innocent until proven guilty!? this is our opinion on what ... · monaco boat show, sept. 2018)....

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Innocent until proven guilty!? This is our opinion on what has happened at PALMA BOAT SHOW 2019! CAYAGO instructed Spanish Police to rip our legally imported products with brutal force and without presenting any judge decision out of the shelfs, at the first day of the PALMA international BOAT SHOW! In Spain and many other countries lots of counterfeit goods are being offered on completely illegal markets in best locations (BARCELONA Port / RAMBLAS, Palma Cathedral …) Tons of counterfeit products are being sold there without noticeable harassment from the local police forces. Tourists can buy fake watches, fake sun glasses, fake shoos, hand bags every day! We exhibited at the international Boat show in Palma de Mallorca the STINGRAY models from the manufacturer IAQUA. The STINGRAY from IAQUA is since 1,5 years the new competitor to the SEABOB from CAYAGO. We imported the full model and colour range of the STINGRAY into BARCELONA / SPAIN via legal air shipping. 1. ALL CE CERTIFICATES AND OTHER LEGAL DOCUMENTS WHERE IN PLACE! 2. CUSTOMS PROCCESSED THE GOODS WITHOT ANY TROUBLE! VAT paid! 3. IAQUA STINGRAY has a registered legal design! 4. IAQUA and SEABOB clearly look not the same and the brand IAQUA is clearly seen and advertised! 5. We offer IAQUA and SEABOB. We wanted to sell the goods at the PALMA BOATSHWOW in our TOYMASTER STAND A1. We exhibit on the PALMA Boat Show since many years and sold many SEABOBS from CAYAGO. The reason why we decided also to sell IAQUA is simply because we are selling SEABOBS since almost 10 years, and our clients are demanding an up to date quality product at an acceptable price! Since we also exhibit and sell SEABOBS in Thailand at several international boat shows for many years, we came across the introduction of the STINGRAY from IAQUA. While we were selling SEABOB on our stand at Phuket international YACHT SHOW 2018 , SUNSEEKER dealer network (SUNSEEKER THAILAND) were offering IAQUA on their stand! SUNSEEKER is a global SEABOB dealer as well! We notified CAYAGO about the competitor numerous times, since IAQUA was officially presented December 2017. CAYAGO did not react and stated simply it is a 1:1 copy (Key Account Manager , Monaco Boat show, Sept. 2018). CAYAGO never saw or purchased an IAQUA! BEFORE our presentation at BOATSHOWS in VIENNA (Tulln March 2019) and PALMA, we ask CAYAGO CEO Mr. Walpurgis, General Manager Mr. Wizenti, and their in house lawyer Mrs. El Atifi clearly (email 19. Feb. 2019), if there is any evidence from court that proof IAQUA illegal / counterfeit. We received no answer or any evidence besides the usual reference to their design rights that protect the F5, but has nothing to do with IAQUA. We can clearly tell IAQUA and SEABOB design apart and we know that the modern scooter design of SEABOB F5 and SEABOB F7 are based on DELFJET, which has been introduced 2002 on the market and was NOT a CAYAGO invention!

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Page 1: Innocent until proven guilty!? This is our opinion on what ... · Monaco Boat show, Sept. 2018). CAYAGO never saw or purchased an IAQUA! BEFORE our presentation at BOATSHOWS in VIENNA

Innocent until proven guilty!?

This is our opinion on what has happened at PALMA BOAT SHOW 2019!

CAYAGO instructed Spanish Police to rip our legally imported products with brutal force and

without presenting any judge decision out of the shelfs, at the first day of the PALMA international

BOAT SHOW!

In Spain and many other countries lots of counterfeit goods are being offered on completely illegal

markets in best locations (BARCELONA Port / RAMBLAS, Palma Cathedral …) Tons of counterfeit

products are being sold there without noticeable harassment from the local police forces. Tourists

can buy fake watches, fake sun glasses, fake shoos, hand bags every day!

We exhibited at the international Boat show in Palma de Mallorca the STINGRAY models from the

manufacturer IAQUA.

The STINGRAY from IAQUA is since 1,5 years the new competitor to the SEABOB from CAYAGO.

We imported the full model and colour range of the STINGRAY into BARCELONA / SPAIN via legal air

shipping.

1. ALL CE CERTIFICATES AND OTHER LEGAL DOCUMENTS WHERE IN PLACE!

2. CUSTOMS PROCCESSED THE GOODS WITHOT ANY TROUBLE! VAT paid!

3. IAQUA STINGRAY has a registered legal design!

4. IAQUA and SEABOB clearly look not the same and the brand IAQUA is clearly seen and

advertised!

5. We offer IAQUA and SEABOB.

We wanted to sell the goods at the PALMA BOATSHWOW in our TOYMASTER STAND A1.

We exhibit on the PALMA Boat Show since many years and sold many SEABOBS from CAYAGO.

The reason why we decided also to sell IAQUA is simply because we are selling SEABOBS since almost

10 years, and our clients are demanding an up to date quality product at an acceptable price!

Since we also exhibit and sell SEABOBS in Thailand at several international boat shows for many

years, we came across the introduction of the STINGRAY from IAQUA.

While we were selling SEABOB on our stand at Phuket international YACHT SHOW 2018 , SUNSEEKER

dealer network (SUNSEEKER THAILAND) were offering IAQUA on their stand! SUNSEEKER is a global

SEABOB dealer as well!

We notified CAYAGO about the competitor numerous times, since IAQUA was officially presented

December 2017. CAYAGO did not react and stated simply it is a 1:1 copy (Key Account Manager ,

Monaco Boat show, Sept. 2018). CAYAGO never saw or purchased an IAQUA!

