UglyBoards, Malibu

Terms of Sale
(Last update 3/13/11)

UglyBoards, Malibu manages the sales of The Ugly Special Edition, Limited Edition, Hybrid and Super Ugly Bob Purvey Design surfboards.

HOW TO ORDER:  Download the order form. Fill it out and mail it to us with your 50% deposit.  It is up to the customer to provide any additional materials needed to assist in making accurate color, pattern or design choices during the manufacturing process. Our Order Form LE FAQ's, Order Form Hybrid FAQ's and Order Form Super Ugly FAQ's will assist in answering questions when filling out your order.

Make check payable to: UglyBoards, Malibu

Mail to: UglyBoards c/o 12th Floor Foam & Glass - P.O. Box 4521, Garden Grove, California 92842 USA

After placing an order, you will receive an email from us acknowledging that we have received your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a surfboard. 

If we have any questions, we’ll go over it with you and once approved, you'll have 3 days, then your 50% deposit is non-refundable, your check will be deposited and once it has cleared, manufacturing begins.

Returned checks are subject to bank charges and handling fees, which are payable by the customer (depending on bank, fees range from $40 to $100).

All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the receipt of your order (the “Shipping Confirmation”). A contract with us will only be formed when we send you the Shipping Confirmation.  The contract will relate only to those products whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order in a separate Order Confirmation.  We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price.

Deposit. Upon Confirmation of Shipment, customer shall pay UglyBoards, Malibu a deposit of 50% toward the total price as a precondition to manufacturing, which deposit is to be credited to payment with a 50% balance due on the total price. Balance must be paid in full before shipment is made. DEPOSIT IS NON-REFUNDABLE ON THE 4TH DAY AFTER SHIPPING CONFIRMATION IS ISSUED.

Term. You will be notified by phone or email that manufacturing completed and board is ready to be picked up or shipped. Customer will have 30 days to pay balance or a $3 a day storage fee will start to accrue for up to 60 more days.  After 90 days from the completion date, customer is in arrears on the account, UglyBoards, Malibu may then cancel this Contract and sue for its damages, including lost profits, offsetting the deposit there against, and further recover its cost of suit including attorney fees.

Shipping: Customer may pick up or have the surfboard and any accessories shipped. Shipping arrangements may be determined when the Shipping Confirmation is placed.  USA shipping only is included with the purchase price of the Limited Edition.  Unless otherwise stipulated, shipping and any national or international charges, if applicable, are charged separately to the customer.  UglyBoards, Malibu will make shipping arrangements with preferred carriers.  Packaging and handling charges for shipping will apply to customers total cost.

Risk of Loss.  The risk of loss from any casualty to the Goods, regardless of the cause, will be the responsibility of UglyBoards, Malibu until the Goods have been received by the shipping carrier. Shipping insurance coverage for shipping is required and is the customer’s liability, and paid for by the customer.

Warranty. We warrant that the goods sold hereunder are new and free from defects in workmanship and materials. Our liability under the foregoing warranty is limited to replacement of goods or repair of defects or refund of the purchase price at our sole option. No other warranty, express or implied, is made by us, and none shall be imputed or presumed.

Taxes. All sales taxes, tariffs, and other governmental charges shall be paid by Customer and are Customer's Responsibility Except As Limited By Law.

Governing Law. This Contract shall be governed by the laws of the State of California.  Any disputes hereunder will be heard in the appropriate federal and state courts located in Los Angeles County, California.

Force Majeure. UglyBoards, Malibu may, without liability, delay performance or cancel this Contract on account of force majeure events or other circumstances beyond its control, including, but not limited to, strikes, acts of God, political unrest, embargo, failure of source of supply, or casualty.

Miscellaneous. This Contract contains the entire agreement between the parties and supersedes and replaces all such prior agreements with respect to matters expressly set forth herein.  No modification shall be made to this Contract except in writing and signed by both parties. This Contract shall be binding upon the parties and their respective heirs, executors, administrators, successors, assigns and personal representatives.

Prices and availability of products are subject to change without notice.  Errors will be corrected when discovered.

Risk of Loss: All items purchased are made pursuant to a shipment contract.  This means that the risk of loss and title for such items pass to you upon tender of the item to the shipment carrier.

Non-U.S. Pricing: Pricing of products available for purchase by non-U.S. customers may vary by country and from our prices for our U.S. customers, owing to the inclusion of all or a portion of shipping, taxes, duties and imports factored into the price of the product.

