✕
TERMS AND CONDITIONS
These Terms and Conditions (Terms) govern the payment of a Reservation Fee by a Customer to reserve a watercraft from Tydra (ABN 73 670 934 013) (Company, we, us or our). By submitting this Order and paying the Reservation Fee, the Customer (you or your) confirms that they have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, please do not submit this Order, and speak to a member of the Tydra team instead.
This summary does not replace the full Terms below, which also preserve your rights under the Australian Consumer Law.
In these Terms, unless the context requires otherwise:
Balance means the total amount payable for the Watercraft under the Order, being the Total Purchase Price plus any Delivery Fee, less the Reservation Fee and any Production Payment already paid, due in accordance with clause 3.
Build Confirmation means the Customer's formal confirmation (including by email or electronic acceptance) of the final Total Purchase Price, configuration and Estimated Delivery Date for their Watercraft, given after Company issues those details under clause 3.1.
Business Day means a day that is not a Saturday, Sunday or public holiday in Victoria, Australia.
Company (also we, us, our) means Tydra (ABN 73 670 934 013), the seller of the Watercraft under these Terms.
Customer (also you, your) means the individual or entity named on the Order who pays the Reservation Fee.
Delivery means the date on which the completed Watercraft is made available for collection by, or delivered to, the Customer in accordance with clause 4.
Delivery Fee means the delivery, freight, commissioning and regional compliance costs described in clause 3.3, which are additional to the Total Purchase Price.
Estimated Delivery Date means the indicative delivery window notified to the Customer at the time of Order, as may be updated under clause 4.
Limited Warranty means Company's warranty document for the Watercraft, provided to the Customer at or before Delivery, as described in clause 6.2.
Manufacturer means Company, in its capacity as builder of the Watercraft.
Manufacturing Completion means completion of manufacture of the Customer's Watercraft, as notified to the Customer under clause 4.2(b).
Order means the Customer's order for a Tydra in a specific configuration as recorded in the Order Confirmation.
Order Confirmation means the written confirmation (including by email) issued by Company to the Customer setting out the Watercraft configuration, Total Purchase Price, Reservation Fee amount and Reservation queue position.
Pre-Launch means the period during which the Tydra has not yet entered full-scale commercial production and general retail availability, and units are manufactured to order following a Reservation.
Production Commencement means the date on which the Manufacturer begins manufacture of the Customer's specific Watercraft unit, as notified to the Customer under clause 4.
Production Payment means the interim payment of 10% of the Total Purchase Price payable by the Customer to confirm acceptance of Production Commencement, as described in clause 3.
Reservation means the Customer's place in Company's reservation queue for a Watercraft, established on payment of the Reservation Fee.
Reservation Fee means the amount of $99 AUD (inclusive of GST) paid by the Customer to Company to secure a Reservation, as described in clause 2.
Total Purchase Price means the total price payable for the Watercraft, inclusive of GST, as set out in the Order Confirmation, as finally confirmed by Company under clause 3.1 and accepted by the Customer by Build Confirmation, exclusive of any Delivery Fee unless stated otherwise.
Watercraft means the Tydra watercraft, together with any nominated options and accessories, as described in the Order Confirmation.
2.1 Reservation Fee amount. To reserve a Tydra, the Customer must pay a Reservation Fee of $99 AUD (inclusive of GST) to Company.
2.2 Payment method. The Reservation Fee is payable by credit or debit card, processed via Company's nominated payment provider.
2.3 Purpose of the Reservation Fee. Payment of the Reservation Fee secures the Customer's Reservation and queue position for a Tydra. Reservations are generally allocated a production and delivery sequence in the order that Reservation Fees are received, though Company may reasonably vary that sequence to account for configuration, options, regional allocation or production logistics. Company will notify the Customer in writing if their queue position changes materially.
2.4 Reservation Fee applied to price. The Reservation Fee is credited in full against the Total Purchase Price. It is not an additional or separate charge.
2.5 No interest. Company is not required to pay interest on the Reservation Fee, however it is held.
2.6 One Watercraft per Reservation. Each Reservation Fee secures one Reservation for one Watercraft. A Customer wishing to reserve more than one Watercraft must pay a separate Reservation Fee for each.
2.7 Refundability of the Reservation Fee.
(a) The Reservation Fee is fully refundable at the Customer's request at any time before the Customer gives Build Confirmation, for any reason. To request a refund, the Customer must give written notice to info@tydra.com. Company will refund the Reservation Fee in full to the original payment method within 10 Business Days of receiving the request.
(b) Once the Customer has given Build Confirmation, the Reservation Fee is no longer refundable under this clause. Clause 5.2 sets out what happens if the Customer cancels after Build Confirmation.
