Policies

Terms of Service

These Terms of Service (“Terms”) govern the relationship between Army Bay Engineering Limited (“the Company”) and its customers (“the Purchaser”) in connection with the purchase, ownership, and use of custom-built off-road miniature motorcycles (“the Products”). By purchasing and using the Products, the Purchaser agrees to be bound by these Terms.

1. Compliance with Local Laws

1.1 The Purchaser acknowledges that it is their sole responsibility to ensure the Products comply with all applicable federal, state, and local laws, regulations, and requirements in the jurisdiction in which they are used.

1.2 The Company provides no guarantees or representations regarding the legality of operating the Products in New Zealand, Australia, the United States, or any other country.

2. Intended Use

2.1 The Products are designed exclusively for off-road use on private property or designated off-road areas. They are intended only for use on smooth surfaces. Due to the hard-tail nature of Hustler Minibikes, they are explicitly not designed for jumping or extended use on rough terrain at speeds above 15kph.

2.2 The Purchaser agrees not to operate the Products on public roads, highways, or any other prohibited areas. Any use of the Products contrary to this intended purpose is at the Purchaser’s sole risk.

3. Assumption of Risk and Mandatory Use of Protective Safety Gear

3.1 Operating off-road motorcycles involves inherent risks, including but not limited to injury, property damage, or death. By purchasing and using the Products, the Purchaser assumes all risks associated with their operation, including those arising from improper use, lack of training, or failure to use appropriate safety gear.

3.2 The Company strongly emphasizes that operating the Products without adequate safety gear significantly increases the risk of serious personal injury or death.

3.3 The Purchaser agrees to always wear proper protective safety gear, including but not limited to:

  • Helmet: Approved motorcycle helmets to protect against head injuries.
  • Boots: Sturdy, reinforced boots to protect feet and ankles.
  • Jacket: Durable motorcycle jackets with padding or armour for upper body protection.
  • Long Pants: Thick, protective pants designed for off-road riding to prevent abrasions and injuries.
  • Gloves: Proper motorcycle gloves to protect hands and improve grip.
  • Eye Goggles: Shatterproof goggles or other eye protection to shield against debris, wind, and dust.

3.4 Failure to wear proper safety gear increases the risk of injury and voids any liability the Company may otherwise have had. The Purchaser assumes all risks associated with operating the Products without adequate safety precautions.

4. Ordering and Delivery Obligations

4.1 Quotation: All custom motorcycles are quoted in full, including shipping costs to the recipient’s specified home address.

4.2 Deposit: A 50% non-refundable deposit is required before the commencement of work on the custom motorcycle. This deposit secures materials, labour, and production scheduling.

4.3 Lead Time: The typical lead time for custom builds is 6 weeks, but this timeframe may be extended due to delays in parts or material availability.

4.4 Balance Payment: The remaining balance is due upon completion of the custom motorcycle and must be paid in full prior to shipping.

4.5 Shipping Responsibility: The Company takes responsibility for the Product while it is in transit to the recipient.

4.6 Duties and Taxes: The Purchaser is solely responsible for all applicable shipping-related costs, duties, customs fees, and taxes that may arise upon delivery in the Purchaser’s jurisdiction.

5. Limited Warranty

5.1 The Company ensures that all Products are inspected and tested for quality and functionality before shipment.

5.2 Upon receipt, the Purchaser is responsible for inspecting the Product for any visible damage or defects. Any issues must be reported to the Company within 7 days of delivery to be eligible for repair or replacement, subject to the Company’s discretion.

5.3 The Company provides no guarantees regarding the long-term performance or durability of the Products under all conditions, particularly when used improperly or in ways inconsistent with the intended purpose.

5.4 This limited warranty does not cover:

  • Damage caused by misuse, accidents, or unauthorized modifications.
  • Wear and tear from normal use.
  • Failure to follow safety guidelines or maintenance instructions.

5.5 The Purchaser acknowledges that the Products are provided "as-is" beyond the initial inspection period and agrees to assume all risks associated with their long-term operation.

6. Limitation of Liability

6.1 To the maximum extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to the purchase, use, or inability to use the Products.

6.2 This includes but is not limited to claims for personal injury, property damage, or economic loss.

7. Indemnification

7.1 The Purchaser agrees to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, and affiliates from and against any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorney's fees) arising out of or related to:

  • The Purchaser's use or misuse of the Products.
  • Any violation of applicable laws, regulations, or third-party rights.
  • Any modifications, alterations, or unauthorized repairs made to the Products.

8. Jurisdiction and Governing Law

8.1 These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to conflict-of-law principles.

8.2 The Purchaser agrees that any disputes, claims, or controversies arising out of or relating to these Terms or the Products shall be resolved exclusively in the courts of New Zealand.

8.3 The Purchaser further agrees that they will not bring or participate in any legal action against the Company in any jurisdiction outside of New Zealand, and any such attempt will be deemed a breach of these Terms.

9. Severability

9.1 If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

Acknowledgment

By purchasing and/or using the Products, the Purchaser acknowledges that they have read, understood, and agreed to these Terms, and that they will operate the Products responsibly and with appropriate safety gear at all times.

 

 

Privacy Policy for Army Bay Engineering Limited

Effective Date: 20/01/2025

Army Bay Engineering Limited (referred to as "we," "us," or "our") is committed to protecting your privacy. This Privacy Policy outlines how we collect, use, store, and protect your personal information in compliance with applicable New Zealand privacy laws.

1. Information We Collect

We may collect the following information when you interact with us:

  • Personal Information: Name, email address, phone number, and any other details you provide through our website contact form or social media platforms.
  • Enquiry Details: Information related to your specific minibike requirements or any questions you ask us.

2. How We Collect Information

  • Website Contact Form: When you submit an enquiry through our website.
  • Social Media: When you engage with us via social media platforms (e.g., by sending messages or commenting on posts).

3. Use of Information

We use the information you provide to:

  • Respond to your enquiries and process requests.
  • Improve our services and product offerings.
  • Communicate updates, offers, or other relevant information (with your consent).

4. Storage and Security of Information

  • All personal information is stored on secure cloud servers with two-step verification.
  • We take reasonable measures to protect your information from unauthorized access, loss, or misuse.
  • Access to your information is restricted to authorized personnel only.

5. Sharing of Information

  • No Third-Party Sharing: We do not share, sell, or distribute your personal information to any third party for any reason.
  • Social Media Consent: With your explicit approval, we may tag you or publish your name in social media posts (e.g., to showcase your custom-built minibike). Otherwise, all enquiries and interactions remain confidential.

6. Your Rights

You have the right to:

  • Access the personal information we hold about you.
  • Request corrections to your information if it is inaccurate or incomplete.
  • Withdraw your consent for social media tagging or publication at any time.

To exercise these rights, please contact us using the details provided below.

7. Retention of Information

We will retain your personal information only for as long as it is necessary to:

  • Fulfil the purposes outlined in this policy.
  • Comply with legal and regulatory obligations.

8. Contact Us

If you have any questions about this Privacy Policy or wish to make a request regarding your personal information, please contact us at:

Army Bay Engineering Limited
Email: armybayengineering@gmail.com
Phone: +64211548730 use WhatsApp if calling from overseas

9. Updates to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. Any updates will be posted on our website, and the "Effective Date" at the top will be revised.

By interacting with us, you acknowledge that you have read and understood this Privacy Policy.