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LIMITED MANUFACTURER WARRANTY
PRIVACY POLICY
This Limited Manufacturer Warranty is at all times subject to our Privacy Policy available at https://www.brunswick.com/privacy-policy.
MODIFICATIONS & SEVERABILITY
The terms and conditions contained herein, as well as those of any documents prepared in conjunction with the sale of our Fliteboard Products may not be modified, altered or waived by any action, inaction, or representations, whether oral or in writing, except upon the express written authority of a management level employee of Fliteboard. The invalidity or unenforceability of any one or more of the provisions herein shall not affect the validity and enforceability of the other provisions.
THE FOLLOWING SECTION IS APPLICABLE TO AUSTRALIAN CONSUMERS ONLY
Fliteboard Products come with guarantees that cannot be excluded under the Australian Consumer Law. Retail owners are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. Retail owners are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
This Limited Manufacturer Warranty does not cover any expenses that retail owners may incur claiming the warranty. The benefits to retail owners given by this Limited Manufacturer Warranty are in addition to other rights and remedies of the consumer under a law in relation to the goods or services to which the Limited Manufacturer Warranty relates.
THE FOLLOWING SECTION IS APPLICABLE TO EMEA CONSUMERS ONLY
Fliteboard Products come with guarantees that cannot be excluded under EU and/or local Consumer Law. For the avoidance of doubt, this Limited Manufacturer Warranty does not in any way adversely affect any possible right and/or protection the retail owner may have under said applicable legislation.
SAFETY
It is your responsibility (as well as the responsibility of any other user) to be familiar with and observe all laws, rules and local regulations regarding use, navigation and waterway safety. It may be necessary to obtain registration, a licence or permit to use Fliteboard Products. For your safety and that of others, please ensure that you obtain proper training or practice before operating.
Personal flotation devices and helmets should be worn.
Fliteboard Pty Ltd, Fliteboard Europe B.V and Fliteboard USA, LLC (together, “Fliteboard”) provide the following Limited Manufacturer Warranty to retail owners of its Fliteboard efoils (“Fliteboard Products”) if purchased from an authorized Fliteboard reseller, or directly from Fliteboard, and operated under normal, non-commercial use, Fliteboard will repair or replace, at its sole discretion, any defect in material or workmanship in the Fliteboard Products that is reported within the applicable Limited Manufacturer Warranty periods and within the scope as set out below.
Mandatory warranty rights, including a consumer’s mandatory statutory rights, by law are not affected by the following Limited Manufacturer Warranty and in particular are not limited or excluded. These mandatory legal rights exist regardless of whether a warranty claim occurs or rights are asserted under the following Limited Manufacturer Warranty.
SCOPE
This Limited Manufacturer Warranty applies to Fliteboard Products for recreational use customers only (not commercial users). Commercial use, which voids the Limited Manufacturer Warranty, is defined as any use of the Fliteboard Products which generates income, even if the product is only occasionally used for such purposes.
Routine maintenance outlined in the User Manual and any other included documentation must be performed in a timely manner in order to maintain Limited Manufacturer Warranty coverage.
This Limited Manufacturer Warranty applies to the following items:
1. This Limited Manufacturer Warranty lasts for 2 years from the date your Fliteboard Product(s) are shipped to you (“Purchase Date”). Fliteboard warrants its new Products to be free of defects in materials and workmanship for that period.
2. Replacement Parts are covered under a 6-month warranty from the date of installation where installed outside the Limited Warranty period, in all other instances any warranty on replacement parts ends on the same date as the Limited Warranty.
When a Warranty claim is valid, none of the exclusions below apply and it is not otherwise covered by a local law (see above), Fliteboard will take one of the following actions, at our discretion:
· supply you with a replacement product (in the case of a part, a replacement of the relevant part which is defective) free of charge in the same quantity as was initially purchased;
· repair the defective product; or
· pay for the cost of repairing the product or supplying the replacement product.
EXCLUSIONS
This Limited Manufacturer Warranty does not apply to any Fliteboard Product which has been salvaged or declared a total loss or constructive total loss for any reason not covered in this Limited Manufacturer Warranty.
