Terms & Conditions
Prices are quoted in AUD$ and include GST.
Orders will be processed, and an invoice supplied within 24 to 48hrs. Delivery is generally 10 to 14 days unless made to order and will be confirmed at time of order confirmation.
WARRANTY POLICY (AUSTRALIA)
1.0.1 ‘Customer’ has the same meaning as ‘Consumer’ under s 2 of the Consumer Guarantees Act 1993(NZ).
1.0.2 ‘Commercial Customer’ is any customer who may from time to time use any goods purchased from Takacat in connection with ‘trade’ as defined under s 2 of the Consumer Guarantees Act 1993 (NZ).
1.0.3 ‘Takacat’ means Ocean Portables NZ Limited
1.0.4 ‘Goods’ has the same meaning as ‘Goods’ under s 2 of the Consumer Guarantees Act 1993 (NZ), and are sold by Takacat to a Customer or Commercial Customer.
1.1 In addition to the implied warranties as set out in the Consumer Guarantees Act 1993 (NZ) (where applicable) and/or the Contracts and Commercial Law Act 2017 (where applicable) Ocean Portables NZ Limited provides to its customer the following further warranties as set out below:
2.0 WARRANTIES RELATING TO LX, SPORT AND EXPLORER MODEL TAKACAT BOATS
Takacat warrants to its Customers the following in relation to the LX, Sport & L Series model boats:
a) PVC and Hypalon fabrics: 5 YEAR LIMITED WARRANTY AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP commencing on the date of agreement of the sale and purchase.
b) Tube Seams and Air Deck Floors: 3 YEAR LIMITED WARRANTY AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP commencing on the date of agreement of the sale and purchase.
c) All parts, accessories and/or equipment which are sold or purchased separately to the GO, LX, Sport and Explorer model boats, including but not limited to Carry Handles, D-Rings, Seats, Oars, Transom assembly Beach Wheels are warranted to remain free from serious defects or deterioration which adversely affects the relevant item’s fitness for purpose for a period of TWO (2) years commencing on the date of the relevant purchase. Surfacce corrosion of transom bars is not covered under warranty.
d) None of the above warranties apply to Commercial Customers.
WARRANTIES RELATING TO PADDLEBOARD’S, KAYAK’S AND TAKADOCK’S
PVC fabrics and Tube Seams and any accessories purchased with or separately are warranted to remain free from serious defects or deterioration which adversely affects the boat’s fitness for purpose for a period of two (2) years commencing on the date of agreement of the sale and purchase.
3.0 WARRANTIES RELATING TO COMMERCIAL CUSTOMERS
Takacat warranties that any Goods sold by Takacat to a Commercial Customer shall remain free from serious defects or deterioration which adversely affects the boat and/or relevant item’s fitness for purpose for a period of twelve months (12) commencing on the date of agreement of the sale and purchase.
4.0 LIMITATIONS ON WARRANTIES
Takacat provides no warranty in relation to Goods sold, and is not liable to the Customer, Commercial Customer, or any third party, in any of the following events:
a) Where the relevant warranty timeframe attached to the Goods has expired.
b) Where a motor which exceeds the maximum horsepower recorded on the boat’s HIN plate.
c) Where the relevant Goods have not been properly stored, maintained, washed, handled, transported, or driven.
d) Where the relevant Goods are rented out by the Customer or Commercial Customer.
e) Where the relevant Goods have been used in a manner which contravenes any recommendations on proper usage made by Takacat on its website, user manuals, or any other verbal or written instruction available to the Customer or Commercial Customer.
f) Where the Goods sold are not factory new.
g) Where the Goods have been used for racing.
h) Where the cause of any damage or deterioration of any Goods cannot properly be said to be caused solely by an inherent defect of the Goods, or is caused either partly, or in whole, by any external factor for which Takacat could not reasonably be responsible for.
i) Any defect or deterioration of Goods which arises or becomes apparent while the Goods are outside of Australia.
