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