Awake

Application

These General Terms and Conditions of Sale (”Terms”, ”Terms and Conditions”, “Terms of Sale) govern your relationship with Ride Awake USA, INC (”Awake”, ”us”, ”we”, or ”our”).

Please read these Terms and Conditions carefully before using the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users, buyers, partners and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

They replace and cancel any previous general terms and conditions of sale appearing on any Awake document or agreed upon in any other manner. All sales are concluded subject to the condition precedent of the application of these unchanged General Terms and Conditions of sale, thus it is deemed that the customer has unconditionally accepted these terms and conditions.

The General Terms and Conditions of Sale shall prevail over those of the customer, notwithstanding any conflicting clauses provided for in the customer’s general terms and conditions and subject to any amendments which may be made to the General Terms and Conditions of Sale under the provision of this clause.

Any contractual provision contrary to these terms and conditions must be proposed to Awake in writing, separately from the preprinted terms on the customer’s documents or from these printed General Terms and Conditions of Sale, and prior to Awake’s acceptance of an order. In order to be binding on Awake, the proposed modification must be expressly approved by Awake in writing and signed by Awake.

The customer has by accepting these terms and conditions accepted that they must read, understand and fully adhere to the User Manual and all its waivers and warnings before using the product.

Cancellation or Modification of Orders

All orders placed with Awake are firm and definitive. Exceptionally, they may be cancelled or modified at customer’s request, which is subject to Awake’s express consent. Elements that are (but is not limited to) taken into account are Force Majeure and extraordinary shipping situations. In case of modification: any modification may increase the cost of the order, which shall be notified to the customer for acceptance, and / or may cause delays for the respective order. In case of cancellation: all cost and expenses incurred by Awake until such cancellation and in relation to that order are to be borne by the customer.

Brochures, Technical Information

The information and characteristics presented in any catalogue, brochure, technical or specification sheets, assembly instructions or any other documentation are for information purposes only and shall, under no circumstances, be considered as firm offers. These documents are legally not binding. Awake reserves the right to carry out such modifications or improvements as it deems necessary on any products.

Prices and Packaging

Prices are net prices and quoted ex works (Incoterms 2010), exclusive of any packaging and installation and exclusive of any taxes.

The customer shall bear all taxes, fees, cost, duties, tax stamps, inspection costs, insurance premiums as well as any costs incurred pursuant to foreign legislation (if any). Products are packed for transport. Packaging is carried out according to industry practices and in such a way as to ensure that products are transported in the best conditions.

Payment

Unless expressly otherwise agreed on in writing, the payment options are limited to those offered on awakeboards.com.

Customers shall not be entitled to withhold or set off any payments, except for any undisputed claims (i.e. claims that are accepted in writing by Awake) or if claims have been finally asserted by a competent court.

In case of non-payment by the due date, Awake may apply an interest for late payment amounting to 4 percentage points above the base rate, but not less than 5%. Any debt collection costs including all legal and attorney costs that Awake may incur for the collection of any amount due shall be borne by the defaulting customer.

If, at any time and in the sole opinion of Awake, the ability of the customer to promptly pay the invoices as due becomes impaired, Awake may request guarantees and/or special payment terms and reserves the right to suspend the performance of pending orders.

Delivery

A delivery period is deemed to begin (i) after all commercial and technical details have been clarified and agreed on in writing. Unless a firm deadline has been expressly agreed on in writing, delivery periods are estimates only and not guaranteed. According to Awake company policy products will be shipped by road freight with the least possible impact on the environment. Any costs for transport shall be solely borne by the customer.

If the customer does not remove the products where the place of delivery has been agreed on to be Awake or premises of Awake or refuses to accept such products, and upon the expiry of the delivery period, Awake shall have the right to store the products at the customer’s expense and risk and to request the reimbursement of freight and handling costs.

Transport

Transport damages must be immediately reported by the recipient of the products to the carrier in writing, with a copy to Awake. Under no circumstances shall Awake be liable for any destruction, damage, loss or theft occurring during the transport of the products.

Passing of Title and Risks

Title to the products delivered shall not pass to the customer until the actual payment in full of the principal amount, interest and ancillary cost.

Notwithstanding the title retention as set forth above, the risks pertaining to the delivery of products (including the risks of loss or destruction) shall pass, if no INCOTERM for the delivery has been expressly agreed on, at the time when Awake informs the customer in writing about the availability of the ordered products.

