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Terms & Conditions
This Agreement contains the terms and conditions that apply to purchases by customers from the Scubabasics.com website (“Scubabasics.com”) that will be provided to you (“Customer”) on orders for scuba equipment and/or related products and/or services and support sold by Scubabasics.com. By accepting delivery of the scuba equipment, other products and/or services and support described on the invoice, Customer agrees to be bound by and accepts these terms and conditions. If for any reason you are not satisfied youth your Scubabasics.com purchase, you may return the purchased item(s) under the terms and conditions of Scubabasics.com’s return policy.
THESE TERMS AND CONDITIONS APPLY (I) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH SCUBABASICS.COM, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) UNLESS OTHER SCUBABASICS.COM STANDARD TERMS APPLY TO THE TRANSACTION.
These terms and conditions are subject to change without prior written notice at any time, in Scubabasics.com’s sole discretion.
1. Other Documents. Other than as specifically provided in any separate formal purchase agreement between Customer and Scubabasics.com, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) 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 Scubabasics.com.
2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED IN ACCORDANCE WITH THE INTERNAL, LOCAL LAWS OF THE STATE OF INDIANA, UNITED STATES OF AMERICA, AND NOT ITS CONFLICTS LAWS OR RULES.
3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Scubabasics.com’s sole discretion, and unless otherwise agreed to by Scubabasics.com, payment must be received by Scubabasics.com prior to Scubabasics.com’ acceptance of an order. Payment for the products and services and support may be made by credit card, wire transfer, or some other prearranged payment method unless Scubabasics.com has agreed to credit terms. Scubabasics.com may invoice parts of an order separately. Orders are not binding upon Scubabasics.com until accepted by Scubabasics.com. Any quotations given by Scubabasics.com 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.
4. Shipping charges; Taxes. Separate charges for shipping will be shown on the invoice(s). When purchasing on our shopping cart, overseas orders may have an inaccurate shipping charge. We will charge the actual UPS or USPS rate and if the Customer wants an exact shipping quote before the order is shipped, Customer shall email Scubabasics.com or add notes to that effect in the notes section of the order. Unless Customer provides Scubabasics.com with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Scubabasics.com acceptance of the order, the Customer is responsible for sales tax and all other taxes associated with the order, except for Scubabasics.com’s taxes on Scubabasics.com’s net income. If applicable, a separate charge for taxes will be shown on the invoice.
5. Title; Risk of Loss. Title to products passes from Scubabasics.com to Customer on shipment from Scubabasics.com facility. Loss or damage that occurs during shipping by a carrier selected by Scubabasics.com is Scubabasics.com’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility. Customer shall NOT attempt to change shipping address after Scubabasics.com has accepted Customer’s order.
6. 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 SERVICES. SCUBABASICS.COM MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN SCUBABASICS.COM’ APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND SCUBABASICS.COM WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES ONLY UPON SCUBABASICS.COM’S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
7. Return Policies. Any equipment purchased from Scubabasics.com may be returned for a refund of the cost of the produce, excluding any shipping charges, if returned with all original packaging and literature so long as the product is not used—and is delivered to Scubabasics.com in as new condition within fourteen (14) days of purchase. To assist our Christmas shoppers, any items purchased from November 10th through December 24th can be returned in new condition with all original packaging until January 5th or fourteen (14) days after purchase—whichever time period is longer.
8. Exchanges. From time to time, Scubabasics.com may, in its sole discretion, exchange products or portions of a product. Any exchanges must be made within fourteen (14) days of purchase, and all original packaging and literature must accompany returned products and all products must be in new condition. To assist our Christmas shoppers, any items purchased from November 10th through December 24th can be returned in new condition with all original packaging until January 5th or fourteen (14) days after purchase—whichever time period is longer.
9. Shortages and Shipping Damage. It is the responsibility of the Customer to check all packages for accuracy of contents within Forty-Eight (48) hours of receipt. No items shall be invoiced unless shipped. If any shortages occur, it is the responsibility of the Customer to contact Scubabasics.com within Forty-Eight (48) hours of receipt of package to file a claim for missing goods. In the case of shipping damage, the Customer shall file a claim with the shipper.
10. Products. Scubabasics.com continually upgrades and revises its products and service offerings to provide Scubabasics.com 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.
11. Scubabasics.com acts as a retailer. Any warranty and technical support provided on third-party products purchased through Scubabasics.com are provided by the original manufacturer and not by Scubabasics.com. 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.
12. Limitation of Liability. SCUBABASICS.COM 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. SCUBABASICS.COM 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 ANY 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, SCUBABASICS.COM IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES IN EXCESS OF THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT. SUCBA DIVING EQUIPMENT SHOULD ONLY BE USED BY CERTIFIED SCUBA DIVERS. SCUBABASICS.COM DOES NOT ACCEPT LIABILITY FOR THE USE OF SCUBA EQUIPMENT BY NON-CERTIFIED INDIVIDUAL.
13. Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) AGAINST SCUBABASICS.COM, ITS AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY FOR PURPOSES OF THIS PARAGRAPH “SCUBABASICS.COM”) ARISING FROM OR RELATING TO THIS AGREEMENT, ITS INTERPRETATION, OR THE BREACH, TERMINATION OF VALIDITY THEREOF, THE RELATIONSHIPS WHICH RESULT FROM THIS AGREEMENT (INCLUDING, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPOS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), SCUBABASICS.COM’S ADVERTISING, OR ANY RELATED PURCHASES SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. THE ARBITRATION WILL BE LIMITED SOLELY TO THE DISPUTE OR CONTROVERSY BETWEEN CUSTOMER AND SCUBABASICS.COM. ANY AWARD OF THE ARBITRATOR(S) SHALL BE FINAL AND BINDING ON EACH OF THE PARTIES, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPTETENT JURISDICTION.
14. Applicable Law; Not for Resale. Customer agrees to comply with all applicable laws and regulations of the various states, the United States, and any other country where the product(s) may be shipped or used. Customer agrees and represents that it is buying for its own internal use only, and not for resale.
15. Service and Support. Scubabasics.com 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. Scubabasics.com has no obligation to provide service or support until Scubabasics.com has received full payment for the product or service/support contract for which service or support is requested.
16. Privacy. All transactions through Scubabasics.com are governed by Scubabasics.com’s Privacy Policy which is incorporated into this Agreement by this reference.
17. Indemnity. Customer agrees to indemnify and hold harmless Scubabasics.com, its subsidiaries, and affiliates, and their respective officers, agents, partners, and employees, from any loss, liability, claim, or demand, including reasonable attorney fees, made due to or arising out of or resulting from any misrepresentations or breach of warranty or covenant or obligation of or by Customer, or nonperformance of any obligation to be performed by Customer under this Agreement. Customer agrees to save and hold Scubabasics.com harmless from and shall indemnify Scubabasics.com for any and all damages, liabilities, or claims, including the actual costs and expense of defending and settling any such claim, for damage or liability arising out of Customer’s use and ownership of purchased product(s) or service/support. This Agreement to save and hold harmless, and to indemnify shall include any and all claims, or liabilities or damages asserted by any person, persons or entities, including, but not limited to, claims for injuries to persons or property arising out of Customer’s use and ownership of the purchased product(s) or service/support.
18. Headings. The headings of the several paragraphs herein are inserted for convenience in reference only and are not intended by the parties to be a part of or to affect the meaning or interpretation of this agreement.
