TERMS AND CONDITIONS

OVERVIEW
This website is the intellectual property of Australian Underwater Products (AUP). Throughout the website, the terms “we”, “us” and “our” refer to AUP. AUP offers this website, including all information available to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Please read these Terms of Service carefully before placing an order with us. By purchasing product from an Authorized AUP Dealer, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access our services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. By purchasing something from us, you engage in our “Service” and agree to be bound by these terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

SECTION 1 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site and or website is not accurate, complete or current. The material on this site and or website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site and or website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 2 – PRICING
All MSRP pricing contained within this website is GST inclusive.

Prices of our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 3 – FREIGHT (INTERNATIONAL)
All orders to be shipped outside of Australia will have freight charges applied as appropriate for the size of the order and destination.

SECTION 4 – GENERAL TERMS AND CONDITIONS AUP (AUP) PRODUCT WARRANTY
AUP offers warranty for all Oceanic, Hollis, Atomic, Zeagle, Bare, Enth Degree, Oceanpro, Ocean Hunter, Rob Allen, Salvimar, MVD, Stahlsac, GearAid, Lavacore, and No Shark products purchased from an Authorized AUP Dealer. Warranty coverage for these products will only apply to products accompanied by proof of purchase from an Authorised AUP Dealer.

AUP warrants that it will fix, repair or replace any defective product described above at no cost to the consumer save the expense of the consumer returning any defective product to the nearest Authorised AUP Dealer. After service, the product will then be returned to the Authorised AUP Dealer for collection, with the balance of the applicable warranty intact.

Please note that this warranty is offered in addition to any other rights that the consumer may have under Local Consumer Laws. If a purchase is NOT made from an Authorised AUP Dealer, a service and/or repair charge will be levied if service or repair is required. The consumer can alternatively return it to the original point of purchase for service and/or repair.

SECTION 5 – 30-DAY SATISFACTION GUARANTEE

If at any time during the first 30 days of purchase of any Oceanic, Hollis, Atomic, Zeagle, Bare, Enth Degree, Oceanpro, Ocean Hunter, Rob Allen, Salvimar, MVD, Stahlsac, GearAid, Lavacore, and No Shark product, that product fails to meet the Customers performance criteria, that product may be exchanged by the Dealer for a similar or like product of equal or lesser value. Any increase in replacement product value must be borne by the customer. On receipt, the Dealer may return that product AUP for replacement or credit, together with purchase details and reason for claim. Specifically produced products, e.g. custom or tailor-made products are excluded from this program.

SECTION 6 – WARRANTY PERIOD
All Oceanic, Hollis, Atomic, Zeagle, Bare, Enth Degree, Oceanpro, Ocean Hunter, Rob Allen, Salvimar, MVD, Stahlsac, GearAid, Lavacore, and No Shark products when purchased from an Authorised Dealer, under normal recreational use, are provided with a one (1) year Warranty to cover against defects in materials,
workmanship and performance to product specifications. Exceptions – Punctures, rips, tears, normal wear, zip slider dislodging zipper teeth.

SECTION 7 – EXTENDED WARRANTY CONDITIONS
All Oceanic, Hollis and Oceanpro Hardware, comprising Regulators, Octopus Regulators (Octo’s), Buoyancy Compensators (BC’s) and Wings, when purchased from an Authorised Australian Dealer, can have their warranty upgraded to a Limited Lifetime Warranty (LLW). This LLW will cover against any defects in materials, workmanship and performance to product specifications for the life of the product. For Oceanic, Hollis and Oceanpro; Regulators and Octo’s, this Warranty also covers free annual service parts for life. Obviously, some common-sense conditions apply, refer to Section 8.

Digital Instrumentation is provided with a 5-year Limited Warranty. For specific product warranty details, please refer to Section 9.

SECTION 8 – PARTS FOR LIFE (PFL) CONDITIONS
1. The product details must be registered with the respective brand in Australia within 30 days of purchase. This registration should be completed On-Line, by you or the Dealer. Note that it is the consumers responsibility to ensure that the product is registered.
2. The product must only be used as intended for normal recreational purposes.
3. All products must be serviced annually (12months) by an authorised AUP Service Technician. This warranty upgrade is null and void if such regular annual service is not performed.
4. For Oceanic and Hollis Regulators and Octos, Oceanic and Hollis Australia and your authorised Oceanic/Hollis Australia Dealer will provide all overhaul service parts at no charge. Any parts required other than overhaul service parts are the responsibility of the owner of the product serviced. These exceptions are described in what the Warranty covers below.
5. All labour fees included in annual service are the responsibility of the owner of the product serviced.
6. This warranty shall be void if the equipment has been tampered with by a person (or persons) not authorised by Oceanic or Hollis Australia to perform such service.
7. The warranty is non-transferable and extends to the original purchaser only.
8. Normal wear and tear as determined by age and usage is excluded from the Oceanic or Hollis Limited Lifetime Warranty.
9. To maintain this Limited Lifetime Warranty, you must show proof of purchase and proof of authorised annual service.

SECTION 9 – WARRANTY CONDITIONS
Warranty coverage for the above-mentioned products will only apply to products accompanied by proof of purchase from an Authorised Dealer.
1. The product must only be used as intended for normal recreational purposes.
2. The product warranty does not cover loss, or damage due to accident, abuse, tampering, lack of maintenance, exposure to excessive temperature, extended sunlight or deteriorating chemicals.
3. This warranty shall be void if the equipment has been tampered with by a person (or persons) not authorised by AUP to perform such service.
4. Normal wear and tear as determined by age and usage is excluded from the 1-year Warranty.
5. To maintain this one-year Warranty, you must show proof of purchase. If returned for service, your product should be accompanied by a copy of the original sales receipt.

SECTION 10 – HOW TO CLAIM FOR WARRANTY

If a warranty claim is necessary, the best option is to contact your place of purchase or nearest authorised dealer.

SECTION 11 – WHAT COSTS ARE INVOLVED FOR A WARRANTY SERVICE
AUP warrants that it will fix, repair or replace any defective product described above at no cost to the consumer save the expense of the consumer returning any defective product. After service, the product will then be returned to the Authorised Dealer for collection, or to the Consumer at no cost (International Warranty Returns will incur costs of 50% of return freight costs as per section 6), with the balance of the applicable warranty intact.

SECTION 12 – GOODS RETURN POLICY

Any goods forwarded for service or repair or otherwise must be done so at the Authorised AUP Dealer expense. AUP will not be liable for freight costs incurred in the return of any product. In the case of bulky items, our freight forwarder may be used, with costs incurred being invoiced to the Dealers account. If the above occurs, please contact AUP Customer Service and we will arrange for pickup by the freight forwarder.

SECTION 13 – TITLE AND SECURITY INTEREST

Although you will assume the risk in the goods when you take possession, until you pay for them: we will retain ownership and title.

SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS

There may be information in this Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 15 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using this website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) for any obscene or immoral purpose; or (k) We reserve the right to terminate your use of our website or any related website for violating any of the prohibited uses.

SECTION 16 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall AUP, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless AUP and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 18 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 20 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 22 – ENFORCEMENT EXPENSES
You must pay any reasonable expenses (including legal fees) we incur to enforce our rights under this Agreement.

SECTION 23 – CHANGES TO TERMS OF SERVICE
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website, www.aup.com.au. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at Contact@aup.com.au.