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New Zealand Contract Terms & Conditions
- The Contract comprises the International Purchase Contract Terms and Conditions, the General Terms and Conditions and the Manta5 Limited Warranty. In the event of any conflict or ambiguity between the provisions, the order of precedence (in descending order) is:
- The International Purchase Contract Terms and Conditions;
- The General Terms and Conditions; and
- The Manta5 Limited Warranty.
- “Customer” means any customer of Manta5.
- “Delivery Territory” means for example the United States of America, the United Kingdom or the European Union, as applicable.
- “Estimated Delivery Date” means the estimated delivery date for the Hydrofoiler specified on the Manta5 website from time to time, acknowledging that the final delivery date is subject to change in accordance with these terms.
- “GST” means New Zealand Goods and Service Tax.
- “Manta5” means Manta5 LP.
- “Taxes” means all applicable taxes, including but not limited to: GST, VAT, Federal and State taxes.
- The Customer understands and agrees that no director, employee or salesperson of Manta5 has any authority to make statements contrary to the terms of this Contract.
- Manta5 reserves its rights to:
- Decline any Customer order; or
- Vary or cancel the Contract in the event of manifest error on the part of Manta5.
- All prices are in the local currency of the Delivery Territory, or in a currency as selected by Manta5 as being most appropriate.
2. Description of Goods
- The Hydrofoiler XE-1 refers to a Hydrofoil bike designed and manufactured by Manta5 (the “Hydrofoiler”).
- Each Hydrofoiler comprises two hydrofoils, a bicycle frame, a motor, gearbox and battery.
- The price of each Hydrofoiler is:
- USD $8,990.00, where the Customer’s Delivery Territory is the United States;
- GBP £6,990.00, where the Customer’s Delivery Territory is the United Kingdom;
- EURO €7,990.00, where the Customer’s Delivery Territory is the European Union, exclusive of GST and any other applicable taxes (the “Price”). The Price is also exclusive of any shipping or handling expenses, which may vary depending on country or region (“Shipping”).
- The Price is inclusive of any credit card processing fees.
- The Customer is responsible for all Taxes and Shipping.
- The Customer will pay in full unless agreed otherwise.
- The Customer is liable for any fees incurred when paying the Price, Taxes and Shipping, or any part of the Price, including but not limited to transaction fees and credit card fees. Until fully paid for, the Hydrofoiler remains the property of Manta5.
- Full payment is required at time of order, unless agreed to otherwise between the Customer and Manta5.
- Manta5 has the right to refuse any order at its discretion.
- The Estimated Delivery Date is subject to change. Manta5 will endeavour to notify the Customer in a timely manner. Manta5 will not be held liable for inaccurate information.
- The Delivery Territory will be determined by the Customer’s billing address as specified on the Customer’s order.
- Delivery must be made to an address within the Delivery Territory.
- The Customer will bear all delivery costs. Manta5 will inform the Customer of the Shipping costs in the order form. The delivery costs include the costs of transport insurance.
- Upon delivery of the Hydrofoiler to the nominated address, the risk and title in the Hydrofoiler is transferred to the customer.
- Dates given for shipment or delivery are stated in good faith, but are not to be treated as a condition of the sale. No claim will be made by the Customer on account of late shipment or delivery, however caused. Late delivery will not constitute a breach of these terms by Manta5 and the Customer will not be entitled to cancel the Contract.
6. Cancellation & Refund Policy
- No cancellation or changes. Unfortunately, the customer cannot cancel their order or terminate this agreement after the customer has made payment.
- No changes to the specifications of the Hydrofoiler are permitted to be made after the customer has made payment.
- Returns/refunds of unopened, unused Hydrofoil Bikes are accepted within 15 days of delivery. Open or used equipment is not eligible for return. All shipping costs will be at the customer’s expense.
- The Hydrofoiler will not ship fully assembled and, upon delivery, will require some assembly by the Customer. Assembly instructions will be provided with each order. Manta5 will not be responsible for any injury, damage or death caused by improper or negligent assembly, adjustment or inspection prior to using the Hydrofoiler.
Manta5 Limited Warranty
- This Manta5 Limited Warranty (“warranty”) applies to the Manta5 Hydrofoiler™ XE-1 (the “Hydrofoiler”) and is subject to the Purchase Contract (whichever is relevant). The purchaser of the Hydrofoiler is referred to as the “Customer” in this warranty. The warranty is personal to the Customer and is not transferable.
