Epic Kayaks – Warranty and Refund Policy
Epic Kayaks Hawaii LLC (Epic) is the distributor of Epic Kayaks products in Hawaii, including all Epic Kayaks branded surfskis, kayaks (excluding SLS) and accessories (Goods).
Our warranty policy applies to all Goods sold in Hawaii, where permitted by law, to consumers as defined in the American Consumer Law.
Our Goods come with guarantees that cannot be excluded under the American Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
This warranty against defects applies to all Goods in addition to these consumer guarantees.
Caring for your ski or kayak
Epic surfskis are handcrafted. With this comes potential for minor imperfections, including at the date of delivery. Minor imperfections are cosmetic, and do not constitute defects.
Our skis are made for use in salt water, primarily the ocean, harbours and rivers. These conditions mean that the skis will experience some wear over time. They are designed to do so.
We recommend that, in order to maximise the life of your ski and to maintain it as best as possible, you adopt the following steps:
- Wash your ski down after every use with fresh water, including in the bailer and other moving parts
- Store out of sunlight and with the breather open (but not where water can get into it), and where possible, under shelter
- Lay upside down when stored
- When transporting the ski, use rubber tip tie down straps and tie down to the vehicle securely in both front and back.
- A cover may be used to transport and/or protect against direct sunlight.
- We recommend closing the bailer prior to exiting the water. Avoid sand, dirt and grim in the mechanism to prolong the life of the bailer.
Our surfskis, kayaks and paddles are made from composite materials, specific to the lay-up you purchase. Scratches and damage from collisions to the ski, whether in or out of the water, can happen and fall outside of the manufacturer’s warranty. In most instances, this type of damage is cosmetic however, when in doubt, please visit a reputable boat builder for advice on your watercraft.
What and who is covered?
For 12 months from the date of sale of the Goods, or any authorised distributor, to the Buyer, the Seller will replace or repair any defective Goods without charge. This is subject to the balance of this policy. This policy does not extend to second owners of the ski.
This is as long as the damage does not arise from or relate to:
- improper adjustment, calibration or operation by the consumer;
- the use of accessories not manufactured or approved by Epic;
- any modifications of the Goods which were not authorised in writing by Epic;
- any misuse of the Goods by the consumer or anyone for whom the consumer has legal responsibility (including a minor);
- normal wear and discolouration or cloudy areas in the hull;
- heat or weather damage;
- damage from transportation or storage;
- damage caused by alterations or modifications of the Goods not authorised in writing by Epic;
- damage caused in the water. Surf damage to surf skis or wing paddles is not considered a manufacturing defect;
- damage caused to any Goods used for promotional, rental or demonstration purposes. Demo or used equipment is not covered under warranty;
- any use or operation of the Goods outside of the physical specifications of the Goods; or
inadequate or improper maintenance of the Goods.
- This warranty is for the benefit only of the lawful owner of any Goods purchased in Hawaii, and evidence of ownership will be required for any warranty claim.
What is required for any warranty claim – what you must do and what will happen
Any person claiming under this policy must:
- Immediately cease using the Goods as soon as any issue the subject of a warranty claim is noticed.
- contact the dealer (where applicable) from where the Goods were purchased (or if they were purchased from Epic directly, contact Epic by phone on +1 (808) 469 21 82.
- or at email@example.com
- When making first contact, provide:
- proof of purchase and ownership. No warranty claim will be honoured without such proof being provided.
- If requested by Epic or any dealer, the serial number (or images showing it) found on the starboard side of any boat;
- Where requested, images of the Goods and any alleged defects
- A summary of the issue including when it first arose and what you believe caused it.
- upon receipt of this information, the dealer and/or Epic will be in touch with the owner of the Goods and request the Goods be taken to a local qualified boat builder assessment (this is to reduce unnecessary transport costs). This consultation cost would be borne by the customer unless a manufacturing defect is established. If a local builder is not in the area, Goods must be returned to the dealer (or Epic only if purchased directly or requested by Epic) at the customer’s cost. Again, this cost will be reimbursed if the Goods are proven to be defective.
- The dealer and/or Epic may request a third party opinion, i.e a qualified boat builder. If a third party confirms that the claim is not a manufacture warranty or otherwise is not covered by this policy, the claim shall not be accepted by Epic and the Goods shall be transported back to the customer at the customer’s cost (payment to be made prior to despatch).
- If the third party opinion does confirm a manufacture warranty, in the first instance, Epic will always try to repair the issue in order to rectify any defect. This shall not require Epic to return the Goods to as-new condition and blemishes may remain. The customer must accept the Goods once any defect is rectified.
- Epic will, at its sole discretion, replace any Goods if it determines (in its sole discretion) that the Goods are not able to be rectified.
- In these instances, Epic shall replace the ski and transport to the customer (if purchased directly from Epic) or to the dealer (if purchased by a dealer). Epic has no responsibility to organise and/or pay for transport from the dealer to the customer in these instances.
- Refunds will not be given for change of mind in relation to any Goods.
- Refunds will only be given where required by this policy or by law.
Limitation of Liability
- To the extent permitted by the American Consumer Law and relevant state legislation, the sole obligation of Epic is to use its best endeavours to provide the Goods, or to repair the Goods, or repair or replace (at Epic’s discretion) any part of the Goods which is found to be defective during the 12 months from the sale of the Goods.
- If any Goods supplied under this agreement are supplied to the customer as a “consumer” of goods or services within the meaning of that term in the American Consumer Law (as amended) or relevant state legislation, the consumer will have the benefit of certain non-excludable rights and remedies in respect of the goods or services. Nothing in this policy excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the American Consumer Law or similar legislation is so conferred.
- If the product is a product not ordinarily acquired for personal, domestic or household use or consumption, under provisions of relevant state legislation, Epic limits its liability to payment of an amount equal to the lowest of:
- the cost of replacing the goods or supplying equivalent goods;
- the cost of repair of the goods;
- the cost of having the goods repaired or replaced.
- Unless otherwise not permitted by law, Epic is not liable for default or failure in performance of its obligations pursuant to this policy resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials including ink, chemicals and paper, labour or transportation or any other cause beyond the reasonable control of Epic.