Purchase Contract Terms & Conditions

Last updated: April 16, 2021

Manta5 Global Warranty

This Manta5 Limited Warranty (“Warranty”) is a voluntary manufacturer’s warranty by Manta5 LP, a New Zealand limited partnership (limited partnership number 2592602), acting via its general partner Bright Spark Innovations GP Limited, a New Zealand company (company number 4749042) (“Manta5”). This Warranty applies to the products listed below. Your legal rights as a purchaser may vary by country or jurisdiction. This Warranty does not affect these rights.

Before using the product, please read all of Manta5’s “Product Materials” including, without limitation, user manuals, safety guidelines, specifications, training videos, social media posts, and service communications from Manta5 or its authorised representatives. Manta5 recommends that you register your product upon purchase at www.manta5.com as it will allow Manta5 to provide a better service in future.

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.

What is covered?

Warranty periods are from date of delivery and differ between products as detailed below. The following products are covered under warranty:

2-Year Warranty on Manta5 Hydrofoiler frames, and hydrofoils.

1-Year warranty on Manta5 Hydrofoiler buoyancy modules, and drivetrain components, including motors, gearboxes, driveshafts, propellers, buoyancy modules.

Manta5 Hydrofoiler batteries (including Hydropack): 1-year warranty or up to 250 charge cycles, whichever occurs first.

Proof of original retail purchase must be presented when making a claim under this warranty. Note that where the product is no longer owned by the original owner, the remaining warranty period (if any) is transferable to a second owner provided proof of original retail purchase is presented when making a claim.

What is not covered?

This Warranty is void under the following circumstances:

Improper use of the Hydrofoiler, including excessive, or other abnormal use.

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.

Modification of the product without Manta5 approval.

Improper maintenance or servicing (including any failure to comply with the Product Materials when maintain or servicing the product), improper alteration, improper assembly and/or use of parts, accessories or software that are not compatible with the product.

Wear and tear. Even when maintained correctly, some parts will eventually wear out and require replacement (such as chain-rings, chains, oil, bearings etc.). Similarly, the paint and bike graphics may be scratched as a result of normal use. Parts that are damaged due to wear and tear are not covered under this warranty.

Commercial use of any kind.

If the serial number has been removed or defaced.

Colour matching of replacement parts is not included in this Warranty.

This warranty does not cover any software programs, whether provided with the Hydrofoiler or installed subsequently, or any loss of the Customer’s data.

How to make a claim

Contact your nearest authorized Manta5 dealer to make a claim. If you have purchased your product directly from the Manta5 website (www.manta5.com), contact Manta5 customer support (support@manta5.com).

In the event that a valid warranty claim is made, Manta5 may either repair the product, or replace it with a similar product then available.

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.

Manta5 Terms of Sale

1. Application of Terms

1. These Terms apply to any order for, or purchase of, Products you make via the Website (as those terms are defined below). By ordering Products via the Website, you agree to these Terms.

2. If you do not agree to these Terms, do not order Products via the Website.

3. These Terms do not apply to Products purchased other than through the Website, e.g. Products purchased via an authorised Manta5 dealer.

4. If you are a resident of or located in the United States, these Terms include an arbitration clause and class action waiver that will impact any dispute resolution or claims under or in connection with these Terms. Please see clause 14 (US Dispute Resolution, Binding Arbitration and Class Action Waiver) below for further details.

2. Changes

Manta5 may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By ordering Products from Manta5 via the Website you agree to be bound by the Terms as at the date of order. A change to the Terms will not apply to Products ordered prior to the date of the Change.

These Terms were last updated on April 16, 2021.

3. Definitions

1. “Delivery Territory” means for example the United States of America, the United Kingdom or the European Union, as applicable.

2. “Estimated Delivery Date” means the estimated delivery date for the Products specified on the Website from time to time, acknowledging that the final delivery date is subject to change in accordance with these Terms.

3. “Hydrofoiler” means to a hydrofoil bike designed and manufactured by Manta5 and available for purchase via the Website.

4. “Loss” includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.

5. “Manta5” means Manta5 LP, a New Zealand limited partnership (limited partnership number 2592602), acting via its general partner Bright Spark Innovations GP Limited, a New Zealand company (company number 4749042).

6. “Product” a product ordered or purchased through the Website, including Hydrofoilers.

7. “Taxes” means all applicable taxes, including but not limited to: Federal and State taxes, goods and services taxes and value-added taxes, but excluding tax on our net income.

8. “Terms” means these Terms titled Manta5 Terms of Sale.

9. “Third Party Charges” means any fees charged by third parties in relation to your transaction, including any Taxes, duties or other liabilities imposed by any governmental agency (including any customs duty), credit card transaction fees and foreign currency conversion fees, shipping, insurance and handling charges.

10. “Website” means the Manta5 website at manta5.com.

4. Contract

1.The Products sold are subject to these Terms to the exclusion of any other terms and conditions stipulated or referred to by you.

2. You understand and agree that no director, employee or salesperson of Manta5 has any authority to make statements contrary to these Terms.

