Wavez Terms and Conditions of Sale

Please ensure that you have carefully reviewed the product page(s) to ensure that you are fully aware of any product features, limitations, or restrictions prior to placing your order. This website is the source of accurate information relating to the products for sale here. Wavez will not be held responsible for any misinformation from any third party upon which you base your purchasing decision. if in doubt, please get in touch with Wavez for clarification.

1. Parties

1.1 “Us”, ”our” and “we” and similar words used in this agreement means Wavez Electric Water Sports, a trading name of APAC Distribution Pty Ltd, ABN 79164759871.

1.2 “You” and “your” and similar words used in these terms mean the person, persons, or entity identified on the Order that is not us.

2. Agreement

2.1 Any advertisement of the Goods, including pricing or quotations for pricing or supply, constitutes an invitation to treat only.

2.2 The Order and these terms together constitute an offer by you to us to provide you with goods as described in the Order (“Goods”) in accordance with these terms.

2.3 Acceptance by us of your Order or our communication to you confirming that your Order has been accepted will constitute your agreement as to the contents of these terms.

2.4 Watercraft and batteries are sold for private recreational use only. All intended uses other than for private recreational purposes are prohibited. If you wish to use it for commercial purposes, e.g. in a rental business, please get in touch with us to discuss options.

3. Payment Terms and Title

3.1 All our prices, unless otherwise stated, are inclusive of Goods and Services Tax in Australia.

3.2 Goods to be delivered to countries other than Australia are offered exclusive of any taxes and duties unless otherwise stated. It is your responsibility to pay such charges, if any, upon the importation of the Goods.

3.3 If you are paying in advance, payment is due immediately upon our receipt of your completed Order, unless agreed otherwise in advance of order placement. Our obligation to supply you with the Goods remains conditional upon receipt of the whole of that payment.

3.4 If you are paying a deposit for your order then:

(a) The deposit is payable immediately upon our receipt of your Order; and

(b) The balance payable is due upon us providing you with written notification that the Goods are ready for shipping; and

(c) Our obligation to supply the Goods, and any further Goods or Services (including Warranty repairs) remains conditional upon receipt of all balances outstanding in relation to your order; and

(d) Balances unpaid after 14 days may result in the Goods being resold and your Order being fulfilled from the next batch of inventory.

3.5 You agree that no title in the Goods shall pass until you have made all payments due under this Agreement, and, until that time, if you have received any Goods, you hold them on trust for us and in a fiduciary capacity ending only when payment has been made in full for the Goods. You must not use Goods that have not been paid for in full unless agreed otherwise in advance of use.

3.6 If any amount remains outstanding beyond the due date of payment agreed when the order was placed, any discounts applied at the time of purchase will expire (including wholesale pricing) and the full RRP at the final date of payment (or, if higher, the full RRP at the order date) will be due.

3.7 If any amount remains outstanding beyond the due date of payment agreed when the order was placed, an interest rate of 2% per month compounding will be applied to the outstanding amount from the order date through to the date the full balance is paid.

4. Shipping and delivery

4.1 Our free shipping offer applies to mainland Australia and Tasmania and covers all products on our website.

4.2 Overseas shipping, customs, and logistics activities are outside our control. As such, we are unable to offer any warranty or representation regarding the delivery schedule for Goods that have not yet arrived at our warehouse or the warehouse of our Australian supplier.

4.3 Many of the products we offer are innovative and cutting-edge products offered by exciting new startup businesses. Such startups may overestimate the maturity of their products, overestimate their delivery capacity, and are often at the mercy of their upstream suppliers. As such, whilst we can pass on the manufacturers’ target timeframes, we are unable to provide any warranty or representation regarding when the finalised product will leave the production line and be available to ship or deliver.

4.4 While we use best endeavours to ensure that shipping occurs within a reasonable period of time and close to the estimated shipping time, we do not provide any warranty or representation as to the time for delivery of the Goods where the shipping is being performed by the manufacturer or a third-party shipping company and the delay arises for a reason outside of our control.

