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New Zealand Pre-sale Contract Terms and Conditions

  1. General:

(a) The Contract comprises these New Zealand Pre-Sale 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:

(i) The New Zealand Pre-Sale Contract Terms and Conditions;
(ii) The General Terms and Conditions; and
(iii) The Manta5 Limited Warranty.

(b) Definitions:

(i) “Customer” means any customer of Manta5.
(ii)  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.
(iii) “Estimated Delivery Date” means the estimated delivery as outlined in Manta5’s Product Materials

(iv) “Manta5” means Manta5 LP.

(c) 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.

(d) Manta5 reserves its rights to:

(i) Decline any Customer order; or
(ii) Vary or cancel the Contract in the event of manifest error on the part of Manta5.

(e) All prices are in New Zealand Dollars.

  1. Description of Goods:

(a) 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.

  1. Price:

(a) The price of each Hydrofoiler is $7,490 inclusive of GST (the “Price”). The Price is exclusive of any shipping or handling expenses, which may vary depending on region.

(b) The Customer will pay either:

(i) The Price in full, paid through the payment method provided on the Manta5 website; or
(ii) An initial deposit of $749 (the “Deposit”) to confirm its order. The Deposit must be paid through the payment method provided on the Manta5 website, unless agreed otherwise.

(c) The Customer is liable for any fees incurred when paying the Price, Deposit 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.

  1. Payment in Full:

(a) Where the Customer chooses to pay the Price in full:

(i) The payment is to be made through the payment method provided at the Manta5 website. The Customer is liable for any fees incurred when paying for the Hydrofoiler, including but not limited to transaction fees and credit card fees.
(ii) Manta5 will notify the Customer of the date of production (“Production Date”) at least one month prior . The Price is refundable up until the Production Date.
  1. Payment by Deposit:

(a) Where the Customer chooses to pay by Deposit:

(i) The Customer may make further part payments of the Price (“Instalments”) at its discretion through the payment method provided in Manta5 Product Materials.
(ii)  Manta5 will notify the Customer of the date of production (“Production Date”) at least one month prior. The Deposit is refundable up until the Production Date.
(iii) After the Production Date, Manta5 may, at its sole discretion, request the Customer to make Instalments.
(iv) The due date for the balance of the Price less any Deposit and Instalments (the “Outstanding Amount”) is the date eight (8) weeks prior to the Estimated Delivery Date (“Final Payment Date”).
(v) The Customer is required to pay the Outstanding Amount in full (the “Payment”) no later than the Final Payment Date. Manta5 reserves the right to cancel a Customer’s order with no refund of the Deposit if the Payment is not made by the Final Payment date. The Payment is to be made through the payment method provided at the Manta5 website unless agreed otherwise. The Customer is liable for any fees incurred when paying for the Hydrofoiler, including but not limited to transaction fees and credit card fees.
  1. Delivery:

(a) The Estimated Delivery Date is subject to change. Manta5 will endeavour to notify the Customer of delivery eight (8) weeks prior to the Estimated Delivery Date. Manta5 will not be held liable for inaccurate information.

(b) Delivery must be made to a New Zealand address.

(c) Manta5 at its discretion will bear the costs associated with shipping. In some instances, the Customer will arrange for and pay all transportation and insurance costs associated delivery.

(d) The risk in the Hydrofoiler(s) will pass to the Customer upon delivery.

(e) 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.

  1. Cancellation:

(a) Upon notice, the Customer may cancel its Hydrofoiler order at any time prior to the Production Date.

(b) Any attempt by the Customer to cancel an order after it has been dispatched for delivery will be treated as a return and associated delivery charges may apply.

(c) Amounts paid up to the time of cancellation may be refunded upon the Customer’s submission of a refund request. For the avoidance of doubt, the Deposit or any other amounts paid after the Production Date are not refundable.

(d) Upon cancellation of the order, the Customer forfeits any rights to a Hydrofoiler and accepts that Hydrofoiler availability may be limited in the future.

  1. GST:

(a) All prices shown include New Zealand Goods and Service Tax at 15% of the sale price.

  1. Assembly:

(a) 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.

  1. Pre-sale Buyer Benefits:

(a) As an early adopter, each Customer will receive:

(i) Monthly updates during the product testing and manufacturing phases. Where practical, Customers will be notified of any production delays within a week of the Manta5 team being notified;
(ii) Access to a closed online portal for education and recreational purposes, covering a range of areas including lessons, servicing, community meetups, and tips
 

GENERAL TERMS AND CONDITIONS:

  1. Definitions and Interpretation

Definitions

(a) Consumer has the meaning given to that term in section 2(1) of the Consumer

Guarantees Act and the Fair Trading Act 1986.

(b) Consumer Contract has the meaning given to that term in section 2(1) of the Fair Trading Act 1986.

(c) 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.

(d) Product means the Hydrofoiler.

Interpretation

(a) Defined terms used in the New Zealand Pre-Sale Contract Terms and Conditions have the same meaning in these General Terms and Conditions, unless expressly stated to the contrary.

  1. Contract

(a) 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.

  1. Orders, price and payment

(a) 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.

(b) Manta5 at its discretion will bear the costs associated with shipping. In some instances the Customer will arrange for and pay all transportation and insurance costs associated delivery.

  1. Title and risk

(a) Title to and risk in the Products passes to the Customer upon: (i) delivery of the Products to the Customer; or (ii) collection by the Customer.

  1. Acceptance of Products

(a) Subject always to clause 6(a), unless the Customer notifies Manta5 to the contrary on the day of delivery/collection and such notification is confirmed in writing within two (2) days, the Products will be deemed to have been accepted by the Customer.

  1. Standard Warranty

(a) Nothing in this clause 6 affects a Customer’s rights under New Zealand Consumer Law.

(b) 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.

  1. Liability

(a) Manta5 acknowledges that the Products are supplied under a Consumer Contract.

(b) 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.

(c) 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.

  1. General

(a) The Customer must at all times comply with the service and operating manual for the Products.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

(g) This Contract is governed by the laws of New Zealand and the parties irrevocably submit to the exclusive jurisdiction of the New Zealand courts.

(h) 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.

 

CAB-442297-2-151-V2:JGA-e