BEFORE our presentation at BOATSHOWS in VIENNA (Tulln March 2019) and PALMA, we ask CAYAGO

CEO Mr. Walpurgis, General Manager Mr. Wizenti, and their in house lawyer Mrs. El Atifi clearly

(email 19. Feb. 2019), if there is any evidence from court that proof IAQUA illegal / counterfeit. We

received no answer or any evidence besides the usual reference to their design rights that protect

the F5, but has nothing to do with IAQUA. We can clearly tell IAQUA and SEABOB design apart and

we know that the modern scooter design of SEABOB F5 and SEABOB F7 are based on DELFJET, which

has been introduced 2002 on the market and was NOT a CAYAGO invention!

Page 2: Innocent until proven guilty!? This is our opinion on what ... · Monaco Boat show, Sept. 2018). CAYAGO never saw or purchased an IAQUA! BEFORE our presentation at BOATSHOWS in VIENNA

DELFJET 2002 SEABOB 5.12/VX2/F7 2008 -2015 SEABOB F5 2015 -19

IAQUA also based on DELFJET and many other similar Dive

Scooters! It is completely legal to build a design based on

an already published common available design, as long it is

not exactly the same or a counterfeit! No matter if CAYAGO

likes the fact or not. Especially if the intention is not to be

mistaken with a SEABOB but to stand out to be the better

and more reliable product at a much more realistic price

tag! Patent and design rights are not made to stop

innovation and business in general! IAQUA has lights and

many other special features that are better than SEABOB.

We clearly confirmed that IAQUA is NOT a 1:1 copy and it is not illegal to sell IAUQUA. We sold

IAQUA in Austria at the boat show without problems. Austria is the HQ of CAYAGO AG Kitzbühl.

CAYAGO AG is the owner of the SEABOB Rights. By the way, we learned that CAYAGO AG was sold

recently! Who exactly is claiming rights!

We from TOYMASTER did our research the last 1,5 years and indeed found out that the STINGRAY

from IAQUA seems to be an innovative product from a very big high tech company, that is specialized

on producing car parts for the main car brands in the world (BMW, SEAT, SKODA, JAGUAR … even

TESLA). IAQUA understands industrial production. That is why quality and price are more attractive

than the rather old and semi handmade SEABOB.

IAQUA invited us to review the product STINGRAY and we also were able to do first tests.

The SEABOB has proven so far to be a very unreliable product and seems to contain from the

production start several construction- and also product quality faults, that never were completely

recovered. This we know because we own a fleet of SEABOBS, deal and repair / service SEABOBS

since 10 years.

This we know since 2014, because 20 out of our initial 20 F5S SEABOBS that we purchased where

faulty and had to be returned for massive repairs, several times! In our opinion SEABOBS that were

produced up to 2017 are effected by faulty PIEZO buttons and thermal problems and cause

expensive repairs! CAYAGO could never exactly define which SEABOB series was affected! At least

not in public.

CAYAGO introduced the SEABOB F5 series in 2014 obviously with the knowledge that the piezo

Buttons did not work properly (it was already known that they did not work of former SEABOB F7!)

… up to this day! The plastic display glass was suffering cracks and water ingress (the plastic glass

material expanded in sun light and cracked due to wrong construction or/and bad assembly),

batteries where not charging / failing within the first years (causing up to 6.000 € repair costs!).

Those were the first obvious F5 series faults.

Page 3: Innocent until proven guilty!? This is our opinion on what ... · Monaco Boat show, Sept. 2018). CAYAGO never saw or purchased an IAQUA! BEFORE our presentation at BOATSHOWS in VIENNA

(E.G.: CASE #4616, 2017 / Client on Mallorca

Cala Ratjada. We have sent in this SEABOB F5S

circuit board with urgent request to investigate

and state the reason for the burning MOSFETs.

We never received a result, a thank you or

answer from CAYAGO why the MOSFETS

obviously literally burned inside the SEABOB!

The Client had to pay fully for the repair. We

have countless similar cases on faulty circuit

board replacement (not always as clear visible

above). Oher CAYAGO service dealers reported

the same!

(Endless line of faulty SEABOB Grip elements

with faulty PIEZO Buttons. Up to today the

PIEZO Buttons do not work correctly. Last case

we repaired in Thailand 2019.

Our clients partly received free power grips

because we insisted! However, repair costs

were not covered by CAYAGO / only standard

warranty repair was covered in some obvious

cases on extreme pressure from us.

Clients without dealer backup most likely had

to pay for fully for the same issues!

CAYAGO SEABOB F5 series Displays.

The displays did not withstand

sunlight / heat and will crack.

Numerous SEABOBS suffer from that

production fault. Later models

received a newer version but still

show cracked displays. Production

was not stopped! There was never

an official recall! Not taking into

account thermal material extension

is not a sign of high tech / Made in

Germany!

Page 4: Innocent until proven guilty!? This is our opinion on what ... · Monaco Boat show, Sept. 2018). CAYAGO never saw or purchased an IAQUA! BEFORE our presentation at BOATSHOWS in VIENNA

More than one SEABOB had a very dangerous sudden uncontrolled revers trust reported by clients

(sucking itself to the human body) there also was a case of a so called TORPEDO EFFECT. Our first

SEABOB 5.12 showed this uncontrollable behaviour, which caused a SEABOB to run completely

uncontrolled trough the water like a TORPEDO … a Torpedo that carries a very powerful and

dangerous (class 9 dangerous goods) battery!!! This SEABOB was exchanged and we had to pay

approx. 2000€ to receive a higher priced model (5.12 ACS). This showed already in 2008 how

CAYAGO solves problems at client’s costs … and still does today!

