Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and Sea-View Diving. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to “you” or “your” shall relate to the Customer; references to “Sea-View Diving” or “Seller” shall relate to Sea-View Diving and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
Any offer made by Sea-View Diving (Seller) to sell goods is subject to these terms and conditions unless expressly agreed to by the Seller in writing.
B. Changes, Cancellations and Returns
1. Orders placed and accepted by Seller are not subject to change or cancellation by the purchaser unless Seller consents in writing.
Restocking after packing but before shipping subject to a 5% restocking fee.
2. All sales are final, no cash refunds will be issued.
Seller may, under special circumstances, accept returns at seller’s discretion. Returns will be limited in quantity, and all goods must be in original packaging, and in new, unused condition. Any credit will be in the form of company credit only good for other goods purchased within 12 months of authorized return. Purchaser is responsible for all return shipping charges. We will in some circumstance though if the customer does not want a company credit, offer a cash refund with a 30% restocking & shipping fee subtracted from the refund.
3. Any deposits for special order or custom color products are non-refundable.
If order is canceled deposit is forfeited.
4. Products may not be returned to the Seller unless Seller agrees in writing and a Return Merchandise Authorization (RMA) number is issued.
Shipments without RMA # will not be accepted. When returns have been authorized by the Seller and the item was to the purchaser directly from the manufacturers distribution center, the item must be shipped directly back to the manufacturers distribution center not to Sea-View Diving. If the item was not shipped directly from the manufacturers distribution center then ship the item back to Sea-View Diving.
C. Prices, Taxes, Minimum Order
All prices, unless specified in writing by the Seller are FOB (freight-on-board) from points designated by the Seller. Prices illustrated do not reflect or include any and all excise, sales, use, personal property, inventory, VAT, importing taxes, charges or levies imposed or which may be imposed on or in connection with the sale or use of goods sold by Seller to the purchaser. Prices do not reflect or include shipping and handling charges, which are paid in addition to product. Price quotes are subject to change without notice. Typographical errors that may appear in this document are subject to correction and change without notice. After acceptance, price terms are subject to increase to cover cost increases, including increases in any applicable duties or tariffs.
Orders are not binding upon Sea-View Diving until accepted by Sea-View Diving. Terms of payment are within Sea-View Diving’s sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Sea-View Diving may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for sales and all other taxes associated with the order.
Canadian Customer Pricing: Canadian customers can pay in Canadian dollars if you so choose. The prices shown on the product details page are firstly based upon the US Dollar price though. The figure listed for Canadian dollars (if displayed) is an approximation and is not up to date with the daily exchange rates. The up to date current exchange rate price in Canadian dollars is displayed when you click “Buy Now” and then use the pull down box to choose “Canadian” dollars then press Validate. The next page shows the price that will be charged to you in Canadian Dollars and may differ slightly to the price shown on the products details page.
D. Payment Terms
All terms are Cash, Check, Money Order or credit card. Sea-View Diving accepts Master Card and VISA credit cards and the Paypal secure payment system. Please use the pull down box to validate whether you want to pay in US dollars or Canadian Dollars. For the Customer’s protection, we only accept orders in which the shipping address matches the verified billing address of the Customer’s credit card. All returned checks are subject to $50 handling fee. All orders held until check has been cleared through the banks (7-10 days). Money Orders must be cashable at Canadian banks.
Shipments by either Regular Mail (Lettermail), Rapid Mail (Expedited) or Express (Courier) method are at customer’s expense. Delivery to carrier constitutes delivery to purchaser. Shipments are to be inspected upon receipt. All claims for goods damaged during shipping are between customer and carrier only. Each shipment should be counted and inspected upon receipt; shortages are to be reported in writing Sea-View Diving within five (5) days of receipt.
Prices illustrated do not reflect or include any and all excise, sales, use, personal property, inventory, VAT, importing taxes, charges or levies imposed or which may be imposed on or in connection with the sale or use of goods sold by Seller to the purchaser.
Shipments into Canada from the United States: Some items may be shipped from headquarters in the US so duty (if any), brokerage, HST is payable upon entrance into Canada to the shipping company. Canadian customers will not be charged HST on your initial sales invoice by Sea-View Diving for these items since you will be paying for it when you receive it from the shipping company.
