WattsCraft Terms of Sale
Products sold by WattsCraft Limited (WattsCraft), especially kit-sets, are designed and tested in order to make them perform well and be as safe as possible for you the customer (you) to enjoy.
Kit-Sets offer the keen DIY boat-builders out there an option to build their own boat from a proven design. However, WattsCraft takes safety and intellectual property seriously and hopes you will too by reading and understanding these terms of sale (Terms) before purchasing a kit-set.
Kit-Set Terms of Sale
1. WattsCraft kit-sets (Kit-Sets) are sold on the these Terms. Your acceptance of WattsCraft’s quote to supply a Kit-Set constitutes acceptance of these Terms.
2. Each Kit-Set includes the physical kit-set materials, together with the design, instructions, data and drawings for the boat (Documentation), which are sent to you for the purpose of building a boat.
Kit-sets are for one boat only
3. Each Kit-Set is for the construction of ONE boat only. You must not use the Documentation to build another boat. Should you wish to build more than one boat, additional Kit-Sets can be purchased.
Payment for Kit-Set
4. You must pay the full purchase price of the Kit-Set when placing an order, together with any applicable charges (including GST or other value-added tax, bank fees, and other transaction fees).
Delivery and Inspection
5. You must inspect the Kit-Set as soon as it is delivered to you and must notify us immediately of any defect in or damage to any component of the Kit-Set and provide WattsCraft with evidence of the defect or damage.
6. If WattsCraft is responsible for the defect or damage, it will arrange the repair or replacement of the defective or damaged component of the Kit-Set.
7. WattsCraft owns the Documentation and the copyright and all other intellectual property in the Documentation. You must therefore not copy or allow anyone else to copy the Documentation.
8. The Documentation is also confidential. Subject only to clause 11, you must not disclose the Documentation to anyone else and must take all precautions to keep the Documentation confidential, safe and secure.
9. The Documentation is supplied to you to assist in the construction of the boat from the Kit-Set. You must not sell or otherwise dispose of the Documentation. Once the Kit-Set is finished, the Documentation must be deleted or destroyed.
10. WattsCraft will not be liable for any loss or damage suffered by anyone as a result of any modification of the Kit-Set made by anyone other than WattsCraft.
If You Engage a Builder
11. You must tell WattsCraft if you wish to engage someone else (your Builder) to build a boat using the Kit-Set and provide WattsCraft with your Builder’s details.
12. You are responsible for your Builder’s compliance with these Terms and will be liable for any loss or damage WattsCraft suffers as a result of your Builder’s breach of these Terms.
Limitation of liability
13. In no circumstances will WattsCraft be liable for any loss of profits or any indirect or consequential loss or damage arising in connection with your purchase of a Kit-Set or the construction or use of the boat built from the Kit-Set.
14. WattsCraft’s liability for all claims for direct loss or damages incurred as a result of the use of the Kit-set to build a boat will not exceed the lower of (1) the cost of repairing or replacing a defective component of the Kit-Set or (2) the price paid by you for the Kit-Set.
15. Subject only to clause 6, WattsCraft accepts no liability for damage or loss suffered by you once the Kit-Set is delivered to you.
16. You indemnify WattsCraft against any third-party claim, action or demand for loss or damage arising from your use of the Kit-Set or the boat constructed from the Kit-Set.
Advertising and sale
17. If you sell your boat you must make it clear to your purchaser that the boat has been built from a Kit-Set and clearly state who built the boat. Under no circumstance should the buyer be under the impression the boat is built by WattsCraft.
Builder of the boat is to be the first thing mentioned in an advertisement title e.g “[Joe Bloggs] built WattsCraft 4.6m jet boat” or similar.
Further explanation in the advertisement body should read “built from a WattsCraft hull kit-set by [Joe Bloggs]” or similar.
You will be liable for any loss or damage WattsCraft suffers as a result of your failure to do so
Jurisdiction and Governing Law
18. New Zealand law governs these Terms and you submit to the jurisdiction of the Courts of New Zealand.