Warranty

The Awake warranty only applies to products delivered by Awake and exists only towards the customer of Awake. It does not apply to any third party purchaser. The warranty covers any manufacturing defects or defects in materials from the invoicing date and where such products are used under normal operating and maintenance conditions for a period of 12 months for all products.

To invoke the provisions of the warranty, the customer must notify Awake, in writing and within the above stated warranty period, of the defects allegedly found in the products and provide proof thereof. The customer must facilitate the assessment of these defects. The customer shall not, without the prior written consent of Awake, carry out any repair or removal himself or arrange for doing so by a third party.

Under the terms of warranty Awake may, at its sole discretion, choose whether to supply new products (of the same type if still available), repair or replace the products, ex works, all the products covered by the warranty and found to be defective by Awake. Awake shall not be liable to pay any compensation for any reason whatsoever and in particular for any loss or damage of any kind (physical, material or financial loss in relation to the [allegedly] defective products, loss of business, loss of revenue or loss of reputation, etc.)

Repairs or replacements made under the terms of warranty shall not extend the warranty period. Parts replaced during the warranty period shall be returned to Awake and shall become property of Awake.

The Product must be used in accordance with the specifications stated in the User Manual for the warranty to be valid.

Awake excludes all liability for and the warranty shall not cover any defects (and any damage whatsoever arising therefrom) resulting from

• any assembly or installation or use of the products that does not comply with Awake’s instructions or specifications (documentation, operating and assembly instructions, special recommendations, etc.) or professional standards,

• abnormal use of the products, defective or unsuitable maintenance, negligence or any use other than the use for which the products were intended,

• materials supplied (or design imposed) by the customer, or from servicing or maintenance performed on the products by third parties not expressly authorized by Awake;

• acts of God or force majeure as well as defects and consequences thereof resulting from normal wear and tear of the Product, Awake shall not be liable for any warranty other than listed above.

Returns and Claims

Awake does not accept returns or refunds of any products considered non-faulty, as the products provided by Awake are exclusively made to order.

Any claims relating to an alleged defect of the products or in relation with the delivery of the products have to be made by the customer in writing for apparent defects within 14 days upon receipt of the products and for hidden defects within 14 days upon discovery, but in any case within the warranty period stated in clause 10. Returns will be accepted only if authorized beforehand by Awake, and may be repaired or exchanged at Awake’s sole discretion.

Intellectual Property

Awake retains all rights to intellectual property and know-how related to the products sold by Awake. The customer undertakes not to reproduce or procure the reproduction of the trademarks, design rights, patents and any other industrial or intellectual property rights held by, or licensed to, Awake, in whole or in part. Awake has and shall retain full ownership and copyright of any studies, drawings, documents, designs, technical calculations, cost estimates, technical information provided to the customer concerning the products supplied thereto. Any such documents shall neither be reproduced nor disclosed or made available to any third party. If no order is placed, all such documents must be returned to Awake without delay.

No Liability – Force Majeure

Awake shall be released from any undertaking, in particular with regard to delivery periods:

• in the event that the customer has not complied with the payment terms; • in the event of force majeure or occurrences, such as: lockouts, strikes, epidemics, embargoes, accidents, rejection of principal parts being manufactured, interruption or delay in transport, disruption to supplies or any other event beyond the control of Awake occurring at the premises of Awake, it’s suppliers or subcontractors, including when resulting in layovers or short-time working.

Jurisdiction – Applicable Laws

The General Terms and Conditions of Sale and any supply of products thereunder are governed by US law. The provisions of the United Nations Convention on the International Sale of Goods shall not apply to this Agreement.

All disputes arising out of or in connection with the General Terms and Conditions of Sale and any supply of products thereunder shall be submitted to the exclusive jurisdiction of the courts in San Francisco, USA.

Returns & Exchanges

Awake does not accept returns or refunds of any products considered non-faulty, as the products provided by Awake are exclusively made to order. Any claims relating to an alleged defect of the products or in relation with the delivery of the products have to be made by the customer in writing for apparent defects within 14 days upon receipt of the products and for hidden defects within 14 days upon discovery, but in any case within the warranty period stated in clause 10. Returns will be accepted only if authorized beforehand by Awake, and may be repaired or exchanged at Awake’s sole discretion.