This Limited Manufacturer Warranty in particular does not apply to the following items:
1. damage caused by vandalism, maltreatment, interference and neglect from the Purchase Date;
2. damage resulting from use that does not follow the User Guide or any care and maintenance instructions provided by Fliteboard (including without limitation the failure to replace consumables such as end cap seals and o-rings, shims and fuselage covers as directed in the maintenance instructions);
3. damage or deterioration of cosmetic surface finishes, including scratches, gouges, chips, discoloration, fading or oxidation, corrosion of plated or painted metal and stainless steel finishes, or components, including where caused or contributed to by excessive exposure to direct sunlight, extreme temperatures or prolonged saltwater exposure;
4. damage or failure to components caused by corrosion;
5. damage resulting from maintenance that is not in accordance or compliance with the Fliteboard maintenance procedure or service schedule, including but not limited to torque settings;
6. damage caused by incorrect storage or transportation of Fliteboard products (including but not limited to, storage of batteries);
7. damage caused by the use of accessories that are not manufactured or otherwise approved by Fliteboard;
8. damage resulting from use of the product for which it is not designed;
9. damage resulting from use of a product in which the seal of any kind is broken;
10. damage sustained by not complying with the outlined service schedule;
11. any Fliteboard Product initially sold at retail by a party other than an authorized reseller or Fliteboard;
12. a product that has been modified or repaired by someone other than by Fliteboard or a person authorised by Fliteboard to do so;
13. any Fliteboard Product used for Commercial Purposes (including but not limited to any for-profit use);
14. any representation or implication relating to speed, range, power consumption or estimated performance characteristics;
15. damage caused by or resulting from normal wear and tear, negligent use, wilful misconduct or malicious or improper use, including but not limited to errors or omissions made by you or another person using the product, use in unsafe locations, and/or use in unsafe conditions, such as inclement weather or otherwise not in accordance with any manual(s) and/or instructions provided with the product;
16. personal injury, death, property damage or economic loss, however caused; and
17. Warranty claims made outside two (2) months from when you became aware of the defect or material damage, or from when a reasonable person should have become aware of the defect or material damage.
COMMERCIAL USE WARRANTY
For any Fliteboard Product used for commercial or revenue-producing purposes, the terms of this warranty will be void.
ENVIRONMENTAL POLICIES
In keeping with environmental policies and practices, Fliteboard reserves the right to utilize reconditioned, refurbished, repaired or remanufactured products or parts in the warranty repair or replacement process. Such products and parts will be comparable in function and performance to an original product or part and warranted for the remainder of the original warranty period
ACCESS FOR SERVICE
The owner must provide Fliteboard with a reasonable opportunity to repair, and reasonable access to the Fliteboard Products for warranty service. Warranty claims shall be made by delivering the Fliteboard Products for inspection to Fliteboard or to an authorised reseller authorized to service the product. If the owner cannot deliver the product to such a dealer, written notice must be given to Fliteboard. Fliteboard will then arrange for the inspection and any covered repair and the owner shall pay for all related transportation charges and/or travel time.
If you think you have a warranty claim, please contact us using the details below. We will step you through the process of determining whether you have a valid warranty claim. This will usually involve working with you via photographs and videos to assess the nature and extent of the issue.
All Warranty determinations will be made by us in accordance with this Warranty and will be final.
When a Warranty claim is valid, and none of the exclusions below apply and it is not otherwise covered by a local law (see below), Fliteboard will take one of the following actions, at our discretion:
1. supply you with a replacement product (in the case of a part, a replacement of the relevant part which is defective) free of charge in the same quantity as was initially purchased;
2. repair the defective product; or
3. pay for the cost of repairing the product or supplying the replacement product.
Fliteboard can be contacted at:
Americas
EMEA
AU/ROW
Fliteboard USA, LLC
860 Harbor Way South
Richmond CA 94804
+1 833 359 0940
support@fliteboard.com
Fliteboard Europe, B.V
Tt. Vasumweg 114, 1033 SH Amsterdam, Netherlands
+31 648 013 732
Fliteboard Pty Ltd (ACN 621 061 569)
18 Banksia Drive. Byron Bay
NSW 2481
+61 2 5118 9888
STATUTE OF LIMITATIONS
Without prejudice to your mandatory statutory rights, any action for rescission or revocation against Fliteboard shall be barred unless it is commenced within one (1) year from the date of accrual of such cause of action, this provision does not grant any consumer a right of rescission or revocation against Fliteboard, where such right does not otherwise exist under applicable law. Some jurisdictions may not allow the applicable statute of limitations for rescission or revocation to be reduced, so this provision may not apply to each retail owner. This section shall not apply to Fliteboard Products purchased in Australia.
OWNER’S OBLIGATIONS
The original owner or any subsequent should contact Fliteboard or an authorised reseller to schedule an appointment for warranty repairs. The owner must notify Fliteboard of any Fliteboard Products being repaired by an authorized reseller which has been at the dealership for fifteen (15) days, or of any claimed defect which was not corrected after one repair attempt. Fliteboard must receive written notice of any warranty claims from the owner prior to the expiration of the owner’s Limited Manufacturer Warranty, and the owner must allow Fliteboard an opportunity to repair or replace on the terms of this Limited Manufacturer Warranty.
REGISTRATION & WARRANTY TRANSFER POLICY
The limited warranty coverage is activated by you or an authorized reseller registering the Fliteboard Products with us after purchase, including via our Flite App. The unexpired transferrable provisions of the Fliteboard Limited Manufacturer Warranty may be transferred to subsequent owners. The Limited Manufacturer Warranty will not transfer to any subsequent owner of a Fliteboard Product which has been salvaged or resold after declaration of a total loss or a constructive total loss, i.e., the cost of repair exceeds the value of the Fliteboard Products. Notwithstanding anything in this Limited Manufacturer Warranty to the contrary, Fliteboard reserves the right to reject any warranty transfer Fliteboard Products that have been damaged, neglected, or otherwise previously excluded from warranty.
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