Terms of Service

These Terms of Service govern your use of WakeBallast.com and your purchase and use of products sold by WakeBallast. By accessing our website, placing an order, or using our products, you agree to these Terms.

Important Safety Information

Ballast Weight & Boat Capacity

Ballast changes the weight, balance, handling, draft, and performance of a boat.

  • Never exceed the boat manufacturer's maximum weight, passenger, ballast, or capacity limitations.

  • Account for passengers, fuel, gear, factory ballast, aftermarket ballast, and other loads when determining total vessel weight.

  • Distribute ballast appropriately and operate the vessel responsibly for current conditions.

  • Improper ballast placement or excessive ballast may adversely affect handling, stability, freeboard, drainage, and other operating characteristics.

  • Do not use ballast in a manner that causes unsafe operating conditions or violates applicable laws or manufacturer specifications.

Trailering

Water ballast bags should be emptied before trailering unless the boat and trailer manufacturers specifically permit the additional weight.

Additional ballast weight may exceed the rated capacity of the boat, trailer, tow vehicle, tires, axles, or other components.

Steel Shot Ballast Safety

  • Steel shot ballast bags are heavy. Use proper lifting techniques.

  • Secure ballast appropriately during use and transportation.

  • Do not place ballast where movement could interfere with vessel controls, equipment, passengers, or safe operation.

  • Inspect bags periodically for damage or excessive wear.

Vinyl Ballast Bags & Bladders

  • Inspect vinyl ballast products before use for punctures, tears, excessive abrasion, loose fittings, or other damage.

  • Keep bags away from sharp objects, exposed fasteners, rough surfaces, excessive heat, and other potential sources of damage.

  • Do not exceed the intended capacity of the bag or available compartment.

  • Allow adequate room for the bag to expand during filling.

  • Do not operate a ballast bag in a manner that causes excessive pressure or restriction.

  • Stop filling if the bag, compartment, surrounding structure, hoses, or fittings appear excessively stressed.

  • Replace or repair damaged products before continued use.

Agreement to Terms

By using WakeBallast.com, purchasing WakeBallast products, or using our products, you agree to these Terms of Service.

If you do not agree to these Terms, you should not use our website or products.

WakeBallast may update these Terms periodically. Updated Terms apply as permitted by applicable law.

Eligibility & Acceptable Use

You must be at least 18 years old or have the permission of a parent or legal guardian to make purchases through our website.

You may not:

  • Use our website or products for unlawful purposes.

  • Violate applicable laws or regulations.

  • Transmit malicious code or interfere with operation of our website.

  • Submit false, misleading, fraudulent, or unlawful information.

  • Misrepresent WakeBallast products, specifications, capabilities, or safety information.

Product Information & Specifications

WakeBallast makes reasonable efforts to accurately describe and represent its products.

However:

  • Product dimensions, weights, capacities, colors, appearance, and specifications may have reasonable manufacturing variations.

  • Photographs and screen displays may not perfectly represent actual product color or appearance.

  • Product designs, materials, fittings, components, construction methods, and specifications may be improved or modified without notice when those changes do not materially alter the intended function of the product.

  • WakeBallast reserves the right to correct errors in product descriptions, specifications, pricing, or other website information.

Vinyl Ballast Product Tolerances

Vinyl ballast bags are individually fabricated and welded products rather than molded components. Reasonable manufacturing variation is inherent in their construction.

Unless otherwise expressly specified, vinyl ballast products may have dimensional or capacity variations of approximately ±5%.

Minor cosmetic variations resulting from the manufacturing process, including variations in weld appearance, seams, reinforcement areas, material finish, folds, wrinkles, or other cosmetic characteristics, are not considered manufacturing defects when those variations do not materially affect the function, structural integrity, or intended performance of the product.

Temperature, installation configuration, compartment shape, surrounding structures, and operating conditions may also affect the final shape and appearance of a filled vinyl ballast bag.

Orders & Pricing

  • Prices are subject to change without notice.

  • WakeBallast may limit quantities or refuse or cancel orders when reasonably necessary.

  • Orders containing incorrect pricing or product information resulting from an obvious website or system error may be cancelled and refunded.

  • Bulk, commercial, OEM, government, dealer, and reseller orders may be subject to additional or separate terms.

  • Custom products may be subject to different cancellation, return, and warranty conditions disclosed at the time of purchase.