4.5 You acknowledge and agree that we are not responsible for any damage which occurs to the Goods during delivery and that you have been offered the opportunity to purchase your own insurance coverage for this risk.

4.6 We engage the services of a third-party company for delivery of Goods such as Australia Post, Couriers Please, DHL, Fastway, FedEx, TNT, Toll, UPS, and others. These companies may or may not accept any special instructions regarding delivery, and, even when they do, they may or may not deliver in accordance with such instructions. We do not have control over these companies' policies or practices.

4.7 In the event that you nominate delivery to be made in your absence, for example having the Goods left outside your premises, in a carport, or other area, you accept full responsibility for any damage or theft which may occur as a result of that direction.

4.8 In the event that any delivery or shipping to you cannot be completed and the Goods are held for delivery at a later date and there are storage charges incurred, you agree to pay for such storage costs reasonably incurred.

4.9 In the event that any delivery or shipping to you cannot be completed and the Goods are returned to us, you agree to pay for any storage, shipping, delivery, handling, or re-delivery charges related to the return of the Goods to us.

4.10 In the event that we are unable to identify a third-party company that can reasonably deliver the Goods to your nominated delivery address (which may occur when Goods are oversized or contain lithium batteries), we will contact you to agree on either an alternate delivery address or a refund. In the case of an alternative delivery address, if there is a difference in the price of shipping and delivery, that will be charged or refunded prior to delivery.

4.11 In the event that the price charged to you for shipping and delivery is lower than the price quoted to us by our third-party shipping company, we may contact you to request payment of the difference, no higher than our cost price, or cancel the order and issue a refund. This is not common since the prices we charge are usually retrieved through a real-time pricing engine connected directly to our third-party shipping company systems. However, international shipping prices of large watercraft and lithium batteries are often manually calculated and are usually based on shipping to major metro centres. If your delivery address is a long way from your country’s major air or seaport, or prices were otherwise not quoted correctly, you may be required to pay additional delivery charges.

4.12 The Kymera Body Board may only be shipped to the following countries: Australia. Any orders placed for the Kymera Body Board to be shipped to another country may be canceled and a refund issued, minus administration charges (such as restocking fees and/or bank or Paypal fees which are not refunded to us).

4.13 By default, Goods are shipped with “Authority to leave” in your absence, with no signature required. If this is not acceptable, please specify that you “require a signature upon delivery” when checking out.

5. Refunds, Licensing, and Registration

5.1 If for any reason you are dissatisfied with the Goods supplied to you, you must contact us and provide details of your concern. In the event you are entitled to return the Goods you agree to pay shipping costs to return the Goods to us in the first instance.

5.2 We are not required to provide a refund or replacement if you change your mind. But you can choose a refund or exchange if an item has a major problem. This is when the item:

• has a problem that would have stopped someone from buying the item if they had known about it;

• is unsafe;

• is significantly different from the sample or description; or

• doesn’t do what we said it would, or what you asked for, and can’t be easily fixed.

Alternatively, you can choose to keep the item and we will compensate you for any drop in value. If the problem is not major, we will repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement.

5.3 In the event that any operator licensing or vessel registration is required by any Government authority or agency, you agree that you will take all steps to procure such license or registration prior to using the Goods. You further agree to use the Goods in accordance with all applicable local laws, rules, and regulations.

6. Warranties

6.1 All Goods provided by us to an Australian delivery address come with a one-year parts and labour private recreational warranty (unless stated otherwise), with warranty services to be provided by a Wavez-approved service centre in Australia. You can claim your warranty by notifying us by email or phone of the nature of the issue. We will identify your nearest Wavez-approved service centre and advise them of the issue and our recommendations regarding resolution. Upon our confirmation, you should then take your product to the service centre for repair or parts replacement. DO NOT attempt to modify or repair your Goods without permission in writing from Wavez or you will void your warranty on part or all of the Goods.

