ZURF Sales Terms & Conditions

In placing an order with ZORB Limited., ( "ZORB") for ZORB's products or services ("Products") the purchaser ( "the Buyer") agrees to these Terms and Conditions of Sale ("Terms"). Additional or different terms in the Buyer's purchase order or any other verbal or written requested by the Buyer to vary, modify or add to these terms and conditions of sale, whether by prior, contemporaneous or future communication will only be valid if accepted by ZORB by inclusion in ZORB's Sales Order Confirmation.

Definition of Terms

The following words and expressions shall have meanings assigned to them except where the context otherwise requires:

"Service", means the products and services which we have agreed to provide you with, to be used as per our conditions of operation for the activities as defined in our offer of service and any Service is always included by reference in the term Products;

"ZORB ", "us", "we" and "our" means ZORB Limited;

"Buyer " and "You" and "Your" means the party or parties who enters into this agreement with ZORB ;

Use

The ZURF is designed for use on flat ground or sheltered bodies of water.

The ZURF is not to be used for rolling down hills, rapids, or in high-wind areas.

Use of the ZURF on bodies of water should have all applicable safety precautions in place, including but not limited to: Life Vest/Jackets; a Safety Rope; Lifeguard or adult supervisor; a safety boat or water craft; a sheltered area (out of the wind).

Restrictions

The ZURF is suitable for children (under adult supervision) over the age of 6years old. No more than four children should ride in the ZURF at any one time.

A maximum of three adults can ride in the ZURF at any one time. The combined weight should not exceed 250kgs (550lbs).

The maximum weight for a single adult should not exceed 130kgs (220lbs).

Intellectual Property

All intellectual property, including but not limited to: the design, layout, and name (ZURF) shall remain property of ZORB .

In purchasing the product from ZORB , you obtain the rights to use the name “ZURF” in advertising and promoting the product.

You do not have the right to other intellectual property owned by ZORB or any of its subsidiaries.

Fees & Terms of Payment

Online Z-Shop Orders:
When purchasing directly online from the Z-Shop please refer to the Z-Shop Terms & Conditions within the Z-Shop Support Center.

For Custom and Bulk Orders:
ZORB's, prices and terms of payment will be fixed in ZORB's Sales Order Confirmation. Please note partial shipments of Products made at the Buyer's request may incur further freight, customs, handling and other expenses.

Prices are in United States dollars (USD) payable by international wire transfer to the bank account nominated by ZORB on its Sales Order Confirmation.

An acceptable alternative form of payment is by credit card. If you wish to pay be credit card please advise ZORB. ZORB reserves the right to refuse credit card payment. Any payment made by credit card will only be recognised by ZORB as completion of the sale for shipping purposes when the credit card transaction is unconditional and the funds have been received by ZORB. No write backs or other claims against the card may be made or are valid and all warranty or other claims must be made by following the ZORB Product Performance report claim process.

All fee's are payable in the following format:

A deposit of 50% of the total amount payable to ZORB as set out in its Sales Order Confirmation

The balance (50%) of the total amount payable to ZORB one week prior to shipment ex-factory of the order.

Taxes and Duties

ZORB will ship all orders DDU (Delivery Duty Unpaid) to Buyers specified destination. All Taxes and Duties owing on any shipment are the responsibility of the Buyer.

Title and Delivery

ZORB will ship all orders DDU via Air-freight or Sea-Freight as specified by the Buyer.

It is the Buyers responsibility to clear the order at the destination port.

You are also responsible for organising insurance (if shipping by sea). All freight terms are defined as per the ICC Incoterms 2000. (http://www.iccwbo.org/incoterms/ and see also http://www.biz.org.nz/public/content.aspx?sectionid=42&contentid=21 )

ZORB makes no representations as to specific risks. The products are packed in a bag that can be punctured and can be effected by climatic issues such as heat damage. You should rely on your specifying the freight conditions and standard marine insurance as being adequate to cover all known usual risks.