Remark: IAQUA created the STINGRAY with an innovative double trigger system, in order to prevent

that the STINGRAY can be operated with one hand only. Also a so called TORPEDO EFFECT (faulty

trigger) is very unlikely with redundant triggers. How can an IAQUA be called a copy of a SEABOB?

CAYAGO was reported and warned from us of all above faulty parts and clients complaining about

those issues constantly all around the world! CAYAGO claimed only view SEABOBS were affected.

Well, we could significantly note that our repair statistics showed a severe number of SEABOBS fails

for above reasons!

CAYAGO did at no stage call back faulty units, announce internally to dealers that there were general

problems, did not order general replacement, and did not recover the damages caused to dealers

and clients.

Only when pushed hard with facts in EVERY single case, CAYAGO offered partly repair on warranty

terms or in some cases and reduced the repair price step by step like on Camel Bazar. This was only

granted after clearly pointing out the faulty parts and in every case endless discussions with after

sales. We had to threat to go public and received finally a verbal agreement that OUR clients do not

have to pay for faulty power grips. Still every case needed to be reconfirmed with General Manager.

We do understand that products can be faulty and problems need to be solved also in favour of the

manufacturer! However, up to 2015 CAYAGO insisted on the fact that a SEABOB is maintenance free

and no service is required (Mr. Walpurgis). After numerous trigger problems / torpedo effects,

suddenly the trigger was declared a wear and tear part. Clients were not able to exchange triggers

due to corroded screws in most cases.

Due to the fact that SEABOB is purchased mainly by rich people, many of the numerous failing units

were simply not reported in! Also the very bad aftersales (CAYAGO service handles manly profitable

repair cases, which are in fact often warranty cases. Internal statistics reveal clearly the obvious

quality problems. Officially this was never admitted or solved. CAYAGO ignored not only clients

complaints, they also ignored warnings of the dealers and service centres that those faults need

attention, cases to be analysed, a production and sales stop until problems are solved! F5 series

needed in our opinion a public recall due to numerous faults caused by manufacturer or their

suppliers.

TOYMASTER (formally known as SEABOBBASE seabobbase.com) worked very close together with

CAYAGO, did prototype tests, and reported on regular bases the above problems! Even towards us

there was always a extreme precaution that in no case general quality problems were admitted!

CAYAGO ignored and dismissed above problems. Only with constant complains problems could be

partly solved for at least our clients at reduced costs. This behaviour is clearly violating EU

competition and customer right laws! We advise to check repair cases and it is clear that CAYAGO

charges at will and based on clients knowledge of the facts!

Page 5: Innocent until proven guilty!? This is our opinion on what ... · Monaco Boat show, Sept. 2018). CAYAGO never saw or purchased an IAQUA! BEFORE our presentation at BOATSHOWS in VIENNA

After approx. 5 years of SEABOB F5 series history, another very severe problem is showing on EVERY

SEABOB sold since introduction of F5!

The main circuit board showed in statistically significant cases a fault due to probably excessive heat

development. In the above case (see picture above) this is proven! In other cases it cannot be seen

that clearly, but the circuit boards of nearly every SEABOB seems to be affected sooner or later.

In one very well documented client case we had a literally burned board without any obvious reason!

This client has a SEABOB F5S and his kids using it in front of his beach house here on Mallorca. We

reported this unit in and CAYAGO repaired it after again endless discussions. CAYAGO never stated

the reason of the burned main board! The repair invoice did not contain a list of the actually

exchanged damaged parts! The client had to pay for the new circuit board. We have numerous

defect boards as evidence on Mallorca and in Thailand that CAYAGO F5 electronics are faulty!

Our latest comparison test shows that a SEABOB battery under full load (max speed) will almost

reach double as much temperature as an IAQUA! We tested in 16 degrees water temperature.

SEABOB showed 41°, while an IAQUA showed 23°. Under full constant load on the water surface the

IAQUA is operating at safe temperature. A SEABOB CAYAGO with patented cooling system reaches

twice the temperature. We conclude that thermal stress inside a SEABOB F5/F5S/F5SR may become

critical at water temperatures of 30° and more! The CAYAGO water cooling patent is failing, because

the electric power box is not cooled sufficiently when a SEABOB is at the surface of the water. This is

due to the fact that a SEABOB has a very bad balance when a human is operating it. The bow is out of

the water, like o a badly balanced boat. The bow section that contains the electric box is then only

rather air cooled! This may be the reason for burned circuit boards? The thermal stress is also not

very favourable for lithium batteries and their life time! I Aqua has three cooling methods in place

and none of them needs flowing water! IAQUA will not get hot! That is why we like to offer this

innovative product! We think that CAYAGO is aware of their problems and want to stop competition

until they will solve their problems somehow/ introduce again another model, may copy IAQUA

technology in the end!

IAQUA contains 2018, state of the Art, electronics and technology. F5 series SEABOB is based on

approx. 2012 technology and copied simply the original DELF Jet / SEABOB F7! Only the battery type

was changed and the modules were rearranged. The only true invention of the SEABOB F5 is its lower

weight compared to DELFJET / SEABOB F7. But even that is not a CAYAGO invention, it is caused

mainly by replacing 1990 technology with 2010 technology standards. Every product on the market

became lighter, smaller, contained more power (compare phones, TV, Cars…). Why is CAYAGO

claiming innovation? The F5 series was simply the only way to replace the already faulty and nearly

impossible to fix SEABOB F7! SEABOB F5 was nothing but a necessity and still came with a load of out

of the box faults! In more than one case the SEABOB did not work out of the box!

