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. If you are purchasing a Course, be sure to read section 7d of this Agreement.
This Agreement contains the terms and conditions that apply to purchases by customers from Kanata Diving Supply Inc. that will be provided to you (“Customer”) on orders for scuba equipment and/or related products and/or services and support sold by Kanata Diving Supply Inc. 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 Kanata Diving Supply Inc. purchase, you may return the items(s) under the terms and conditions of Kanata Diving Supply Inc.'s return policy.
THESE TERMS AND CONDITIONS APPLY (I) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH Kanata Diving Supply Inc. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) UNLESS OTHER Kanata Diving Supply Inc. STANDARD TERMS APPLY TO THE TRANSACTION.
These terms and conditions are subject to change without prior written notice at any time, in Kanata Diving Supply Inc.’s sole discretion.
1. Other Documents. Other than as specifically provided in any separate formal purchase agreement between Customer and Kanata Diving Supply Inc., 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 Kanata Diving Supply Inc.
2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE PROVINCE OF ONTARIO, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Kanata Diving Supply Inc.’s sole discretion, and unless otherwise agreed to by Kanata Diving Supply Inc., payment must be received by Kanata Diving Supply Inc. prior to Kanata Diving Supply Inc.'s 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 Kanata Diving Supply Inc. has agreed to credit terms. Kanata Diving Supply Inc. may invoice parts of an order separately. Orders are not binding upon Kanata Diving Supply Inc. until accepted by Kanata Diving Supply Inc. Any quotations given by Kanata Diving Supply Inc. will be valid for the period stated on the quotation. All items quoted by Kanata Diving Supply Inc. are subject to availability.
4. Shipping Charges; Taxes. Separate charges for shipping, if applicable, will be shown on the invoice(s). 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. Sales Tax (HST) will be chaged on all orders based on shipping location. If applicable, a separate charge for taxes will be shown on the invoice.
5. Title; Risk of Loss. Title to products passes from Kanata Diving Supply Inc. to Customer on shipment from Kanata Diving Supply Inc. facility. Loss or damage that occurs during shipping by a carrier selected by Kanata Diving Supply Inc. is Kanata Diving Supply Inc.'s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility.
6. 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. Kanata Diving Supply Inc. MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN Kanata Diving Supply Inc. APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND Kanata Diving Supply Inc. WILL BE OBLIGATED TO HONOUR ANY SUCH WARRANTIES, ONLY UPON Kanata Diving Supply Inc. RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
7. Return Policies (Online Purchases Only)
7a. Return Policies (products except for course materials): no refunds. Please see section 8 for exchange and store credit policy.
7b. Return Policies (courses and course materials): courses may be refunded only in the case that the student is long-term medically unfit to dive. A PADI Diver Medical form signed by a physician indicating inability to dive must be provided in order to receive a course fee refund. In the case that a course is refunded, the corresponding course materials may be refunded at the discretion of Kanata Diving Supply Inc. if the materials are returned unaltered, in the case of physical materials, or unregistered, in the case of eLearning materials.
8. Exchanges and store credit (Online Purchases Only)
8a. Exchanges and store credit (products): Kanata Diving Supply Inc. may, at its sole discretion, exchange products or portions of a product or offer store credit for the value of the returned product. Any exchanges or store credit requests 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, Kanata Diving Supply Inc. will provide free regular shipping on a one-time exchange within 14 days of receiving original purchase. Additional exchanges will be subject to shipping fees. Customized products and certain special order products are ineligible for exchange or store credit. To assist our Christmas shoppers, eligible 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. Kanata Diving Supply Inc. will not accept items shipped back without communication from the Customer prior to Kanata Diving Supply Inc. receiving exchanged item. Customer is responsible for shipping items back to Kanata Diving Supply Inc. at Customer's expense.
8b. Exchanges and store credit (courses): Courses may be rescheduled with 96 hours notice prior to the course at the discretion of Kanata Diving Supply Inc. Courses may be rescheduled with less than 96 hours notice for reason of temporary illness or injury at the discretion of Kanata Diving Supply Inc.
9. Shortages and Shipping Damage: It is the responsibility of the Customer to check all packages for accuracy of contents within 48 hours of receipt. If any shortages occur, it is the responsibility of the customer to contact Kanata Diving Supply Inc. 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.
10. Products: Kanata Diving Supply Inc. continually upgrades and revises its products and service offerings to provide Kanata Diving Supply Inc. 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.
11. Kanata Diving Supply Inc. acts as a retailer. Any warranty and technical support provided on third-party products purchased through Kanata Diving Supply Inc. are provided by the original manufacturer and not by Kanata Diving Supply Inc. 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.
12. Limitation of Liability. Kanata Diving Supply Inc. 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. Kanata Diving Supply Inc. 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, Kanata Diving Supply Inc. 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. Kanata Diving Supply Inc. DOES NOT ACCEPT LIABILITY FOR THE USE OF SCUBA EQUIPMENT BY NON CERTIFIED INDIVIDUALS.
13. 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 Kanata Diving Supply Inc. its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, “Kanata Diving Supply Inc.”) 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), Kanata Diving Supply Inc. 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 Kanata Diving Supply Inc. 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.
14. Service and Support. Kanata Diving Supply Inc. will provide general technical support to Customers in Canada. Service offerings may vary from product to product. Kanata Diving Supply Inc. has no obligation to provide service or support until Kanata Diving Supply Inc. has received full payment for the product or service/support contract for which service or support is requested.