Read this document carefully. It contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
This Agreement contains the terms and conditions that apply to purchases by customers of Dive Into Scuba ("Customer"), on orders for scuba equipment and/or related products and/or services and support sold by Dive Into Scuba in the United States. By accepting delivery of the scuba equipment, other products and/or services and support described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. If for any reason you are not satisfied with your Dive Into Scuba purchase, you may return the merchandise under the terms and conditions of Dive Into Scuba's Returns and Exchanges policy.
These terms and conditions apply 1) unless the customer has signed a separate purchase agreement with Dive Into Scuba, in which case the separate agreement shall govern; or 2) unless other Dive Into Scuba standard terms apply to the transaction.
These terms and conditions are subject to change without prior written notice at any time, in Dive Into Scuba's sole discretion.
Other Documents. Other than as specifically provided in any separate formal purchase agreement between Customer and Dive Into Scuba, these terms and conditions may not be altered, supplemented, or amended by the use of any other documents. Any attempt to alter, supplement or amend this document or to enter an order for products which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Dive Into Scuba.
Governing Law. This agreement and any sales there under shall be governed by the laws of the state of Texas, without regard to conflicts of laws and rules.
Payment Terms, Orders, Quotes and Interest. Terms of payment are within Dive Into Scuba's sole discretion, and unless otherwise agreed to by Dive Into Scuba, Dive Into Scuba must receive payment prior to Dive Into Scuba's acceptance of an order. Payment for the products and services and support may be made by credit card or some other prearranged payment method unless Dive Into Scuba has agreed to credit terms. Dive Into Scuba may invoice parts of an order separately. Orders are not binding upon Dive Into Scuba. Until accepted by Dive Into Scuba. Any quotations given by Dive Into Scuba will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
Shipping Charges and Taxes. Separate charges for shipping will be shown on the invoices. Unless Customer provides Dive Into Scuba with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Dive Into Scuba's acceptance of the order, the customer is responsible for sales and all other taxes associated with the order, except for Dive Into Scuba's taxes on Dive Into Scuba's net income. If applicable, a separate charge for taxes will be shown on the invoice.
Title and Risk of Loss. Title to products passes from Dive Into Scuba to customer on shipment from Dive Into Scuba's facility. Loss or damage that occurs during shipping by a carrier selected by Dive Into Scuba is Dive Into Scuba's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility.
Warranties. The limited warranties applicable to scuba equipment are included from the manufacturer of the equipment in the documentation provided with the products. There are no warranties for used equipment or services. Dive Into Scuba makes no express warranties except those stated in Dive Into Scuba's applicable warranty statement in effect on the date of the invoice. Any such warranties will be effective, and Dive Into Scuba will be obligated to honor any such warranties, only upon Dive Into Scuba's receipt of payment in full for the item to be warranted.
Products. Dive Into Scuba continually upgrades and revises its products and service offerings to provide Dive Into Scuba customers with new products and service offerings. In the event that an ordered product is out of stock, Customer will be contacted prior to any substitutions.
Links. This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Dive Into Scuba is not responsible for the operation of or content located on or through any such site.
Dive Into Scuba acts as a retailer. Any warranty and technical support provided on third-party products purchased through Dive Into Scuba are provided by the original manufacturer and not by Dive Into Scuba. These products may be returned only in accordance with the return policy in effect on the date of invoice. The warranties and technical support may vary from product to product.
Limitation of Liability. Dive Into Scuba does not accept liability beyond the remedies set forth herein, including any liability for products not being available for use or the provision of services and support. Dive Into Scuba will not be liable for consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by a third party except as expressly provided herein. Customer agrees that for any liability related to the purchase of products or services bundled with the products, Dive Into Scuba is not liable or responsible for any amount of damages above the aggregate dollar amount paid by Customer for the purchase of products or services under this agreement. Only certified scuba divers should use scuba diving equipment. Dive Into Scuba does not accept liability for the use of scuba equipment by non-certified individuals. Do not use scuba diving equipment before completing professional training and certification by qualified instructors. Diving without proper training may result in severe injury or death. As with any underwater equipment, if you purchase used equipment you should have it inspected by professionals before use and should be trained with any underwater life support equipment.
Dive into Scuba makes no warranty, expressed or implied, of the merchantability or fitness for any particular purpose. You may have additional rights under state law. Final determination of suitability of any product sold for the use contemplated by purchaser is the sole responsibility of the purchaser, and the seller shall have no responsibility in connection with such determination. Dive into Scuba will not be responsible for any consequential or incidental damages resulting from the sale, use, misuse or improper function of any product purchased from Dive into Scuba. The responsibility, if any is imposed, of Dive into Scuba in regard to any product purchased shall be limited to the monetary value of the merchandise purchased.
Binding Arbitration. Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against Dive Into Scuba, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "Dive Into Scuba") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Dive Into Scuba's advertising, or any related purchase shall be resolved exclusively and finally by binding arbitration. The arbitration will be limited solely to the dispute or controversy between Customer and Dive Into Scuba. Any award of the arbitrators shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
Applicable Law, Not for Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale.
Service and Support. Dive Into Scuba will provide general technical support to Customer in the United States, in accordance with the then current technical support policies in effect. Service offerings may vary from product to product. Dive Into Scuba has no obligation to provide service or support until Dive Into Scuba has received full payment for the product or service/support contract for which service or support is requested.
January 2006
|