How to proceed with a request for return: Kindly contact sales@awakeboards.com for info on how to go through with the whole process of your return. State your order number. Furthermore, clarify which product(s) you are sending back, and state clearly why you wish to return the product(s) (the defect you've identified).

Steps

1. Return of product(s) requires a return authorization (RA) number; without which there will be no acceptance of the returned product(s).
2. To receive a return authorization, contact us via email using the information illustrated below: sales@awakeboards
3. To return a package, you should inform us within a month from the day the package was received. Awake has no responsibility resulting from damage or loss of the product(s) since we recommend you ensure the product(s) via logistics and keep tracking number until the complete refund has been done.
4. Returned product(s) should be in untouched condition with original tags placed on the package.
5. The packaging of the manufacturer should be visible either in writing or marks.
6. The customer is responsible for the return shipping costs, and other extra costs. Awake will only call for return when there was a shipment error in this case we cater for such expenses.

Commercial warranty & complaints

Awake assures the legitimacy of our products to be of high quality and destined for their recommended purpose with no problems with the manufacturing process or craftsmanship. In case of any issue with our product, kindly inform us through email before returning to cut off charges for posting the product(s). For product(s) bought through our website email us at sales@awakeboards. We will respond to your claim with a solution and return procedure when necessary. If you have any inquiries concerning our commercial warranty contact us at service@awakeboards.com.

Full commercial warranty Policy Awake's electric surfboards

Awake warrants that the electric surfboards sold by Awake are free of manufacturing defects in material and workmanship when delivered to the buyer. The commercial warranty on each component on the electric surfboard is limited to twelve (12) months from the date of delivery and is limited to the original buyer. For example: if a drive train part for some reason would malfunction, that whole part will be replaced. The commercial warranty does not cover damages caused by normal wear and tear. The commercial warranty does not apply in the event of abuse, neglect, carelessness, using the product in any way other than intended, replacement with any part or accessory other than original Awake parts and products, the attempt of reparation or modification unless expressly permitted in writing by Awake. Awake waives all responsibility for any third party for consequences that might result from the use or handling of any Awake product by any legal or natural person.

Full commercial warranty Policy Awake products, other than electric surfboards

Awake warrants that the products sold by Awake are free of manufacturing defects in material and workmanship when delivered to the buyer. The commercial warranty is limited to 12 months from the date of delivery and is limited to the original buyer. The commercial warranty does not cover damages caused by normal wear and tear. The commercial warranty does not apply in the event of abuse, neglect, carelessness, using the product in any way other than intended, replacement with any part or accessory other than original Awake parts and products, an attempt of reparation or modification unless expressly permitted in writing by Awake. Awake waives all responsibility for any third party for consequences that might result from the use or handling of any Awake product by any legal or natural person.

European twenty-four (24) month legal guarantee (applicable to purchases and deliveries within the EU)

All Awake’s products are subject to the European twenty-four (24) month legal guarantee: [READ MORE]

Complaints

A customer who has complaints about a product can do so within two (2) years after purchase. Awake urges a customer to make a complaint within one (1) month of delivery to repair or replace a faulty component, according to the customer’s wishes. Complaints are administered via service@awakeboards.com.

1 REVISION DATE

1.1 This warranty policy is valid from November 15, 2023. 

2 WHAT IS COVERED IN THE WARRANTY?

2.1 The warranty policy applies to all Product(s) sold by Awake, or any authorized reseller, retailer, or partner confirmed by Awake (collectively referred to as ‘Awake’ below).

2.2 Awake guarantees that its Products will be free of defects arising from faulty materials or poor craftsmanship in the normal use of the Product for the period set in this document.

3 WHAT IS THE LENGTH OF THE WARRANTY?

3.1 The warranty is valid for 24 months from the date you receive your new Product(s).

3.2 To keep the warranty valid, a mandatory service check-up must be performed after 12 months. Reach out to support@awakeboards.com for more information.

3.3 The warranty is additional to any applicable statutory guarantees and locally regulated consumer laws.

4 CAN ANYONE MAKE A WARRANTY CLAIM?

4.1 If you are the owner of the Products, and if you purchased the Product(s) directly from Awake or from an authorized Awake reseller, you can make a claim.

4.2 The invoice of the purchase will be used as proof of ownership and to confirm that the period is active for the specific Product(s).

