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 Sea The World website that will be provided to you (“Customer”) on orders for scuba equipment and/or related products and/or services and support sold by Sea The World. By accepting delivery of the scuba equipment, other products and/or services, and support described on the invoice, the Customer agrees to be bound by and accepts these terms and conditions. If for any reason you are not satisfied with your Sea The World purchase, you may return the purchased item(s) under the terms and conditions of Sea The World return policy.
THESE TERMS AND CONDITIONS APPLY (I) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH Sea The World, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) UNLESS OTHER Sea The World STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in Sea The World sole discretion.
Other Documents
Other than as specifically provided in any separate formal purchase agreement between Customer and Sea The World, 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 Sea The World.
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 Sea The World sole discretion, and unless otherwise agreed to by Sea The World, payment must be received by Sea The World prior to Sea The World 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 Sea The World has agreed to credit terms. Sea The World may invoice parts of an order separately. Orders are not binding upon Sea The World until accepted by Sea The World. Any quotations given by Sea The World 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, the Customer shall email Sea The World or add notes to that effect in the notes section of the order. Unless Customer provides Sea The World with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Sea The World acceptance of the order, the Customer is responsible for sales tax and all other taxes associated with the order, except for Sea The World taxes on Sea The World net income. If applicable, a separate charge for taxes will be shown on the invoice.
Risk of Loss
Title to products passes from Sea The World to Customer on shipment from Sea The World facility. Loss or damage that occurs during shipping by a carrier selected by Sea The World is Sea The World responsibility. Loss or damage that occurs during shipping by a carrier selected by the Customer is the Customer’s responsibility. Customer shall NOT attempt to change shipping address after Sea The World 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. Sea The World MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN Sea The World APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND Sea The World WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES ONLY UPON Sea The World 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 Sea The World within Forty-Eight (48) hours of receipt of the package to file a claim for missing goods. In the case of shipping damage, the Customer shall file a claim with the shipper.
Products
Sea The World continually upgrades and revises its products and service offerings to provide Sea The World customers with new products and service offerings. In the event that an ordered product is out of stock or the product is priced incorrectly, the Customer will be contacted and offered a full refund prior to any substitution.
Retailer
Sea The World acts as a retailer. Any warranty and technical support provided on third-party products purchased through Sea The World are provided by the original manufacturer and not by Sea The World. 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
Sea The World 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. Sea The World 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, Sea The World 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. Sea The World 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 Sea The World, ITS AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY FOR PURPOSES OF THIS PARAGRAPH “Sea The World”) 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), Sea The World 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 Sea The World. 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
Sea The World 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. Sea The World has no obligation to provide service or support until Sea The World has received full payment for the product or service/support contract for which service or support is requested.
Privacy
All transactions through Sea The World are governed by Sea The World Privacy Policy which is incorporated into this Agreement by this reference.
Indemnity
Customer agrees to indemnify and hold harmless Sea The World, 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 Sea The World harmless from and shall indemnify Sea The World 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 the 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.
