Deposit means the deposit to be paid after completing and submitting Your Fliteboard Order Confirmation.
Fliteboard means the electric hydrofoil board known as “Fliteboard”, the details of which are published on the Website.
Fliteboard Order Confirmation means the order confirmation You submit to Us, which specifies the configuration of Your Fliteboard (refer clause 3).
Purchase Agreement means Your order for a Fliteboard constituted by this agreement.
We or Us means Fliteboard Pty Ltd ACN 621 061 569. Website means www.fliteboard.com.
You means the buyer of the Fliteboard specified in the Fliteboard Order Confirmation and Your has a corresponding meaning.
This Purchase Agreement sets out the sole basis for Your purchase of a Fliteboard to the exclusion of any conditions of sale appearing on any other document. If You proceed to pay the Deposit and submit Your Fliteboard Order Confirmation, You agree and acknowledge that You are bound by this Purchase Agreement.
Configure Your Fliteboard
You must confirm the configuration of Your Fliteboard including specifying Your Fliteboard model, Flite Cell Battery, eFoil Size and Colour, Wing Type, Battery Charger and any other items set out on the order form (Fliteboard Order Confirmation). If Your Fliteboard Order Confirmation is not complete, We may notify You that Your order is not accepted, or production and delivery of Your Fliteboard may be delayed.
Your Fliteboard will be built in accordance with the specifications of Your Fliteboard Order Confirmation.
The price of Your Fliteboard and the amount of the Deposit payable, will be calculated on the basis of Your Fliteboard Order Confirmation and be notified to You. To proceed, You will be required to pay the Deposit. By submitting Your Fliteboard Order Confirmation and paying the Deposit, you will be taken to have accepted the terms set out in this Purchase Agreement. If you do not agree to the terms of this Purchase Agreement, You should not submit Your Fliteboard Order Confirmation and pay the Deposit. We are not bound by any Fliteboard Order Confirmation until we have received the Deposit in full.
Your Deposit is not held separately, in escrow or trust. We do not pay any interest on Your Deposit in the event that Your order is cancelled.
The Final Payment, being the balance of the total cost of Your Fliteboard after the Deposit has been paid, must be paid at least 7 days prior to dispatch of Your Fliteboard. You will receive an email from Us confirming Your Estimated Shipment Date and requesting Your Final Payment.
No cancellation or changes
Unfortunately, You cannot cancel Your order or terminate this agreement after You have paid the Deposit. No changes to the specifications of Your Fliteboard are permitted to be made after You have paid the Deposit.
We may cancel Your order any time before You make the Final Payment, by notice to You in writing. If We cancel Your order because You fail to make the Final Payment, then You forfeit Your Deposit. If We cancel Your order for any other reason, then We will refund the amount of Your Deposit
Shipping, import duties and other costs.
Australia and New Zealand
Shipping and Handling is included in the total price as shown on Your Fliteboard Order Confirmation. Shipping and Handling is inclusive of all shipping charges, duty and any import clearance charges to a destination address in Australia or New Zealand.
Shipping and Handling is included in the total price as shown on Your Fliteboard Order Confirmation. Shipping and Handling is inclusive of all shipping charges, duty and any import clearance charges to a destination address in the United States.
Shipping and Handling is included in the total price as shown on Your Fliteboard Order Confirmation. Shipping and Handling is inclusive of all shipping charges, duty and any import clearance charges to a destination address in the European Union.
All Other Destinations
At Your request, we will use our best efforts to provide You with shipment options that are under Ex-Works (EXW) shipment terms or Delivered At Place (DAP) shipment terms.
Any shipment times given to or discussed with You any time before You make Your Final Payment are estimates only and are not binding on Us (Estimated Shipment Date). Because We build each Fliteboard to its own specifications, any Estimated Shipment Date discussed with You is based on our best estimates. However, it is subject to change and We cannot guarantee that Your Fliteboard will be dispatched on the Estimated Shipment Date.
Subject to receiving Your Final Payment, we will confirm Your expected Final Shipment Date (Final Shipment Date). Again, the Final Shipment Date is based on our best estimate and is subject to change. We will keep you updated regarding your Final Shipment Date if anything changes.
Fliteboard Limited Warranty
Our liability for each Fliteboard that We manufacture is limited to making good any defects, provided that a valid defect claim is notified to us within 12 months from dispatch of Your Fliteboard and further provided the Fliteboard has been used and maintained in accordance with our published product manuals. We will do so by repairing the defects or, at our option, by replacing the Fliteboard. These obligations apply so long as:
- the defects have arisen solely from faulty materials or workmanship;
- the Fliteboard has not received maltreatment, inattention or interference;
- accessories of any kind used by You are manufactured by or approved by Us;
- the seals of any kind on the Fliteboard remain unbroken;
- and the Fliteboard or relevant part is promptly returned to us.