SEABOB Batteries are not cooled very efficiently. They are simply placed in an aluminium tube that

happens to be naturally surrounded the water. If a SEABOB does not move, there is no cooling of the

cells by flowing water”. The battery cells have only little contact to the tube hull (only outer cells

have obviously little to none contact via heat transfer tape (only approx.10% of the battery cell

surface has contact to hull). Heat is not transferred sufficiently into the water in our opinion. The

design reminds more of a thermos can than a cooling system! However, IAQUA showed us that

effective heat transfer management will significantly reduce thermal stress, part failure, and improve

significantly battery life! We have recorded also cases where SEABOB batteries had to be replaced

for 6.000€ total costs, without a plausible explanation form CAYAGO.

Page 6: Innocent until proven guilty!? This is our opinion on what ... · Monaco Boat show, Sept. 2018). CAYAGO never saw or purchased an IAQUA! BEFORE our presentation at BOATSHOWS in VIENNA

The failure of the SEABOB main board seems to be in our opinion the most serious construction fault

and needs to be solved in public! All around the world CAYAGO dealers report numerous SEABOB to

have defect main boards / with probably destroyed MOSFET components. Currently boards being

exchanged all around the world at high costs for the clients! Also every exchanged board sets the

SEABOB back to 0 running hours! Often those SEABOBS are sold and the next owner has no idea how

many hours are on the device! Repaired SEABOB running hours are FAKE because the reprograming

does not include transfer of the TRUE running hours! The replaced amount of so called POW (circuit

board) can easily be verified by checking CAYAGO bookkeeping and comparing how many circuit

boards have been sold as spare part! The relation of total purchased circuit boards and produced

SEABOBS is not the number to look for. Approx. 30% of produced SEABOBS are used as dummies

(free give away to numerous sales points) without function. Compare POW to purchased Battery

packs for leisure SEABOBS. The massive free marketing by spreading SEABOB dummies is in our

opinion the reason why SEABOB is known better than their competitors!

CAYAGO is mistaking their massive marketing campaign (check CAYAGO marketing budget) with

SEABOB being actually famous, let alone the preferred product! In our opinion and experience

SEABOB owners, rental stations, and numerous Yacht Captains are very angry with SEABOB and

DEMAND a competitor or solution. We have numerous statements, emails, and accusations from

clients! In the end we learned that IAQUA owner and his friends experienced SEABOB faults and

decided to invent something better! This is what they state on their site and I understand it

completely! In our opinion CAYAGO is trying to cover up the complaints by massive marketing, a

trade campaign at clients and dealers costs (unlawful discount /competition!) ,and only the worst

cases are solved to keep the clients quiet!

At first CAYAGO always claimed to dealers those cases are view and only we suffer from those bad

SEABOBS. But when dealers met at boat shows we found out that we all had the same problems!

CAYAGO strategy seems always the same. First not admitting that they have a construction and

quality problem. Then actual warranty cases are processed finally at client’s expense, claiming to

clients and dealers that those cases are rare, and not informing whatsoever of the reasons for the

main board and battery failures! Faulty /exchanged parts are never returned to the owner! Dealers

were instructed to send in faulty parts for free (the only free CAYAGO service!) … maybe to avoid

evidence collection?

Indication of such circuit board failures are the fault message “impeller lock” (nothing actually

blocking/ affecting the impeller):

The SEABOB F5 in the picture has

only been operated in sweet water.

We have many cases of “impeller

locked” faults with same symptoms

and solution (board exchange).

None of the cases had an actually

locked or damaged impeller!). This

Seabob in the picture has not been

repaired up to this day!

Page 7: Innocent until proven guilty!? This is our opinion on what ... · Monaco Boat show, Sept. 2018). CAYAGO never saw or purchased an IAQUA! BEFORE our presentation at BOATSHOWS in VIENNA

The messages “water ingress”, and “charge current to high” indicated as well board problems. Also

there were several issues with “depth sensor failure” … causing a 1.300€ exchange of the sensor. The

Sensor was suddenly improved but it was not solved in majority as a warranty case!

We were the first service partner form CAYAGO and up to this day CAYAGO did not provide a

diagnosis software that is extremely necessary for local repair. There were no internal

memorandums except about preventive exchange of seals when SEABOBS are repaired. So far

approx. 6 of the aftersales managers have left /were fired at CAYAGO within 10 year of CAYAGO

history! With every new After Sales employee we had to actually train them to understand the

problems!

CAYAGO established officially a local dealer aftersales and repair service in 2016.

In November 2015 Robin Leoson was the first Authorized SEABOB SERVICE trained. In reality we

helped CAYAGO to create the repair course and overcome the above mentioned problems in an

extent, that at least the above faults can be repaired on site / without huge transport costs.

However, up to this day CAYAGO never confirmed any severe construction faults on SEABOBS!

CAYAGO needed 3-4 years to realize that the faulty parts need to be exchanged on site by (ap)using

trained external staff that mainly repaired SEABOBS on behalf of CAYAGO at clients cost. This created

another competition “war” between dealers and ended now with mainly those dealers able to repair

and provide spare parts that support CAYAGO questionable way of doing business. Our direct partner

in China (selling numerous SEABOBS to the Chinese government) was on request not trained not be

and is forced to get service from an incompetent EXCLUSIVE service provider in Hongkong. CAYAGO

established this Hongkong dealer in China against our valid contracts in China! Our partner supplies

the Chinese government and is in Shenzhen! Our partner was also accused to copy SEABOB, which

now turned out to be a completely false accusation, because IAQUA is a completely different

company, owned by British citizens! ! CAYAGO did never apologize! CAYAGO still owes us approx.

