ClearBlueHawaii.com

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Terms & Conditions		Clear Blue Hawaii Terms & Conditions Welcome to Clear Blue Hawaii! Your relationship with Clear Blue Hawaii. Your use of Clear Blue Hawaii products and or services will be governed by the terms & conditions in this agreement. This agreement is entered into effective upon submission of this form or purchase of any Clear Blue Hawaii products and or services. The Agreement is entered between Clear Blue Hawaii, LLC. it’s Assignees, Affiliates, Successors and all Associated Entities (the “Company”) and between you, your Assignees, Affiliates, Successors and all Associated Entities (“User”). Non Disclosure. The Company wishes to enter into a collaboration with the User in connection to the Clear Blue Hawaii Brand and its products as set forth in section “Product”. For that purpose the Company may make certain Confidential Information available to the User. The User agrees not to disclose any and all information provided by the Company. This information may include Company’s prototypes, samples, technical data, trade secrets, knowhow, actual and anticipated research, developments or products, product plans, inventions, concepts, ideas, designs, drawings, customers, markets, distribution methods, financial information, compositions, drawings, diagrams, studies, work in process, visual demonstrations, manufacturing plans, customer information, and other data, whether oral, written, graphic, or electronic form shall be considered "Confidential Information". For good and valuable consideration, the User agrees not to compete with the Company. The term "not to compete" shall be defined as meaning that the User shall not engage in Reverse Engineering, Manufacturing or Distribution of those products/designs that are unique to the Company. The Company unique products shall be defined as the Clear Blue Hawaii family of Glass Bottom/Transparent Products and any and all unique products/designs that the company distributes. This non compete clause shall remain in effect for fifteen (15) years from the date of form submission and shall extend World Wide. Warranty. Clear Blue Hawaii warrants to the original owner that their product will be free of defects in workmanship and materials under normal use for the period of six months for fiberglass products and one year for inflatable / plastic products from the date of purchase. This warranty does not cover wear and tear due to normal use, or damage to the product as the result of improper usage, improper maintenance, neglect of care, alteration, or accident. In the event of a defect, malfunction or other failure not caused by normal wear and tear, improper usage, improper maintenance, neglect of care, alteration or accident, Clear Blue Hawaii will have the option to repair or replace the product at their discretion. Contact a customer care representatives with all the applicable information, the model type, serial number, proof of purchase, date acquired, location of dealer and images of defective area. You will then be instructed on how to attain satisfaction under this warranty. All products or parts returned must be pre-authorized accompanied by a return authorization. Particular Clear Blue Programs are not covered by this warranty and are subject to specific limitations. THIS WARRANTY EXCLUDES CLAIMS FOR RESULTING DAMAGES, INCIDENTAL DAMAGES AND INCIDENTAL COSTS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE ARE LIMITED TO ONE YEAR FROM DATE OF RETAIL PURCHASE. To the extent any provision of this warranty is prohibited by a federal, state, or municipal law which can not be preempted, prevision shall not be applicable. This warranty gives you specific legal rights and you may also have other rights which vary from state to state. Clear Blue Hawaii, LLC is not liable for any injury or damage to any person or property sustained as a result of the use of products produced by Clear Blue Hawaii, LLC. The user of any such product acknowledges and assumes any and all risk related with the use of such and waives any and all claims against Clear Blue Hawaii, LLC, its affiliates, agents and assignees. Orders. Please note that all orders will be processed the moment your credit card is authorized, your check is received, deposited or your wire transfer is credited to Clear Blue Hawaii’s account. Due to the nature of our innovative products & frequent extreme high demands the listing of a particular product does not constitute a guarantee or promise of availability. In the event that the product ordered is not in stock we will ship the order out the moment that the item is received into our inventory. If a product you have ordered is not available we will try to contact you to provide status on your order. We strongly encourage all our customers to provide a daytime phone number so we may contact them if any delays occur. Non Exclusivity & Corporate Identity. In no way does this agreement allow the User to license the name Clear Blue Hawaii or any derivative name that includes the words “Clear Blue”. Any and all use of these names must be pre-approved by the Company. The User shall also request for approval on any and all published art work the uses the name Clear Blue Hawaii, Clear Blue Derivative including all related Company products, verbiage and Corporate Identity. Shipping . Some of our products require a lot of attention to detail and may take as long as 6-8 weeks to ship from the time the order is placed. Production orders can range from 60, 90, 120 days depending on quantity and availability of materials, OEM orders are subject to 120 days. Many Clear Blue Hawaii product orders are shipped out within 48-72 hours of the order being received. The processing time of an order is completely separate from the shipping time, therefore, to estimate delivery time, please consider the following steps: 1. The time an order is received by our office is sometimes delayed up to 48-72 hours. 