is not liable for any damage or defect in fins, kites, masts, booms, sails, harnesses, bindings, accessories and spare parts or other items not manufactured by it, nor for any damage or defect caused by additional products it has not manufactured that may be sold with the Supplier’s Product. Further the warranty does not cover any damage or defect caused to the Product as a result of any misuse, abuse or negligence in connection with any fins, kites, masts, booms, sails, harnesses, bindings, accessories and spare parts or the like.
4.5 The liability of the Supplier for any special, consequential or economic loss or damage to property or any personal injury or death is expressly excluded unless caused by the Supplier’s fraud, gross negligence or wilful default. In the case of fraud, gross negligence or wilful default, the liability of the Supplier for special, consequential or economic loss or damage to property shall be limited to foreseeable, direct damage and loss.
4.6 There are no other express warranties in respect of the Products. All implied warranties, including without limitation, the implied warranties of merchantability and tness for a particular purpose shall be limited to the duration of the Warranty Period. No warranties, whether express or implied, will apply after the expiry of the Warranty Period.
4.7 Some jurisdictions do not allow limitations on the duration of an implied warranty and/or the exclusion or limitation of incidental or consequential damages, so the limitations and exclusions in paragraph 5.7 and 5.8 may not apply to the Customer. The Supplier’s obligations under this Limited Warranty shall be limited, to the greatest extent allowed by law. This limited warranty gives the Customer specific legal rights; the Customer may also have other rights, which vary from one jurisdiction to another.
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