PURCHASE AGREEMENT and TERMS & CONDITIONS

X Craft Motors Inc.

Last Updated on 2024-12-05 and effective to 2025-06-22.

his Purchase Agreement (the “Agreement”) is made between the customers (the “Customer”) and X Craft Motors Inc. (“X Craft”, the “Seller”) for the purchase of electric watercraft, including electric jet skis, electric pontoon boats, and e-foil surfboards and other X Craft’s products (the “Vehicles”).

1. PURCHASE OF VEHICLES

• 1.1 Customer commits to purchasing Vehicles by completing and submitting an Order Form along with a deposit of at least 30% of the total purchase price. This deposit is required at the time of submitting the Purchase Order (PO) and secures the Customer’s place in the production queue.
  
  
• 1.2 The remaining balance shall be paid in full before shipment unless otherwise agreed in writing. Accepted payment methods include wire transfer, credit card, or approved financing arrangements. Production and delivery timelines will be communicated upon order confirmation.
  
  
• 1.3 If the Customer cancels an order before shipment, a refund may be issued, subject to a cancellation fee of the amount of the initial deposit. Refunds for shipped Vehicles will only be processed if the Vehicle is defective upon delivery and a return request is made within ten (10) days.
  
  
• 1.4 The deposit is non-refundable unless X Craft is unable to fulfill the order within the agreed-upon delivery timeline.
  
  
• 1.5 We reserve the right to cancel orders at our sole discretion. You may cancel your order within 3 hours of placing. If 3 hours have passed from when you placed the order, then the order cannot be canceled. Otherwise, please contact us at info@x-craft.ca.
  
  
• 1.6 If your order is canceled before you have been charged, you may see a pending authorization on your card that will ultimately disappear from your account in a few days. You will not be charged for the order. If your order is canceled after you have already been charged for the order, we will refund you the amount you paid for the Vehicles to your original payment method. Shipping upgrade fees, if applicable, will also be separately refunded back to your original payment method. Please allow your financial institution 3-5 business days to fully process the refund.
  
  
• 1.7 If necessary, the deposit may be transferred to a different model or order, subject to approval and within a specified timeframe.
  
  
• 1.8 Due to the custom nature of our products, all sales are final and non-refundable once the order is delivered, and final payment is received. However, we would like to make our customers happy with their purchases, we are always open to discuss to see if there is any optimal way to solve the issues, please contact us at info@x-craft.ca.
  
  

2. DELIVERY & RISK TRANSFER

• 2.1 X Craft will designate the method of shipment and the common carrier.
  
  
• 2.2 Risk of loss transfers to the Customer upon delivery to the Customer’s designated location. X Craft shall maintain transit insurance. If a Vehicle is lost or damaged in transit, X Craft will, at its discretion, provide a replacement or a refund.
  
  
• 2.3 Upon receipt of the Vehicles, the Customer must be ready for receive the Vehicles and inspect them for damages or discrepancies. Any issues must be reported within ten (10) days.
  
  

3. RETURN POLICY

At X Craft Motors Inc., we take pride in delivering high-quality, custom-built products. Due to the specialized nature of our yachts and marine vehicles, we have a strict no-return policy. Please review our terms carefully before making your purchase.

1. 3.1 All Sales Are Final - Once an order is placed and payment is received, it cannot be returned or refunded. Each unit is made to order, incorporating custom specifications requested by the customer.
   
   
2. 3.2 Exceptions for Manufacturing Defects - If your product arrives with a verified manufacturing defect, we will work with you to resolve the issue through repair, replacement of faulty components, or other appropriate solutions under our warranty policy.
   
   
3. 3.3 Claims must be submitted within the warranty period with supporting documentation, including photos and a detailed description of the issue.
   
   
4. 3.4 No Returns for Change of Mind - We do not accept returns due to buyer’s remorse, incorrect selection, or changes in personal circumstances after purchase. Please ensure that all specifications and customizations are correct before finalizing your order.
   
   
5. 3.5 Shipping & Delivery Inspections - Customers are responsible for inspecting the product upon delivery. Any shipping damage must be reported immediately to our team and the carrier to initiate a claim.
   
   
6. 3.6 Customer Support & Warranty Assistance - While returns are not accepted, our team is committed to providing ongoing support and ensuring your product performs as expected. Warranty terms apply as outlined in our warranty policy.
   
   

4. WARRANTY

1. 4.1 X Craft provides a one-year limited warranty covering manufacturing defects in materials and workmanship. The warranty does not cover normal wear and tear, misuse, unauthorized modifications, or damage from accidents.
   
   
2. 4.2 Warranty claims must be submitted in writing, and X Craft reserves the right to inspect and determine whether repairs or replacements are warranted.
   
