Statement of Warranty and Warranty Policies
Maddle hereby provides a non-assignable, non-transferable, limited warranty (the “Limited Warranty”) to the original consumer-purchaser (“You, “Your” or “Buyer”) of Maddle products against material manufacturer defects arising from normal use of the products with competent supervision purchased from Maddle (Paddle boards shall hereinafter be referred to as “Paddle Board Products,” accessories related thereto shall be hereinafter referred to as “Accessory Products,” and collectively, the Paddle Board Products and Accessory Products shall be referred to hereinafter as the “Products”). This Limited Warranty is subject to the exclusions, terms and conditions described in this Statement of Warranty and Warranty Policies. You undertake to, immediately upon receipt of the Product, inspect and report any manufacturer defects as soon as practicable.
For the purposes of this Statement of Warranty and Warranty Policies, the capitalized terms herein definitions herein have the meanings ascribed to them in this Statement of Warranty and Warranty Policies.
The Limited Warranty extends exclusively for the following periods of time:
- 12 months from the earlier of (1) the date of purchase or (2) the date of shipment of the Paddle Board Products;
- 12 months from the earlier of (1) the date of purchase or (2) the date of shipment of the Accessory Products.
[NTD: Kindly clarify whether the Maddle Board, Electric Pumps and Accessory Products included with SUP package fall into one of the two categories above. If they do not, the terms should be defined in the first paragraph hereto.]
The Limited Warranty extends exclusively to the following manufacturer defects:
- Seam leaks
- Excessive workmanship defects
- Extracted handles
For greater certainty, this Limited Warranty does not extend to damage resulting from the following and Maddle makes no warranties, express or implied, with respect to the following:
- Improper installation, maintenance, and operation of the Products.
- Misuse of the Products and any other damage caused by using the Product for a purpose for which it was not designed.
- Use of any Product for commercial purposes.
- Products that were lost or stolen including a Product sinking for any manner whatsoever.
- Products filling with water, in any manner whatsoever.
- Damage caused by impact to rocks, docks, shore-pound etc.
- Damage caused by normal wear and tear, such as any and all fading, chips or cracks.
- Damage or defects caused by inappropriate storage in temperatures over 90°F and under 32°F.
- Indents/texture on the surface of the Products that is a result of the drop stitching construction.
- Damage caused by transporting any Product on the top of a car.
- Damage to fin or fin box caused by impact to the fin.
- Damage caused by overexposure/storage in direct sunlight.
- Damage caused by mishandling the Product, in any manner whatsoever, including but not limited to, mishandling that may occur on airline travel, by way of improper loading/unloading into trucks or other vehicles, by way of rolling or dragging on concrete, by way of shipping, etc.
- Force majeure, Acts of God, fire, natural disaster, casualty or any other unforeseeable event.
- Damage to the valve caused by loosening the valve to deflate the Product.
- Uses of a Product in ways, including any aftermarket modifications made to the Product, other than as expressly provided by the instruction manual or any other documentation accompanying the Product.
For greater certainty, this Limited Warranty does not extend to the following circumstances and Maddle makes no warranties, express or implied, with respect to the following:
- Products sold to any individual different than the name used to place the order of the Product;
- Products purchased in bulk, with bulk discount.
- Products purchased for commercial use.
- Products purchased in used condition.
In the event that you wish to claim a defect that is covered by this Limited Warranty, Maddle’s obligations and liability to you, and your sole and exclusive remedy is the following:
Maddle reserves the right, in its sole and absolute discretion, to repair or replace any Products deemed by Maddle to be covered by this Limited Warranty, in its sole and absolute discretion. You undertake to pay all shipping costs associated with sending items in for repair or replacement as well as any related and ancillary costs thereto such as any and all customs fees and duties. To make a warranty claim, please email firstname.lastname@example.org and attach the following :
- Proof of purchase and delivery;
- Written summary of the defect;
- Picture of the defect;
- Serial number located on the Product; and
- Contact information including your name, phone number, and return mailing address.
The buyer must contact email@example.com prior to making any return based on a material manufacturer defect or in connection with a Product Limited Warranty claim. Replacement or repair of the Product is contingent on the return of the Product.
Any Product that is not covered by this Limited Warranty will be deemed to conform to the Limited Warranty and deemed accepted by the Buyer.
BY PURCHASING THE PRODUCT AND REGISTERING IT WITH THIS LIMITED WARRANTY, YOU ARE AGREEING TO THE POLICY STATED HERERIN.
WARRANTY DISCLAIMER FOR ALL PRODUCTS:
OTHER THAN AS EXPRESSLY SET FORTH HEREIN, Maddle EXPLICITLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO ANY PRODUCTS. SUCH DISCLAIMED WARRANTIES INCLUDE, BUT ARE NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SOME PROVINCES DO NOT ALLOW LIMITATIONS ON HOW THE DURATION OF AN IMPLIED WARRANTY, AND AS SUCH THE PRECEDING LIMITATION MAY NOT APPLY TO EVERY BUYER. THERE ARE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE TERMS AND CONDITIONS OF THIS LIMITED WARRANTY. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM PROVINCE TO PROVINCES.
This Limited Warranty shall be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the present Limited Warranty shall be subject to the exclusive jurisdiction of the courts of the Province of Quebec. If any provision of this Limited Warranty is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. You acknowledge that this paragraph shall apply notwithstanding the fact that you are located, residing, or domiciled outside the Province of Quebec and/or Canada using our Products.