40.000€ damage claim! We did not push it based on agreement that we can still ship to china …

regardless of the exclusivity contract CAYAGO has with Next Wave Yachting. Interesting?

Page 8: Innocent until proven guilty!? This is our opinion on what ... · Monaco Boat show, Sept. 2018). CAYAGO never saw or purchased an IAQUA! BEFORE our presentation at BOATSHOWS in VIENNA

According to CAYAGO Service policy a service station must have 2 CAYAGO trained personal. We

complied! Our competitors have none, or only one directly trained person that actual repairs the

SEABOBS. Many dealers sent their CEOS and actual repair is done by locally trained staff. Remark:

According to CAYAGO the authorized repair certificate will stay up to date as long as the contract is

valid. It is only valid for the company and the person! The trained person cannot simply work on its

own. We know at least one case where the trained person has simply switched companies … creating

unfair competition. CAYAGO trains at will or simply has no open training space. CAYAGO also

contracted our trained personal for its USA service, without asking us for a permission (Mr. Alex

Garcia. We sent Mr. Garcia as our service technician to be trained for our partner in Mexico. Reason

was 4 out of 4 faulty SEABOBS that we supplied for our partner. CAYAGO abused this situation and

caused a massive damage and separation between us and our partner)!

Before repair service was established. We were asked to exchange faulty units with SEABOBS from

our stock, especially for direct CAYAGO clients! CAYAGO direct clients seem to receive better services

(unlawful competition)? We know at least that CAYAGO is not treating every client the same way.

Same applies to copy accusations. SUNSEEKER Thailand was never even questioned why they sell the

IAQUA! We were latterly raped from CAYAGO at the PALMA Boatshow without any legal correctness!

CAYAGO is claiming that SEABOBS can be repaired by service centres. The truth is that dealers and

even service centres still have to send in a SEABOB for thousands of Euros to CAYAGO to Germany,

especially in warranty cases.

Many dealers know this above issue and some of the dealers actually like the fact that they can first

sell the expensive SEABOB and then a couple of months later earn an even bigger profit by actually

repairing construction faults. We also had numerous repair cases, but we kept repair costs for our

clients as low as possible and claimed warranty whenever we could!

Page 9: Innocent until proven guilty!? This is our opinion on what ... · Monaco Boat show, Sept. 2018). CAYAGO never saw or purchased an IAQUA! BEFORE our presentation at BOATSHOWS in VIENNA

CAYAGO disliked our intention to protect the rights of our clients and is rather favouring dealers that

comply with the questionable company policy of not talking about the severe problems and simply

fixing the faulty units again and again at client’s costs, Clients angry.

Recently CAYAGO released a diagnostic and at the same time adjustment software to adjust the

settings when a main POW board is replaced. This special tool is available since approx. 2 years and

has been handed out only to those dealers (they are known to us!) that partly actually work together

with CAYAGO in a very profitable way by cheating clients of their warranty rights! CAYAGO claims

those are software tests … in reality they abuse those dealers for exchanging faulty parts at clients

cost and also saving taxes and social security costs, because they actually full time CAYAGO staff /

repairing full time SEABOBS, but do that on their own account. In Germany this is illegal!

Another big issue is that clients and dealers where suggested to send damaged/ malfunctioning

SEABOBS, that contain partly damaged batteries and/or faulty BMS systems, by plane back to

Germany! On a case in Thailand we were ordered to send the SEABOB in. It is not allowed to send

class 9 damaged / faulty dangerous goods by plane or any other official transport without special

precautions. IATA regulations are very strict in that case!

We refused to send in the unit with battery that most likely suffered a faulty BMS/ shut off safety

system to Germany (battery could not be shut off/disconnected. High Voltage could be measured

after shut down of system!). Also a client in New Zealand (that has now repaired the SEABOB

himself!) was asked to send the defect device back to Germany. Numerous defect SEABOBS must

have been sent back in PASSENGER PLANES with probably faulty batteries and/or BMS, or water even

ingress or simply unknown fault! This is clearly a violation of IATA and IMO Dangerous Goods

transport rules (also sea freight). We have already informed IATA in order to double check CAYAGO

transport policy, especially on repair cases.

IAQUA is designed with a fail safe way and a simple plug & play modular design that allow the local

service to replace faulty parts against new parts! At no point a faulty unit, let alone with a unknown

fault, is sent back to China! Perfectly safe new parts are sent to a dealer by plane in proper legal way

in any case, regardless of warranty to be proven or not. With IAQUA the local distributor will check

and decide on warranty claims in favour of the client and respecting IAQUA policy!

IAQUA are certified for air transport and have all certifications in place! That is why we like to take

IAQUA into account as a SEABOB option! We sell SEABOB and IAQUA side by side and inform the

client of the advantages of each product! Since CAYAGO seems to fight competition instead of

improving, it is no our fault that IAQUA is the product that customers specifically ask for!

This is only a short review of the CAYAGO fail history! We can proof any time above stated in relation

to our repair cases, the long list of failure of our own SEABOBS, and 10 year after sales & service

disaster history with CAYAGO!

In the consequence of this history and more and more obvious strange behaviour of CAYAGO, we

finally imposed a sales stop in August 2018 and insisted CAYAGO to reveal the reasons for the

constant main board (POW) problems and to provide solutions.

CAYAGO did not react on our request and did not provide any necessary measures to solve the

numerous service cases around the world. We lost our partner in CHINA that was selling SEABOBS to

the Chinese government and suffered of above faults. We lost our partner in Mexico due to severe

problems on all SEABOBS that we sold them for their rental station in CANCUN (Reefxplorer).

