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Ugly LLC
Terms of Sale
(Last update 01/21/2023)

Bob Purvey, owner/operator of Ugly LLC manages the designs, manufacturing, marketing, and sales of The Ugly Special Edition, Limited Edition, Hybrid, Hybrid 2, Super Ugly, and Super Ugly 2, Bob Purvey Design surfboards/noseriders.

SIMPLE APPROACH ON HOW TO PLACE AN ORDER: Click here>> “Order Form,” then fill it out online or print it, fill it out, then scan it and email it or send it via snail mail to Ugly LLC, 14650 Sherman Way #710, Van Nuys, CA 91405.  Once we receive it, we’ll contact you to discuss the details.

If you have any questions review the instructions and the Frequently Asked Questions (FAQ) page, if need be, to assist in filling out the order form. All your questions should be answered on the Frequently Asked Questions page to help you make proper choices on dimensions, graphics, accessories, pricing, and almost everything else. 

If you have any further questions, email them to Bob Purvey at bob@uglyboards.com. Or, if need be, leave a message at (310) 457-8306 anytime between 9 am to 5 pm (PST), Monday through Friday.  Bob or an assistant will reply within 24 hours. 

We must go over the details and have you sign and date the order form before we can manufacture your custom order.

We must discuss your order to confirm your preferences before we start manufacturing your Ugly noserider.  We will provide The Ugly or Super Ugly basic template, rocker, and rail shapes.  Nonetheless, it is up to you, the customer, to provide your desired length, width, and thickness for your size and weight.  Also, we may need to discuss any additional materials needed to assist in making accurate color, graphic pattern, or design choices that apply to your order.  Email Bob at your convenience at bob@uglyboards.com to arrange a phone meeting appointment or appointment at the factory, or call Bob at 310-457-8306.

A non-refundable deposit of $500 is payable upon mutual agreement and placing your order, to begin manufacturing.  Payment of the balance due in full is required to obtain your finished Ugly.  Checks are made payable to Ugly LLC.   Mail to: Ugly LLC – 14650 Sherman Way, #710, Van Nuys, CA, 91405, USA, or pay via Zelle (free), or Paypal with most credit cards (joining PayPal is NOT required, but processing fees may apply). The deposit is non-refundable and is credited toward payment in full.

After receiving your deposit, we will provide you with a “Board #.”  

Changes may be accepted after manufacturing begins if done within a reasonable time.  If the stage in manufacturing has already passed, we can no longer accommodate any changes. Manufacturing takes approximately six to eight weeks but may take longer, depending on the season.  We can only offer approximate staging time due to our dependence on materials delivery.

Returned checks are subject to bank charges and handling fees, which are payable by the customer (depending on bank, fees vary). Ugly LLC charges a $25 handling fee for returned checks and bank charges.

A binding contract with us will only be formed when we give you the Board number, and you have signed the order form. The contract will relate only to those products we have confirmed in the order. We reserve the right to cancel your order at any time, and we may rescind our acceptance and cancel your order where there has been an obvious error in price.  In that case, 100% of your deposit will be refunded unless you accept the new prices with a new order confirmation.

Once manufacturing is completed, you will be notified verbally by phone, written notification by FAX or email, or snail mail that your board is ready to be picked up or shipped. Should you decide to pick it up, you will have ten days after that to pay the balance and pick up your Ugly, or a $10-a-day storage fee will start to accrue on the 11th day for up to 60 total days after notification of the finished date. After 60 days from the last pickup date, a determination will be made that you, the customer, is in arrears on the account. If you, the customer, make no attempt to reach us, Ugly LLC may cancel this Contract and sell the board to recover any outstanding balance.

Shipping arrangements may be made before manufacturing begins, and the best estimate will be found.  An estimated cost for shipping and packaging cannot be guaranteed to be the same six to eight weeks after manufacturing is completed.  Customers may pick up or have your Ugly and any accessories shipped through a carrier, or we will find the best options when your Ugly is ready to be shipped.  Unless otherwise stipulated, shipping and any national or international carrier’s charges, if applicable, are charged separately to the customer. Ugly LLC will arrange to ship with customers’ preferred carriers or recommend a carrier. Packaging and handling charges for shipping will then apply to the customer’s total cost.

The risk of loss from any casualty to the Goods, regardless of the cause, will be the responsibility of Ugly Enterprises while in the factory.  Once the board has been received by the shipping carrier, it is up to the carrier to be liable for any damages.  Shipping insurance is often included in the shipping cost but must be confirmed once shipping arrangements are secured.

We warrant that the surfboard(s) sold by the terms of this sale are new and free from defects in workmanship and materials. Our liability under the foregoing warranty is limited to replacing goods, repairing defects, or refunding the purchase price. No other warranty, express or implied, is made by us, and none shall be imputed or presumed.

All sales taxes, tariffs, and other governmental charges shall be paid by the Customer and are the customer’s responsibility except as limited by law.

These terms 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. Ugly LLC, may choose, without liability, to 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. These terms constitute a Contract, contain the entire agreement between the parties, and supersede and replace all prior agreements concerning 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 within days due to material cost changes, and the customer will be notified for approval immediately. Errors will be corrected when discovered, and the customer will be notified within a reasonable time.

All items purchased are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes 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 before the Order Confirmation date. In this case, you will receive a full refund. 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 canceled by us, in which case we will bear your costs of transaction fees in question to us.

To cancel an order, you must inform us by email and phone contact information on the “Contact” page of uglyboards.com website and get a Confirmation of Cancellation notice emailed or sent to you.  Deposits are non-refundable once an order is taken and the board number is issued, which starts manufacturing.

Your order will be fulfilled in the order it was received. Manufacturing takes approximately six to eight weeks from the date of the Order Confirmation, which could, in exceptional circumstances, be longer than 60 days.  Should the timing change and become unreasonable, we will offer a full refund of your deposit should you wish to cancel your order.

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

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 may be foreseeable where they could reasonably be contemplated by the parties when your order is accepted by us.

We are not responsible for indirect losses which happen as a side effect of the principal 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, Ugly Enterprises expressly 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 Ugly LLC shall create a warranty (unless made fraudulently).

COPYRIGHT You acknowledge that the content of our website, 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 selecting, coordinating, arranging, presenting, and enhancing 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 rights, 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 theuglysurfboard.com and associated web sites and, in some cases, drop ship them directly to our customers. Under 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 our websites or items advertised through our websites by our Associates. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through our websites or items advertised on our websites, please get in touch with us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. Our policy is to disable access to infringing materials and terminate the access of repeat infringers to our websites. For us to investigate your claim of infringement, you must provide us with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

A description of the copyrighted work or other intellectual property that you believe has been infringed;

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;

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

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 copyright or intellectual property owner. 

The above information should be provided to our agent for notice of claims of copyright or other intellectual property infringement, who can be reached.

TRADEMARKS: Ugly and Super Ugly are registered trademarks with the United States Trademark Office (USPTO) and Chinese Authorities and are 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 dresses 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 Ugly LLC Terms of Sale from our website, brochures, catalogs, or sales representatives or 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 Ugly LLC, 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 01/02/2020.

EMAIL ENQUIRIES TO: info@uglyboards.com or bob@uglyboards.com

PHONE: (310) 457-8306

Ugly LLC
14650 Sherman Way #710
Van Nuys, CA 91405
USA