Neil Pryde Warranty Policy - Windsurfing

RELEASE OF LIABILITY AND ASSUMPTION OF RISK

DO NOT USE THIS PRODUCT UNLESS YOU AGREE WITH THE FOLLOWING TERMS AND CONDITIONS

THIS WARNING IS FOR YOUR OWN SAFETY AND PROTECTION. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THIS PRODUCT. KINDLY RETURN THIS PRODUCT BEFORE USING IT, AND YOUR PURCHASE PRICE WILL BE REFUNDED IN FULL. THE INFORMATION CONTAINED IN THIS MANUAL IS FOR YOUR REFERENCE AND MAY BE SUBJECT TO CHANGE AT ANYTIME. PLEASE VISIT OUR WEBSITE AT: www.neilpryde.com FOR CURRENT UPDATES TO THIS MANUAL.

YOU MUST READ THE INCLUDED USER MANUAL BEFORE USING THIS PRODUCT. IF YOU ARE BELOW THE AGE OF 18, YOU SHOULD LET YOUR PARENT OR GUARDIAN READ THE ABOVE STATEMENT AND THIS MANUAL AND SHOULD NOT USE THIS PRODUCT UNLESS UNDER PROPER GUIDANCE AND SUPERVISION OF SUCH PERSON OR PERSONS WHO HAVE READ THIS MANUAL.

The purchaser/user of this product (if they are not the same person) and the parent and guardian of the user (if the user is below the age of 18) understands that the use of this product may expose the user to certain unavoidable risks, dangers, and hazards. The purchaser/user of this product voluntarily assumes these risks. Before using this product, the purchaser/user has carefully reviewed, understood, and agrees to comply with the terms of the User's Manual. The purchaser/user of this product understands and agrees to comply with the terms of the sale. The purchaser/user of this product understands that the seller is not responsible for any damage to property or injury caused by negligent operation of this product by the purchaser or user, and the purchaser/user releases the seller from all such liability.

SAFE WINDSURFING PRACTICE:
1. ALWAYS inspect your equipment for signs of wear and tear each time before sailing, particularly the universal or tendon joint.
2. IF any products are found to show signs of wear & tear these should be repaired or replaced immediately and before further use. If in doubt about any signs of wear & tear, please contact your local Neil Pryde Dealer and/or Distributor. Contact details are available from www.neilpryde.com
3. NEVER place yourself in a situation where breakage of any one of the various windsurfing components would pose a risk to yourself or others, or make it impossible to return to the shore safely & unassisted.
4. Make sure you use properly designed and manufactured parts from reputable suppliers.
5. Take time to study the conditions including sea state, tides, currents and weather forecasts before you decide to go sailing. Beware of sailing in offshore winds.
6. Familiarize yourself with any new location before venturing onto the water. Ask the locals to tell you about any hazards.
7. Watch out for other beach users, especially swimmers and small children. Make sure you keep your board and rig under control at all times and that they don't get blown about on the beach or in the water.
8. Always use appropriate safety and floatation devices. Wear the correct protective clothing for the conditions such as a wetsuit or a UV top.
9. Make sure someone knows where you've gone & when you are expected back ¡V always sail with a buddy.
10. Be aware of the conditions as they change. Always return to the beach if there is a significant change in the conditions. I.e. wind dropping or wind & waves increasing.
11. As you learn the sport, work within your own limitations and do not exceed them.


What This Warranty Covers:

GENERAL WARRANTY

"Every Neil Pryde product is subjected to rigid pre-sales quality control tests and is backed by our comprehensive warranty policy. Neil Pryde warrants this Product to be free of major defects in materials and workmanship when this Product is used within the manufacturer's recommended conditions for ordinary recreational activities by the original purchaser for a period of two (2) years from the original date of purchase (as evidenced by the relevant purchase receipt), subject to certain terms & conditions."

Major defects in materials & workmanship
It is the nature of manufacturing & material defects, that they generally become apparent early in time after initial use. Product failure/breakage occurring after 6 months from the original date of purchase (as evidenced by the relevant purchase receipt) tends to be attributed to another cause.

Recreational Use
Neil Pryde products are designed for, and intended to be used by, the ordinary purchaser for recreational purpose or use only. Neil Pryde Products are not designed for commercial use where they are subject to continuous or high volume repetitive usage over an extended period of time.

SPECIFIC WARRANTY

Concerning all products:
This Warranty is valid only when the warranty card accompanying the product in question is properly filled out and returned to the Neil Pryde Dealer within seven (7) days from the original date of purchase.

Concerning Sails & Masts – the Manufacturer’s Recommended Conditions:
This Warranty is valid only when the Products are used with Neil Pryde Rig Matrix System components and within the condition limitations both printed on the foot of each sail and available in the document “Neil Pryde Product Design Specification Chart” on the Neil Pryde website: www.neilpryde.com and provided with each sail.

Concerning Products containing Carbon Composite Materials:
It is in the nature of carbon composite materials used in any products that failure/breakage of such products due to defects in manufacturing or materials generally occurs or becomes apparent early in time after initial use. Product failure/breakage occurring after initial use is rarely considered to be due to a manufacturing or material defect and tends to be attributed to improper use.