5. Orders

1. When you place an order for Products via the Website:

a. you confirm that:

i. you are aged 18 years or over;

ii. you are legally entitled to purchase those Products; and

iii. you are bound by these Terms in relation to that order, subject to our acceptance of that order;

b. you are making an offer to buy the Products, and Manta5 is not bound by that order until Manta5 has accepted it;

c. Manta5’s acceptance of your order occurs when Manta5 issues you a confirmation email of receipt of your order; and

d. you may not cancel or alter any order that Manta5 has accepted, in whole or in part, without Manta5’s prior written consent.

2. Manta5 reserves the right to accept or reject your order in whole or in part, or to vary or cancel any order that Manta5 has accepted in whole or in part at any time prior to shipment of the Products, for any reason including, without limitation, the unavailability of any Products, an error in the price or the description of Products on the Website, an error in your order, or Manta5 not receiving payment in full. Where Manta5 cancels an order in whole or in part after it has accepted it, Manta5 will notify you of the cancellation by email and will refund your payment in accordance with clause 6.6a but will have no other obligations to you in respect of the order (or the cancelled part of the order, as applicable).

6. Price & Payment

1. The price for the Products will be displayed when you place your order via the Website.

2. Unless credit terms have been expressly agreed to by Manta5, payment for the price of the Products and applicable Taxes and other Third Party Charges must be made in full before physical delivery or collection of Products.

3. You must pay all applicable Taxes and other Third Party Charges. These costs are all non-refundable.

4. You must pay in full unless agreed otherwise.

5. You are liable for any Third Party Charges incurred when paying the price or any part of the price, including but not limited to transaction fees and credit card fees. Until fully paid for, the Product remains the property of Manta5.

6. Manta5 will refund to you the price for the Products, excluding any Third Party Charges that have been incurred, only:

i. where Manta5 has received payment from you in relation to an order (or part of an order) that Manta5 does not accept or that it cancels;

ii. as set out in clauses 5.2 and 7.2; or

iii. as required by law.

7. Manta5 will remit any amounts payable by Manta5 to you by crediting the credit card or account from which your payment was made.

8. Manta5 may recover from you all Loss incurred by Manta5 as a result of your failure:

i. to take delivery when the Goods are delivered to you or to collect the Goods when the Goods are made available to you for collection, including any storage costs; or

ii. to pay any amount payable by you under these Terms, including any costs of debt recovery.

7. Cancellation & Refund Policy

1. No cancellation or changes. Unfortunately, you cannot cancel your order or terminate this agreement after you have made payment.

2. Returns/refunds of unopened, unused Hydrofoilers are accepted within 15 days of delivery. Open or used equipment is not eligible for return. All shipping costs, and transaction and processing fees will be at your expense.

8. Delivery

1. The Estimated Delivery Date is subject to change. Manta5 will endeavour to notify you in a timely manner. Manta5 will not be held liable for inaccurate information.

2. The Delivery Territory will be determined by the billing address as specified on your order.

3. Delivery must be made to an address within the Delivery Territory.

4. You will bear all delivery costs. Manta5 will inform you of the shipping costs in the order form. The delivery costs include the costs of transport insurance.

5. Dates given for shipment or delivery are stated in good faith but are not to be treated as a condition of the sale. Manta5 is not liable to you or any other person for any failure to meet a stated time for shipment or delivery and any such failure does not affect your obligation to pay for the Products.

6. If you request Manta5 to deliver the Products to another person or to allow another person to collect the Products, or if a person other than you takes possession of the Products at your requested delivery address, that person takes possession of the Products as your agent and you remain fully liable to Manta5 under these Terms despite delivery to or collection by that other person.

7. Subject to clause 8.8, the Products will be shipped in accordance with the Incoterms 2020 shipping terms set out in the order confirmation issued by Manta5 under clause 5.1c, and risk in the Products passes to you in accordance with the Incoterms 2020 shipping terms so specified and clause 8.6. If Manta5 is shipping Products to you and the Products are lost or damaged in transit, please contact Manta5 at support@manta5.com.

8. Title to the Products passes to you upon

a. delivery of the Products to your designated delivery address in accordance with these Terms (whether or not you take delivery) and full payment received; or

b. collection of the Products by you or your agent in accordance with these Terms and full payment received.

9. Assembly

1. Hydrofoilers will not ship fully assembled and, upon delivery, will require some assembly by you. 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.

10. Privacy Policy

1. When you provide personal information to Manta5, Manta5 will comply with our privacy policy at https://manta5.com/legal, the New Zealand Privacy Act 2020 and all other applicable privacy and data protection laws.

11. Warranties

1. Refer to our written warranty included with the Product and available on the Website at [insert url] (“Product Warranty”).

2. The Product Warranty covers use of the Product for personal use only.

3. Manta5 acknowledges that:

a. the Products are of a kind ordinarily acquired for personal use;

b. subject to clause 11.5, in addition to the Product Warranty the Products are also sold with all applicable consumer guarantees prescribed by the New Zealand Consumer Guarantees Act 1993 (if applicable) and other applicable consumer protection laws.