Validity of the agreement

On any order cancelled by you for which a deposit has been paid will refund 50% of the deposit provided the Products are not branded for you. If the Products are branded and cannot be re-sold you remain liable to perform the payment terms of the contract regardless of whether you still wish to receive the Products.

ZORB reserves the right to cease production immediately without liability to provide the Products if you should go into liquidation or bankruptcy or administration or otherwise materially breach the terms of this contract. You will remain liable to perform the payment terms.

Special and Custom Orders

Products assembled or modified at Buyer's request are considered Special Orders or Custom Orders. No Special or Custom Orders may be returned.

Warranty

Our warranty is for 90 days ex our factory. You should immediately on receipt of the product unpack, inflate it, check it for damage and photograph the product. Failure to carry out this step invalidates the warranty period from delivery.

While ZORB makes pre-delivery checks and photographs the inflated product prior to shipment, in the unlikely event that you consider there is a manufacturing defect, your sole and exclusive remedies are limited to shipment of a replacement.

Any claim relating to manufacturing defects must be made within 14 days of receipt on the goods by you and should be made by directly contacting us and providing photographic evidence of the manufacturing defect and completing ZORB's Product Performance Report. If the claim is determined as shipping damage you must claim on your marine insurance. If you do not insure the risk is solely yours.

The sole remedy for manufacturing defects that become obvious after delivery and delivery checks is for product assembly failure. No claims will be accepted for failure of the fabrics used to construct the products including the PVC, ripstop, strings or handles. Our manufacturing warranty covers the elements of assembly only including glued, stitched or welded seams on all components, and welded anchors.

Our products are plastic devices used in outdoor conditions and can be expected to tear, puncture, rip and require maintenance, good storage handling and repair from the outset. No warranty can be given as to expected use.

Shipment is scheduled for delivery DDU around the dates set out in the official ZL Sales Order Confirmation which will be sent to you by email.

No claims will be accepted for delays in delivery and delivery dates are always indicative only.

Liabilities

Subject to the foregoing the following provisions shall apply to all contracts between ZORB and the Buyer:

(a) ZORB cannot be held responsible or be liable under any circumstances for any injury suffered during the use of the ZURF. You agree that you will be fully responsible for all people using the ZURF and obtain and hold current a ISO CGL policy with a AA rated insurer.

(b) You agree we will not be liable under any circumstances for any or all special, indirect or consequential damages or injuries (including without limitation loss of profits) that result from a breach or a failure or any act or omission on our part.

(c) We will not be liable for any third party claims and/or third party costs, losses, expenses and/or damages whether brought against ZORB or you and which relate to your operations. Further you will agree to fully indemnify ZORB, its employees, owners and directors, against all such third party claims, costs, losses, expenses and/or damages including all reasonable legal costs of and incidental to ZORB and/or its owners, employees and directors defending themselves

Force Majeure

Neither party to this agreement shall be responsible for failure to fulfill its commitments in this agreement if such failure is due to any circumstances outside its reasonable control. Such circumstances comprise, but are not confined to, acts of God, war, labour disputes, unavailability of parts, equipment failure, Acts of Government, riots and sabotage.

Governing law

This agreement shall be deemed to be an agreement made in New Zealand and shall be subject to, governed by and interpreted in accordance with the laws of New Zealand.

Disputes

If a dispute arises between the Buyer and ZORB relating to the provision of the services they must in good faith try to resolve the dispute. This may include the utilisation of a mediator. If the dispute is not resolved within 20 working days after the day on which one of them gives written notice to the other the dispute must be referred to arbitration under the New Zealand Arbitration Act. If they can not agree on an arbitrator or if one party does not co-operate either party can ask the then current chairman of the New Zealand Law Society to appoint the arbitrator.

The paragraph headings herein are used for convenience only and are in no way intended to alter or affect the meaning of the terms and conditions contained herein.