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 IDC Diving Centre Ltd. that will be provided to you (“Customer”) on orders for scuba equipment and/or related products and/or services and support sold by IDC Diving Centre Ltd. in Canada. By accepting delivery of the scuba equipment, other products and/or services and support described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. If for any reason you are not satisfied with your IDC Diving Centre Ltd. purchase, you may return the system under the terms and conditions of IDC Diving Centre Ltd.’s return policy.
THESE TERMS AND CONDITIONS APPLY (I) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH IDC Diving Centre Ltd. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) UNLESS OTHER IDC Diving Centre Ltd. STANDARD TERMS APPLY TO THE TRANSACTION.
These terms and conditions are subject to change without prior written notice at any time, in IDC Diving Centre Ltd.’s sole discretion.
- Other Documents. Other than as specifically provided in any separate formal purchase agreement between Customer and IDC Diving Centre Ltd., 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 IDC Diving Centre Ltd.
- Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE PROVINCE OF BRITISH COLUMBIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
- Payment Terms; Orders; Quotes; Interest. Terms of payment are within IDC Diving Centre Ltd..com’s sole discretion, and unless otherwise agreed to by IDC Diving Centre Ltd, payment must be received by IDC Diving Centre Ltd. prior to IDC Diving Centre Ltd. 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 IDC Diving Centre Ltd. has agreed to credit terms. IDC Diving Centre Ltd. may invoice parts of an order separately. Orders are not binding upon IDC Diving Centre Ltd. until accepted by IDC Diving Centre Ltd. Any quotations given by IDC Diving Centre Ltd. will be valid for the period stated on the quotation. All items quoted by IDC are subject to availability. 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 Shipping rate and if the Customer wants an exact shipping quote before the order is shipped, they should email us, or add notes to that effect in the notes section of the order. Unless Customer provides IDC Diving Centre Ltd. with a valid and correct tax exemption certificate applicable to the product ship-to location prior to IDC Diving Centre Ltd. acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, except for IDC Diving Centre Ltd. taxes on IDC Diving Centre Ltd. net income. If applicable, a separate charge for taxes will be shown on the invoice.
- Title; Risk of Loss. Title to products passes from IDC Diving Centre Ltd. to Customer on shipment from IDC Diving Centre Ltd. facility. Loss or damage that occurs during shipping by a carrier selected by IDC Diving Centre Ltd. is IDC Diving Centre Ltd. 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. IDC Diving Centre Ltd. MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN IDC Diving Centre Ltd. APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND IDC Diving Centre Ltd. WILL BE OBLIGATED TO HONOUR ANY SUCH WARRANTIES, ONLY UPON IDC Diving Centre Ltd. RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
- Return Policies
- Return Policies (Equipment): Any equipment, apparel, etc purchased from IDC Diving Centre Ltd. 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 clean and unused – and is delivered to IDC Diving Centre Ltd. in as new condition within 14 days of purchase. If Customer has received our free shipping promotion, the cost of the original shipping will be deducted from your refund. To assist our Christmas shoppers, any items purchased from November 21st until December 24th, can be returned in new condition with all original packaging until January 5th, or 14 days after purchase – whichever time period is longer.
- Return Policies (Courses): A completed PADI medical form is required for any and every diving course with IDC. When signing up for a course online you will be asked to view this form and confirm that you meet the health requirements it outlines before proceeding to payment. If you do have any medical concerns as outlined by this form, you must take the entire form to a physician and have them confirm and sign on the second page of the form that you are physically and mentally capable of scuba diving. If you confirm online, by phone or in person prior to your course that you can honestly answer “NO” to all the questions on the PADI Medical form and then do answer “YES” at the beginning of the course without a physician’s documented clearance you will be unable to attend the pool session and not eligible for a refund. If you wish to proceed in a subsequent course there will be an additional “Course Transfer Fee”. If you decide to cancel your course you will be charged the cost of the materials and shipping cost for said materials if we had to send them out to you. You will also be charged a cancellation fee of $125.00. Please note that when you register for a course you are securing a spot in a specific course out of a limited number of spaces available; with a minimum number of 48 hours notice we will be able to move you to another course (space permitting) at no additional cost. However, if you give us less than 48 hours notice there will be a $100.00 course transfer fee.
- Exchanges: From time to time, IDC Diving Centre Ltd. may, at its sole discretion, exchange products or portions of a product. Any exchanges must be made within 14 days of receiving product, and all original packaging, tags and literature must accompany returned products and all products must be in as new condition. Please note that when an item is being exchanged due to sizing reasons, IDC will provide free regular or expedited shipping on a one-time exchange within 14 days of receiving original purchase. Additional exchanges will be subject to shipping fees. To assist our Christmas shoppers, any items purchased from November 20th until December 24th, can be exchanged in new condition with all original packaging until January 5th, or 14 days after purchase – whichever time period is longer. If you wish to exchange please contact us as soon as possible. IDC will not accept items shipped back without communication from the Customer prior to IDC receiving exchanged item.
- Shortages and Shipping Damage: It is the responsibility of the Customer to check all packages for accuracy of contents within 48 hours of receipt. No items shall be invoiced unless shipped. If any shortages occur, it is the responsibility of the customer to contact IDC Diving Centre Ltd. with 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: IDC Diving Centre Ltd. continually upgrades and revises its products and service offerings to provide IDC Diving Centre Ltd. 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.
- IDC Diving Centre Ltd. acts as a retailer. Any warranty and technical support provided on third-party products purchased through IDC Diving Centre Ltd. are provided by the original manufacturer and not by IDC Diving Centre Ltd. 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. IDC Diving Centre Ltd. 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. IDC Diving Centre Ltd. WILL NOT BE LIABLE 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, IDC Diving Centre Ltd. 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. IDC Diving Centre Ltd. 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 IDC Diving Centre Ltd, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, “IDC Diving Centre Ltd.”) 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), IDC Diving Centre Ltd. 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 IDC Diving Centre Ltd. 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. IDC Diving Centre Ltd. will provide general technical support to Customer in Canada & the United States, in accordance with the then-current technical support policies in effect. Service offerings may vary from product to product. IDC Diving Centre Ltd. has no obligation to provide service or support until IDC Diving Centre Ltd. has received full payment for the product or service/support contract for which service or support is requested.