Shipping & Returns

Product availability and shipping times may vary.

Estimated shipping and delivery dates are estimates and are not guaranteed unless expressly stated otherwise.

Returns, exchanges, cancellations, and damaged-shipment claims are governed by the WakeBallast Return Policy in effect for the applicable purchase.

Custom-manufactured or made-to-order products may have additional return restrictions as disclosed at the time of purchase.

Product Warranties

WakeBallast Steel Shot Ballast Bags

WakeBallast steel shot ballast bags are covered by a 2-year limited warranty against defects in materials and workmanship beginning on the original date of purchase.

WakeBallast Vinyl Ballast Bags & Bladders

WakeBallast vinyl ballast bags and bladders are covered by a 2-year limited warranty against defects in materials and workmanship beginning on the original date of purchase.

What the Limited Warranty Covers

The limited warranty covers manufacturing defects that materially affect the intended function, structural integrity, or performance of the covered product during normal and intended use.

If WakeBallast determines that a covered manufacturing defect exists during the applicable warranty period, WakeBallast may, at its discretion and subject to applicable law:

  • Repair the affected product;

  • Replace the affected product with the same or a substantially equivalent product; or

  • Provide another appropriate warranty remedy.

What the Limited Warranty Does Not Cover

Unless otherwise required by applicable law, the limited warranty does not cover:

  • Normal wear and tear;

  • Cosmetic variations that do not materially affect function, structural integrity, or intended performance;

  • Minor manufacturing variations in weld appearance, seams, reinforcement areas, material finish, wrinkles, or folds;

  • Damage caused by punctures, cuts, abrasion, sharp objects, or surrounding equipment;

  • Damage caused by improper installation;

  • Damage caused by overfilling or excessive pressure;

  • Damage caused by improper ballast placement or use beyond intended specifications;

  • Damage caused by modifications or unauthorized repairs;

  • Damage caused by accidents, misuse, abuse, neglect, or improper storage;

  • UV, heat, chemical, environmental, or weather-related deterioration resulting from use or storage conditions;

  • Damage caused by pumps, hoses, fittings, valves, boat structures, compartments, hardware, or other components not determined to be defective WakeBallast products;

  • Damage resulting from continued use after a product has become visibly damaged or compromised.

A cosmetic condition alone does not constitute a manufacturing defect when the product remains structurally sound and performs its intended function.

Warranty Claims

WakeBallast may require:

  • Proof of purchase;

  • Photographs or video of the claimed condition;

  • Product identification information;

  • Information regarding installation and use; and/or

  • Return of the product for inspection.

Do not dispose of a product that is the subject of a warranty claim until WakeBallast has completed its evaluation or authorized disposal.

Repair or replacement under this limited warranty does not extend or restart the original warranty period unless otherwise required by applicable law or expressly agreed to by WakeBallast in writing.

Website & Online Service Disclaimer

WakeBallast makes reasonable efforts to maintain accurate and reliable website services, but we do not guarantee that WakeBallast.com or related online services will always be uninterrupted, error-free, secure, or continuously available.

Temporary interruptions, technical errors, third-party service outages, maintenance, payment-processing issues, or other circumstances may affect website availability.

This website-service disclaimer does not modify the express product warranties stated above.

Product Performance Disclaimer

Ballast performance varies significantly based on boat model, hull design, passenger load, fuel load, ballast placement, water conditions, speed, surf system configuration, propeller, installation, and other factors.

WakeBallast does not guarantee that adding a particular amount or configuration of ballast will produce a specific wake, wave, handling characteristic, or performance result.

Customers are responsible for determining whether a particular ballast configuration is appropriate and safe for their vessel and intended use.

Limitation of Liability

To the fullest extent permitted by applicable law, WakeBallast is not responsible for losses or damages resulting from misuse, improper installation, improper ballast placement, operation beyond manufacturer specifications, failure to follow safety instructions, or use of damaged products.

