LIFT FOILS LIMITED WARRANTY
This Lift Foils Limited Warranty applies to the Lift Foils product purchased from Lift Foils or its authorized retailers or resellers for personal use and not for resale. The purchaser or user of the Lift Foils product at issue (the “Product”) shall be referred to as “you” in this Limited Warranty.
By using the Lift Foils Product, you agree to be bound by this Limited Warranty.
What Does My Warranty Cover?
Under this Limited Warranty, Lift Foils warrants for the coverage period that the Product will be free from material and workmanship defects under normal use in accordance with Lift Foils’ published product materials. Lift Foils’ published product materials include, but are not limited to, user manuals, safety guidelines, specifications, in-app notifications, and service communications from Lift Foils or its authorized representatives.
How Long Does My Warranty Coverage Period Last?
The coverage period begins the date of retail purchase of the Lift Foils Product and ends:
- Two years for components comprising the board, as are further be described in the Product’s manual(s);
- Two years for all components comprising the foil and wing, as may further be described in the Product’s manual(s)
What Service Will Lift Foils Provide Under the Warranty?
If a covered defect arises during the coverage period, Lift Foils will, at its option, (1) repair the affected Product at no charge using new parts or parts that are equivalent to new in performance and reliability, (2) exchange the affected Product with a functionally equivalent Product that is new or formed from new and/or previously used parts that are equivalent to new in performance and reliability or, with your consent, a Product that is at least functionally equivalent to the Product it replaces; or (3) a refund the original purchase price for the affected Product.
How Do I Get Warranty Service?
If a Product does not function as warranted during the coverage period, you may obtain after-sales service by contacting Lift Foils at the email address located in the owner’s manual or as published on Lift Foils’ website. You will need to provide a valid proof-of-purchase, receipt, or order number for the warranty service.
What Service Will Lift Foils Provide?
Lift Foils will first attempt to diagnose and resolve your problem by telephone, e-mail, or online chat. Lift Foils may direct you to download and install particular software updates.
If your problem cannot be resolved over the telephone, through e-mail, or online chats, or through software updates, you may be required to deliver the Product to Lift Foils for further examination. Lift Foils will arrange for repair or replacement service at no cost if the problem falls under this Limited Warranty. Customer is responsible for shipping expenses at Lift Foils discretion for repair services.
What is Not Covered by My Warranty?
This policy does not cover the following:
1) Damage caused by unauthorized modification or repair of the Product, including, but not limited to, modification of its internal circuitry, components, or battery(ies);
2) Damage caused by misuse and/or improper use, or operation that is contrary to the guidance of the Product’s manual(s);
3) Failure to properly maintain and care for the Product and its components in accordance with the instructions found within the Product’s manual(s);
4) Damage caused from the use of unauthorized or unauthenticated third-party parts, materials, or components;
5) Damage caused by operating the Product with a low charged battery;
6) Damage caused due to crash, physical impact, or fire resulting from non-manufacturing factors, including but not limited to, user error, use in unsafe locations, and/or use in unsafe conditions, such as inclement weather;
7) Damage caused by operating the Product in an environment suffering from interference from other wireless devices or electromagnetic interference;
8) Error-free operation of a Product;
9) Loss of, or damage to, your data;
10) Any software programs, whether provided with the Product or installed subsequently;
11) Damage or defects caused by collisions, abuse, misuse or accidental damage;
12) Damage or defects caused by transport, loading, unloading, dropping, out of water handling, or inappropriate storage including, but not limited to, damage or defects caused by exposure to temperatures over 70’C and under 0’C or due to direct sunlight;
13) Damage or defects caused by non-recreational use;
14) Damage or defects caused by usage of the Product after a warranty issue is made or reported, or a customer reasonably should have made or issued such a claim in the exercise of reasonable diligence;
15) Any damage except manufacturing defects in material or workmanship;
16) Damage caused by lightning, hail, rain, flooding, wind, sand, floods or other environmental or natural conditions or Acts of God; and/or
17) Damage caused by cleaning products not specifically approved in the product’s manual(s).
WAIVER OF LIABILITY
Obligations During Warranty Service:
WHEN PROVIDING WARRANTY SERVICE, LIFT FOILS IS RESPONSIBLE FOR LOSS OR DAMAGE TO YOUR PRODUCT ONLY WHILE IT IS IN LIFT FOILS’ POSSESSION OR IN TRANSIT, IF LIFT FOILS IS RESPONSIBLE FOR TRANSPORTATION. LIFT FOILS SHALL NOT BE HELD RESPONSIBLE FOR LOSS OR DISCLOSURE OF ANY DATA, INCLUDING CONFIDENTIAL INFORMATION, PROPRIETARY INFORMATION, OR PERSONAL INFORMATION, CONTAINED IN A PRODUCT.
Waiver of Liability and Limitation of Liability:
The following waiver of liability and limitation of liability shall apply to any and all users of the Product and shall apply regardless of whether the Product was purchased from Lift Foils or its authorized retailers or resellers. Use of the Product signifies the user’s acceptance of and agreement to the following waiver of liability and limitation of liability.
LIFT FOILS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COST OF COVER, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR ATTORNEYS’ FEES REGARDLESS OF THE TYPE OF CLAIM (INCLUDING CLAIMS FOR NEGLIGENCE AND NEGLIGENCE PER SE, EVEN IF THE CLAIM ARISES OUT OF OR RELATES TO LIFT FOILS’ SOLE, EXCLUSIVE, OR JOINT NEGLIGENCE), ARISING OUT OF OR RELATING, IN ANY WAY, TO THIS AGREEMENT OR THE USE OF LIFT FOILS’ PRODUCTS. UNDER NO CIRCUMSTANCES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, SHALL LIFT FOILS BE LIABLE FOR THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES OR LOSS, DAMAGE OR DISCLOSURE OF YOUR DATA. LIFT FOILS’ AGGREGATE LIABILITY IS IN ALL EVENTS LIMITED TO FIVE (5) TIMES THE AMOUNT PAID FOR THE PRODUCT AT ISSUE HEREUNDER, WHETHER THE CLAIM ARISES UNDER CONTRACT, STATUTE, OR COMMON LAW.
LIFT FOILS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, WARRANTY OF NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT SUCH WARRANTIES CANNOT BE DISCLAIMED, LIFT FOILS LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT LIFT FOILS’ OPTION, THE REPAIR OR REPLACEMENT SERVICES PROVIDED IN THIS LIMITED WARRANTY.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
What Other Rights Might I Have?
This Limited Warranty provides you with certain specific legal rights, but also limits certain liabilities of Lift Foils. You may have additional or different rights depending on your jurisdiction or the applicable governing authority. To the extent that the laws or regulations governing consumer products in your jurisdiction cannot be waived or limited by agreement, this Limited Warranty shall not be construed to so waive or limit such laws or regulations.