This document outlines the HydroFlyer purchase agreement, warranty and refund policy.
This document states you agree to purchase, and we agree to sell to you, the Products detailed in the Order on the terms and conditions of this Purchase Agreement and the documents incorporated by reference in this Purchase Agreement.
The Products ordered by you will be prepared to any specifications detailed in the Order. However, from time to time, certain Products will not be available or may not be available for a certain period of time. If this is the case, we will contact you to confirm available alternatives.
You may also contact us to request a change to your Order prior to shipment. It is at our full discretion whether we allow changes once you have submitted the Order to us. If we accept any changes, this may result in delays in the shipping and handling of the relevant Products.
You will be required to pay any shortfall between the original Purchase Price and the Purchase Price of any alternative Products selected by you. You will be provided with a partial refund if the Purchase Price of the alternative Products is lower than the original Purchase Price.
If any alternative Products are selected by you, our supply to you of those Products will be governed by this Purchase Agreement.
Payment and Cancellation
The Purchase Price payable will be specified on your Order, including as updated. The Purchase Price will include shipping costs and any Tax or VAT applicable.
Once you have paid the Purchase Price and submitted your Order, you will not be able to cancel your order.
All payments and orders are final. HydroFlyer offers a 12 month warranty on all parts and manufacturer defects. To claim warranty please read the below section titled HydroFlyer LIMITED WARRANTY.
Use of the Products may carry some risk, including risk of injury or death to you or any person who uses the Products.
We take every precaution to ensure that the Products are as safe as possible, and that at all times clear, up-to-date instructions for use and care of the Products are provided to our users. Using the Products at all times in conformity with all instructions, manuals, user guides, and other materials will significantly reduce the risk of harm to you and any person using the Products with you. We encourage you to familiarise yourself with all instruction and safety materials.
You acknowledge and agree that you use the Products freely, voluntarily and absolutely at your own risk and with a full appreciation of the nature and extent of all risks involved in using the Products.
You further acknowledge and agree that due to the nature of the activities associated with the Products, it would be unreasonable for us to be in any way responsible for any injury to you or any person that uses the Products, including the death of you or any person that uses the Products.
To the full extent permitted by law, upon purchase, you waive all of your legal rights of action against and fully release us for any loss, damage, injury or death arising out of or in relation to your use of the Products, or use of the Products by any other person. This waiver includes (without limitation) any right you or any other person might derive from our liability for any negligent or tortious act or omission, our breach of duty, or breach of contract or breach of statutory duty by us, our directors, employees or agents.
This waiver is binding on you, and your executors, your legal personal representative and your estate, and we will rely on this waiver.
HydroFlyer Limited Warranty
This HydroFlyer Limited Warranty applies to the HydroFlyer product purchased from HydroFlyer or its authorized retailers or resellers for personal use and not for resale. The purchaser or user of the HydroFlyer product at issue (the “Product”) shall be referred to as “you” in this Limited Warranty.
By using the HydroFlyer Product, you agree to be bound by this Limited Warranty.
What Does My Warranty Cover?
Under this Limited Warranty, HydroFlyer warrants for the coverage period that the Product will be free from material and workmanship defects under normal use in accordance with HydroFlyer’ published product materials. HydroFlyer’ published product materials include, but are not limited to, user manuals, safety guidelines, specifications, in-app notifications, and service communications from HydroFlyer or its authorized representatives.
How Long Does My Warranty Coverage Period Last?
The coverage period begins the date of retail purchase of the HydroFlyer Product and ends:
1. a) One year for components comprising the board, as are further be described in the Product’s manual(s);
2. b) One year for all components comprising the foil and wing, as may further be described in the Product’s manual(s); and
3. c) The earlier of ONE year or 300 battery cycles for the Product’s battery.
What Service Will HydroFlyer Provide Under the Warranty?
If a covered defect arises during the coverage period, HydroFlyer 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 HydroFlyer at the email address firstname.lastname@example.org, or as published on HydroFlyer’ website. You will need to provide a valid proof-of-purchase, receipt, or order number for the warranty service.
What Service Will HydroFlyer Provide?
HydroFlyer will first attempt to diagnose and resolve your problem by telephone, e-mail, or online chat. HydroFlyer 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 HydroFlyer for further examination. HydroFlyer will arrange for repair or replacement service at no cost if the problem falls under this Limited Warranty. Customers are responsible for shipping expenses at HydroFlyer 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, ocean debris, 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, HYDROFLYER IS RESPONSIBLE FOR LOSS OR DAMAGE TO YOUR PRODUCT ONLY WHILE IT IS IN HYDROFLYERS POSSESSION OR IN TRANSIT, IF HYDROFLYER IS RESPONSIBLE FOR TRANSPORTATION. HYDROFLYER 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 HydroFlyer 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.
HYDROFLYER 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 HYDROFLYERS SOLE, EXCLUSIVE, OR JOINT NEGLIGENCE), ARISING OUT OF OR RELATING, IN ANY WAY, TO THIS AGREEMENT OR THE USE OF HYDROFLYER PRODUCTS. UNDER NO CIRCUMSTANCES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, SHALL HYDROFLYER BE LIABLE FOR THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES OR LOSS, DAMAGE OR DISCLOSURE OF YOUR DATA. HYDROFLYERS 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.
HYDROFLYER 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, HYDROFLYER LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT HYDROFLYERS´ 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 HydroFlyer. 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.