Terms & Conditions

Orders (New Zealand)

Prices are quoted in NZ$ and include New Zealand GST and duty unless stated otherwise.

Orders will be processed, and an invoice supplied within 24 to 48hrs. Delivery is generally within days unless made to order and will be confirmed at time of order confirmation.

Warranty Policy (New Zealand)

1.0 INTERPRETATION

1.0.1 ‘Customer’ has the same meaning as ‘Consumer’ under s 2 of the Consumer Guarantees Act 1993.

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.

1.0.3 ‘Takacat’ means Takacat NZ Limited

1.0.4 ‘Goods’ has the same meaning as ‘Goods’ under s 2 of the Consumer Guarantees Act 1993, 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 (where applicable) and/or the Contracts and Commercial Law Act 2017 (where applicable) Takacat NZ Limited provides to its customer the following further warranties as set out below:

2.0 WARRANTIES RELATING TO LX, SPORT, LX-R and PREDATOR MODEL TAKACAT BOATS

Takacat warrants to its Customers the following in relation to the LX, LX-R and Sport model boats:

a) PVC and TPU fabrics are warranted to remain free from serious defects or deterioration which adversely affects the boat’s fitness for purpose for a period of five (5) years commencing on the date of agreement of the sale and purchase.

b) Tube Seams are warranted to remain free from serious defects or deterioration which adversely affects the boat’s fitness for purpose for a period of five (5) years commencing on the date of agreement of the sale and purchase.

c) All Air Deck floors sold with the LX, or Sport Series are warranted to remain free from serious defects or deterioration which adversely affects the boat’s fitness for purpose for a period of three (3) years 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 LX, LX-R, Sport, Predator 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.

d) None of the above warranties apply to Commercial Customers.

3.0 WARRANTIES RELATING TO GO SERIES MODEL TAKACAT BOATS

Takacat warrants to its Customers the following in relation to the GO Series model boats:

a) PVC fabrics, Tube Seams & Air Deck Floors are warranted to remain free from serious defects or deterioration which adversely affects the boat’s fitness for purpose for a period of three (3) years commencing on the date of agreement of the sale and purchase.

b) All parts, accessories and/or equipment which are sold or purchased separately to GO, LX, Sport and Predator model boats, including but not limited to Carry Handles, D-Rings, Seats, Oars, 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.

c) None of the above warranties apply to Commercial Customers.

WARRANTIES RELATING TO PADDLEBOARD’S, KAYAK’S AND TAKADOCK’S

PVC fabrics and 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.

4.0 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.

5.0 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 New Zealand.

6.0 FURTHER LIMITATIONS ON LIABILITY

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.

7.0 SEVERABILITY

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.

8.0 CLAIMS

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;

Model number and reference;
Hull I.D number (HIN);
Proof of purchase.

b) 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 by a mediator who is a member of the LEADR in Auckland.
c) 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.
d) 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.

Payment Policy

We accept the following methods of payment:

Bank wire transfers (Contact us for Bank Details)
Stripe credit card payments (surcharge applies)
Bank Cheque

Please write your name and invoice number at time of transfer so we can track your payment with no issues.

On receiving your order or quote, we will e-mail you a detailed invoice for you to check and confirm the details. If available ex stock full payment will be required prior to dispatch.

If made to order we then require a 50% deposit to start the production of your custom built hand made Takacat. The remaining 50% is payable prior to shipping.

Any questions or queries please email sales@takacat.co.nz

Website Terms & Conditions

This website is owned by Takacat NZ Limited (Takacat).

These terms of use apply to the use of this website and to any information you may send to us or submit to the website. By accessing and browsing this website you are deemed to have read and understood and are bound by these terms of use as set out each time you access this website.

We may change the content of this website and these terms of use at any time without notice and it is your responsibility to revisit this page to re-read these terms of use. Any revised terms will take effect as at the date of its posting on this website, and your continued use of this website indicates your acceptance of these terms.