CAYAGO is also violating competition laws in numerous ways and aspects by favouring specific

dealers, offering illegal discounts, not acting on illegal advertisement of their partners and dealers,

Page 10: Innocent until proven guilty!? This is our opinion on what ... · Monaco Boat show, Sept. 2018). CAYAGO never saw or purchased an IAQUA! BEFORE our presentation at BOATSHOWS in VIENNA

and granting exclusivity in areas where we had contracts with our partners already in place! We are

now attacked on violating picture rights because of an old CAYAGO foto in Facebook. There have

been dealers that copied the entire SEABOB internet page in order to pretend to BE SEABOB! This

was never followed on and caused to many dealers massive damages. The dealer in question is a

ONLINE Dealer and sold clearly with uppermost disrespect to existing coopetition laws.

We were not allowed to advertise! A CAYAGO Key Account Manager actually ordered us not to

advertise in order to respect the new main dealer on Mallorca “Mc Queen”, when we started

successfully selling on Mallorca. Mc Queen was always favoured by mainly this CAYAGO woman

assigned for Balearic matters. It turned out that she was not authorized to impose an actually illegal

advertising restriction according to the CEO on his visit 2 years later!! Also we found out that this

action is clearly illegal and violating EU competition laws. We lost severe revenue because of this

unlawful action. Mc Queen went finally bankrupted and left a long list of clients that complained

offer years at our boat show stand at the Palma Boatshow. Later Mc Queen was accepted and listed

on CAYAGO page again under a different name (Q premium). Finally this company was dropped

again. The initial persons behind MC Queen are said to be still dealing SEABOB and violate

competition laws without CAYAGO acting against it. We have reports from IBIZA official dealers that

that CAYAGO is not acting against domain name abuse! Same happened to us in our area in Thailand.

In one case we could prove very clearly that a Mallorca SEABOB dealer is actually cheating clients by

renting out property that does not belong to them, and then charging the rental client a fine because

the naturally faulty SEABOB was returned with a fault! In reality this SEABOB should be repaired and

was handed out as rental unit! The rental client had to pay the rent and the repair! This dealer was

never dropped until today. The case was clearly proven with the CAYAGO CEO confirming the cheat!

This shows in our opinion clearly that CAYAGO is only interested in profit, no matter what the means

are to create profit. CAYAGO suggests guerrilla marketing that is actually illegal on Mallorca (operate

tour operators without COSTA licence.) Most likely because of those rather disrespectful commercial

advertising intents (“SEABOB BEACH”), in consequence SEABOB is now forbidden in protected areas

around IBIZA. We always insisted that CAYAGO has to establish with the Spanish government a safe

way to use SEABOB commercially. Last Year one person died and another was severely insured.

GURARDIA CIVIL contacted us and we demonstrated how we safely operate SEABOB and RESPECT

Spanish laws and environment. The accident has nothing to do with us or CAYAGO, however, it

proves the point that a manufacturer must care and listen to users!

IBIZA is the main playground of CAYAGO staff celebrating parties, living obviously on costs of local

dealers, and violating EU competition laws in numerous ways by favouring some and ignoring others.

When F5 series was introduced, the first units were available for rental on IBIZA, while numerous

customers had fully paid and were waiting since 3 months on their F5S for the summer. They finally

arrived end of August! 80% of our clients cancelled their order. The rental of the units on IBIZA

turned out to be illegal because CAYAGO has “forgotten” about the units that were used for

advertising projects! We know exactly that this is true because one of our staff was hired to help with

the advertising project! A so called “Mr Gray” was renting the units in one case even to our client

that was waiting on his F5S!

In our opinion the IBIZA dealer fixed nearly 100 SEABOBS in one year (probably replacing POW). We

know that because we also use his services, since CAYAGO is not selling to us spare parts anymore

(which is another violation of EU competition laws, since we are clearly able to repair and have 3

trained mechanics in place!). We see there every week the massive repair pile of SEABOBS! Same at

the other MALLORCA Service DEALER besides us. ). Looks like a good business to replace faulty

SEABOB parts at clients cost! It’s not the dealer, it is CAYAGO that has put this corrupt system in

place! We think it is corrupt, because why do clients have to pay for production faults! Why are

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service dealers supported with special software that fix those faults without questioning the fact that

clients being cheated?

The list of CAYGAO failure is endless and we are suffering since 10 years!

The only positive reaction so far is in some case reduced costs for repairs for selected clients (after

endless fighting for it). The CEO of the Company (Mr. Walpurgis) granted every now and then a free

quick charger or free bag. Also verbal conditions like “you don’t have to reach the minimum sales

number / year”. Without pointing at it … this is clearly an unlawful act against the most imminent EU

competition rules. We can never proof that Mr. Walpurgis stated above said, but it still happened

and what we learned is that there seem to be multiple verbal on the side deals in place in order to

rule/control the market! Why are we pointing this out? Because IAQUA is a legal competitor that is

now being attacked with very questionable ways of abusing the law.

CAYAGO CEO Mr. Walpurgis was the former owner of a private exe and security company. His skill is

mainly to work with lawyers! This is not illegal but it is not easy to state the truth if a skilled company

CEO, backed by rich investors, is in our opinion abusing the law and creates pre justice, by having

lawyers write letters to boat shows. In those letters the accusations are false and exaggerated. How

else can a competitor be wiped out without any legal document that states that IAQUA is a

counterfeit?