3.1 Total Purchase Price. The price advised at the time of reservation is an estimated pre-launch price only. Pricing shared during the Pre-Launch phase is estimated based on anticipated production costs and may be subject to adjustment before Build Confirmation as described in clause 3.2. The final Total Purchase Price, configuration and Estimated Delivery Date will be confirmed by Company in writing, and the Customer will then be asked to give Build Confirmation. Company will not begin manufacture of the Customer's Watercraft until the Customer has given Build Confirmation. If the Customer does not give Build Confirmation or cancel the Order within 20 Business Days of receiving the final details, Company will send the Customer a written reminder. If the Customer has still not given Build Confirmation or cancelled within a further 10 Business Days of that reminder, Company may, by written notice, move the Customer's Reservation to the end of the reservation queue. The Customer's Reservation, and their right to a full refund of the Reservation Fee under clause 2.7(a), otherwise continue unchanged.
3.2 Price variation. Company will use reasonable endeavours to maintain the Total Purchase Price shared during the Pre-Launch phase. However, because the Watercraft is a Pre-Launch product, Company reserves the right to adjust the Total Purchase Price before Build Confirmation, and only to reflect verifiable increases in the cost of components, materials, freight, currency exchange or regulatory compliance beyond Company's reasonable control. Company will notify the Customer in writing of the final Total Purchase Price prior to Build Confirmation, and the Customer may elect to accept the price by giving Build Confirmation, or cancel the Order under clause 5.1 for a full refund of the Reservation Fee.
3.3 Delivery and shipping fees. Delivery, freight, commissioning and any regional compliance costs (Delivery Fee) are additional to the Total Purchase Price and will be confirmed in writing based on the Customer's nominated delivery location.
3.4 Other taxes and charges. The Customer is responsible for any government charges not included in the Total Purchase Price, including stamp duty, vessel registration, survey, insurance and any state or territory marine registration fees applicable at the Customer's place of registration.
3.5 Payment milestones. The Total Purchase Price is payable in the following stages:
(a) the Reservation Fee of $99, paid at the time of Order to secure the Reservation;
(b) the Production Payment of 10% of the Total Purchase Price, invoiced at time of Production Commencement and payable within 5 Business Days of invoice; and
(c) the Balance, being the remainder of the Total Purchase Price plus any Delivery Fee, invoiced on completion of manufacture (Manufacturing Completion) and payable in full prior to shipping, delivery or collection.
3.6 Release of Watercraft. Company is not obliged to ship, deliver or release the Watercraft until the Balance and all other amounts due under the Order have been paid in full.
3.7 Late payment. If the Customer fails to pay the Production Payment or Balance by its due date, Company may, on 5 Business Days' prior written notice, suspend production, apply reasonable storage fees once the Watercraft is complete, or treat the Order as cancelled by the Customer under clause 5.2.
4.1 Estimates only. The Estimated Delivery Date, and any production milestones notified to the Customer, are genuine estimates made in good faith and do not constitute a guaranteed or contractual delivery date. As a Pre-Launch product, the Tydra's design, certification and production process may evolve, and timelines may be affected by matters outside Company's reasonable control, including component supply, shipping and port delays, regulatory or safety certification, and manufacturing capacity.
4.2 Communication protocol. Company will:
(a) notify the Customer in writing of Production Commencement for their Watercraft;
(b) notify the Customer in writing of Manufacturing Completion and the anticipated Delivery window;
(c) notify the Customer in writing within 10 Business Days of Company becoming aware of any material manufacturing or delivery delays, including the reason for the delay and a revised estimated timeframe.
4.3 Delivery arrangements. Delivery arrangements, whether by collection, freight to a nominated address, or dealer handover, will be confirmed in writing before Manufacturing Completion.
5.1 Cancellation by the Customer before Build Confirmation. The Customer may cancel the Order, for any reason, at any time before the Customer gives Build Confirmation, by written notice to info@tydra.com. Company will refund the Reservation Fee in full, in accordance with clause 2.7(a).
5.2 Cancellation by the Customer after Build Confirmation. If the Customer cancels the Order after Build Confirmation, the Company may retain the Reservation Fee to the extent permitted by law as a reasonable termination charge. If the Customer has also paid the Production Payment or any part of the Balance, Company will refund those amounts less:
(a) the value of work performed and materials, components or manufacturing capacity committed by the Manufacturer specifically for the Customer's Watercraft as at the date of cancellation; and
(b) any other reasonable costs directly incurred by Company as a result of the cancellation,
each calculated as a genuine and reasonable pre-estimate of Company's loss, and itemised in writing to the Customer on request. Company will not withhold or claim an amount greater than the amounts actually paid by the Customer under the Order.
5.3 Cancellation by Company. Company may cancel an Order at any time before Delivery by written notice to the Customer, including where the Tydra's configuration is discontinued, Company or the Manufacturer is unable to obtain a required regulatory or safety approval, or a critical component cannot be sourced on commercially reasonable terms. If Company cancels an Order under this clause, Company will refund all amounts paid by the Customer under the Order, including the Reservation Fee, any Production Payment and any part of the Balance, in full within 10 Business Days. The Customer will have no further claim against Company arising from the cancellation, other than as set out in clauses 5.5 and 6.4.
