Terms & Conditions of Sale

 

Welcome to Inboard Technology, Inc.’s (“Inboard”) online store.   When you purchase products from our online store, you agree to be bound by these terms and conditions (“Terms and Conditions”) and any other terms we may supply, including but not limited to our Terms of Service and our Privacy Policy.

PLEASE READ THE TERMS OF SALE CAREFULLY BEFORE PURCHASING OUR PRODUCTS.  BY PURCHASING PRODUCTS FROM INBOARD, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS AND CONDITIONS.   YOU ARE ALSO REPRESENTING AND WARRANTING THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR PLACE OF RESIDENCE TO PURCHASE AND USE OUR PRODUCTS.  IF YOU DO NOT AGREE TO THESE TERMS, YOU CANNOT PURCHASE INBOARD’S PRODUCTS. 

Our online store and the products offered in our online store are for retail sales to private consumers only and not for resale.   If you are interested in wholesale or distribution of our products, please contact Inboard at: sales@inboardtechnology.com.

PRE-ORDERS

You will be charged at the time you place your pre-order.  All pre-orders are handled by Stripe, our third party payment processing partner.   When you place a pre-order, you are expressly agreeing to these Terms of Sale, as well as our Privacy Policy.  Please remember, the pre-order price does not include duties, taxes and other governmental charges.  You are solely responsible for those other charges.

PAYMENT

By providing a payment card, you represent and warrant that you are authorized to use the payment card and that you authorize Stripe—our third party payment processor—to charge your payment card for the total amount of your order (including all applicable taxes and other charges).   If the payment information you supply us is rejected or we cannot otherwise process your transaction, your order may be canceled, suspended, or delayed.   It is your responsibility to resolve any payment problems Inboard encounters while processing your order.   If you wish to alter, amend, or change your payment information, you can do so at any time by logging into your Inboard account, and updating your payment information. 

AVAILABILITY AND PRICING

All products offered on Inboard’s site are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain products without prior notice. Prices for our products are subject to change at any time, but changes will not affect any order(s) you have already placed.

SHIPPING

Prices for the products offered for sale in our online store do not include shipping costs.  Our delivery charges and methods are as described on our website from time to time.   Title for products purchased from our online store passes to the purchaser at the time of delivery by Inboard to the freight carrier, but Inboard and/or the freight carrier will be responsible for any product loss or damage that occurs when the product is in transit to you.

The products available on the store have been designed, marketed and sold for use by residents of the United States. All safety warnings, information, instructions, packaging, in-box materials, mobile apps, and support services are provided only in English.  The products available on our online store are not intended for use outside of the United States. You are responsible for complying with all applicable laws and regulations of the country for which the product is destined. We are not liable or responsible if you break any such law.

RETURNS

If you want to return or exchange anything you bought from us, no problem. You have 30 days from the date of shipping to make sure what you ordered from Inboard is right for you. If you aren’t 100% satisfied with your purchase, you can return your order for a refund, store credit, or exchange — your choice.  Please note that any product you return needs to be in new condition and with the original tags or packaging to be eligible for a refund or exchange.  Inboard reserves the right, at our sole discretion, to determine whether a returned product is in new condition.  We will return/refund the full amount you paid less the shipping. 

You are responsible for return shipping charges and any damage that may occur in transit. 

LIMITED WARRANTY

Inboard warrants all products sold by Inboard to be free of defects in material and workmanship for a period of one (1) year from the date of purchase (date of shipping in the case of pre-orders) unless otherwise specified on the product.   If a product is found to be defective by Inboard, in its sole discretion, Inboard’s only responsibility will be to replace the defective product.   Inboard will not be responsible for any costs, losses or damages incurred because of the loss or use of any of its products, and Inboard specifically disclaims all claims for consequential and incidental damages. 

This limited warranty is subject to several important restrictions:

  • This limited warranty only applies to products purchased directly from Inboard or from an Inboard Authorized Reseller.
  • This limited warranty is valid only for the original purchaser of a product, and it cannot be transferred to another person upon the sale, lease, or transfer of the product.
  • This limited warranty does not cover normal wear and tear.
  • This limited warranty does not apply to anything other than defects in the manufacturing and workmanship of the product.
  • The limited warranty is waived if you seek to repair the product using anything other than approved Inboard products and services, or if you seek to combine the product with any third party product (like sealants, cameras, wheels, trucks, or custom treads). 

If, upon its inspection, Inboard discovers that you have modified, changed, or altered the product in any way, this limited warranty is waived.

Inboard gives no warranty regarding the life of the batteries used in its products. Actual battery life may vary depending on a number of factors, including the configuration and usage of a product.

You use our products is at your own discretion and risk. You will be solely responsible for (and Inboard disclaims) any and all loss, liability or damages resulting from your use of our products , including loss of life, personal injury, or the loss of or damage to computer, mobile device, and all other property. Inboard does not guarantee or promise any specific level of performance or battery life associated with the use of its products or any feature of them.

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 THE LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WITH THE EXCEPTION OF ANY WARRANTIES IMPLIED BY STATE LAW AS HEREBY LIMITED, THE FOREGOING LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES, AGREEMENTS AND SIMILAR OBLIGATIONS OF MANUFACTURER OR SELLER.

7.   DATA COLLECTION

By placing an order for Inboard’s products, you agree and understand that Inboard may store, share, process and use data collected from your order form or phone/fax/email order for the purposes of processing the order. Inboard may also share such data with its subsidiaries and affiliates. Inboard will protect your information in accordance with our Privacy Policy. Inboard works with other companies that help it provide our products to you, such as freight carriers and credit card processing companies, and you hereby acknowledge that Inboard may have to share certain information with these companies for this purpose.

8.   LIMITATIONS

Nothing in these Terms & Conditions and in particular within this "Limitation of Liability" section shall attempt to exclude or limit liability that cannot be excluded under applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) INBOARD BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF INBOARD KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) INBOARD’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO INBOARD OR INBOARD’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR SIX (6)MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. INBOARD DISCLAIMS ALL LIABILITY OF ANY KIND OF INBOARD’S LICENSORS AND SUPPLIERS.

9.   DISPUTES

Any dispute relating in any way to your use of the products or these Terms and Conditions, shall be submitted to confidential arbitration in California, U.S.A, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court having jurisdiction. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. Arbitration under these Terms and Conditions shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the sale or use of Inboard’s products or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever banned.  No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No instance of waiver by us of our rights or remedies under these Terms and Conditions shall imply any obligation to grant any similar, future or other waiver.

10.   CHOICE OF LAW

All matters relating to these Terms and Conditions and any dispute or claim arising under or relating to the products or these Terms, shall be governed by and construed in accordance with the internal laws of the state of California, U.S.A. without giving effect to any choice of law provision of rule (whether of the state of New York or any other jurisdiction.)

11.   FORCE MAJEURE

You agree that Inboard is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

12.   SEVERABILITY

In the event that a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of these Terms and Conditions are deemed to conflict with each other’s operation, Inboard shall have the sole right to elect which provision remains in force.

13.   NON-WAIVER

We reserve all rights permitted to us under these Terms and Conditions as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms and Conditions or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

14.   ASSIGNMENT

You may not assign your rights and/or obligations under these Terms and Conditions to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms and Conditions to any other party at our discretion.

15.   CALIFORNIA USERS AND RESIDENTS

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Inboard must be addressed to our agent for notice and sent via certified mail to: Inboard Technology Inc., 2636 S. Rodeo Gulch Rd, Unit D, Soquel, CA 95073. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.