Limited Warranty and Damages Limitation
Our fins are warranted against defects and breakage during normal use while surfing only (this excludes hammering on the fin, for example (yes, it occurs!)) for the first 90 calendar days from the date of purchase, excluding impact between your board and other objects and excluding leash-induced breakage. We reserve the right to repair or to replace the fin. Shipping and handling of the replacement fin or parts shall be prepaid by customer. We do not cover consequential damages. Our total responsibility is limited to the value of the fin itself. Except as stated, there are no other express or implied warranties of any kind. No, we do not replace fins that have been surfed onto reefs!
If you have concerns about your fin, contact us. We are pretty easy-going, and like having happy customers.
More Legal Mumbo-Jumbo: Risk, Responsibility, Warning, Assumption of the Risk
Surfing can be hazardous to your health.
Seriously, surfing involves certain risks inherent to the sport, risks both from natural conditions, and from human-made devices such as surfboard fins–like falling onto them from a wave or otherwise. Just as coffee drinkers assume the risk that the coffee might be hot, or perhaps even hotter than expected, surfers must accept the known and the unknown risks of the sport. Waves sometimes are unpredictable, as is the action of a board propelled by a wave. By the act of using this fin, the user of our fins knowingly accepts the terms and conditions set forth in this document, knowingly assumes all known and unknown risks in any way related to the product, agrees to hold harmless and not to sue the manufacturer and all persons or entities in the stream of commerce related to the product including without limitation surf shops that provide demo fins, and agrees to defend and indemnify said persons, even where the use of this fin is by another person, or injures another person during use. The fin purchased could cause or contribute to personal injury as by falling onto the fin, by the fin falling onto the user, or otherwise. The person buying the fin assumes all risks in any way related to the fin, known and unknown.
The person purchasing the fin agrees that he or she is over the age of 18, agrees to the application of Texas law, to jurisdiction and venue in Austin, Texas, and to AAA binding arbitration of any and all disputes by the cheapest and most expedient means available. If not over the age of 18 years, your parent or guardian must agree to these terms. If you or your parent or guardian don’t agree to these terms, we would be happy to give you a refund. We want to have fun, to help others have fun, and not get sued in the process. We hope you enjoy your new fin!
Release of Liability and Disclaimer
The parties expressly intend that no person or entity will have any right to any claim or cause of action against Wavegrinder, Inc. dba FinSciences, or any of its owners, shareholders, employees, distributors, or anybody else in the chain of commerce. The parties intend that this is a complete release of liability for any and all claims, and bars any action of any kind. The parties intend that
Wavegrinder, Inc. dba FinSciences, and all of its owners, shareholders, employees, distributors, and everybody else in the chain of commerce are to be held harmless and without responsibility of any kind connected in any way with this transaction, the products or services of Wavegrinder, Inc. dba FinSciences, and its owners, shareholders, employees, distributors, and everybody else in the chain of commerce. The parties agree that the buyer has been expressly given notice of these provisions, and agrees that this notice is sufficiently conspicuous to alert buyer to the terms of purchase, sale, and use. The parties intend and agree that the entities and people described are relieved of any and all claims, of every kind, including claims based on warranty, claims based on negligence, claims based on product defects, and all other claims of every type. The parties intend that they are of equal bargaining strength, and that this is not a contract of adhesion, or an unconscionable contract. Should buyer wish to discuss these terms and conditions, and potentially negotiate a change in the terms and conditions, he or she may do so by contacting us.
Intent of the Parties
As a supplement to everything else in this agreement, the parties intend that Wavegrinder, Inc. dba FinSciences, and all its employees, agents, shareholders, distributors, and anybody else in the chain of commerce will have no liability to anybody in any way arising out of the purchase, sale, and use of products or services acquired from this site. Nobody needs to buy any product or service from us. Fins are but one part of a surfing and SUPing system including the surfer and SUPer, board, wave and weather conditions, and factors beyond the control of both parties. The sale is made with the intent that people have fun, but that no liability is created in the process. Any court reviewing this agreement, related transactions, and potential liability shall consider the parties’ intent in determining contractual or other liability.
Comments and Communications Policy
Comments relevant to this site and not in poor taste, not overly contentious, or and comments that are not disrespectful of others of of others’ opinions are encouraged. We make an effort to review comments before allowing them to be posted, but we do not necessarily review all comments–misstatements of fact or opinions are point of view by those expressing them, not necessarily of the owners of this site. By the act of making a comment on this site, the commenter agrees to defend and indemnify this site and its owners from and against any liability, claims, demands, settlements judgment in any way arising out of the comment made, and agrees to so indemnify even in circumstances where the indemnitees’ negligence, if any, combines with the indemnitor’s negligence. The indemnitor’s duty to indemnify can only be defeated by establishing either that the indemnitees’ negligence was the sole cause of the third party’s harm, or that the indemnitees’ conduct was intended to harm the third party. The owners of this site have the right, but not the duty, to removed material that in its judgment is offensive, irrelevant, disrespectful, inappropriate, or otherwise in the site’s owners something worthy of being deleted.
We love hearing about our fins via emails, and love getting testimonials. Unless you tell us otherwise, you agree that we can use communications to us for promotional purposes.
Should you wish a refund on an unused product in brand-new, resellable-as new condition, please mail the product back to us at this address: 2700 Trimmier Road, Killeen, Texas 76542. We will be refund the original purchase price, less postage, once we receive the product. Please understand that at this time we do not offer products on a trial basis absent prior agreement, we do not sell products that have been used, are scuffed, or otherwise in as-new condition, and we don’t pay for shipping, we ship around the world.
Contact us with Questions or Comments
Should you have any questions or concerns about these policies, we’d be happy to address them with you via phone or email, just contact us.