Manta5 Hydrofoiler XE-1
- This Manta5 Limited Warranty (“warranty”) applies to the Manta5 Hydrofoiler TM XE-1 (the “Hydrofoiler”) and is subject to either the New Zealand Sale Contract or International Sale 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:
(a) 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.
(b) 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);
(a) Repair the affected Hydrofoiler at no charge using new parts or parts that are equivalent to new in performance and reliability; or
(b) Replace the affected Hydrofoiler with a functionally equivalent Hydrofoiler that is new; or
(c) 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:
(a) By improper use of the Hydrofoiler, including not using the Hydrofoiler in accordance with the Product Materials.
(b) By damage due to crash, physical impact, collisions or fire resulting from non-manufacturing processes, or use in unsafe locations or unsafe conditions.
(c) 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.
(d) 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.
(e) 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.
(f) If the Customer replaces any part on the Hydrofoiler with an unauthorised or unauthenticated third-party product or other part not produced by Manta5.
(g) By damage caused by operating the Hydrofoiler with a low charge battery.
(h) By damage caused by lightning, hail, rain, flooding, wind, sand, floods or other environmental or natural conditions or Acts of God.
(i) 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.