5.0 FURTHER LIMITATIONS ON LIBAILITY
a) Takacat is not liable for to any Customer or Commercial Customer, or agents of the same, or any other person for any direct, indirect, incidental or consequential damage or loss of any nature howsoever caused (whether based in tort (including negligence), contract or otherwise) including, but not limited to, loss of profit, loss of sales opportunity, damage to equipment or property (including any costs or loss relating to any invasive inspection) or any other claim whatsoever in connection with the supply of Goods.
b) No warranties made by Takacat to its Customers or Commercial Customers are assignable or transferable.
a) Should a Court of competent jurisdiction determine and declare that any portion of these terms and services is void, voidable, illegal, invalid, or unenforceable, in whole or in part, such provision or part shall be severed from these terms and the remaining provisions and portions shall remain in full force and effect.
a) Any claim made against Takacat in relation to the above warranties, must be made to Takacat in writing within 10 working days of the relevant defect becoming apparent, and also before the expiry of the relevant warranty period attached to the Goods. The claimant party must also provide with its notice the following details
i) Description of nature pictures of the defect;
ii) Model number and reference;
iii) Hull I.D number (HIN);
iv) Proof of purchase.
b) In the event of any refund, all goods must be returned to Takacat Australia's National Distributor prior to the refund being processed. Refunds will be processed within 24hrs of the goods being received by the National Distributor.
c) In the event Takacat and the Customer or Commercial Customer are unable to reach an agreement in relation to the dispute, the parties agree that, either of them shall have the right to give to the other notice that the matter is to be referred to mediation in Auckland, NZ by a mediator who is a member of the LEADR in Auckland.
d) Without limiting the operation of subclause 6(a), insofar as Takacat may be found liable to the Customer or Commercial Customer or any other person in connection with any Goods sold, for any loss, damage or injury arising directly or indirectly from any cause, the liability of the Takacat for all claims made shall, in all cases, be limited to the purchase price for which the relevant Goods were purchased by the Customer or Commercial Customer.
e) Where a Customer or Commercial Customer makes a valid claim against Takacat within the terms and requirements set out in this schedule of warranties, Takacat or its authorised representative will rectify the defect within a reasonable time of the delivery of the Goods to Takacat or its authorised representative.
For additional information and or to make a claim please e-mail email@example.com.
WEBSITE TERMS & CONDITIONS
This website is owned by Ocean Portables NZ Ltd (Takacat Australia).
All material contained in this website is protected by intellectual property rights. All intellectual property on this website is owned by Takacat Australia.
You may access, view, reproduce and print the content on this website provided you only use that content for informational, non-commercial purposes and any reproduction includes a prominent acknowledgment of rights in the relevant content. If you wish to link to any part of this website, you must obtain prior written consent from Takacat Australia does not guarantee the content on this website will be current, accurate or complete when you access it. You recognise that information contained on this website may become out of date over time. The content of this website is provided on an “as is” basis. You are solely responsible for the actions you take in reliance on any content on, or accessed through this website. Users seeking to rely on or verify any content on this website should contact Takacat Australia directly.
Takacat Australia will not accept any liability, loss, or damage of any kind arising from any inaccuracy or omission in or the use of or reliance upon any information on this website. To the extent permitted by law:
All warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of this website or the content on or accessed through it; and
We will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this website or the content on or accessed through it.
We do not warrant that the website, content or the servers that make it available are virus, error or free of other harmful components. Service may from time to time be interrupted. The operation of this website may be suspended or discontinued for support or maintenance work. Access may be terminated either in relation to specific users or generally at any time and without notice.
If you are dissatisfied with this website or any content or material on it, your sole exclusive remedy is to discontinue use of this website.
This website may contain links to third party websites. Such links do not imply that Takacat Australia checks, endorses, approves or agrees with the third party websites it links to. No condition, warranty or other terms or representation is given in relation to any such websites.
Takacat Australia may collect, retain and update personal information about you which you provide both:
Directly, for example, by you sending us an email enquiring about information or to go on mailing lists; and
Indirectly through your use of this website.
Takacat Australia may use this information for purposes connected with providing, monitoring and marketing existing and future products and services to you.
You are entitled to access and correct the personal information Takacat Australia holds about you at any time.
This website and content has been prepared in accordance with the requirements of New Zealand law. These terms and any matters or disputes connected with this website will be governed by New Zealand laws and will be dealt with by New Zealand courts.