CAYAGO is offering 20% discount since 6 years if you simply state a serial number of a former model

and a photo, regardless of the state and ownership of the SEABOB. This is clearly an illegal discount

(violation of competition laws), especially over such a long time!

We told CAYAGO that we will continue to sell SEABOBS, but from now on we will tell our clients that

a SEABOB is not maintenance free and that not every damage can be repaired in our official service

station (main boards have to be programmed at CAYAGO HQ), and that SEABOBS can fail without any

reasons due to most likely thermal problems, constant quality problems, and new problems due to

implementing new parts without testing them properly.

In February 2019 we put all contracts with CAYAGO on hold because CAYAGO is constantly violating

its own contract conditions. Up to this day we wait for compensation in numerous open claims and

answers for our clients! We still sell SEABOBS and we still care for our SEABOB clients around the

world! CAYAGO is refusing to sell spare parts to us.

CAYAGO has analysed some of our cases, offered free repair, and abused even that that situation to

create false facts reports (probably to oppose any claims that we assume that SEABOBS are faulty).

Of course we had few cases were we did mistakes while repairing under extreme high season

pressure, having to solve surprisingly so many failure cases! We solved those issues and in one case

we received a free circuit board to replace one that had water ingress. This was the only case

CAYAGO toughly checked. Reason for failure was a missing update for an updated replacement part

and its new way of mounting it. CAYAGO is pointing at them and claims that the reason for our high

number of revealingly failing SEABOBS is our faulty repair … Today dealers around the world clearly

know that “ impeller lock” fault, without impeller being locked” means a severe failure of the main

board, causing minimum 6 hours repair and costs up to 2.500€!

Well, now it is obvious that we welcomed the fact that IAQUA has constructed a dive scoter / water

sled with similar/ even better, properties than SEABOB. Lots of improvements, innovations, a good

aftersales policy, fair dealer conditions, and safety features!

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We offered CAYAGO up to this day to solve the problems and we have strong interest to further

supply our clients with SEABOB and SEABOB services. Naturally CAYAGO only suggests that we must

in writing state not to sell ever IAQUA! Is that lawfull?

CAYAGO has a problem with the much better and fault free IAQUA. CAYAGO claims that IAQUA “is a

1:1 copy of the SEABOB” (official statement from Key Account Mrs. Desiree Schöttker towards two

present CAYAGO dealers at Monaco Boat Show 2018). CAYAGO has so far never seen an IAQUA, let

alone had the chance to inspect one. IAQUA did several official product introductions and CAYAGO

was not present at one of them. Many CAYAGO dealers from around the world were present and

inspected the new products!

Why was CAYAGO not there? Why did CAYAGO not support our SEABOB sales and aftersales in

Thailand? Why did CAYAGO not respond to our letters when we asked CAYAGO exactly where IAQUA

is supposed to infringe patents, before we displayed IAQUA at Vienna boat show (Tulln 2019)?

We have a GERMAN engineer degree employees and we are a team of SEABOB and electric toy

experts since 10 years. We inspected the IAQUA inside and outside and demanded form the

manufacturer explanations regarding possible infringement of CAYAGO patents.

The manufacturer was able to show us that no patents were violated and many of the technical

features of a SEABOB are not patented at all, and/or are based on common technical knowledge /

existing technology. ! Professional IR lawyers and design institutes confirmed that there is no obvious

design infringement. IAQUA has a registrated EU design (006193538-0001)!

In my personal opinion none of the technical SEABOB patents actually show anything significantly

new or worth being patented in the first place! They are good for impressing / catching investors or

scare off boat show organizers. They may also impress boat show organizers, local Police, and even

Judges that are forced to impose a preliminary injunction.

However, since the patents were not violated it does not make a difference! Another fact is, that if

the STINGRAY would be a “copy” then it would also perform just as bad as a SEABOB. The STINGRAY

housing of the central circuit board is made of Aluminium, which transfers heat much better away

from the electric components. A SEABOB circuit board is within a PLASTIC housing and cannot

transfer of the heat sufficiently away. This is probably the reason of the burned MOSFETS, especially

when a SEABOB is operated above the water! One of the SEABOB Patents is that flowing water is

cooling the batteries and electronics. In reality the electronics are not covered by water when the

SEABOB is operated as advertised above the water! There is no constant cooling, and the material is

not actually transferring the feat away! There is an aluminium plate that supposed to transfer heat

away by inside reaching aluminium bolts. This is obviously not enough and not in the flow of water.

It is not our job to analyse the patents and define if IAQUA is violating them. But as a dealer of dive

scooters and SEABOB expert, we very well did our homework and cannot see any patents infringed!

Last but not least IAQUA presented prove form several legal bodies and institutions that STINGRAY

IAQUA is not infringing any patents. All we need is assurance that we sell a legal device!

Regarding design rights it is very simple! A SEABOB has a hydrodynamic shape. Many boats, dive

scooters, and fish have this hydrodynamic shape. It is “form follows function” that explain the

SEABOB, IAQUA and many other scooters shape. It is not a CAYAGO invention!

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The specific SEABOB F5 CAYAGO design is indeed protected. We aware of it! However, we inspected

the design several times and never did notice a 1:1 copy intention or an intent of IAQUA to be

actually mistaken with a SEABOB. We can clearly differentiate between an IAQUA and a SEABOB.

IAQUA is sold through dealer network and dealers point clearly out that it is not a SEABOB if they

have to! Also our clients had no problem of distinguishing between a SEABOB and an IAQUA.

The design is clearly different to SEABOB and similar to dive scouters in general. Every dive scooter

has a propelling device in the back, two handles or a handle bar, some kind of motor and battery

inside (that is naturally cooled by surrounding water), and modern devices have also a display in

front of the face (where else?).

