Limited Warranty Statement
This is the Boost Surf Inc. limited warranty (“Limited Warranty”) for the Boost Fin - Electric Surf Fin and accessories for it (“Product”). This Limited Warranty describes the service available to you in the event your Product requires warranty service, and you may have additional protections under your local laws. This warranty gives you specific legal rights, and you may also have other rights which vary from country to country and state to state.
1. Limited Warranty Period
This Limited Warranty covers all defects in material and workmanship of the Product arising or occurring as a result of your normal and ordinary use of the Product. In the event a defect covered by this Limited Warranty occurs, Boost Surf Inc. will repair or replace your Product in accordance with the terms of this Limited Warranty. The applicable period for the Limited Warranty begins from the original purchase date of the Product from the Boost Surf Inc. or Boost Surf Inc. authorized dealer/representative in the following ways:
- Boost Fin ------------- 1 year world (2 years for Europe)
- Battery ---------------- 180 days
During the warranty period, the Boost Surf Inc. or Boost Surf Inc. authorized dealer/representative service and repair centers will repair or replace defective parts with new parts or, at the option of Boost Surf Inc., serviceable used parts that are equivalent or superior to new parts in performance. Boost Surf Inc. makes no other warranties or representations as to the performance of the Products.
2. Limited Warranty Service Process
In order to submit your Product for warranty service pursuant to this Limited Warranty, you will be asked to provide Boost Surf Inc. or a Boost Surf Inc. authorized dealer/representative with (1) the proof of purchase from an authorized retailer; and (2) the Product’s serial number. Upon verification of your eligibility, you will need to provide your name, email address, mailing address and contact telephone number in order to receive a return materials authorization (“RMA”) number. Boost Surf Inc. must receive your defective Product within thirty (30) days from Boost Surf Inc issuance of an RMA to you. Boost Surf Inc. may direct you to a designated third party for warranty repairs.
You will be responsible for the cost of shipping and insuring the shipment of your Product to Boost Surf Inc., and you assume the risk of loss in the event your Product is lost or damaged during shipment from you to Boost Surf Inc. You must include your defective Product within the original packaging or Boost Surf Inc. approved packaging, which will be provided at a cost, for the shipment of the Product to Boost Surf Inc. Boost Surf Inc. is not responsible for any damages caused by your improper packaging or shipment of the Product to Boost Surf Inc.
An authorized service provider will conduct an inspection of your Product. If Boost Surf Inc. determines that the problem is not covered under the Limited Warranty, Boost Surf Inc. will notify you and inform you of service or replacement alternatives that are available to you on a fee basis, or Boost Surf Inc. will return your Product to you unrepaired, and in such instance, you will be responsible for the cost of shipping and insuring the shipment of your Product from Boost Surf Inc. to you.
For eligible warranty claims, Boost Surf Inc. will service defective Product with new or reconditioned parts of the same or similar style at no cost to you for the service. Parts replaced by Boost Surf Inc. will be retained by, and become the property of Boost Surf Inc. For eligible warranty claims, Boost Surf Inc. will pay reasonable return shipping charges for the return of the Product to you.
3. Limited Warranty Eligibility
3.1 Your request for service must be received by Boost Surf Inc. within the Limited Warranty Period as described and Boost Surf Inc. must receive your Product in accordance with the Limited Warranty Service Process.
3.2 Your Product must be purchased from Boost Surf Inc. or Boost Surf Inc. authorized dealer/representative.
3.3 You must retain the original purchase receipt and your Limited Warranty, and provide this documentation to Boost Surf Inc. to verify your warranty eligibility.
3.4 This Limited Warranty describes the service available to you in the event your Product requires warranty service.
3.5 Your Product must have the serial number clearly legible, unobscured, uneffaced and unmodified.
3.6 Your Product must have its tamper-resistant seals in place and unmodified.
4. Liability Disclaimer and Limitation
Boost Surf Inc. doesn’t assume, or authorize anyone to assume on its behalf, any other obligation or liability in connection with a Product, its component parts, accessories, service repair, or this Limited Warranty. Boost Surf Inc. is not responsible for any loss of use of a Product, its component parts, accessories, or for any inconvenience or other loss or damage which might be caused from any defect in a Product, its component parts, accessories, service repair, or for any other incidental or consequential damages the purchaser may have as a result of any defect in a Product, its component parts, accessories, or service repair. Boost Surf Inc. is not liable for any claim made by a third party or made by you for a third party. This limitation applies whether damages are sought, or a claim made, under this warranty or as a tort claim (including negligence and strict product liability), a contract claim, or any other claim. This limitation can not be waived or amended by any person. This limitation of liability will be effective even if Boost Surf Inc. or an authorized Boost Surf Inc. dealer/representative has been advised by you of the possibility of any such damages.
