Warranty

• This warranty is valid for the duration of the original purchaser’s lifetime
• Manufacturing defects including materials, components, or workmanship at the time of receipt
• Materials and components refer to zippers, buckles, and fabrics, etc. Workmanship refers to seams and construction.
• Takeya USA’s sole obligation under its warranties, and at its sole discretion, is to repair or replace the product.

WHAT IS NOT COVERED UNDER THE LIMITED LIFETIME WARRANTY?

• Improper use or misuse of the product
• Damage or defect caused by cleaning, disassembly, alterations, or modifications.
• Any product which has been modified or repaired by anyone other than Takeya USA.
• Damage due to normal wear and tear such as rips, tears, abrasions or UV degradation, misuse, fire, natural disasters, or neglect is not covered under our warranty policy.
• If a product is damaged during flight, transport or by any carrier, you must immediately report such damage directly to the transport operator or carrier, as this damage is not covered by Takeya USA.
• Takeya USA is not responsible for loss, damage or cost resulting from the use or loss of our products.
• This warranty does not cover normal wear and tear or the natural breakdown of colors and materials over extended time and use. “Normal wear and tear” generally mean the wear and tear caused by the expected use of the bag/sling over an extended period. If the fabric is discolored, degraded, de-laminated or deteriorated, we may determine this to be the end of “product life”. If a major component fails due to extended use, we may deem the product to have met its full life cycle.

WARRANTY APPROVAL

Before submitting a warranty claim to Takeya, USA® please review the following:

• Authorized Dealer: You must have purchased the product from a Takeya USA authorized dealer.
• Product Registration: Register your Takeya USA product here: CLICK HERE
• Use and Care: You must have used the product only as intended and in accordance with the product’s care instructions.
• Product Inspection and Review: Takeya USA reserves the right to request images or the physical product to be sent to our office for additional review and to verify the claim prior to Takeya US shipping you a warranty replacement product.
• Product Defect During Intended Use: If you experience a defect covered by this limited warranty during the intended use according to the product care instructions , Takeya will provide replacement parts or replace, at our discretion, the defective part or product.
• Custom Product and Personalization: If the product has been customized by Takeya, a comparable replacement of the part or product will be provided but will not be customized to the original product purchased. If you have a product with a custom logo, Takeya is unable to screen print or engrave the original artwork on the replacement part or product provided. The replacement product under warranty will be similar in size and color to the original product purchased.
• Third-Party and Unauthorized Resellers Alterations: The Warranty does not cover custom modifications, replacement parts, or repairs by third-parties or unauthorized resellers.
• New Product Designs and Enhancements: Takeya continues to enhance products, colors, and designs during the time you purchased and submitted a warranty claim. In this case the products repaired or replace under warranty may not reflect these new product changes
• Discontinued and Limited Editions Product: Our team will make a concerted effort to replace discontinued product, limited editions, and one-time seasonal colors but cannot fully guarantee the availability for replacement. For any discontinued or limited addition product under applicable warranty that can not be replaced with an identical product a comparable item will serve as a replacement based on inventory availability.
• International Warranty Claims: If you purchased a Takeya product from a retailer located in Canada, Latin America, Asia, Europe, Middle East, and Africa please contact that retailer to initiate the warranty claim. This will ensure a prompt response and avoid unnecessary shipping and handling.

After reviewing the steps above, submit product issue here: CLICK HERE

WARRANTY DISCLAIMERS AND EXCLUSIONS AS TO ALL PRODUCTS

THIS LIMITED WARRANTY IS THE FULL EXTENT OF TAKEYA’S RESPONSIBILITIES AND IS YOUR SOLE AND EXCLUSIVE REMEDY AGAINST TAKEYA WHETHER BASED UPON WARRANTY, STATUTE, CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY), INDEMNITY, MISREPRESENTATION OR ANY OTHER BASIS. THIS LIMITED WARRANTY IS THE SOLE WARRANTY MADE BY TAKEYA REGARDING THE PADDLES AND IS IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REMEDIES, WHETHER WRITTEN, ORAL, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM THE COURSE OF DEALING OR USAGE OF TRADE. TAKEYA DOES NOT REPRESENT OR WARRANT THAT THE PADDLES (OR ANY COMPONENT THEREOF) WILL MEET ANY OR ALL OF YOUR PARTICULAR REQUIREMENTS.

YOU FURTHER ACKNOWLEDGE THAT YOU ARE NOT RELYING ON ANY STATEMENTS, REPRESENTATIONS OR WARRANTIES MADE BY ANY INDIVIDUAL ACTING ON BEHALF OF TAKEYA AS SUCH INDIVIDUAL, WHETHER EMPLOYEE OR AGENT, IS NOT AUTHORIZED TO MAKE STATEMENTS, REPRESENTATIONS OR WARRANTIES THAT EXCEED THOSE SET FORTH IN THIS LIMITED WARRANTY. NOTHING IN ANY PRODUCTION INFORMATION OR ADVERTISEMENTS IS INTENDED TO CREATE OR BE CONSTRUED AS AN EXPRESS WARRANTY OF ANY KIND WITH RESPECT TO THE PRODUCTS.

