Terms of Sale 2026

1. These Terms apply to any order for, or purchase of, Products supplied by Tigerfish Foils International Ltd (as those terms are defined below). By ordering Products, you agree to these Terms. 

2. If you do not agree to these Terms, do not order any Products. 

1. Tigerfish Foils International Limited 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 Tigerfish Foils International Limited 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. 

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 Manta5 hydrofoil bike designed and manufactured by Tigerfish Foils International Limited and available for purchase. 

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. “TFF” means Tigerfish Foils International Limited, a New Zealand company (Company Number 9429053589927). 

6. “Product” a product ordered or purchased, 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 Tigerfish Foils International Limited 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. “Product Materials” refers to complimentary written content that accompanies the purchase of a Manta5 Hydrofoiler product.  

11. “Website” refers to www.manta5.com  

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 TFF has any authority to make statements contrary to these Terms. 

1. When you place an order for Products: 

1. you confirm that: 

1. you are aged 18 years or over; 

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

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

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

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

4. you may not cancel or alter any order that TFF has accepted, in whole or in part, without TFFs’ prior written consent. 

2. TFF reserves the right to accept or reject your order in whole or in part, or to vary or cancel any order that TFF 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, an error in your order, or TFF not receiving payment in full. Where TFF cancels an order in whole or in part after it has accepted it, TFF 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). 

1. The price for the Products will be confirmed when you place your order. 

2. Unless credit terms have been expressly agreed to by TFF, 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 TFF. 

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

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

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

3. as required by law. 

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

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

1. 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 

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

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. 

1. The Estimated Delivery Date is subject to change. TFF will endeavour to notify you in a timely manner. TFF 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. TFF 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. TFF 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 TFF 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 TFF 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 TFF 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 TFF s is shipping Products to you and the Products are lost or damaged in transit, please contact TFF at contact@manta5.com 

8. Title to the Products passes to you upon: 

1. 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 

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

1. Hydrofoilers will not ship fully assembled and, upon delivery, will require some assembly by you. Assembly instructions will be provided with each order. TFF will not be responsible for any injury, damage or death caused by improper or negligent assembly, adjustment, or inspection prior to using the Hydrofoiler. 

1. When you provide personal information to TFF, TFF will comply with the New Zealand Privacy Act 2020 and all other applicable privacy and data protection laws. 

1. This TFF Warranty (“Warranty”) is a voluntary manufacturer’s warranty by Tigerfish Foils International Limited, a New Zealand company (company number 9429053589927). 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.  

1. Before using the product, please read all TFF’s “Product Materials” including, without limitation, user manuals, safety guidelines, specifications, training videos, social media posts, and service communications from TFF or its authorised representatives. 

2. TFF warrants for the relevant coverage periods that the Hydrofoiler will be free from defects in material and workmanship under normal use in accordance with TFF’s Product Materials. 

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

• Chassis 

• Foils (front and rear) 

• Motors 

• Gearboxes 

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

3. 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. 

4. This Warranty is void under the following circumstances: 

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

2. Crash, physical impact, collisions or fire resulting from non-manufacturing processes, or use in unsafe locations or unsafe conditions. 

3. 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. 

4. Modification of the product without TFF approval. 

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

6. Wear and tear. Even when maintained correctly, some parts will eventually wear out and require replacement (such as seals, 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. 

7. Any damage to composite parts (foils, chassis) caused by exposure to direct sunlight or high temperatures for prolonged periods of time.  

8. Commercial use of any kind. 

9. If the serial number has been removed or defaced. 

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

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

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

13. TFF acknowledges that: 

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

2. subject to clause 11.5, in addition to the 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. 

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

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

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

2. 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 

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

16. 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 TFF at contact@manta5.com and TFF will arrange with you the process for: 

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

2. returning the Product to us; and/or 

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

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

18. TFF 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. 

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 TFF 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 TFF 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 TFF 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 TFF will rely on this waiver. 

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

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

2. TFF 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: 

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

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

3. TFF is not liable to you for any: 

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

2. 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 TFF’s liability cannot be excluded but can be limited, our liability is limited as set out in clause 13.2. 

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 TFF Foils. 

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 TFFs' 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 TFF's supply of the Products are governed by the laws of New Zealand, without reference to its conflicts of law's provisions, and the parties irrevocably submit to the exclusive jurisdiction of the New Zealand courts. 

1. The Seller is currently conducting remedial work to enhance the durability and performance of specific components within the Product. Upon completion of these remediation efforts, the Seller will replace the identified components with upgraded versions at no additional cost to the Buyer. If the Buyer experiences issues related to these components prior to the conclusion of the remediation process, the Buyer should contact the Seller for assistance at contact@manta5.com  

2. Claims for defects or non-conformities that are known and actively being addressed by the seller as part of the ongoing remediation will not be considered until the remediation is complete. 

3. The Seller’s liability under the warranty is limited to repair or replacement of the defective components, at its discretion. This warranty does not cover: 

1. Damage resulting from misuse, improper maintenance, or unauthorized modifications. 

2. Normal wear and tear, including consumable components such as batteries and seals. 

3. Damage arising from operation in conditions not recommended by the Seller. 

4. This warranty is non-transferable and applicable only to the original Buyer of the Product.