- Manta5 warrants for the relevant coverage periods that the Hydrofoiler will be free from defects in material and workmanship under normal use in accordance with Manta5’s Product Materials. Manta5’s “Product Materials” include, without limitation, user manuals, safety guidelines, specifications, training videos, social media posts, and service communications from Manta5 or its authorised representatives.
- The warranty coverage period begins from the date of delivery of the Hydrofoiler and extends for the periods detailed below:
- ONE YEAR For components comprising the Body of the Bike, as are further described in the Hydrofoiler’s user manual(s).
- ONE YEAR For all components comprising the Hydrofoils, as may further be described in the Hydrofoiler’s user manual(s).
- ONE YEAR OR 300 CYCLES whichever occurs first. Battery cycles for the Hydrofoiler’s battery and motor assemblies, as are further described in the Hydrofoiler’s user manual(s).
- Noting throughout that some jurisdictions may prohibit a disclaimer of warranties, and the consumer may have other rights that vary from jurisdiction to jurisdiction.
- Claims under this warranty should be directed to Manta5 by email. Manta5’s designated email address for warranty claims will be published in its Product Materials and on its website. Proof of purchase is required to be eligible for this warranty.
- In the event of a warranty claim:
- Manta5 will first attempt to diagnose and resolve the Customer’s claim by telephone, email or online chat. Manta5 may direct the Customer to download and install particular software updates or Product Materials.
- If the claim cannot be resolved through the methods above, the Customer may be required to deliver the Hydrofoiler to Manta5 or a Manta5 Authorised Service Provider for further examination.
- Any Hydrofoiler required to be returned to Manta5 must be returned to the designated Manta5 certified service agent located in the Customer’s territory. The Manta5 website contains a list of all available service agents and will be updated as further service agents are added across Manta5’s territories.
- If the claim cannot be resolved through Manta5’s diagnostic processes, Manta5 may (at its sole option);
- Repair the affected Hydrofoiler at no charge using new parts or parts that are equivalent to new in performance and reliability; or
- Replace the affected Hydrofoiler with a functionally equivalent Hydrofoiler that is new; or
- Refund the Customer for the original purchase price of the affected Hydrofoiler.
- Manta5 at its discretion will bear the costs associated with shipping under a warranty claim. In some instances the Customer will arrange for and pay all transportation and insurance costs associated with the warranty claim.
- The warranty will be voided and will be of no effect:
- By improper use of the Hydrofoiler, including not using the Hydrofoiler in accordance with the Product Materials.
- By damage due to crash, physical impact, collisions or fire resulting from non-manufacturing processes, or use in unsafe locations or unsafe conditions.
- By damage or defects caused by transport, loading, unloading, dropping, out of water handling, or inappropriate storage including, without limitation, damage or defects caused by exposure to temperatures stated in the Product materials.
- By failure to properly maintain and care for the Hydrofoiler and its components in accordance with the Product Materials, including the use of cleaning products not approved by the Product Materials.
- If any of the Hydrofoiler parts (including, without limitation, the motor, battery or Heads Up Display) are tampered with without consulting Manta5, or if a Customer receives consultation but tampers with the Hydrofoiler in such a way that is not consistent with the advice received.
- If the Customer replaces any part on the Hydrofoiler with an unauthorised or unauthenticated third-party product or other part not produced by Manta5.
- By damage caused by operating the Hydrofoiler with a low charge battery.
- By damage caused by lightning, hail, rain, flooding, wind, sand, floods or other environmental or natural conditions or Acts of God.
- By damage or defects caused by usage of the Hydrofoiler after a warranty issue is made or reported, or after such time that a Customer reasonably should have made such a claim exercising reasonable diligence.
- The warranty will not cover any loss or damage caused by negligence of the Customer or other user of the Hydrofoiler. It also does not cover any software programs, whether provided with the Hydrofoiler or installed subsequently, or any loss of the Customer’s data.
- This warranty is governed by the laws of New Zealand. In the event of any translation, the English version of the warranty will prevail. In the event of any dispute, the parties irrevocably submit to the exclusive jurisdiction of the courts of New Zealand.