Shipments into the United States from Canada: Some items may be shipped from headquarters in the Canada so duty (if any), brokerage and state or federal taxes are payable upon entrance into the United States to the shipping company. United States customers will not be charged any taxes on your initial sales invoice by Sea-View Diving for these items. You may have be pay for it when you receive it from the shipping company depending upon you local tax and duty laws.
F. General Policies
1. Backorders over 60 days will be cancelled, unless special order item.
2. Special orders, including orders for specific product colors for computers, dry suits, cylinders, that require a deposit are non-cancelable, non-refundable.
G. Force Majeure
Sea-View Diving shall have no liability to the purchaser for any delay or failure in carrying out its obligations to the purchaser for reasons beyond the Seller’s control, including, without limitation, acts of God, war, natural disaster, labor disputes, customs delays, changes in compliance with laws, regulations or governmental policies and shortages of supplies or services. Seller may extend delivery until such delay has been removed or, at its option, cancel the undelivered portion of any order affected by such delays, without liability to the purchaser except for the return of any payment made by the purchaser to the Seller with respect to any undelivered portion of the order that has been cancelled. All refunds are made by company check, and purchaser agrees that all disputes will be handled directly with the Seller, and will not reverse or dispute charges with credit card issuers for refunds.
H. Warranty and Limitation of Liability
1. Seller warrants to the purchaser that goods sold by the Seller to the purchaser will be free from manufacturing defects in materials and workmanship when goods are properly applied for proper use.
2. Except as expressly set forth in Section 1, or in writing delivered by company to the purchaser, company makes no warranties to the purchaser, written or oral, express, implied, or statutory, in any manner or form whatsoever, including but not limited to any warranties of merchantability for any particular use or purpose, which are hereby expressly disclaimed.
3. Products supplied with a Warranty Registration Card must be returned by the end user to validate Warranty Terms and Conditions of the warranty period. Warranty does not apply to goods that have been subject to abuse, misuse, neglect, improper installation, improper use or alterations after delivery to the carrier for shipment to the Purchaser. Seller makes no warranty as to the useful life of the goods. At Seller’s request, the purchaser shall return goods to the Seller at its offices for verification that the warranty set forth in this agreement as limited by this document is applicable.
4. The Seller, at its sole discretion, will repair or replace items that are covered under the warranty. No refunds are ever issued for items returned under the warranty provisions. Seller shall have no liability with respect to warranty claims made by the purchaser one year after the Seller’s sale of the goods involved to the purchaser. In no event shall the Seller be liable to the purchaser for any special, incidental or consequential damages.
1. The purchaser’s rights, duties and clams under these terms and conditions may not be assigned, transferred or delegated without prior written permission of the Seller in each instance.
2. These terms and conditions and any contract of sales between the Seller and the Purchaser shall be governed by the laws of the province of Ontario, Canada.
3. If any provisions contained in these terms and conditions or any contract of sale between the Seller and the Purchaser or any portion of any such position is held to be unenforceable or invalid, the remaining provisions and portions shall be carried into effect.
4. Headings contained in this document are for convenience only, and do not in any way interpret, limit or amplify the scope, intent, extent or any of the provisions contained herein.
Important Information About This Legal Contract
This Sale Agreement constitutes the entire agreement between the Customer and Sea-View Diving relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by Sea-View Diving. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Sea-View Diving at the address provided below.
In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE PROVINCE OF ONTARIO, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR PROVINCIAL COURTS LOCATED IN BRANT COUNTY, FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by Sea-View Diving is Sea-View Diving’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility. Title to software will remain with the applicable licensor(s).
If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country. In addition, manufacturers’ warranties for exported goods may vary or even be null and void for goods exported outside Canada. The Customer should inquire further regarding any questions. Any and all liability is only for the products purchased.
General Legal Disclaimer
Sea-View Diving HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY Sea-View Diving IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER’S WARRANTY, IF ANY.
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Third-Party Product and Y2K Disclaimer
All products sold by Sea-View Diving are third party products and are subject to the warranties and representations of the applicable manufacturers, including but not limited to Y2K compliance. Accordingly, Sea-View Diving makes no representation or warranty with respect to the Y2K compliance of products sold.
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) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), Sea-View Diving’s advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure of ARBITRATION-FORUM.COM (the “Code”) in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision included in this Sale Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Brantford, . Judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration