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Legal

Warranty Terms

The warranty coverage, terms, and conditions that apply to Nomad Kiteboarding products.

Nomad Kiteboarding takes pride in its workmanship and strives to manufacture the best products possible. We warranty our products against defects in material and workmanship for the period set out below, subject to the conditions listed below.

  1. 1

    Nomad Kiteboarding provides a 2‑year limited warranty for its products against defects in materials or workmanship. The warranty period starts from the date the kiteboard is received by the customer, or picked up from our factory.

  2. 2

    It is expressly agreed that the purchaser's exclusive remedy, and Nomad Kiteboarding's sole liability and responsibility in respect of defects in materials or workmanship, is limited to replacement or, at our discretion, reimbursement of the purchase price of goods which are acknowledged to be defective by our quality control department. No return of goods will be accepted without our prior consent. The return authorization request must specify the nature of the claim, and return costs are borne by the claimer.

  3. 3

    A return will not alter the agreed times for payment. No costs of repair by a third party will be taken into consideration.

  4. 4

    Warranty claims can be made directly with Nomad Kiteboarding, or through the authorized dealer who sold the registered product.

  5. 5

    Normal wear, corrosion, neglect, abuse, accidents, improper assembly, improper or incorrect use or maintenance, damage caused by impact on any surface including the water, unauthorized alteration, or the installation of parts or accessories not compatible with the original intended use of the board as sold, are not covered by this warranty.

  6. 6

    Warranty is valid only for products purchased from an authorized Nomad Kiteboarding dealer or directly from nomadkiteboarding.com.

  7. 7

    Warranty is valid only if the board has been used with original or approved accessories, and has not been under any modification.

  8. 8

    Warranty is valid only for the original purchaser and is not transferable. Proof of purchase is required to exercise this warranty. Labor and freight charges are not included.

  9. 9

    The customer/dealer will promptly report to Nomad Kiteboarding any damage or defect discovered, and provide high‑quality photos of the claimed product showing the damage or defect, the board's serial number, a description of the circumstances, and any further information requested.

  10. 10

    From the acceptance date of a claim report, Nomad Kiteboarding will reply with an answer regarding the claim within 14 working days.

  11. 11

    Shipping costs of new or repaired products to Nomad Kiteboarding, and from Nomad Kiteboarding back to the customer, are covered by the claimer.

  12. 12

    Nomad Kiteboarding reserves the right to reject the application of the above warranty conditions where justified suspicion exists of unfaithful or deliberate misrepresentation of the claim, and reserves the right to inspect and determine the validity of any warranty claim.

  13. 13

    Nomad Kiteboarding does not compensate, and bears no liability for, any other associated direct or indirect costs or losses that might occur to the purchaser beyond the cost of repair or replacement of the defective product under the above warranty conditions.

Warranty Disclaimer

THE FOREGOING WARRANTIES AND LIABILITIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES AND LIABILITIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, WHICH ARE HEREBY EXPRESSLY DISCLAIMED. NOMAD KITEBOARDING DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WHETHER ARISING IN LAW, IN EQUITY, IN CONTRACT OR IN TORT, AS TO ITS PRODUCTS' DESIGN, VALUE, OPERATION, CONDITION, QUALITY, DURABILITY, OR SUITABILITY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

NOMAD KITEBOARDING SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES WHETHER ARISING OUT OF USE, BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORIES OF LAW, WITH RESPECT TO ITS PRODUCTS, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NOMAD KITEBOARDING SPECIFICALLY DISCLAIMS ANY LIABILITY FOR PROPERTY OR PERSONAL INJURY DAMAGES, PATENT, TRADEMARK AND COPYRIGHT INFRINGEMENT, PENALTIES, SPECIAL, PUNITIVE OR LIQUIDATED DAMAGES, DAMAGES FOR LOST PROFITS OR REVENUES, LOSS OF PROPERTY OR LOSS OF USE OF EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCTS, FACILITIES AND SERVICES, OR FOR ANY OTHER TYPE OF ECONOMIC LOSS. NOMAD KITEBOARDING SHALL NOT BE RESPONSIBLE FOR, AND SPECIFICALLY DISCLAIMS, ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER.

EXCEPT FOR THE LIMITED WARRANTY AND LIABILITY TERMS SET OUT ABOVE, THE PURCHASERS/USERS OF ANY NOMAD KITEBOARDING PRODUCTS DO HEREBY REMISE, RELEASE, AND FOREVER DISCHARGE NOMAD KITEBOARDING FROM AND AGAINST ANY AND ALL MATTERS OF ACTION, CAUSES OF ACTION, SUITS, DEBTS, ENTITLEMENTS, RIGHTS, COSTS, DAMAGE, COMPENSATIONS, JUDGMENTS, EXECUTIONS, CLAIMS AND DEMANDS WHATSOEVER AND HOWSOEVER ARISING, WHICH NOW HAS OR WHICH MAY HEREAFTER ACCRUE, AND WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, IN RELATION OR IN CONNECTION TO OR ARISING FROM THE WORKMANSHIP, MATERIALS, CONDITION, QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, PURCHASE, USE OR UTILIZATION OF ANY NOMAD KITEBOARDING PRODUCTS.

Governing Law

These limited warranty and liability terms shall be governed by and construed in accordance with the laws of Germany, without regard to conflict of law principles.

Nomad Kiteboarding, based at Heiligenbreite 22, 88662 Überlingen, Germany, is herein referred to as “Nomad Kiteboarding”.

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