General Terms & Conditions
1. Definitions & Interpretations
- Consumer has the meaning given to that term in section 2(1) of the Consumer Guarantees Act and the Fair Trading Act 1986.
- Consumer Contract has the meaning given to that term in section 2(1) of the Fair Trading Act 1986.
- New Zealand Consumer Law means the law in New Zealand relating to consumers including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
- Product means the Hydrofoiler.
- Defined terms used in the International Purchase Contract Terms and Conditions have the same meaning in these General Terms and Conditions, unless expressly stated to the contrary.
- The Products sold are subject to these Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by the Customer.
3. Orders, Price & Payment
- Unless credit terms have been expressly agreed to by Manta5, payment for the Products must be made in full before physical delivery or collection of Products.
- The Customer will pay for all applicable taxes (including but not limited to all Federal and State taxes), import/export charges, shipping, insurance and handling charges.
4. Title & Risk
- Title to and risk in the Products passes to the Customer upon:
- delivery of the Products to the Customer; or
- collection of the Products by the Customer.
5. Standard Warranty
- Nothing in this clause 5 affects a Customer’s rights under New Zealand Consumer Law.
- Manta5 excludes all warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise, including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description, to the fullest extent permitted by law.
- Manta5 acknowledges that the Products are supplied under a Consumer Contract.
- To the fullest extent permitted by law, Manta5 will not be liable in contract or in tort for any loss or damage suffered and the Customer’s rights are limited to those set out in these Terms and Conditions and under New Zealand Consumer Law.
- Manta5’s total liability in respect of each event or series of connected events will not exceed the total price paid for the purchase of products under these Terms and Conditions.
- The Customer must at all times comply with the service and operating manual for the Products.
- The Customer must not assign or otherwise transfer any of its rights and obligations under this Contract whether in whole or in part without the prior written consent of Manta5.
- If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question will not be affected.
- No failure or delay on Manta5’s part in exercising any power or right under these Terms and Conditions operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.
- References to any statutory provision include any statutory provision which amends or replaces it, and any by law, regulation, order, statutory instrument, determination or subordinate legislation made under it.
- In respect of non-Consumer products, the Customer agrees that the provisions of the Consumer Guarantees Act 1993 do not apply to these Terms and Conditions.
- This Contract is governed by the laws of New Zealand and the parties irrevocably submit to the exclusive jurisdiction of the New Zealand courts.
- If at any time any provision of this Contract is or becomes illegal, invalid or unenforceable in any respect under the law of New Zealand or any other jurisdiction, neither the legal validity nor enforceability of the remaining provisions of this Contract will in any way be affected or impaired thereby to the intent that this Contract should be construed as if the provision or the part in question had been deleted.
- The Customer will be provided with a user guide with the Hydrofoiler purchase.
- The user guide contains instructions for safety, operation and maintenance of the Hydrofoiler.
- The Customer acknowledges it is essential to read and follow all of the instructions and warnings in the user guide prior to assembly, setup or use, in order to operate the product correctly and avoid damage, serious injury or death.
- If the Customer cannot read the user guide, or do not understand the user guide, the Customer must contact Manta5 for additional information or assistance, before assembling, setting up or using the Hydrofoiler.
- The Customer acknowledges and agrees that the use of a Hydrofoiler is in the nature of an "extreme sport" and as such, has inherent dangers and risks, including risk of injury or death to the Customer or any person who uses the Hydrofoiler.
- The Customer further acknowledges and agree that due to the nature of the activity, it would be unreasonable for Manta5 to be in any way responsible for any injury to the Customer or any person who uses the Hydrofoiler or the Customer’s death (or the death of any person who uses the Hydrofoiler) and accordingly the customer hereby, to the full extent permitted by law, waive all legal rights of action against and fully release Manta5 for loss, damage, injury or death howsoever arising out of or in relation to the use of the Hydrofoiler or the use of the Hydrofoiler by any other person including without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty by us, our directors, employees or agents.
- The Customer further acknowledges and agrees that the use of the Hydrofoiler freely, voluntarily and absolutely at their own risk and with a full appreciation of the nature and extent of all risks involved in the activity.
- This waiver shall bind the Customer and the Customer’s executors and Manta5 will rely on this waiver.