Terms and Conditions of Sale
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 Rockfish Divers that will be provided to you (“Customer”) on orders for scuba equipment and/or related products and/or services and support sold by Rockfish Divers 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 Rockfish Divers purchase, you may return the system under the terms and conditions of Rockfish Divers return policy.
THESE TERMS AND CONDITIONS APPLY (I) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH ROCKFISH DIVERS IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) UNLESS OTHER ROCKFISH DIVERS STANDARD TERMS APPLY TO THE TRANSACTION.
These terms and conditions are subject to change without prior written notice at any time, at Rockfish Diver's sole discretion.
THESE TERMS AND CONDITIONS APPLY (I) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH ROCKFISH DIVERS IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) UNLESS OTHER ROCKFISH DIVERS STANDARD TERMS APPLY TO THE TRANSACTION.
These terms and conditions are subject to change without prior written notice at any time, at Rockfish Diver's sole discretion.
- Other Documents. Other than as specifically provided in any separate formal purchase agreement between Customer and Rockfish Divers, 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 Rockfish Divers.
- 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 RockfishDivers.com’s sole discretion, and unless otherwise agreed to by Rockfish Divers, payment must be received by Rockfish Divers prior to Rockfish Divers 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 Rockfish Divers has agreed to credit terms. Rockfish Divers may invoice parts of an order separately. Orders are not binding upon Rockfish Divers until accepted by Rockfish Divers. Any quotations given by Rockfish Divers 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 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 Rockfish Divers with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Rockfish Divers acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, except for Rockfish Divers taxes on Rockfish Divers net income. If applicable, a separate charge for taxes will be shown on the invoice.
- Title; Risk of Loss. Title to products passes from Rockfish Divers to Customer on shipment from Rockfish Divers facility. Loss or damage that occurs during shipping by a carrier selected by Rockfish Divers is Rockfish Divers 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. ROCKFISH DIVERS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN ROCKFISH DIVERS APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND ROCKFISH DIVERS WILL BE OBLIGATED TO HONOUR ANY SUCH WARRANTIES, ONLY UPON ROCKFISH DIVERS RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
- Return Policies
- Return Policies(Equipment Sales). Any equipment purchased from Rockfish Divers 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 not used – and is delivered to Rockfish Divers in as new condition within 14 days of purchase. To assist our Christmas shoppers, any items purchased from November 10th 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”. 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 or you are making up part of a minimum number of students required for a course to run. Any cancellations for non-medical reasons will incur a rescheduling fee. In the case of cancellation due to medical reasons, a physician's note may be required.
- Return Policies (Charters). Due to the nature of charters, no refunds are available within 24 hours of the charter departure time, unless we can fill your spot on the vessel. Sometimes charters are full, and customers are turned away, in other cases, a minimum number of divers is required for the boat to depart; cancelling an entire charter the morning of a charter due to a cancellation is not possible. Depending on the situation, we may be able to provide a discounted rate on a future charter date.
- Return Policies (Rental Equipment). Once rentals have been rented and have left the store, no refunds are available. If you have not used your cylinders, whether you have used the air in them or not, no credits or returns are available, as we are no longer able to rent those cylinders. If you have rented equipment in advance, we require 24 hours notice. Sometimes our rental equipment is all rented out (or specific sizes) and customers are turned away. Depending on the situation, we may be able to provide a discounted rate on a future rental.
- Exchanges. From time to time, Rockfish Divers may, in its sole discretion, exchange products or portions of a product. Any exchanges must be made within 14 days of purchase, and all original packaging and literature must accompany returned products and all products must be in as new condition. 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.
- 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 Rockfish Divers 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. Rockfish Divers continually upgrades and revises its products and service offerings to provide Rockfish Divers 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.
- Retailer Only. Rockfish Divers acts as a retailer. Any warranty and technical support provided on third-party products purchased through Rockfish Divers are provided by the original manufacturer and not by Rockfish Divers. 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. ROCKFISH DIVERS 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. ROCKFISH DIVERS 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, ROCKFISH DIVERS 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. ROCKFISH DIVERS 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 Rockfish Divers, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, “Rockfish Divers”) 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), Rockfish Divers 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 Rockfish Divers. 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. Rockfish Divers 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. Rockfish Divers has no obligation to provide service or support until Rockfish Divers has received full payment for the product or service/support contract for which service or support is requested.