5.4 Refund method. All refunds under this clause 5 will be made to the payment method originally used by the Customer, or to another method agreed in writing.
5.5 Statutory rights preserved. Nothing in this clause limits any right the Customer has under the Australian Consumer Law or other applicable law that cannot be excluded.
6.1 Before Delivery. Before Delivery, this document is a reservation agreement. Subject to clause 6.4, Company's total liability arising from or in connection with the Reservation, the Reservation Fee, the Order or these Terms, however arising, is limited to a refund of the amounts paid by the Customer calculated in accordance with clause 5.
6.2 Limited Warranty from Delivery. On and from Delivery, the Watercraft is covered by Company's Limited Warranty, which will be provided to the Customer at or before Delivery. The Limited Warranty covers defects in materials and workmanship for the period, and subject to the exclusions, conditions and claims process, set out in that document, and forms a separate agreement between Company and the Customer from the date of Delivery. To the extent of any inconsistency between these Terms and the Limited Warranty as to matters arising after Delivery, the Limited Warranty prevails, but nothing in the Limited Warranty limits clause 6.4.
6.3 Exclusions. To the maximum extent permitted by law, and subject to clause 6.4, Company excludes all liability for indirect, special or consequential loss, loss of profits, loss of use or loss of enjoyment, arising from or in connection with the Reservation, the Order or these Terms.
6.4 Consumer guarantees not excluded. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy conferred on the Customer under the Australian Consumer Law, including the consumer guarantees in Part 3-2 of Schedule 2 to the Competition and Consumer Act 2010 (Cth), or any other law that cannot lawfully be excluded, restricted or modified.
6.5 Pre-Launch representations. Renders, specifications, performance figures and imagery provided during the Pre-Launch phase are indicative only and may change during design finalisation and certification, as described in clause 7.
7.1 As a Pre-Launch product, the Tydra's specification may be refined during design finalisation, engineering and certification.
7.2 Company may make changes to specification, equipment, colour or finish that do not materially reduce the value, performance or safety of the Watercraft, without the Customer's consent.
7.3 If Company proposes a change that materially affects the Watercraft's core specification, performance, capacity or safety features as described in the Order Confirmation, Company will notify the Customer in writing. The Customer may accept the change, or cancel the Order for a full refund under clause 5.1 (if before Build Confirmation). If the change is proposed after Build Confirmation, the Customer may instead cancel the Order by written notice, in which case Company will refund all amounts paid by the Customer under the Order in full, as if Company had cancelled the Order under clause 5.3.
8.1 Company is not liable for any delay or failure to perform its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including natural disaster, extreme weather, war, industrial action, pandemic, government action, shipping or logistics disruption, or shortage of raw materials, components or battery cells.
8.2 Where a force majeure event causes a material delay, the Customer's rights under clause 5 continue to apply.
9.1 Company collects and handles personal information provided by the Customer in accordance with the Privacy Act 1988 (Cth).
9.2 Payment information is processed by Company's third party payment provider and is not stored by Company beyond what is required for accounting and refund purposes.
10.1 If a dispute arises under these Terms, the parties will first attempt to resolve it in good faith through direct negotiation between the Customer and Company within 10 Business Days of written notice of the dispute.
10.2 If the dispute is not resolved, either party may seek assistance from Consumer Affairs Victoria (or the equivalent agency in the Customer's state or territory), refer the matter to the Victorian Civil and Administrative Tribunal (VCAT) (or the equivalent tribunal in the Customer's state or territory), or pursue any other right or remedy available at law, without limiting either party's right to seek urgent interlocutory relief from a court at any time.
11.1 These Terms are governed by the laws of Victoria, Australia.
11.2 The parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia, and any courts entitled to hear appeals from those courts.
12.1 Entire agreement. These Terms, together with the Order Confirmation and, from Delivery, the Limited Warranty, constitute the entire agreement between the parties regarding the Reservation, the Reservation Fee and the Order, and supersede all prior discussions, representations or agreements on that subject. Nothing in this clause limits clause 6.4.
12.2 Variation. Company may update these Terms from time to time for future Orders. The version accepted by the Customer at the time of their Order continues to apply to that Order, unless a variation is required to comply with law or is otherwise agreed with the Customer in writing.
12.3 Assignment. The Customer may not assign or transfer the Reservation or Order without Company's prior written consent, which will not be unreasonably withheld.
12.4 Severability. If any provision of these Terms is found to be void, illegal or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.
12.5 Notices. Notices under these Terms must be given in writing by email to the address recorded in the Order Confirmation, and are taken to be received on the next Business Day after sending.
12.6 No waiver. A failure by Company to enforce any provision of these Terms is not a waiver of that provision or any other provision.
By checking “I have read and agree to the Terms and Conditions” and submitting this Order on the order form, you confirm that you have had the opportunity to read these Terms in full and that you agree to be bound by them, together with your Order Confirmation. Your submission, together with the timestamp and details recorded by the order form, is treated as your acceptance of these Terms in place of a handwritten signature.