4. Subject to applicable consumer protection laws, where there is a failure that amounts to a breach of an applicable consumer guarantee, Manta5 will repair, replace or provide a refund of the price for the Product in accordance with applicable consumer protection laws.

5. If you are, or you have represented that you are, acquiring Products for the purposes of a business, the parties agree that:

a. the Product Warranty does not apply to the Products that you purchase;

b. to the maximum extent permissible by law, neither the New Zealand Consumer Guarantees Act 1993 nor any other consumer protection laws apply to the Products that you purchase or these Terms; and

c. it is fair and reasonable that the parties are bound by these Terms, including this clause 11.5.

6. Where you believe that you have purchased any Product that does not meet the Product Warranty or any applicable consumer protection laws, or you have received an incorrect Product please contact Manta5 at support@manta5.com and Manta5 will arrange with you the process for:

a. determining if the Product is defective; and/or

b. returning the Product to us; and/or

c. providing you with any remedy to which you may be entitled.

7. If you seek inspection and/or servicing of Products where there is no legitimate claim under the Product Warranty or any applicable consumer protection laws then you will bear the cost of such servicing or inspection.

8. Manta5 makes no representation or warranty that the Products, your purchase of the Products or any use of the Products is legal or appropriate in all countries, or that the user, service, and operating manual(s) for the Products satisfies the laws of all countries. You are responsible for ensuring that your purchase, importation and use of the Products is not illegal or prohibited, and for your own compliance with applicable local laws.

12. Waiver

1. You acknowledge and agree 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 you or any person who uses the Hydrofoiler.

2. You further acknowledge 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 you or any person who uses the Hydrofoiler or for your death (or the death of any person who uses the Hydrofoiler) and accordingly you hereby, to the fullest 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 by you 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 Manta5 or its directors, employees or agents.

3. You further acknowledge and agree that you use the Hydrofoiler freely, voluntarily and absolutely at your own risk and with a full appreciation of the nature and extent of all risks involved in the activity.

4. This waiver shall bind you and your successors and executors and Manta5 will rely on this waiver.

13. Liability

1. Except as set out in clause 11, to the maximum extent permitted by law:

a. you purchase and use the Products at your own risk; and

b. Manta5 is not liable or responsible to you or any other person for any Loss in connection with the Products, your purchase or use of the Products or these Terms. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

2. To the maximum extent permitted by law and only to the extent clause 13.1 does not apply or does not limit or exclude any liability:

a. our liability for claims relating to the Products is limited to the purchase price paid by you for the Products;

b. our liability for all other claims is limited to NZD$100; and

c. Manta5 is not liable to you for any:

i. loss of profit, revenue, savings, business and/or goodwill; or

ii. consequential, indirect, incidental or special damage or loss of any kind.

3. Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent Manta5’s liability cannot be excluded but can be limited, our liability is limited as set out in clause 13.2.

14. US Dispute Resolution, Binding Arbitration and Class Action Waiver

1. This clause 14 applies if you are a resident of or located in the United States.

2. If a dispute or claim arises out of or relates to the Products or these Terms, the dispute must be determined by arbitration in accordance with the Federal Arbitration Act and this clause 14, except that you may assert claims in small claims court if your claims qualify.

3. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages). An arbitrator must also apply the terms of these Terms as a court would.

4. Both parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Unless both parties otherwise, an arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. An arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claims. Any relief awarded cannot affect Manta5’s other customers.

5. If a court decides that any of the limitations in clause 14.4 are not enforceable under applicable law in relation to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or remedy request) must be severed from the arbitration and may be brought in court, subject to both party’s rights to appeal the court’s decision. All other claims and remedy requests will be arbitrated in accordance with this clause 14.

6. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim to Manta5 at Manta5 LP, 18 Kaimiro Street, Pukete, Hamilton, Waikato 3200, New Zealand. Manta5 will send any notice commencing arbitration to you to the physical address Manta5 has on file associated with your purchase of the Products.

7. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.

8. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Manta5 will, at your request, reimburse those fees for claims totalling less than USD10,000 unless the arbitrator determines your claims are frivolous. Manta5 will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines your claims are frivolous.

9. You may choose to have the arbitration conducted in person in your hometown or the county where you live or at another mutually agreed location. Either party may attend by telephone or via another mutually agreed electronic means (e.g. by video-conference), unless the arbitrator requires otherwise.

10. If for any reason a claim proceeds in court rather than in arbitration, both parties agree to waive any right to a jury trial to the fullest extent permitted by law.

15. General

1. You must at all times comply with the user, service, and operating manual(s) for the Products.

2. You must not assign or otherwise transfer any of its rights and obligations under these Terms whether in whole or in part without the prior written consent of Manta5.

3. If any provision of these Terms 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 the remainder of the provisions in question will not be affected.

4. No failure or delay on Manta5’s part in exercising any power or right under these Terms 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.

5. 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.

6. Subject to clause 14, these Terms, your order and Manta5’s supply of the Products are governed by the laws of New Zealand, without reference to its conflicts of laws provisions, and the parties irrevocably submit to the exclusive jurisdiction of the New Zealand courts.

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