   
3. 4.3 Customer shall register the Vehicle under X Craft's warranty system in order to successfully claim for the services including in the warranty policies. Any failures or delays on registering the Vehicle may cause the inability of the use of warranty.
   
   
4. 4.4 X CRAFT, THE SELLER MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE), EXCEPT THOSE SET FORTH IN THE SELLER’S CURRENT WARRANTY POLICIES AND PROCEDURES. With regards to the applicable warranty for the Vehicles, Customer is not authorized to (i) make any additional statements or representations varying the extent of the Seller's warranty, (ii) sell extended coverage protection, or (iii) otherwise bind X Craft or Seller beyond the scope of the Seller's applicable warranty.
   
   

5. LIABILITY & INDEMNIFICATION

• 5.1 X Craft's liability is limited to the purchase price of the Vehicle, except in cases of gross negligence or willful misconduct.
  
  
• 5.2 Customer agrees to indemnify and hold harmless X Craft from any claims, damages, or liabilities resulting from misuse or unauthorized modifications of the Vehicles.
  
  

6. COMPLIANCE

• 6.1 X Craft certifies that its Vehicles comply with Canadian and U.S. safety and regulatory standards. Customers intending to operate the Vehicles outside these regions are responsible for ensuring local compliance.
  
  
• 6.2 Customer acknowledges and agrees that this Agreement may be updated periodically. It is the Customer’s responsibility to review the latest version of this Agreement, which will be made available on X Craft’s official website or through direct communication from X Craft.
  
  
• 6.3 Customer acknowledges that use of the Vehicles is a high-risk activity (which can result in injury and in some cases, death), and agree that informing Customer of same is crucial. Customer shall make available to Customers all safety materials supplied by X Craft or the Seller with the Vehicles, including manuals, literature, and videos. Customer shall not make any representations regarding the Vehicles that are inconsistent with safety-related requirements specified by X Craft or the Seller, or the Vehicles’ warnings and instructions for operation and use. Customer shall cause all persons making use of the Vehicle to read and acknowledge all written and on-product safety labels, warnings, and instructions for safe use and operation of the Vehicles. Customer shall inspect on an ongoing basis the Vehicles when in inventory, including all on-product labels and warnings to make sure each label is appropriately placed and in good condition.
  
  
• 6.4 This Agreement begins upon the settlement of the initial deposit on the purchase order submitted by Customer. The Agreement keeps continuous indefinitely unless otherwise is agreed.
  
  

7. Recall Policy and Discontinuance

• 7.1 In the event of a recall, X Craft will, at its discretion, offer a full refund, a free replacement, or a repair at no additional cost to the Customer.
  
  
• 7.2 X Craft shall determine at its discretion whether its Vehicles, Parts or merchandise shall be made available to the public, and may discontinue or modify them accordingly, provided that X Craft shall continue to provide Parts and assistance for servicing discontinued Vehicles for a reasonable time (as determined by X Craft).
  
  

8. INTELLECTUAL PROPERTY

X Craft uses cookies in a range of ways to improve your experience on our website, including:

• 8.1 The Vehicles’ design, technology and software (collectively, the “Technology”) are the sole and exclusive property of the Seller, its affiliates and licensors, and are licensed to Customer pursuant to its purchase of the Vehicles under this Agreement. X Craft hereby expressly reserves all rights under applicable laws in all jurisdictions, including with respect to any doctrine of ‘first sale’ or otherwise. Any software is offered based on a limited, revocable license solely for use as embedded into the Vehicles or as made available by X Craft.
  
  
• 8.2 Customer shall not reverse-engineer, decrypt, extract, disassemble, design-around, circumvent or otherwise investigate (collectively, “Reverse Engineer”) the Technology or its underlying intellectual property. In the event applicable law grants the Customer the right to Reverse Engineer the Technology for a stated purpose, the Customer shall provide X Craft with (i) written notice prior to such Reverse Engineering, (ii) information sufficient regarding the intended method of Reverse Engineering, (iii) its purpose, and (iv) the legal authority for such activity. Customer may engage in Reverse Engineering solely to obtain information necessary to achieve such purpose and only if: (a) Reverse Engineering is strictly necessary to obtain such information: and (b) Customer first requested such information from X Craft, and X Craft failed to make such information available under reasonable terms. Any such Reverse Engineering shall be performed solely in furtherance of the legally authorized purposes. Any information so derived shall remain X Craft’s sole and exclusive property and shall remain confidential.
  
