Terms and Conditions


PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY 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 from the Divers' Supply Indy 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 Divers' Supply Indy. 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 Divers' Supply Indy purchase, you may return the purchased item(s) under the terms and conditions of Divers' Supply Indy return policy.

THESE TERMS AND CONDITIONS APPLY (I) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH Divers' Supply Indy, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) UNLESS OTHER Divers' Supply Indy STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in Divers' Supply Indy sole discretion.

Other Documents
Other than as specifically provided in any separate formal purchase agreement between Customer and Divers' Supply Indy, 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 Divers' Supply Indy.

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.

Payment Terms
Orders; Quotes; Interest. Terms of payment are within Divers' Supply Indy sole discretion, and unless otherwise agreed to by Divers' Supply Indy, payment must be received by Divers' Supply Indy prior to Divers' Supply Indy 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 Divers' Supply Indy has agreed to credit terms. Divers' Supply Indy may invoice parts of an order separately. Orders are not binding upon Divers' Supply Indy until accepted by Divers' Supply Indy. Any quotations given by Divers' Supply Indy 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). 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 Divers' Supply Indy or add notes to that effect in the notes section of the order. Unless Customer provides Divers' Supply Indy with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Divers' Supply Indy acceptance of the order, the Customer is responsible for sales tax and all other taxes associated with the order, except for Divers' Supply Indy taxes on Divers' Supply Indy net income. If applicable, a separate charge for taxes will be shown on the invoice.

Risk of Loss
Title to products passes from Divers' Supply Indy to Customer on shipment from Divers' Supply Indy facility. Loss or damage that occurs during shipping by a carrier selected by Divers' Supply Indy is Divers' Supply Indy 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 Divers' Supply Indy has accepted Customer’s order.

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. Divers' Supply Indy MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN Divers' Supply Indy APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND Divers' Supply Indy WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES ONLY UPON Divers' Supply Indy RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. 

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 Divers' Supply Indy 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.

Products
Divers' Supply Indy continually upgrades and revises its products and service offerings to provide Divers' Supply Indy customers with new products and service offerings. In the event that an ordered product is out of stock or product is priced incorrectly, Customer will be contacted and offered a full refund prior to any substitution.

Retailer
Divers' Supply Indy acts as a retailer. Any warranty and technical support provided on third-party products purchased through Divers' Supply Indy are provided by the original manufacturer and not by Divers' Supply Indy. 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
Divers' Supply Indy 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. Divers' Supply Indy 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, Divers' Supply Indy 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. SCUBA DIVING EQUIPMENT SHOULD ONLY BE USED BY CERTIFIED SCUBA DIVERS. Divers' Supply Indy DOES NOT ACCEPT LIABILITY FOR THE USE OF SCUBA EQUIPMENT BY NON-CERTIFIED INDIVIDUAL.

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 Divers' Supply Indy, ITS AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY FOR PURPOSES OF THIS PARAGRAPH “Divers' Supply Indy”) 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, RELATIONSHIP WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), Divers' Supply Indy 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 Divers' Supply Indy. 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.

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.

Service and Support
Divers' Supply Indy 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. Divers' Supply Indy has no obligation to provide service or support until Divers' Supply Indy has received full payment for the product or service/support contract for which service or support is requested.

Privacy
All transactions through Divers' Supply Indy are governed by Divers' Supply Indy Privacy Policy which is incorporated into this Agreement by this reference.

Indemnity
Customer agrees to indemnify and hold harmless Divers' Supply Indy, 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 Divers' Supply Indy harmless from and shall indemnify Divers' Supply Indy 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.

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.
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