If We accept Your claim, we will reimburse shipping costs You have incurred in returning the Fliteboard or the effected Fliteboard parts to the nearest Flite Service Partner in your country, as well as those relating to the return of the Fliteboard or Fliteboard parts to You.
If We accept Your claim, if a Flite Service Partner does not exist in your country and furthermore, if you are located in the European Union, we will reimburse shipping costs You have incurred in returning the Fliteboard or the effected Fliteboard parts to the nearest Flite Service Partner within the European Union, as well as those relating to the return of the Fliteboard or Fliteboard parts to You.
If We accept Your claim and if a Flite Service Partner does not exist in your country, we do not reimburse any shipping costs You have incurred in returning the Fliteboard or the effected Fliteboard parts to Us, as well as those relating to our return of the Fliteboard or Fliteboard parts to You.
Flite Service Partners currently exist in Australia, Netherlands, Italy, Spain, France, Germany, Greece and USA.
You can notify a defect claim to us by contacting us as follows:
6/4 Banksia Drive
Byron Bay NSW 2481
Tel: +61 1300 003 5483
If We accept Your claim, we will reimburse shipping costs You have incurred in returning the Fliteboard to Us, as well those related to our return of the Fliteboard or part to You.
We are not liable for any defects that have arisen as a result of:
- Your failure to properly maintain and care for the Fliteboard and its components in accordance with the instructions found within the product manual(s); or
- damage caused due to crash, physical impact, or fire resulting from non-manufacturing factors, including but not limited to, errors made by You or another person using Your Fliteboard, use in unsafe locations, and/or use in unsafe conditions, such as inclement weather or otherwise not in accordance with the product manual(s) provided to You.
- Except as provided in these conditions and subject to item 8 below, to the extent permitted by law, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. We are not liable for physical or financial injury, loss or damage or for consequential or indirect loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the Fliteboard or arising out of our negligence or in any way.
For our Australian customers: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Only to the extent that item 7 above cannot limit our liability and to the extent permitted by law, our liability for a breach of a condition or warranty implied by Part 3-2 Division 1 of the Australian Consumer Law is limited to:
in the case of goods, any one or more of:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; and
- the payment of the cost of having the goods repaired; or
in the case of services:
- the supplying of the services again;
- or the payment of the cost of having the services supplied again.
Title and risk
Upon delivery of the Fliteboard to Your nominated address, the risk and title in the Fliteboard is transferred to You.
For deliveries outside of Australia, Fliteboard is sold on Ex-Works (EXW), Delivery Duty Unpaid (DDU) or Delivery Duty Paid (DDP) terms (as specified in Your Fliteboard Order Confirmation) and risk and title passes accordingly.
You will be provided with a user guide when You receive Your Fliteboard. The user guide contains instructions for safety, operation and maintenance of Your Fliteboard. You acknowledge it is essential to read and follow all of the instructions and warnings in the user guide prior to assembly, setup or use, in order to operate the product correctly and avoid damage, serious injury or death. If You cannot read the user guide, or do not understand the user guide, You must contact Us for additional information or assistance, before assembling, setting up or using the Fliteboard.
If GST is payable in relation to a supply made under or in connection with this Purchase Agreement then:
- You must pay an additional amount to Us equal to the amount of that GST at the same times as other consideration is to be provided for that supply; and
- Our right to payment under this clause is subject to a valid tax invoice being delivered to You.
You acknowledge and agree that the use of a Fliteboard 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 Your Fliteboard.
You further acknowledge and agree that due to the nature of the activity, it would be unreasonable for Us to be in any way responsible for any injury to You or any person who uses Your Fliteboard or Your death (or the death of any person who uses Your Fliteboard) and accordingly You hereby, to the full extent permitted by law, waive all of Your legal rights of action against and fully release Us for loss, damage, injury or death howsoever arising out of or in relation to Your use of the Fliteboard or the use of Your Fliteboard 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 us, our directors, employees or agents.
You further acknowledge and agree that You use the Fliteboard 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.
This waiver shall bind You and Your executors and We will rely on this waiver.
For the avoidance of doubt, nothing in this Purchase Agreement excludes, restricts or modifies or has the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.
Place of contract
This Purchase agreement shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts and tribunals of the governing law jurisdiction.
If at any time any provision of this Purchase Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that will not affect or impair:
- the legality, validity or enforceability in that jurisdiction of any other provision of this Purchase Agreement; or
- the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this Purchase Agreement.