EWAVE Limited Warranty

This EWAVE Limited Warranty applies to the EWAVE product purchased from EWAVE or its authorized retailers or resellers for personal use and not for resale. The purchaser or user of the EWAVE’s product at issue (the “Product”) shall be referred to as “you” in this Limited Warranty.
By using the EWAVE’s Product, you agree to be bound by this Limited Warranty.
EWAVE authorized retailers or resellers are NOT authorized to modify this warranty or make any additional warranties that are binding on EWAVE or its affiliates.

What Does My Warranty Cover?

Under this Limited Warranty, EWAVE warrants for the coverage period that the Product will be free from material and workmanship defects under normal use in accordance with EWAVE’s published product materials. EWAVE’s published product materials include, but are not limited to, user manuals, safety guidelines, specifications, and service communications from EWAVE or its authorized representatives.

 

How Long Does My Warranty Coverage Period Last?

The coverage period begins the date of retail purchase of the Product and ends:

12 Months for components comprising the Product, as are further be described in the Product’s manual(s);

The earlier of 9 Months or 500 battery cycles for the Product’s battery(ies).

 

How Do I Get Warranty Service?

If a Product does not function as warranted during the coverage period, email EWAVE at info@ewavesurf.com. You will need to provide a vaild proof-of-purchase, receipt, or invoice.

 

What Service Will EWAVE Provide?

We will guide you through the process of determining whether you have a valid claim or not. This will most of the time involve working with you via photos and/or videos and/or other forms of content to assess the nature and extent of the issue.

All determinations will be made by EWAVE in accordance with this policy document and will be final.

When a warranty claim is valid based on confirmation from EWAVE, none of the exceptions below apply and it is not otherwise covered by local law (see below), EWAVE will take the following action, at our discretion:

Provide you with a replacement Product (in the case of a part, a replacement of the relevant part which is defective) free of charge and in the same quantity as was initially purchased. The purchaser is responsible for all applicable shipping costs, customs fees, duties, taxes, or VAT that may be due.

 

If I Sell My EWAVE product, is the Warranty Transferrable to the New Owner?

No, EWAVE warranties are non-transferrable and are only applicable to the original purchaser.

 

What is Not Covered by My Warranty?

This policy DOES NOT cover the following:

Damage caused by unauthorized modification or repair of the Product, including, but not limited to, modification of its internal circuitry, components, or battery(ies);

Damage caused by misuse and/or improper use, or operation that is contrary to the guidance of the Product’s manual(s);

Damage caused by failure to properly maintain and care for the Product and its components in accordance with the Product’s manual(s);

Damage caused from the use of unauthorized or unauthenticated third-party parts, materials, or components;

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;

Damage caused by operating the Product in an environment suffering from interference from other wireless devices or electromagnetic interference;

Damage or defects caused by collisions, abuse, misuse or accidental damage;

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 40°C and under -10°C or due to direct sunlight;

Damage or defects caused by non-recreational use;

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;

Damage other than manufacturing defects in material or workmanship;

Damage caused by lightning, hail, rain, flooding, wind, sand, floods or other environmental or natural conditions or Acts of God;

Damage caused by cleaning products not specifically approved in the product’s manual(s).

 

WAIVER OF LIABILITY

 

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 EWAVE 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.

EWAVE 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 EWAVE’S SOLE, EXCLUSIVE, OR JOINT NEGLIGENCE), ARISING OUT OF OR RELATING, IN ANY WAY, TO THIS AGREEMENT OR THE USE OF EWAVE’S PRODUCTS. UNDER NO CIRCUMSTANCES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, SHALL EWAVE BE LIABLE FOR THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES OR LOSS, DAMAGE OR DISCLOSURE OF YOUR DATA. EWAVE’S 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.

Any commercial or rental use of the Product immediately voids EWAVE’s obligations under this limited warranty. If EWAVE suspects that the Product has been rented or used in a commercial setting, EWAVE may refuse to service or replace the Product under this limited warranty at its sole discretion.

 

Warranty Disclaimer:

EWAVE 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, EWAVE LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT EWAVE’S 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 EWAVE. 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.