ALTALENA Terms and Conditions
Drysuit Service and Drysuit-related Diving Equipment (210220)
A. DEFINITIONS
The following definitions apply to the terms and conditions set out below that govern all drysuit and related drysuit diving equipment service work between you and us.
“we”, “us” and ”our” means Altalena ACN 065 397 757 and its employees;
“you” and “your” means the end-user, a representative of the end-user or a dealer;
“dealer” means a wholesaler authorised to sell Poseidon Diving Systems, Si Tech or Ursuit;
“manufacturer” means Ursuit, Fourth Element, Waterproof, Bare, Hollis, Apeks, She-P, Si Tech and Poseidon Diving Systems;
“product” means drysuit, drysuit part, diving and diving related diving equipment, or protective equipment;
“EVA” means a drysuit evaluation including full visual inspection, complimentary pressure leak test and quote;
“service”, “servicing” means either labour, parts or consumables or any combination of these, and may include but are not limited to leak test, warranty and/or out-of-warranty service work;
“diving drysuit” means a suit that covers all or particular regions of the body and which is designed to prevent the ingress of water upon immersion;
“demo-drysuit” means a drysuit used underwater including but not limited to use for a try dive, demo dive or as a rental drysuit, before it is sold to an end-user;
“custom-fit drysuit” means a standard-size diving drysuit with sleeve length and/or trouser leg length altered either by the manufacturer or us;
“made-to-measure ” means a bespoke drysuit with modified panels to better fit the end-user’s specific body measurements while keeping the drysuit characteristics, style and cut;
“immersion suit” means either a drysuit designed to protect the user against the effect of cold water immersion by precluding the entry of water upon immersion; or a wetsuit designed to protect the user against the effect of cold water immersion by providing insulation and limiting the entry and exit of water upon immersion;
“anti-exposure suit” means an insulated or non-insulated suit constructed with waterproof materials;
“out of warranty” means that the warranty has expired;
B. THE PARTY WITH WHOM YOU ARE CONTRACTING
Your contract of after sales and warranty services is with Altalena. We are an authorised drysuit service centre for Ursuit, Fourth Element, Waterproof, Bare, Hollis, and an authorised service centre for Poseidon Diving Systems, Si Tech, Apeks and have been trained at the premises of the manufacturers overseas to provide after-sales and warranty services of Ursuit, Fourth Element, Waterproof, Bare, Hollis drysuits and Poseidon Diving Systems, Si Tech, Apeks equipment. You agree that we may have to provide the whole or any part of a service on the terms and conditions dictated by the manufacturer. We are not agent, employee or franchisee of the manufacturers or their parent, subsidiary and affiliated corporations. You further understand that our business activities are independent, and are neither owned nor operated by the manufacturers, and that while the manufacturers design and fabricate the product, and establish and dictate the spare parts and servicing procedures, we are not responsible for, nor have the right to control the manufacturers’ design, fabrication and established servicing procedures.
C. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS
By sending us your product for service you accept these terms and conditions on behalf of yourself and/or anyone else that has an interest in the service we provide. Our terms and conditions also cover and can be invoked by anyone we use to perform other services as well as our employees. Only our directors may agree to a variation of these terms and conditions in writing. When you give us the product with oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions.
D. SCOPE OF CONTRACT
These terms and conditions apply and will prevail unless a subsequent contract refers to, and specifically alters, those terms in writing.
E. PRICING
- Our prices are subject to change without notice.
- Our latest pricelist supersedes all previous pricelists.
- Our prices are inclusive of GST unless stated otherwise.
- Possession of our pricelist does not constitute acceptance of an offer to sell by us.
F. ORDERS
- You acknowledge proceeding with your order by signing and returning our quote or by sending a written acceptance with the quote attached and the wording “I give permission for Altalena to proceed as per quote”. Thus authorising us to start servicing.
- All special orders, that is any order outside normal stock lines or normal stocking quantities, will attract a 50% deposit at the time of order placement. All special orders are strictly non-returnable.
- Any backorders, that is any order for out-of-stock products, will attract a 50% deposit at the time of order placement. Backorders will incur a shipping charge.
- Any order cancellation must be in writing and subject to our approval.
- Returns of products, unopened and in their original packaging, where approved (other than deliveries made in error), will be subject to a 20% restocking charge. Any returns of products must have prior written approval from us.
- Return of any product is subject to the manufacturer and/or our warranty policy.
- The information provided on the website and in data sheets is for informational purposes only. We do not accept liability for any inaccuracies or omissions. We reserve the right to modify the information without prior notice.
- All of our printed or digital media, catalogues, brochures, pamphlets, pictures, technical files, style descriptions, presentations, designs, and drawings may illustrate or provide the latest updates on each product’s standards, design, or style features. However, the products delivered may comply with previous standards, designs, or style features.
- Actual colours of textiles may vary from the pictures, illustrations, online colours or printed ones.
G. PAYMENT TERMS
- Our quote/pro forma is valid for 14 days from the sent date.
- To secure the quoted price, we must receive your payment within the quote/pro forma validity period.
- We accept payments:
- Prepaid by cash, credit card, EFT, direct deposit into our bank account shown on the quote, pro forma or invoice.
- Credit card: Visa / MasterCard / American Express, will be charged a 2.25% processing fee.
- You must send us your remittance advice to ensure payment is allocated to the correct account in the correct manner.
- If payment does not reflect the quote/pro forma amount, a note must be included regarding any variations.
- Overseas cardholders may be charged for currency conversion by their card issuer when payments are processed in the overseas country’s official currency.