In our opinion the IAQUA STINGRAY is not a SEABOB! There is not one legal document that states

anything different! IAQUA is perfectly legal and can be sold legally anywhere in the world until

CAYAGO can actually prove that it is a copy!

We hope that you all now understand why we are selling IAQUA and why we think the SEABOB is an

overpriced faulty device that consists of 2013 “state of the art” technology.

An IAQUA STINGRAY is constructed completely different (modular plug& play concept) and

implements 2018 “state of the art” technology / electronics. The design of the STINGRAY is

hydrodynamic, with two handles, a massive jet intake, an impeller, and a square display. How else

such a dive scooter can shall be constructed! Did CAYAGO invent a dive scooter? No!

A STINGRAY has lights and carbon parts that clearly differentiate it from SEABOB even more. A

STINGRAY EON is complete made of CARBON. Design rights as differentiate by the structure of the

material used. There are no CARBON SEABOBSs! The bottom is always plastic and the plastic SEABOB

is simply laminate with a carbon layer! The IAQUA EON entire hull is made 100% of CARBON and is

even further apart from a SEABOB.

We choose IAQUA because distribution, service, and product innovation are much more attractive. It

is our right to free trade goods as water sport specialists. We have absolutely no idea why CAYAGO is

fearing IAQUA so much as to destroy our company at PALMA BOATSHOW 2019 by calling the police a

claiming we are actually selling a SEABOB copy, just like outside of the boat show all the fake NIKE,

ROLEX, and Louis Vuitton hand bags.

We invested approx. 200.000 € in IAQUA sales and planed everything correctly in order to introduce

the product perfectly legal at the PALMA boat show 2019.

WHEN our goods were confiscated there was no VALID JUDE ORDER presented or known to us!

Unfortunately CAYAGO managed to exploit the Spanish Police (Guardia Civil) to rip the IAQUAS

literally out of our shelf, with a CAYAGO employed lawyer present at all times.

CAYAGO did not only destroy our reputation at the show, we were also humiliated more than once

because the lawyer did not remove all the IAQUAS and had to come again 2 days later! The Spanish

police was in our opinion totally flashed and overrun by the material in favour for CAYAGO, and not

public shared material presented to the police. At Monaco boat show CAYAGO already presented

altered documents. Also in a letter to us from their Spanish lawyer a picture of IAUA was “photo

shopped” / hiding the IAQUA logo! The layer forced in our opinion the police to take the STINGRAYS,

while only couple of 100 meters away fake ROLEX, NIKY ADDIDAS, LOUIS VUITTON, and many other

INDEED counterfeit goods were sold all day!!

Proportionality is clearly what was not being respected! Our revenue loss at the boat show is

probably bankrupting our company, while CAYAGO stopped sales of s legal product!!!

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We have no problem that CAYAGO is accusing IAQUA for whatever they want to, but why does

CAYAGO destroy our company at the boat show forcing actions from local police, without the order

of a judge? Where are we? Is this EU? Did we sell fake RAY BAN? Did police remove SAMSUNG

phones out of the shelfs?

This is clearly an aggressive act in public toward us, because we know that SEABOB is a faulty

product! SEABOB is deemed to be erased from the market by the first competitor. Behind the scenes

CAYAGO prepares a product to replace the faulty SEABOB.

Fair competition was never a thing that CAYAGO respected in our opinion in the first place, because

CAYAGO has no competition so far. Now they act surprised and have to learn what CAYAGO dealers

felt since years … having to compete with each other in a respectful way!

We demand here in public our property back and every client or dealer that has suffered from

CAYAGO mistreatment shall forward information and the case numbers /the story to us!

We currently preparing a legal claim against CAYAGO in order to possibly proof that CAYAGO has sold

over many years products with constructions faults and faulty components! The evidence we have!

It’s a fact and not an accusation. We want to warn the public and simply question the repair case you

might have / have had.

We kindly ask the Spanish police to return our property and please turn the case in to the courts for a

fast decision! It is a case between CAYAGO and IAQUA in any case. We are only a dealer that cares!

IAQUA has responded to CAYAGO, but CAYAGO did not proceed suing IAQUA because probably they

know they have no chance! But what they do is damage us as a local small dealer down to

bankruptcy with questionable use of the law, trying to create a so called pre jurisdiction in order to

win time and sell this summer more “faulty” SEABOBS, or at least avoid a competitor that is in all

aspects better and DIFFERENT to CAYAGO!

Proportionality of the actions taken is what went wrong completely. It is hard to believe that the

facts presented to the police were fair play, because the action they took was similar to seizing

counterfeit goods usualy sold in dark corners and behind locked doors!

We are TOYMASTER /a.k.a. SEABOBBASE and it is our core resource to know about products! We

have the right to share our opinion about products and do not fear CAYAGO lawyers. We do respect

arguments and respectful discussions and hope that CAYAGO will react accordingly and restore our

status and good name! We expect an excuse in public that we did nothing wrong or unlawful!

This is not an advertising and it is not a threat or a revenge! It is simply our opinion about 10 year

CAYAGO history, and sharing what really has happened at PALMA BOATSHOW 2019! It is also the

right to defend our good name against CAYAGO AG actions. Their numerous lawyers are skilled in

scaring rightful people that simply want to do their business and care for their clients! We simply use

the right of our opinion and share FACTS and our free opinion.

We are happy to give CAYAGO room to reply and openly discuss issues, present relevant proof.

We simply want to sell good legal products!

Best regards

The TOYMASTER TEAM (April 28. 2019)