6.2 All Goods provided by us to an international (non-Australian) delivery address come with a one-year private recreational warranty on parts (unless stated otherwise), with warranty services to be provided by a Wavez-approved service centre in your local country to maintain your warranty. You can claim your warranty by notifying us by email or phone of the nature of the issue. We will identify your nearest Wavez-approved service centre and advise them of the issue and our recommendations regarding resolution. Upon our confirmation, you should then take your product to the service centre for repair or parts replacement. DO NOT attempt to modify or repair your Goods without permission in writing from Wavez or you may void your warranty on part or all of the Goods.

6.3 Watercraft and batteries are sold for private recreational use only. All intended uses other than for private recreational purposes are prohibited. If you wish to use it for commercial purposes, e.g. in a rental business, please get in touch with us to discuss options.

6.4 You acknowledge and agree that watercraft may include batteries that will have a reduced capacity over time as an inherent feature of the battery. The period of time largely depends upon the care and use of the batteries.

6.5 You acknowledge and agree that the Goods delivered to you may differ in colour and appearance from the advertising and photographs you have seen in relation to the Goods.

6.6 You acknowledge that the Goods must be cleaned and properly maintained following each use strictly in accordance with Wavez’s and the manufacturer’s instructions to prevent premature degradation of any operational parts of the Goods. You further acknowledge that in the case of Watercraft any operating parts (such as electronics or moving parts) will be serviced at least every 6 months at a Wavez-approved service centre, to be organised by yourself. We will not accept responsibility for any damage or degradation to the Goods arising from your failure to maintain or service the Goods.

6.7 You acknowledge that watercraft are not to be used for racing or in shallow water or in close proximity to other persons or watercraft and are never to be used in small enclosed waterways such as a pool. The use of watercraft in such environments may be unsafe and lead to damage to the watercraft for which we will not accept responsibility and also carry the risk of personal injury or death.

6.8 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

6.9 You may be entitled to the benefit of statutory warranties and Consumer Guarantees under the Australian Consumer Law in relation to the supply of the Goods which may not be excluded under this Agreement and no part of this agreement is intended to derogate from any condition, warranty or guarantee that you are entitled to under the Australian Consumer Law save that our sole liability in respect of any breach of a condition, warranty or guarantee under the Australian Consumer Law is limited to the replacement of the Goods, the supply of equivalent goods, payment of the cost of replacing the Goods or acquiring equivalent goods, or the repair of the Goods or the payment of the cost of having the Goods repaired.

6.10 To the extent permitted at law, all conditions, warranties, representations, and promises concerning the quality and/or fitness for use of the Goods are hereby excluded to the furthest extent permitted at law.

7. Reverse engineering, resale and export are prohibited

7.1 You agree not to permit, and not to procure, any form of reverse engineering or deconstruction of the Goods or to attempt to make any modification to the Goods in any way without written permission from APAC Distribution Pty Ltd (email [email protected] or call +61 2 9098 8958).

7.2 You acknowledge that APAC Distribution Pty Ltd has the exclusive distribution rights in relation to the Kymera Body Board in Australia, and you agree that you will not advertise the Kymera Body Board for resale as new to any third party at a wholesale or retail level or to sell the Kymera Body Board at the wholesale or retail level or take any other step to circumvent our exclusive rights in relation to the sale or rental of the Kymera Body Board, or those of any other Kymera Body Board distributor, without permission in writing from APAC Distribution Pty Ltd (email [email protected] or call +61 2 9098 8958).

7.3 You agree not to permit, and not to procure, export of the Goods from the country to which they were delivered. You acknowledge that any such export is not only a breach of this agreement but may also involve the illegal export of dangerous goods (lithium batteries) without appropriate authority and documentation.

7.4 You agree that any proposed or actual resale or export by you in breach of 7.2 or 7.3 above is a breach of this Agreement for which damages will be an inadequate remedy.

