ALL SALES ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
Customer acknowledges agreement with these Terms of Sale by the placement of an order to purchase a Product from PowerDive
All Sales Made In Western Australia.
All sales shall be deemed made in the State of Western Australia, regardless of the location of the Customer.
The Customer agrees that any dispute with PowerDive arising out of the Customer's purchase from PowerDive shall be brought by the Customer exclusively in the state or federal courts situated in the State of Western Australia; and the Customer hereby agrees that such venue is appropriate and that PowerDive's agreement to sell and deliver products to the Customer is dependent on this provision.
(a) Prices are listed in PowerDive’s catalogs and Web site, and are subject to change without notice. Prices for certain governmental, corporate and institutional customers may be set forth in a bid or other written agreement between the parties.
(b) Payment is due before shipment, unless credit terms have been arranged in advance with PowerDive's Credit Department. In such case, payment terms shall be as set forth in the credit agreement.
(c) All prices are exempt of sales tax, except for sales made to Australian residents where GST is included in the price.
Placing An Order And Payment
You may order via the secure online shopping cart, phone, and fax or in Person. We except MasterCard, Visa, Cheque and Direct Debit.
Shipping is free of charge worldwide. Freight is sent air transport except within Australia where is sent via road. A tracking number will be sent to you once your order has left. It is estimated to be 2 – 7 days delivery dependent of your location. Delivery times are estimates only and PowerDive shall not be liable for delays.
Vendor License Agreements.
Customer agrees to abide by all license provisions or end user agreement imposed by the manufacturer or publisher.
Products sold by PowerDive, may be exported from Australia only in accordance with the Export Administration Regulations. Diversion contrary to Australia law is prohibited. Customer warrants and represents that it is eligible to receive Products under Australian law and agrees to abide by any export or re-export restrictions imposed by the manufacturer or publisher.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL POWERDIVE BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR OPPORTUNITY.
Returns of Products are subject to PowerDive's current return policies, which are set forth in the catalogs, Web site, and shipping statement. Read Returns Policy below.
These Terms of Sale represent the complete and final agreement between the Customer and PowerDive for the matters set forth herein, and shall be supplemented only by the prices, quantity, and descriptions set forth in PowerDive's invoice for the relevant sale. Terms contained in Customers' purchase orders, offers to buy, terms and conditions, and the like shall have no effect.
(a) These Terms of Sale and any transactions made under them shall be interpreted by and be subject to the laws of the State of Western Australia.
(b) In the event any section or portion of a section of these Terms of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms of Sale, and the remaining terms shall continue in full force and effect.
(c) PowerDive shall not be responsible for damages or delays resulting from Acts of God, and from other actions, both governmental and otherwise, including but not limited to war, riot, seizure, and embargo.
(d)These Terms of Sale may be modified from time to time by PowerDive without notice, and are current as of the date of the then current catalog or Web site. Please refer to the current catalog or Web site.
WARRANTIES, GUARANTEES & RETURNS
All returns must be authorized by PowerDive within 30 days of the invoice date. Within thirty (30) days of purchase, we will replace or repair, at our sole discretion, any product that is deemed defective. After 30 days, the manufacturer's warranty process must be followed.
Please Note:Products are not returnable for credit.
All products manufactured by PowerDive are supplied with a 12month warranty from date of sale.
Errors and Omissions
PowerDive makes every effort to ensure the accuracy of the information published in our catalogs and on our Web site(s). However, the documents and graphics published on this site may contain technical inaccuracies or typographical errors. PowerDive makes no representations about the suitability of the information and graphics presented on this site. All such documents and graphics are provided "as is" without warranty of any kind.
If an error is made and a product is listed at an incorrect price, PowerDive shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, PowerDive shall immediately issue a credit in the amount of the incorrect price.
Note:We do not guarantee prices of our products listed on other Web sites or price engines.
Although no training is required to purchase a PowerDive machine in is highly recommended any person or persons have diver training and complete s diver’s medical exam before using a PowerDive machine.