Concerning Universal Tendon Joints:
The universal tendon joint used in Neil Pryde Mast Base Systems has a "limited lifetime" of up to 120 hours. It should be regularly checked and replaced if it shows any signs of wear and tear. Universal Tendon Joint failure/breakage occurring after this time period tends to be attributed to a failure to take proper care to perform regular maintenance.

GENERAL INFORMATION

Full details of the Neil Pryde warranty policy (including the exclusions) applicable to this Product as effective at any time and from time to time and information on how to obtain warranty service of this Product can be found in the "Neil Pryde Warranty Policy" booklet which is provided with each Neil Pryde sail, available on the Neil Pryde website (www.neilpryde.com) and can be obtained from your local authorized Neil Pryde Dealer or Distributor.

THIS WARRANTY IS SUBJECT TO, AND DOES NOT COVER, THE EXCLUSIONS SET OUT IN THE NEIL PRYDE WARRANTY POLICY APPLICABLE TO THIS PRODUCT AS EFFECTIVE ON THE ORIGINAL DATE OF PURCHASE OF THIS PRODUCT.


What This Warranty Does Not Cover: 
  This Warranty does not cover the following: 

General
1. Costs of return shipments to both the Neil Pryde Dealer and/or Distributor;
2. Damage caused by alterations, modifications or changes not authorized or approved by Neil Pryde in writing, or due to service and/or repairs done by anyone other than Neil Pryde or a Neil Pryde authorized repair facility, or due to accident, abuse, misuse or improper use, neglect, or failure to perform normal maintenance;
3. Damage caused by extended or excessive exposure to sunlight (or ultra-violet radiation), improper handling or storage, or failure to follow instructions provided with the Product;
4. Damage caused by anything other than defects in materials or workmanship.
5. The Product when being used in commercial, rental, teaching or instructional programs or activities, or in competition of any kind;
6. The Product when being classified as second-hand;
7. Consequential and incidental damages or expenses, including damages to property or for personal injury;
8. Damage caused by the use of the Product in reef waves or shore break;
9. Damage caused by the use of the product outside the manufacturer's recommended conditions as listed on the product, in the "Neil Pryde Warranty Policy" booklet provided with each sail, or the Neil Pryde website: www.neilpryde.com;
10. Normal wear and tear, including scratches, punctures, and rigging with components other than Neil Pryde components;
11. Damaged caused by windsurfing crashes, the impact of the product with foreign objects including but not exclusive to sand, rocks, coral, any part of the human body, the windsurfing harness;
12. Damage caused by any use of this Product as a toy.


How To Make Warranty Claim:
Neil Pryde will make the final and conclusive determination in relation to each claim under this Warranty on a case-by-case basis, which may require inspection and/or photos of the Product, which clearly show the defect(s), if any. This information must be sent to the Neil Pryde distributor of the Product in your country, postage prepaid [or via your local authorized Neil Pryde dealer]. The Product can be returned only if the Neil Pryde distributor in advance of returning the Product gives a return authorization number (RA). The RA number must be clearly labeled on the outside of the package, failing which such package will be refused. Any product must be shipped CLEAN and DRY.

If the Product is considered to be defective by Neil Pryde, this Warranty covers the repair or replacement (by the same or similar model) or refund of all or part of the purchase price of the Product only (which alternative and/or the appropriate amount, if any, shall be decided by Neil Pryde at its sole and absolute discretion). Neil Pryde will not be responsible for any costs, losses, or damages incurred as a result of loss of use of the Product.

The original purchase receipt must accompany all warranty claims. The name of the retailer and date of purchase must be clear and eligible on such receipt.


What To Do To Keep This Warranty In Effect
This Warranty is void if any unauthorized repair, change, alteration or modification has been made to any part of the Product. The warranty for any repaired or replacement product (as the case may be) is good from the date of the original purchase only.

There are no warranties, which extend beyond the warranty specified herein.

Additional Rights

This Warranty does not affect, and is in addition to, any statutory rights which you may have under or by virtue of any applicable law.

How To Obtain Warranty Services

To obtain warranty service of the Product, or if you have any questions about any products of Neil Pryde Ltd. or their respective user's instructions, please contact:

Your local authorized Neil Pryde dealer or distributor of the product. The Neil Pryde website:
www.neilpryde.com

WARNING
IT IS THE USER'S RESPONSIBILITY TO CAREFULLY READ THE ATTACHED USER'S GUIDE (IF SUPPLIED) AND MANUFACTURER'S RECOMMENDATIONS AND INSTRUCT ALL USERS ON THE PROPER USAGE AND MAINTENANCE OF THE PRODUCT.

For USA purchasers only:
All warranties implied by State law, including the implied warranties of merchantability and fitness for a particular purpose, are hereby limited to the duration of this Warranty. Some States do not allow limitations on how long an implied warranty lasts, so the foregoing limitation may not apply to you. With the exception of any warranties implied by State law (as hereby limited),this Warranty is exclusive and in lieu of all other warranties, guarantees, agreements and similar obligations of manufacturer or reseller. This Warranty gives you specific legal rights, which vary from State to State.


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