4.3 The warranty policy can be transferred, reach out to support@awakeboards.com to finalize.

Note: In the case of a transfer, the warranty period is not extended, only transferred.

5 HOW DO I GET A WARRANTY CLAIM HONORED?

5.1 If you believe you have a warranty claim, please contact Awake following the instructions below. 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.

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

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

5.3.1 Pay for the cost of repairing the Product.

5.3.2 Repair the defective Product.

5.3.3 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.

5.4 Awake reserves the right to charge the person claiming the warranty for the reasonable delivery costs to supply the replacement Product if Awake accepts their claim.

5.5 Unless anything else is specified in the reseller agreement of the specific reseller that the purchase was made from, any replacement made as a result of a valid warranty claim, where the original purchase was made through one of Awake’s retailers and/or partners, the replacement Product(s) will be shipped to this retailer and/or partner’s operational location stated in the retailer/partner contract/agreement. The retailer/partner is responsible for forwarding the replacement Product(s) to the customer.

Note: If we receive a Product submitted to Awake under a warranty claim and we determine, upon a thoroughly made inspection, that it is not a valid warranty claim, we will require that you pay for the costs of shipping the Product both to Awake and the return shipment back to you before we release your Product. We will also advise you of any service charges if we determine that a service is necessary for the Products, but will not conduct any service work until you have first approved this and paid an invoice accordingly.

6 WHAT IS NOT COVERED BY THE WARRANTY?

6.1 The warranty does not cover:

6.1.1 Damage that is caused by misuse, vandalism, interference, or neglect.

6.1.2 Damage resulting from maintenance and care that is not in accordance or compliance with Awake's maintenance procedure, which you are obliged to follow, and which is available, for example, in the manual accompanying the Products in connection with the purchase.

6.1.3 Damage resulting from use that is not in accordance or compliance with Awake’s maintenance procedure.

6.1.4 Damage caused by the use of accessories or parts that are not manufactured, or otherwise approved by Awake.

6.1.5 A Product in which the seal of any kind is broken or otherwise tampered with.

6.1.6 A Product where the carbon fiber hull has been compromised.

6.1.7 Damage resulting from the use of the Product for which it is not designed.

6.1.8 A Product that has been repaired or modified by someone other than by Awake’s personnel or a person authorized by Awake to do so.

6.1.9 Personal injury, death, property damage, or financial loss, regardless of how it occurred.

6.1.10 Warranty claims made later than two (2) months from when you became aware of the defect, the material damage, or from when a reasonable person should have become aware of the material damage or defect.

6.1.11 Damage caused by or resulting from normal wear and tear, negligent use, willful misconduct, or malicious or improper handling, including but not to errors or omissions made by you or another person using the Products, including use in unsafe locations, and/or use in unsafe conditions, such as bad weather or otherwise not in accordance with the Product manual(s) and/or Instructions provided with the Product.

6.2 Awake reserves the right to alter its Product specifications, manuals, and/or instructions and introduce improvements at any time. Please visit our website: www.awakeboards.com, to see the latest updated information.

7 LOCAL LEGISLATION AND REGULATIONS MAY HAVE DIFFERENT REQUIREMENTS 

7.1 Nothing in the warranty excludes or restricts statutory guarantees that cannot be excluded under local laws and regulations. The warranty should be read subject to the provisions of all relevant local laws, and, where required, Awake will honor its obligations under those laws and regulations.

7.2 The warranty is additional to any applicable statutory guarantees.

8 HOW TO CONTACT AWAKE FOR WARRANTY SERVICE

8.1 For warranty services please use one of the following forms of contact:

8.1.1 Submit a support request via the Awake Link App on a phone using either an iOS or Android operating system.

8.1.2 Submit a support request via the support form at awakeboards.com/support.

8.1.3 Send an email to support@awakeboards.com.

8.2 Awake will require the following documentation to verify and support your:

8.2.1 The receipt of purchase or the delivery receipt.

8.2.2 The invoice number of the purchase.

8.2.3 The name of the customer and address.

8.2.4 The purchaser’s e-mail and phone number.

8.2.5 A description of the defect to the Product.

8.2.6 If required by Awake; photos, videos, and other material relating to the malfunctioning Product(s).

8.12.7 Any further information reasonably requested by Awake to verify and support the claim.