  

9. DISPUTE RESOLUTION

• 9.1 Disputes shall first be resolved through mediation. If mediation fails, arbitration will take place in Vancouver, BC. If the Customer is located outside Canada, arbitration may be conducted in the Customer’s jurisdiction upon mutual agreement.
  
  

10. FORCE MAJEURE

• 10.1 X Craft shall not be liable or responsible to Customer, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other Party hereunder), when and to the extent the failure or delay is caused by or results from acts beyond X Craft’s reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, other potential disaster(s) or catastrophe(s), such as epidemics or pandemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) action by any governmental authority or requirements of law; (e) embargoes or blockades in effect on or after the date of this Agreement; and (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances;(h) global logistic delays and/or shortages of raw material; and (i) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials. X Craft shall give written notice of the Force Majeure Event to Customer within thirty days of the event, stating the period of time the occurrence is expected to continue. X Craft can be using commercially reasonable efforts to end the failure or delay and ensure the effects of the Force Majeure Event are minimized. X Craft shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.
  
  

11. PRICING AND AVAILABILITY AND SALES TAXES, VAT, AND DUTIES

• 11.1 All prices are subject to change without notice at any time. Available inventory is subject to change without notice at any time. As a result, if your order is canceled for any reason prior to your receipt of the order, you may not be able to purchase the same item you originally ordered, and if the same item is available, it may not be available at the same price as your original purchase.
  
  
• 11.2 We will collect sales or use tax (collectively “Sales Tax”) and Value-Added Tax (“VAT”) on purchases of taxable items from buyers located in certain jurisdictions where we have determined that we have a legal obligation to collect taxes for such purchases. In these jurisdictions, we will remit the tax collected from buyers to the appropriate taxing authority. In jurisdictions where we do not collect taxes, applicable tax laws may require buyers to remit or pay taxes to the appropriate taxing authority.
  
  
• 11.3 Sales Tax and VAT will apply based on a buyer’s shipping address, rather than a buyer’s billing address. These taxes will apply to all purchases of taxable items for applicable jurisdictions, even for current offers that are completed at a later time.
  
  
• 11.4 Applicable tax rates may vary by jurisdiction. For Sales Tax purposes, some states may include shipping fees in the calculation of Sales Tax while other states may exclude shipping fees.
  
  

12. CURRENCY

All fees are listed in US dollars, unless otherwise stated. We are not responsible for currency exchange rates, except as described below. If you are an international buyer, you may have the option to buy items in your local currency or US dollars. If you opt to pay in your local currency:

• 12.1 The total amount to pay at check out will be displayed in US dollars. You are responsible to calculate the amount in local currency based on the exchange rate in different regions. Your total includes any applicable fees or costs in US dollars.
  
  
• 12.2 If you return a purchase that was purchased in your local currency, you will be able to choose to receive a) X Craft Credit or b) Cash back to you via the original payment method you selected in the amount you paid in your local currency converted to USD. Please note that all X Craft Credit issued as part of a refund expires one year after the date of issuance for buyers located in the US, except as provided under the “Returns” section of this policy (below), or unless otherwise specified.
  
  
• 12.3 12.4 Some payment methods may not be supported for local currencies.
  
  

13. NON-US BUYERS

• 13.1 For non-US buyers, we will declare the price that was paid for customs purposes. Unless otherwise indicated, buyers are responsible for the applicable customs duties and taxes that are billed by their respective countries of residence.
  
  

14. PAYMENT METHODS

• 14.1 For purchases made in the US, we accept American Express, MasterCard, and Visa. Depending on your shopping region, we also accept Apple Pay, Google Pay, and Wire Transfer.
  
  

15. SHIPPING, CONTACT, BILLING, AND PAYMENT INFORMATION

• 15.1 Please review your shipping, contact, billing, and payment information for accuracy before submitting an order. Billing information must match the billing information you have on file with the issuing bank. Please note that X Craft is unable to change a shipping address once the order has been placed. For certain items, you may be able to cancel your order (within 3 hours of placing it) and place the order again with the correct shipping address. However, you may not be able to purchase the same item you originally ordered, and if the same item is available, it may not be available at the same price as your original purchase.
  
  

16. ORDER REVIEW

• 16.1 All orders are subject to fraud review which may result in a delay in processing. We may also require additional information in order to verify your purchase. Until you receive final confirmation of your purchase, please check your email and respond to any requests for verification. While your order is being reviewed, your account may be placed on hold until the review is completed.
  
  

17. GOVERNING LAW

• 17.1 This Agreement shall be governed by the laws of British Columbia, Canada.
  
  

HOW TO CONTACT US

Should you wish to report a complaint or if you feel that X Craft has not addressed your concern in a satisfactory manner, you may contact us at info@x-craft.ca.