International Pre-sale Contract Terms and Conditions
(vi) “Taxes” means all applicable taxes, including but not limited to GST, Federal and State taxes.
(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.
(e) All prices are in the local currency of the Delivery Territory.
2. 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.
(a) The price of each Hydrofoiler is:
(b) The Price is inclusive of any credit card processing fees.
(d) The Customer will pay either:
(i) The Price plus all Taxes and Shipping in full, paid through the payment method provided on the Manta5 website; or
(e) The Customer is liable for any fees incurred when paying the Price, Taxes and Shipping, 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.
4. Payment in Full:
5. Payment by Deposit:
(a) Where the Customer chooses to pay by Deposit:
(ii) Manta5 will notify the Customer of the Assembly Date after the Deposit has been paid. The Deposit is refundable up until the Assembly Date.
(iii) After the Assembly Date, Manta5 may, at its sole discretion, request the Customer to make Instalments.
(iv) The due date for the balance of the Price plus all Taxes and Shipping 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.
(c) Delivery must be made to an address within the Delivery Territory.
(d) 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.
(e) The risk in the Hydrofoiler(s) will pass to the Customer upon delivery.
(f) 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.
(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 Assembly 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.
(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.
9. Pre-sale Buyer Benefits:
(a) As an early adopter, each Customer will receive:
GENERAL TERMS AND CONDITIONS:
1. Definitions and Interpretation
(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.
(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.
3. Orders, price and payment
(b) 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 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.
5. 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.
6. Standard Warranty
(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.
(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.
(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.
MANTA5 LIMITED WARRANTY
- This Manta5 Limited Warranty (“warranty”) applies to the Manta5 Hydrofoiler TM XE-1 (the “Hydrofoiler”) and is subject to either the New Zealand Pre-Sale Contract or International Pre- 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).
- TWO YEARS 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).
- 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:
- 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);
- 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:
- 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.