Distance Selling Regulations:  If you are contracting as a foreign consumer, you may cancel an order that we have accepted at any time within seven (7) days after the Shipment Confirmation date.  In this case, you will receive a full refund of the deposit price paid for the products.  Please note, if there are any institutional transaction fees for deposit transfers you must pay the cost of return of the deposit funds and any associated transaction fees to us under the policy, unless the order is cancelled by us, in which case we will bear your costs of transaction fees in question to us.

You will not have the right to cancel an order under these provisions after seven (7) days because the manufacturing process will begin.

To cancel an order, you must inform us by both email and by phone contact information located at the top of each page of the Site and get a Confirmation of Cancellation notice emailed or sent to you.

Delivery Times: Your order will be fulfilled in the order it was received.  Manufacturing takes approximately 6 weeks (45 days) from within a reasonable time of the date of the Shipping Confirmation, which could, in exceptional circumstances, be longer than 60 days.

Disclaimers of Warranty and Limitations of Liability: To all customers, we warrant to you that, the surfboard purchased from UglyBoards, Malibu is of satisfactory quality and reasonably fit for all the purposes for which the surfboard is commonly used and will conform with description or sample we provide.

Our liability for losses any international customer suffers as a result of us breaking these Terms and Conditions or anything else we do or do not do in connection with any order is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking the agreement.  Losses are foreseeable where they could reasonably be contemplated by the parties at the time your order is accepted by us.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable, including but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; or (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.

This does not in any way limit or exclude any liability of us (a) under section 2(3) of the Consumer Protection Act 1987, (b) for breach of any condition as to title or quiet enjoyment implied by section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982; (c) for death or personal injury caused by our negligence or (d) for fraudulent misrepresentation.

Other than the warranties and other assurances we give you in these Terms and Conditions, UglyBoards, Malibu specifically disclaims all warranties, conditions and other terms of any kind, whether expressed or implied, including but not limited to implied terms of satisfactory quality or fitness for purpose.  No oral advice or written information given by UglyBoards, Malibu shall create a warranty (unless made fraudulently).

COPYRIGHT You acknowledge that the content of our web site, catalogs, brochures and/or sales materials contains information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.  All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content.  You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part.  If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices and give credit and references if need be in place of the lack thereof.  Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to “fair dealing” under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.

Nothing contained in the Content should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.

INTELLECTUAL PROPERTY INFRINGEMENT: We rely on a network of independent affiliates, subsidiaries, agents, third-party product providers, third-party Content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, "Associates") who supply some of the goods advertised on the Site and, in some cases, drop ship them directly to our customers. In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site, or items advertised on the Site, by our Associates.  If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements.  It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site.  In order for us to investigate your claim of infringement, you must provide us with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you believe has been infringed;
3. A description of where the material that you claim is infringing is located or identified on the Site; Your name, address, telephone number, and e-mail address;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
5. A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.

The above information should be provided to our agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:
By mail:
UglyBoards
P.O. Box 4064
Malibu, California 90265, USA
By phone:
(310) 457-8306
By e-mail:
uglysurfboards@theuglysurfboard.com

TRADEMARKS: Ugly and Super Ugly are registered trademarks with the United States Trademark Office (USPTO) and owned exclusively by Bob Purvey. Other marks which may or may not be designated in the Content by a “™” “®” “SM” or other similar designation, are registered, pending or unregistered trademarks or service marks of Bob Purvey, in the United States and other countries.  Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Bob Purvey.  Bob Purvey’s trademarks and trade dress may not be used in connection with any product or service that is not Bob Purvey’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bob Purvey.  All other trademarks not owned by us that appear in the Content are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bob Purvey.

Applicable Law: If you access the UglyBoards, Malibu Terms of Sale from our web site, brochures, catalogs or sales representatives or from anywhere other than the United States or Canada, you agree that English law will govern these Terms and Conditions and that any dispute of any sort that might arise between you and UglyBoards, Malibu or its affiliates and subsidiaries shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Applicable Law: If you access the UglyBoards, Malibu Terms of Sale from our web site, brochures, catalogs or sales representatives or from anywhere other than the United States or Canada, you agree that English law will govern these Terms and Conditions and that any dispute of any sort that might arise between you and UglyBoards, Malibu or its affiliates and subsidiaries shall be subject to the exclusive jurisdiction of the courts of England and Wales.

These Terms and Conditions were last revised and made effective as of January 1, 2012.

EMAIL ENQUIRIES TO: uglyboards@theuglysurfboard.com