2. The processing time of the order. 3. The actual delivery time of the shipping company. Our office and distribution center is open Monday thru Friday, 10am to 8pm PST. No orders are processed or shipped on weekends and holidays. This steps vary from orders that are shipping FOB China. Refunds . All orders are Non Refundable for ANY reason asides from a manufacturers defect. Any Product returned to Clear Blue Hawaii, LLC must be approved and accompanied by a “Returned Authorization”. Unauthorized returns are subject to a 25% restocking fee and additional processing fees. Refunds will only be issued by the method paid. If an order was paid with a check, Clear Blue Hawaii, LLC will mail you a check, if paid by a credit card, the refund will be posted to the designated account. In the event that a credit card account is closed, the Accounting Department will only be able to issue a refund until a total of 180 days after the transaction date. We will then mail a check for the refund. Products missing or having damaged packaging will be charged a $75.00 packaging fee. Refunds are done at the discretion of Clear Blue Hawaii, LLC. There are no ship back charges to Clear Blue Hawaii, LLC allowed. Customers attempting to return product without authorization will be reshipped their original product and recharged ground shipping for domestic customers or air fees for international customers. Restocking/Discarding Fees. If for any reason an order is cancelled or an item is returned to Clear Blue Hawaii, LLC, outside these terms and conditions, a 25% "Restocking/Discarding" fee will apply. Shipments Declined / Returned to Sender. If for any reason a shipment is refused, this will be considered outside Clear Blue Hawaii, LLC Terms and Conditions, and an additional 25% "Restocking/Discarding" fee will apply, including the cost of the shipment to the client port as well as delivery back to Clear Blue Hawaii, LLC’s warehousing facility and any and all demurrage fees charged by freight company. Credit Card Chargeback’s . Processing a Chargeback are outside Clear Blue Hawaii, LLC’s "Terms and Conditions". In the event that a chargeback is initiated towards Clear Blue Hawaii, LLC, the customer will be imposed a 25% restocking fee plus the percentage charged to Clear Blue Hawaii, LLC, by the merchant services provider. Reshipping Fees. If for any reason an item is returned to Clear Blue Hawaii, LLC outside these "Terms and Conditions", an additional $99.00 shipping and handling will be imposed against your account as well as all penalties/fees as stated above. Order Cancellation. Once an order has been placed there are no cancellations. When an order is received custom batches are scheduled into production which require the pre-ordering of materials and components specific to your order. The customer assumes all charges when placing an order. If your order is refused and returned to Clear Blue Hawaii, LLC you will be charged an additional penalty depending on the size of the shipment and the destination location. There are no exceptions. All penalties/charges are designed to cover the cost of scheduling productions/processing/shipping the product to your location and or back to our distribution center. Indemnification. The User hereby agrees to indemnify and hold harmless the Company in the event of any and all liability, claims, suits, losses, costs and legal fees caused by, arising out of, or resulting from any and all relationships between Company and User. Enforcement . The Company and the User understand and agree that, in the event of any breach the disclosing party shall suffer an irreparable injury such that monetary damages will be inadequate to compensate the disclosing party for such breach. Accordingly, the disclosing party agrees that, in addition to all other rights and remedies at law in equity which might be available to the disclosing party in the event of any actual or threatened breach of this agreement, the disclosing party shall be entitled to objective relief in order to prevent or to restrain any such breach by the User, any of its Affiliates, or by any other person directly or indirectly acting for, on behalf of or with the User. Governing Law and Equitable Relief. The governing law of this Agreement will be based on the laws and regulations promulgated by the State of Hawaii, USA without giving effect to principles of conflicts of law. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. Thank you for allowing Clear Blue Hawaii, LLC to serve your watersports needs!
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