H. SERVICE COMPLETION TIMEFRAME
The servicing timeframe is based on the scope of work and its extent or complexity, and starts once we receive the product, the payment and if applicable the service form. Products are serviced in order of approval unless registered as Priority or Express service. The given timeframe is in business days.
The timeframe excludes days or downtime periods waiting for a reply from you or the manufacturer. Warranty service may take an additional 20-30 days.
I. DELIVERY
- All delivery dates are estimates only and the time of delivery time shall not be of the essence of the contract.
- In no circumstances we shall be liable to compensate you in damages or otherwise for non-delivery or late delivery of the product or any part thereof for whatever reason or for any loss whether direct, indirect, consequential or otherwise including, without limitation, any loss of profits, revenue or goodwill arising therefrom whether or not we have been advised of the possibility of such losses.
- Should we be prevented from or hindered in the delivery of the product or any part thereof due to a Force Majeure Event, the time of delivery shall be extended until the operation of the cause preventing or hindering delivery has ceased.
J. WARRANTY
- We take responsibility for the performed services done by us with a 90-day warranty from the invoice date.
- The products sold by us are covered as implied by law, or as implied by the manufacturer, from the date of purchase by the end-user, subject to the following conditions:
- That when the product is sold, it is sold as brand new.
- In some cases, warranty replacement products will be sent and invoiced in the first instance, to you. Upon receipt by us of the replaced products, all approved replacement warranty products will be re-credited to you.
- The fault was not caused by neglect, damage, accident, improper repair, or fair wear and tear.
- If an end-user insists on having a product serviced by a dealer or a third party, we will not be liable for any service charges, including labour or parts.
- Assessment of the validity of a warranty will be at the absolute discretion of the manufacturer and/or us.
- The warranty does not cover freight and handling charges.
- The warranty only covers repair or replacement. We make no representation as to suitability for use nor accept any responsibility for any accidental damage to persons or property. We shall not be liable for any contingent, consequential, direct/indirect or punitive damages arising, in relation to the ownership or use of the product, and you acknowledge this express limit or liability and agree to limit any claim accordingly.
- Electro-galvanic oxygen sensors are sold with no warranty or return policy due to uncertain handling after delivery.
K. GUARANTEES
Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
L. VARIATION OF THESE CONDITIONS
We reserve the right to amend these terms and conditions at any time without notice to you.
M. LAW AND JURISDICTION
In the event that any term or condition is declared invalid or unenforceable such a determination shall not affect the other provisions of these terms and conditions all of which remain in force. Disputes arising from or related to these terms and conditions shall be subject to and governed by the laws of New South Wales. Each party irrevocably submits to the non-exclusive jurisdiction of the Courts of New South Wales.
1. DOWNLOAD
1.1. You must download the service form, complete all required fields and email it to us before sending a product.
1.2. For product warranty, proof of purchase must be provided.
1.3. Removing the manufacturer product label/ serial number from your product may void the warranty.
1.4. Only one product serial number is recorded per service form. The serial number is generally located on the product label.
1.5. The latest service form is downloadable from our website and supersedes any previous service form.
1.6. Before sending any product for warranty service to us, you need to contact the store/ distributor/ manufacturer. If requested by you, we can act on your behalf (charges apply).
1.7. Before sending any product for service, you need to familiarise yourself with the service completion timeframe options, our terms and conditions and the product warranty.
2. SEND
2.1. The sender sends the product for servicing to us.
2.2. A signed completed service form must be included with every product sent for service.
2.3. The product sent for service must be complete with all parts required for its intended use. Otherwise, servicing may either be delayed or can’t be performed.
2.4. The product must be clean when sent for service.
2.5. The sender pays for shipping to us.
2.6. Shipping to us is at your risk regardless of whether the service is under warranty or out of warranty.
2.7. You acknowledge that it is your responsibility to ensure that all product is insured from the point of delivery. We cannot be held responsible for any lost product.
3. SERVICE
3.1.1 Note that any servicing affecting the product’s water-tightness integrity will undergo the EVA unless agreed otherwise in writing prior to shipping to us.
3.1.2 Before sending a product for service, it is important to back up any user-generated data stored in the product as the service may result in data loss.
3.2.1 Subsequent to EVA we email you a quote prior to servicing the product.
3.2.2 If the service is declined by you or not performed, a handling fee may apply for reassembly.
3.3. Variations of service work. In the event that defects are encountered during servicing and not itemised on the quote, you will be informed before proceeding further.
3.4. Self-repair, alteration or modification of the product or any other component without the manufacturer’s knowledge and consent may void the warranty of the product.
3.5. Parts supplied by you (p-valve, seals, valve, zipper etc.) attract an additional installation/handling fee.
3.6. Any breathing equipment is considered life support equipment. As such all service kit parts replaced during service and any other part found damaged will be made permanently inoperative to prevent any further use as it can cause serious injury or even death.
3.7. We have the right to decline servicing or can charge the cleaning process for dirty products or in questionable sanitary conditions.
3.8. A storage fee will incur for your product if payment has not been received within 30 days from the date of your pro forma or invoice.
3.9. After 90 days of storage of an unclaimed product you accept to pass on to us the right of ownership without restriction. You further authorise us to sell the product as we see fit to recover any dues.
4. RECEIVE
4.1. Shipping is not available to PO boxes and lockers.
4.2. Any requested change to our standard freight arrangements will be at your expense.
4.3. Any outstanding payment is due prior to delivery.
4.4. The risk passes to you on delivery, and delivery to the carrier constitutes delivery. We accept no responsibility for the product once it has been delivered.
4.5. Claims for products lost or damaged in transit must be made directly with the carrier according to the carrier’s terms and conditions.