1 year no-nonsense SRFACE warranty
We offer a 1 year limited SRFACE warranty on workmanship and manufacturing defects on your wetsuit. Our wetsuits are carefully assembled by hand with attention to detail to ensure good quality standards. In case you suspect a warranty problem, please request a repair or replacement. The following warranties apply per product category, under normal recreational use and proper care, on materials and workmanship from the original purchase date.
Your new SRFACE Wetsuit is covered by a 1 year limited warranty (the ‘Wetsuit Warranty’). I. Products covered by this limited Wetsuit Warranty This limited Wetsuit Warranty extends to Wetsuits manufactured by SRFACE B.V. (‘SRFACE’) and purchased directly from SRFACE or SRFACE’s authorized retailers (the ‘Wetsuits’). Wetsuits are designed surface water sports only. This Wetsuit Warranty does not cover your product if you use it in a manner incompatible with that intended design. II. Who this Wetsuit Warranty extends to This limited Wetsuit Warranty extends to the original purchaser of any Wetsuit. All SRFACE warranties, including any implied warranties, are valid only for the period of time the Wetsuit is owned by the original purchaser of the Wetsuit. The ‘original purchaser’, for the purposes of this Wetsuit Warranty, is the first purchaser of the Wetsuit from SRFACE or a SRFACE authorized retailer. Please retain a copy of your receipt as proof of purchase. All SRFACE limited warranties are not transferable. III. SRFACE’s limited Wetsuit Warranty and responsibilities SRFACE warrants the Wetsuit in its original packaging sold to you against the defects in material and workmanship set forth below (‘Defects’) for a period of 1 year from the time your Wetsuit is purchased by you, when the Wetsuit is used normally for its intended purposes.
What falls under warranty
IV. What this limited Wetsuit Warranty covers This limited Wetsuit Warranty applies to the following Defects:
- Manufacturing, workmanship or assembly defects.
- Any physical flaw in the Wetsuit that causes the neoprene material or seams to split or crack, despite normal usage and proper handling.
- Any manufacturing defect in the zipper assembly of the Wetsuit.
This limited Wetsuit Warranty does not cover the following:
- Wear and tear with normal use.
- Prints, including logo, inside arm and leg prints, and shoulder prints.
- Print or colour imperfections or fading thereof.
- A normal change of the neoprene material which does not affect the qualities or performance of the Wetsuit.
- Comfort preference.
- Physical abuse or damage to the material, including but not limited to cuts and tears; provided, that the defect is caused by such abuse or damage.
- Replacement of any non-defective pieces in the SRFACE wetsuit (for example, if you purchase a Wetsuit with multiple components and only one component is defective, then we will only replace the defective component).
- Wetsuits sold ‘as-is’, ‘preconditioned’, ‘reconditioned’, ‘used’, ‘comfort return’, ‘returned’, ‘previously owned’, or any other similar wording indicating that the Wetsuit is not ‘new’ or of ‘first quality’, or has previously been purchased or used by another consumer.
- Repairs, or alterations, to any area of the product done or attempted by anyone other than an authorized SRFACE repair facility.
- Damage from sunlight, chemicals, improper recreational use or care, or any damage beyond the product’s natural life expectancy.
- Use in commercial, rental, teaching or instructional programs or activities.
In the event of a defect, SRFACE’s sole and exclusive liability and your sole remedy under this limited Wetsuit Warranty will be, at SRFACE’s option, to provide a repaired or replacement Wetsuit, subject to your fulfillment of ‘Your Responsibilities’ below. Replacement Wetsuits may be provided in a color different from the Wetsuit you originally purchased.
V. Your responsibilities In the event of a Defect and in order to get the benefit of this limited Wetsuit Warranty, you must return your Wetsuits to SRFACE and provide SRFACE with proof of the original date of purchase. Should shipping costs be required to return your Wetsuit, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Wetsuit Warranty. If you wish to replace your Wetsuit with a more expensive Wetsuit (an ‘Upgrade Wetsuit’), then please email SRFACE at the email address set forth at the end of this limited Wetsuit Warranty. You will be required to pay the difference between the original purchase price of the Wetsuit and that of the Upgrade Wetsuit, plus the cost of any related additional system pieces necessary for such Upgrade Wetsuit. SRFACE will repair or replace (as applicable) and ship your Wetsuit or Upgrade Wetsuit back to you. You will be responsible for any shipping costs associated with shipping replaced or repaired Wetsuits. Replaced or repaired Wetsuits that are not Upgrade Wetsuits are subject to the same limited Wetsuit Warranty as the original Wetsuit. For example, if you obtain a replaced or repaired Wetsuit that is the same style and price as the original Wetsuit, then the warranty term of the replaced or repaired Wetsuit begins from the date of purchase of the original Wetsuit. If you purchase an Upgrade Wetsuit, then you obtain a new limited Wetsuit Warranty, and the warranty term will begin upon the purchase of the Upgrade Wetsuit.
VI. Disclaimer, limitation on liability To the extent permissible by applicable law, the wetsuit is provided ‘as is’ and this warranty and any implied warranties are your exclusive warranties and replace all other warranties or conditions, express or implied. Some countries do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some countries or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from country to country and jurisdiction to jurisdiction. To the maximum extent permitted by applicable law and except as set forth in this limited wetsuit warranty, in no event will SRFACE or its suppliers be liable for procurement of substitute products or other special, incidental, consequential or indirect damages arising out of or related to the wetsuit or its use by you or any third party, whether under theory of contract, tort (including negligence), indemnity, product liability or otherwise. This limitation will apply even if SRFACE has been advised of such damages and notwithstanding the failure of essential purpose of any limited remedy. SRFACE’s total liability will not exceed the purchase price paid for the wetsuit giving rise to such liability. Some countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. VII. Arbitration In the event a dispute arises between you and SRFACE arising out of this Limited Wetsuit Warranty, such dispute will be determined and settled by binding arbitration between the parties by the Nederlands Arbitrage Instituut (NAI) in accordance with the “Arbitrage Reglement”. The dispute committee shall consist of 1 arbitrator. The arbitration will not be combined with any other proceeding or arbitration against one of the parties. All arbitration proceedings will be closed to the public and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The decision and the arbitrators’ award will be in writing and will include a statement setting forth the reasons for the disposition of any claim. A dissenting decision will also be set forth in writing. The arbitrators’ award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction. VIII. Governing law This limited Wetsuit Warranty will be governed by the laws of the Netherlands.
IX. Warrantor SRFACE B.V. Zeekant 14B 2586 NA The Hague firstname.lastname@example.org