8. Use of the Goods, Indemnity, and Release

8.1 THE USE OF WATERCRAFT IS AN INHERENTLY RISKY ACTIVITY AND YOU HEREBY ACKNOWLEDGE AND UNDERSTAND THAT THE USE OF THE GOODS IN A WATERWAY, EITHER PROPERLY OR IMPROPERLY, CARRIES WITH IT A REAL RISK OF PERSONAL INJURY OR DEATH. YOU MUST ENSURE THAT ALL USE OF THE GOODS EITHER BY YOU OR BY ANY PERSON YOU PERMIT TO USE THE GOODS (WHETHER UNDER A RENTAL AGREEMENT OR OTHERWISE) IS CONDUCTED IN A SUPERVISED, SAFE AND SENSIBLE MANNER AND IN ACCORDANCE WITH ALL APPLICABLE LOCAL LAWS, RULES, AND REGULATIONS.

8.2 You acknowledge that APAC Distribution Pty Ltd, has the exclusive rental rights in relation to the Kymera Body Board in Australia, and you agree that you will not advertise Kymera Body Boards for rental to any third party or to rent Kymera Body Boards or take any other step to circumvent our exclusive rights in relation to the rental of Kymera Body Boards without permission in writing from APAC Distribution Pty Ltd.

8.3 You agree that any proposed or actual rental by you in breach of 8.2 above is a breach of this Agreement for which damages will be an inadequate remedy.

8.4 In the event that you intend to make Watercraft available for rental and enter into a commercial rental agreement with us, you must not commence operations without procuring an appropriate insurance policy providing coverage for any injury occurring to any person arising from their use of the watercraft.

8.5 You hereby release, hold us harmless, and indemnify us in relation to any claim made against us in respect of loss or damage (including for personal injury or death) howsoever arising in connection with your use or the use by any other person (whether under hire or rental agreement or not) of the Goods.

8.6 The above indemnity extends to legal costs we incur in any action required by us against you to enforce our rights, including any legal costs incurred in relation to any breach of this agreement.

8.7 We will not be liable to you for any consequential loss, loss of profit, loss of opportunity or loss of chance you suffer from a breach of this agreement or arising from your use or misuse of the Goods (or the use or misuse of the Goods by a person who has rented or hired the Goods from you).

9. Outstanding amounts

9.1 We may recover from you, as a debt due, any amount due and payable under these terms and you agree to pay interest compounding monthly on any sum due to us from time to time at the rate of 2% per month compounding.

10. Privacy

10.1 We treat the information provided to us by customers in accordance with our Privacy Policy available on our website https://wavez.com.au

11. No Waiver

11.1 To the extent that we do not enforce any right we may have under this agreement, such action will not constitute a waiver of that right.

12. Severability

12.1 To the extent that any part of these terms is found to be unenforceable by operation of law or otherwise invalid, that part only is to be severed from this agreement and the balance of the agreement will stand.

13. Whole agreement/Legal advice

13.1 You confirm that you have been provided with the opportunity to negotiate the terms of this agreement and have had the opportunity to obtain your own legal advice in respect of the effect of this agreement.

13.2 This document and your acceptance of the same constitutes the whole of the agreement between the parties and may only be varied in writing signed by both parties.

13.3 You warrant that you have not entered into this agreement on the basis of any representation made by us not recorded in this agreement.

14. Confidentiality

14.1 You agree that any communications with our office concerning your experience with the Goods, including any issues raised concerning quality or fitness for purpose of the Goods is to be treated with the utmost confidentiality and you agree not to place any negative comments or reviews of the Goods online without first contacting us in writing and providing us with an opportunity to respond to your concerns.

14.2 You agree that a breach of this clause would cause irreparable harm to us and that this clause does not constitute a penalty.

15. Notice

15.1 The parties agree to accept service of any written notice, including payment claims, payment schedules, court processes, or other documents by post, facsimile, or email if an address, facsimile, or email address is provided in the Purchase Order.

15.2 The parties agree that an email that includes a working link to a third-party document storage/delivery service (such as DropBox or Google Drive) will constitute valid service of the documents available from the download link within the email.

16. Dispute resolution

16.1 Any dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation Rules.

16.2 The parties to this agreement agree that the laws of New South Wales shall govern this agreement and the courts of that State shall have non-exclusive jurisdiction over any dispute arising from this agreement.

16.3 Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court of competent jurisdiction.

Last updated 10 May 2022