This may include claims involving:

  • Boat or equipment damage caused by improper ballast installation or use;

  • Boat instability, excessive loading, reduced freeboard, capsizing, or water ingress resulting from improper or excessive ballast use;

  • Trailer, tire, axle, suspension, tow-vehicle, or related damage resulting from excessive weight;

  • Injuries resulting from improper lifting, handling, storage, or securing of ballast;

  • Damage caused by punctured, improperly installed, overfilled, or misused vinyl products;

  • Rust staining, discoloration, or surface damage resulting from steel shot exposure following damage to a ballast bag;

  • Damage to boats, compartments, upholstery, flooring, docks, trailers, vehicles, or other equipment caused by misuse or improper installation;

  • Lost use, lost profits, or indirect, incidental, special, punitive, or consequential damages to the extent such exclusions are permitted by applicable law.

To the fullest extent permitted by applicable law, WakeBallast's aggregate liability arising from a product claim will not exceed the amount paid for the specific WakeBallast product giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

Installation & Customer Responsibility

Customers are responsible for ensuring that products are properly installed and appropriate for their particular boat and application.

Boat models may vary by year, production date, factory options, previous-owner modifications, and equipment configuration.

Compatibility information provided by WakeBallast is based on the information reasonably available to us and does not replace inspection of the customer's actual vessel.

Before installation, customers should verify available space, hose routing, fittings, electrical requirements, compartment condition, and other relevant specifications.

Vinyl Ballast Product Care

To maximize product life:

  • Rinse with fresh water when appropriate after exposure to salt, dirt, or contaminants.

  • Allow products to dry before long-term storage.

  • Avoid prolonged unnecessary UV exposure.

  • Protect vinyl from sharp objects and abrasive surfaces.

  • Inspect fittings, hoses, ports, seams, and high-wear areas periodically.

  • Avoid storing vinyl products in extreme temperatures when practical.

  • Follow applicable installation and maintenance instructions.

Signs of significant wear, damage, or deterioration should be addressed before continued use.

Intellectual Property & Prohibited Uses

WakeBallast product designs, photographs, graphics, written content, trademarks, branding, and other intellectual property may be protected by copyright, trademark, patent, trade dress, or other applicable laws.

You may not:

  • Copy or reproduce protected WakeBallast designs or content without authorization;

  • Reverse engineer products for the purpose of creating unauthorized copies where prohibited by law;

  • Use WakeBallast trademarks or branding without authorization;

  • Misrepresent yourself as WakeBallast or an authorized WakeBallast representative;

  • Submit knowingly false or fraudulent reviews, claims, or information.

User Content, Reviews & Communications

If you voluntarily submit reviews, photographs, videos, testimonials, suggestions, or other content to WakeBallast, you represent that you have the right to provide that content and that it does not violate the rights of another person.

You retain ownership of your content but grant WakeBallast permission to use, reproduce, display, and share submitted content for legitimate business, customer-service, and marketing purposes, subject to applicable law and our Privacy Policy.

WakeBallast may remove content from its website or other platforms under its control when appropriate.

Privacy

Personal information collected through WakeBallast.com is handled according to our Privacy Policy.

Third-Party Products, Websites & Services

WakeBallast may sell, recommend, integrate with, or link to products or services manufactured or provided by third parties.

Third-party products may be subject to the manufacturer's own warranty and terms.

WakeBallast is not responsible for the content, policies, availability, or actions of independent third-party websites or service providers.

Account Security

If you create an account with WakeBallast, you are responsible for maintaining the confidentiality of your account credentials and for keeping your account information reasonably current.

You are responsible for activity occurring through your account to the extent permitted by applicable law.

Dispute Resolution & Governing Law

These Terms and disputes arising from them will be governed by applicable law.

To the extent permitted by law and subject to any applicable exceptions, disputes may be required to be resolved through binding arbitration rather than a jury trial or court proceeding.

Nothing in this section prevents either party from pursuing a claim in small claims court when eligible.

Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold WakeBallast and its affiliates harmless from third-party claims arising from your unlawful use, misuse, unauthorized modification, or improper installation of WakeBallast products, or from your violation of these Terms.

Termination

WakeBallast may suspend or terminate website or account access for violations of these Terms, fraudulent activity, abuse, or unlawful conduct.

Provisions that by their nature should survive termination will remain in effect.

Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

Contact Information

Questions regarding these Terms, warranties, or WakeBallast products may be directed to:

WakeBallast
7001 W Erie, Suite 2
Chandler, AZ 85226
(877) 321-7962
wakeballast@gmail.com
WakeBallast.com

By using WakeBallast.com or purchasing WakeBallast products, you acknowledge that you have read and agree to these Terms of Service.