Auction Agreement

LIND Art Auction Agreement

Terms & Conditions

Terms of Agreement

This Agreement (“Terms” or “Agreement”) governs the bidding process and payment by the winning bidder (“you”) to Lind Art & Technology (“LIND” or “we” or “us”) for a LIND artboard (“artboard” or “board”) as part of the “A New Way to Play: Protecting Our Ocean Playgrounds” art auction. By submitting a bid, you agree to be legally bound by these Terms.

General Agreement

By placing a bid on a LIND artboard during the “A New Way to Play: Protecting Our Ocean Playgrounds” art auction, you agree to pay the full amount of the bid you placed, plus all applicable sales tax and shipping costs, in the case that your bid is the winning bid. You may not cancel your bid once your bid has been placed.

Registration

When paying for your LIND artboard, you represent and warrant that all information provided as part of the order process is accurate, and it is your responsibility to keep this information current at any time by emailing sales@lind.surf. LIND shall not be liable for inaccurate or outdated information.

Payment

You will pay the full amount of your winning bid for each complete artboard order to Lind Art & Technology, equaling no less than USD 25,000 not including potentially applicable sales tax, VAT and shipping costs. You will receive an invoice from a LIND sales representative to make the payment once you have been declared the winner of the LIND artboard auction.

Artboard Order

Payment of your winning bid grants you the right to a fully functional, complete board order for the unique artboard you purchase. A complete board order includes your artboard and a battery, jet, charger, remote control, board bag, fins and all additional accessories.

Warranty

A complete Warranty Agreement will be provided prior to shipment of your complete artboard order. In summary, the Warranty period will begin the date of delivery of the LIND Product and end two (2) years thereafter, however the Warranty period for the battery will expire (if earlier) after 600 battery cycles.

If your claim is found to be within Warranty, LIND will repair, replace or refund the LIND Product that is subject to the Warranty claim.

Estimated Delivery

Estimated delivery of your complete board order(s) is April 2025. A LIND sales representative will contact you in the case that the estimated delivery is earlier or later than April 2025.

Oceanic Global Donation

Oceanic Global is a registered nonprofit organization under Section 501(c)(3) of the U.S. Internal Revenue Code (Tax ID:81-4694803). Your donation from the artboard order, defined as the net amount remaining after deducting the Fair Market Value (FMV) of each artboard, will be collected by LIND as a payment processor on behalf of Oceanic Global. Proceeds from this art auction, defined as the net amount remaining after deducting the production costs associated with the creation of each art piece, will be donated to Oceanic Global. Production costs per board is estimated to be between USD 15,000 to USD 25,000.

The FMV of each artboard is USD 35,000. According to IRS guidelines, only the amount paid above the FMV of an item is considered a tax-deductible donation. The FMV represents the item’s estimated value on the open market. Please consult your tax advisor to determine the deductibility of your contribution based on your specific circumstances.

Cancellation and Refund

You may not cancel your bid once your bid has been placed.

You may not receive a refund once payment of your winning bid has been received.

Personal Data

We will be the data controller for the processing of your personal data when you place an order.

Limitation of Liability

We are not liable for any incidental or consequential damages arising out of this Agreement.

Force Majeure

The obligations of you and LIND under this Agreement (other than your payment obligations) will be suspended to the extent that such party is wholly or partially precluded from complying with its obligations under this Agreement by force majeure. Force majeure includes, but is not restricted to, fire, storm, flood, earthquake, explosion, accident, act of the public enemy, war, rebellion, insurrection, sabotage, outbreak, epidemic, public health emergency, quarantine restriction, labor dispute, labor shortage, transportation embargo or failure, curtailment or delay in transportation, act of God, act (including laws, regulations, orders, advisories, disapprovals or failure to approve) of any government or public health agency or authority, whether national, statewide, municipal, or otherwise, or any other event or circumstance beyond such party’s control.

Severability

If for any reason a court of competent jurisdiction finds any provision, or portion of this Agreement, to be unenforceable, the remainder of this Agreement shall continue in full force and effect and the unenforceable provision shall be deemed to be modified solely to the extent necessary to make it enforceable.

Applicable Law

Unless contrary to any mandatory consumer legislation applicable to your bid and potential payment if you are the winning bidder, the terms of this Agreement are governed by, and to be interpreted according to, the laws of Sweden.

Entire Agreement

The placing of a bid and these Terms will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. It shall supersede all prior and contemporaneous representations, warranties, agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof.

This Agreement is entered into and effective as of the date you make a bid for an artboard(s) and accept this Agreement. By confirming and accepting this Agreement, you agree to the terms and conditions of this Agreement.

Contact Information

For any questions or concerns regarding your bid or this agreement, please contact sales@lind.surf or call LIND Head of Marketing & Sales, Tim McCullough, +1 707-978-1337.