All material contained in this website is protected by intellectual property rights. All intellectual property on this website is owned by Takacat.

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. You may not use this website, or the content on it, for any other purpose or in any other way.

Takacat 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 directly.

Takacat 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 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 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 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 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.

Takacat New Zealand Competitions & Giveaways Terms & Conditions

Eligibility: This competition or giveaway is open only to individuals who are legal residents of New Zealand and are 18 years of age or older. Employees of Takacat New Zealand, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate.

Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Takacat New Zealand as final and binding as it relates to the content of this competition or giveaway.

Giveaway Period: Entries will be accepted online or at specified events during the duration of the competition or giveaway. Specific start and end dates for each competition or giveaway will be outlined in the individual promotion materials. All entries must be received by the specified deadline.

How to Enter: The primary method of entry for competitions or giveaways will be provided in the event details. This may include scanning a QR code at Takacat New Zealand booths at trade shows or events, or online via a form linked on the official Takacat New Zealand website or social media channels. Entries must fulfill all requirements as specified to be eligible to win a prize. Incomplete entries or those not adhering to the rules or specifications may be disqualified at the sole discretion of Takacat New Zealand. You may enter only once unless otherwise specified, and you must provide the requested information.

Prize: The Winner(s) of the competition or giveaway (the “Winner”) will receive the prize outlined in the specific competition or giveaway materials. Prizes are non-transferable, and no cash or other prize substitution will be permitted except at Takacat New Zealand's discretion. Any and all prize-related expenses, including but not limited to taxes, will be the sole responsibility of the Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent is permitted.

Responsibility for Safe Use: Winners must use the prize in the manner intended and observe all safety measures related to its use. Takacat New Zealand is not responsible for any injury, loss, or damage resulting from improper or unsafe use of the prize.

Rights to Promotional Content: Takacat New Zealand reserves the right to use any promotional content related to the competition or giveaway and the winners, including images and videos, across its social media platforms, website, and other promotional materials without further compensation or notification.

Odds: The odds of winning depend on the number of eligible entries received for the specific competition or giveaway.

Winner Selection and Notification: The Winner will be selected by a random drawing or another method as outlined in the event's specific terms, under the supervision of Takacat New Zealand. The Winner will be notified by email or phone within five (5) days following the selection. Takacat New Zealand shall have no liability for the Winner’s failure to receive notices due to spam, junk email, or other security settings, or for incorrect or non-functioning contact information. If the Winner cannot be contacted, is ineligible, fails to claim the prize within 10 days from the time the award notification was sent, or fails to timely return a completed and executed declaration and release, the prize may be forfeited and an alternate Winner selected.

Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the Takacat New Zealand website.

Limitation of Liability: By entering, You agree to release and hold harmless Takacat New Zealand and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) your participation in the competition or giveaway and/or your acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) failure to comply with safety guidelines and instructions for use of the prize; (iii) improper or unsafe use of the prize; (iv) any injury or damage resulting from use of the prize.

Disputes: THIS COMPETITION OR GIVEAWAY IS GOVERNED BY THE LAWS OF NEW ZEALAND AND REGULATED BY THE COMMERCE COMMISSION. All promotions comply with guidelines to ensure transparency and fairness. We do not mislead consumers about the prizes offered, the conditions of entry, or the chances of winning. As a condition of participating, participants agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this competition or giveaway, shall be resolved individually, without resort to any form of class action. Disputes will be addressed by an appropriate authority in New Zealand having jurisdiction to ensure fairness and compliance with applicable laws.

Sponsor: The Sponsor of the competition or giveaway is Takacat New Zealand.

Third-Party Platforms: This competition or giveaway is in no way sponsored, endorsed, administered by, or associated with any trade shows, events, or platforms used to promote the competition or giveaway, including but not limited to Meta Platforms or any other company or platform. This promotion is conducted in compliance with the policies and procedures of such platforms.