TAKEYA WILL NOT BE RESPONSIBLE FOR LOSS OF USE, LOSS OF INFORMATION OR DATA, COMMERCIAL LOSS, LOST REVENUE OR LOST PROFITS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF TAKEYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN LIEU OF ANY OTHER REMEDY FOR ANY AND ALL LOSSES AND DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER (INCLUDING TAKEYA’S NEGLIGENCE, ALLEGED DAMAGE, OR DEFECTIVE GOODS, NO MATTER WHETHER SUCH DEFECTS ARE DISCOVERABLE OR LATENT), TAKEYA MAY, AT ITS SOLE OPTION AND IN ITS DISCRETION, REPAIR OR REPLACE YOUR PRODUCT, OR REFUND ITS PURCHASE PRICE. AS NOTED, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY AS TO ALL PRODUCTS

TO THE GREATEST EXTENT PERMITTED BY LAW, THERE ARE NO EXPRESS OR IMPLIED WARRANTIES EXCEPT AS SET FORTH HEREIN. TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TAKEYA OR ITS AFFILIATES, OR ITS AND ITS AFFILIATES' RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, MANUFACTURERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, AGGRAVATED OR RELIANCE DAMAGES, HOWEVER ARISING, WHETHER FOR BREACH OF WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY), MISREPRESENTATION OR OTHERWISE, EVEN IF TAKEYA IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOUR RIGHTS MAY VARY FROM STATE TO STATE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, AND THEY DO NOT APPLY WHERE PROHIBITED BY LAW.

WHAT TO DO IF YOU ARE NOT SATISFIED WITH SERVICE

If you feel Takeya has not met its obligations under this warranty, you may attempt to resolve the issue informally with Takeya. If you are unable to resolve the issue informally and wish to file a formal claim against Takeya you must submit your claim to binding arbitration according to the procedures described below, unless an exception applies. Submitting a claim to binding arbitration means that you do not have the right to have your claim heard by a judge or jury, either individually or a part of a class of consumers. Instead your claim will be heard by a neutral arbitrator.

BINDING ARBITRATION AGREEMENT; CLASS ACTION WAIVER

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, UNLESS YOU HAVE BROUGHT AN ELIGIBLE INDIVIDUAL CLAIM IN SMALL CLAIMS COURT OR HAVE OPTED OUT AS DESCRIBED BELOW, ANY CONTROVERSY OR CLAIM RELATING IN ANY WAY TO YOUR PRODUCT, INCLUDING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS WARRANTY, A BREACH OF THIS WARRANTY, OR THE AFFECTED PRODUCT’S SALE, CONDITION OR PERFORMANCE, WILL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION AND CONDUCTED BY A SINGLE ARBITRATOR APPOINTED BY THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND ITS SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. You may learn more about the American Arbitration Association and its rules for arbitration by visiting www.adr.org or by calling 800-778-7879. Since this warranty may concern a transaction in interstate or international commerce, the Federal Arbitration Act may apply.

To the greatest extent permitted by applicable law, the filing fees to begin and carry out arbitration will be shared between you and Takeya, but in no event will your fees ever exceed the amount allowable by the American Arbitration Association, at which point Takeya will cover all additional administrative fees and expenses.

The dispute will be governed by the laws of the state or territory in which you resided at the time of your purchase. The place of arbitration will be Orange County, California, or your county of residence. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator will not award consequential damages, and any award will be limited to monetary damages and will include no equitable relief, injunction, or direction to any party other than the direction to pay a monetary amount. Judgment on the award rendered by the arbitrator will be binding and final, except for any right of appeal provided by law, and may be entered in any court having jurisdiction. Except as may be required by law, neither you nor Takeya nor an arbitrator may disclose the existence, content, or results of any arbitration under this warranty without the prior written consent of you and Takeya.

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. TAKEYA AND YOU AGREE THAT NO PARTY WILL HAVE THE RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED AS A CLASS ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.

EXCEPTIONS TO BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, THEN: (1) you must notify Takeya in writing within sixty (60) days of the date that you purchased the Product; (2) your written notification must be mailed to Takeya at 270 East Baker St E Suite 200, Costa Mesa, CA 92626 Attn: Takeya Customer Service; and (3) your written notification must include (a) your name, (b) your address, (c) the date you purchased the product, and (d) a clear statement that you wish to opt out of the binding arbitration agreement and class action waiver. In addition, you may pursue an individual claim in small claims court in your county of residence or in Orange County, California. In such case the provisions of the section titled “Binding Arbitration Agreement; Class Action Waiver” will not apply, but the rules and limitations of the small claims court shall apply.