This Agreement contains the terms and conditions that apply to purchases by customers from The Scuba Coach Pty Ltd (“The Scuba Coach”) that will be provided to you (“Customer”) on orders for scuba equipment and/or related products and/or services and support sold by The Scuba Coach in Australia. By accepting delivery of the scuba equipment, other products and/or services and support described on that invoice, the Customer agrees to be bound by and accepts these terms and conditions. If for any reason you are not satisfied with your purchase, you may return the products under the terms and conditions of our return policy. THESE TERMS AND CONDITIONS APPLY (I) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH THE SCUBA COACH, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) UNLESS OTHER THE SCUBA COACH STANDARD TERMS APPLY TO THE TRANSACTION.
These terms and conditions are subject to change without prior written notice at any time, in The Scuba Coach’s sole discretion.
- Other Documents. Other than as specifically provided in any separate formal purchase agreement between Customer and The Scuba Coach, 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 The Scuba Coach.
- Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF AUSTRALIA.
- Payment Terms; Orders; Quotes; Interest. Terms of payment are within The Scuba Coach’s sole discretion, and unless otherwise agreed to by The Scuba Coach, payment must be received prior to our acceptance of an order. Payment for the products and services and support may be made by credit card or bank deposit unless The Scuba Coach has agreed to credit terms. The Scuba Coach may invoice parts of an order separately. Orders are not binding upon The Scuba Coach until accepted by The Scuba Coach. Any quotations given by The Scuba Coach 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; Taxes. Separate charges for shipping will be shown on the invoice(s). All orders from within Australia are subject to GST.
- Risk of Loss. Title to products passes from The Scuba Coach to Customer on shipment from The Scuba Coach’s facility. Loss or damage that occurs during shipping by a carrier selected by The Scuba Coach is The Scuba Coach’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 SERVICES. THE SCUBA COACH MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THE SCUBA COACH’S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND THE SCUBA COACH WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON THE SCUBA COACH’S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
- Return Policies. Any equipment purchased from The Scuba Coach may be returned for a refund of the cost of the product, excluding any shipping charges, if returned with all original packaging and literature as long as the product is not used and is delivered to The Scuba Coach within 14 days of purchase. PADI electronic course products are deemed as used upon redemption and are not eligible for return or refund under any circumstances.
- Exchanges. The Scuba Coach will exchange products or portions of a product within 30 days of purchase as long as the product is in not used in any way. Exchanges do not apply to any custom ordered or custom fit items and all original packaging and literature must accompany returned products and all products must be in their new condition.
- Shortages and Shipping Damage. It is the responsibility of the Customer to check all packages for accuracy of contents within 48 hours of receipt. If any shortages occur, it is the responsibility of the Customer to contact The Scuba Coach within 48 hours of receipt of package to file a claim for missing goods. In the case of shipping damage, the Customer will file a claim with the shipper.
- Products. The Scuba Coach continually upgrades and revises its products and service offerings to provide 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.
- The Scuba Coach acts as a retailer. Any warranty and technical support provided on third-party products purchased through The Scuba Coach are provided by the original manufacturer and not by The Scuba Coach. 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. THE SCUBA COACH 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. THE SCUBA COACH 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, THE SCUBA COACH 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. SCUBA DIVING EQUIPMENT SHOULD ONLY BE USED BY CERTIFIED SCUBA DIVERS OR STUDENTS UNDER DIRECT SUPERVISION OF THEIR INSTRUCTOR. THE SCUBA COACH DOES NOT ACCEPT LIABILITY FOR THE USE OF SCUBA EQUIPMENT BY NON-CERTIFIED INDIVIDUALS.
- 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 THE SCUBA COACH, its agents, employees, contractors, successors, assigns or affiliates (collectively for purposes of this paragraph, “The Scuba Coach”) 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), The Scuba Coach’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 The Scuba Coach. 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 competent jurisdiction.
- Service and Support. The Scuba Coach will provide general technical support to Customer in Australia, in accordance with the then-current technical support policies in effect. Service offerings may vary from product to product. The Scuba Coach has no obligation to provide service or support until The Scuba Coach has received full payment for the product or service/support contract for which service or support is requested.
- Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
Last updated on 1 March, 2016.