This limited warranty is the only warranty applicable to product and its component parts, accessories, and service repair. Boost Surf Inc. disclaims all other warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose, other than those warranties implied by and incapable of exclusion, restriction, or modification under applicable law. Any such implied warranties which may be required by law and are not disclaimed hereby are limited, to the extent allowed by law, to the applicable period of this limited warranty, or to the applicable time period provided by the applicable country/state law, whichever period is shorter. Some countries/states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some countries/states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to some purchasers.
Boost Surf Inc. total and aggregate liability for all claims, joint and severally, arising hereunder and any and all applicable warranties at law are limited to the repair or replacement of any defective product, as determined in Boost Surf Inc. discretion, and all incidental and consequential damages are hereby excluded, unless such limitations and exclusions are prohibited by applicable law.
5. Limited Warranty Exclusions
This Limited Warranty describes the service available to you in the event your Product requires warranty service, and you may have additional protections under your local laws. This Limited Warranty does not cover and excludes damage to your Product:
5.1 Caused by abuse, misuse, neglect or commercial use.
5.2 Product purchased from anyone other than Boost Surf Inc. or a Boost Surf Inc. authorized dealer/representative.
5.3 Caused by any repair or replacement of warranted parts that was unauthorized by Boost Surf Inc.
5.4 That is cosmetic, including scratches, dents and the removal of protective coatings that are designed to diminish over time, unless such damage occurred due to a defect in materials.
5.5 Caused by the use of the Product with, or any modification to the Product using, any third party product, component or accessory that is not sold by Boost Surf Inc.
5.6 Caused by improper charging, storage or operation.
5.7 Caused by the outside the product’s usage or storage parameters.
5.8 Caused by accident, collision, riding over obstacles, racing, fire, water submersion, high pressure water spray, freezing, earthquake, dropping, severe oxidation, or chemical solvent corrosion.
5.9 Caused from improper packaging or mishandling during shipment to the warranty-service provider.
5.10 Caused from use of parts not manufactured or sold by Boost Surf Inc.
5.11 That does not arise from Boost Surf Inc. product-design, technology, manufacturing or quality.
5.12 Caused by war or terrorist attack.
6. Claims and Dispute Resolution
Boost Surf Inc. and you agree that all claims or disputes arising in any way from this limited warranty or the sale, condition or performance of the product, whether based in contract, tort, statutory, fraud, misrepresentation or any other legal theory, and all claims that are subject of a purported class action litigation that you are not a member of the certified class, shall be resolved through arbitration as provided for herein, or in small claims court, and not by a trial by jury. You waive the right to a trial by jury, and waive the right to participate in class actions arising from or relating to any and all claims and disputes with Boost Surf Inc. You agree that you may arbitrate claims against Boost Surf Inc. only in your individual capacity, and not as a plaintiff, a class representative, or class member in any class or representative proceeding. This agreement evidences a transaction in interstate commerce, and thus the federal arbitration act governs the interpretation and enforcement of this provision. This paragraph shall survive the termination of this limited warranty. Boost Surf Inc. requires that you arbitrate your claims against Boost Surf Inc. pursuant to the arbitration described below prior to your exercise of your rights pursuant to Title I of the Magnuson-Moss Warranty Act. Title I of the Magnuson-Moss Warranty Act does not require you to pursue rights and remedies available to you that are not provided by title I of the Magnuson-Moss Warranty Act. Any such arbitration shall not be combined or consolidated with a claim or dispute involving any other person’s or entity’s product or claim or dispute, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action or class arbitration.
If you intend to seek arbitration, you must first send to Boost Surf Inc., by certified mail, a written notice of dispute at least thirty (30) days in advance of initiating the arbitration. The notice to Boost Surf Inc. should be addressed to: Boost Surf Inc., 21020 Pacific City Cir #2103 Huntington Beach, CA, 92648. The notice must include: (i) a description of your claim and the basis of the dispute; and (ii) a description of the relief you are seeking.
You may opt out of this dispute resolution procedure by providing notice to Boost Surf Inc. no later than thirty (30) calendar days after the date of the first consumer purchaser’s purchase of the product. To opt out you must send notice by email to Boost Surf Inc. at [email protected], with the subject line: “Arbitration Opt Out.” The opt out notice by email must include (a) your name, email address, mailing address and phone number; (b) the date on which the product was purchased; (c) the product model name or model number; and (d) the Serial Number. Opting out of this dispute resolution procedure will not affect the coverage of the Limited Warranty in any way, and you will continue to enjoy the benefits of the Limited Warranty.