Terms and Conditions of Sale
A. Terms & Currency
Any offer made by A-1 Scuba Diving and Snorkeling Adventures / A1ScubaGear.com (Seller) to sell goods is subject to these terms and conditions unless expressly agreed to by the Seller in writing. All references to prices and charges are in US Dollars ($ USD).
B. Prices, Taxes, Minimum Order
All prices, whether wholesale or retail , 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. Prices 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. Wholesale prices are based upon variable quantity dealer orders. Discounts from MSRP are based upon quantity ordered per shipment.
C. Payment Terms
All terms are Cash, Check, Prepayment, Wire Transfer or credit card. A-1 Scuba Diving and Snorkeling Adventures accepts Master Card, VISA, and Discover credit cards. All orders to be paid in US Dollars. All returned checks are subject to a bank charge and service fee of Fifty Dollars ($50.00) . We do not presently accept Non-US bank checks. All orders will be held until your check has cleared our bank and collection of funds from your bank.
Shipments by Airborne Express, Parcel Post, Ground, Freight, UPS Ground, Fed Ex Ground, UPS Blue, Red, or Orange Label Service or other expedited 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 to A-1 Scuba Diving and Snorkeling Adventures (Seller) within five (5) days of receipt.
E. General Policies
1. Back-orders over 60 days may be cancelled, unless special order item. It is advisable in such case to reconfirm your order with A-1 Scuba Diving and Snorkeling Adventures / A1ScubaGear.com (Seller) to ensure that we are still seeking your item from the manufacturer.
2. Prices listed are subject to change without notice.
3. Special orders, Custom orders and "Pre-Order" items, including orders for specific products not in our general stocking, All Drysuits, Custom Wetsuits, some BC harnesses, bladders and wings, any item requiring special sizing alteration or customization, Cylinders and Tanks, and most Tank Manifolds, require full prepayment and are non-cancelable and non-refundable, except at the Seller's option.
4. All orders from countries, territories or provinces outside the continental United States are non-cancelable and non-refundable. All manufacturer warranties that are applicable will still be in effect and available to the customer/purchaser.
F. 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 15% to 20% restocking fee.
2. Returns. Any item with the exception of custom orders, special order items, used goods, books/videos & training materials, and items excluded in General Policies above may be returned within 30 days for an exchange, Credit or an unconditional money-back guarantee. Items must be in original packaging, unused, and undamaged. Restocking fees and Shipping & Handling charges may apply.
3. Any deposits for special order or custom color products, Drysuits, and Custom Wet suits are non-refundable. If order is canceled deposit is forfeited.
4. Products may not be returned without a Return Merchandise Authorization (RMA). Please contact us in writing to obtain an RMA, include your reason for returning the product. Shipments without a RMA # will not be accepted.
5. Export orders may not be cancelled once order is accepted by A-1 Scuba Diving and Snorkeling Adventures /A1ScubaGear.com (Seller). Additions to export orders will be completed on a separate order and billed separately.
G. Force Majeure
A-1 Scuba Diving and Snorkeling Adventures / A1ScubaGear.com (Seller) 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, shortages of supplies or services, and price or availability changes by product manufacturers and suppliers. 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 A-1 Scuba Diving and Snorkeling Adventures (Seller) company check, and purchaser agrees that all disputes are handled directly with the company, A-1 Scuba Diving and Snorkeling Adventures (Seller), and customer expressly agrees it or they will not reverse or dispute charges with credit card issuers for refunds.
H. Warranty and Limitation of Liability
1. Seller provides to purchaser all warranties given by the respective products' Manufacturer or Distributor, which generally include that goods sold by the Manufacturer or Distributor 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 A-1 Scuba Diving and Snorkeling Adventures / A1ScubaGear.com (Seller) to the purchaser, A-1 Scuba Diving and Snorkeling Adventures / A1ScubaGear.com (Seller) 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. Most warranty issues are handled, however, pursuant to the directions and policies of the various Manufacturers and Distributors of the products offered and sold by A-1 Scuba Diving and Snorkeling Adventures / A1ScubaGear.com. Purchaser understands that A-1 Scuba Diving and Snorkeling Adventures / A1ScubaGear.com is not a Manufacturer of products. No refunds are issued for items returned under the warranty provisions unless specifically authorized by the Manufacturer or Original Distributor of the product. 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 claims under these terms and conditions may not be assigned, transferred or delegated without prior written permission of the Seller in each instance.
2. It is specifically understood and agreed by the Purchaser that this sale constitutes and forms a contract for purchase and sale between Purchaser and Seller, that the Contract and sale of goods or is being concluded in the State of Pennsylvania and that these terms and conditions shall be governed exclusively by the laws of the State of Pennsylvania.
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 remain valid and in full force and 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 of any of the provisions contained herein.
Any questions concerning our policies should be made in writing, and will be responded to. These terms and conditions are subject to change without notice. Please review these terms from time to time.