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Terms and Conditions

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Terms & conditions

The below Terms & Conditions apply to any customers placing orders with us. The company name is Poseidon Services Pty Ltd and will for this document be known under its trading name of Southern Cross Divers: 

Ownership 
Ownership of goods will belong to the original purchaser only and any communications will only be through Southern Cross Divers  and original purchaser. 

1.General 
1.1     Southern Cross Divers  provides top quality branded goods. The customer is guaranteed to be supplied in the most efficient manner possible at realistic prices, without any hidden extra charges of small print. 

1.2     The following terms and conditions apply to all transactions received by Southern Cross Divers via the telephone, Internet, mail and email. The placement of an order through these methods indicates your acceptance of these terms and conditions. Please read them carefully and print a copy for future reference. Terms and conditions do not affect your statutory rights. 

2. Description of Goods 
2.1     All products sold are of a technical nature and we are sometimes unable to give full specifications of all products. All images, descriptive matter, specifications in our advertisements, relayed by telephone and on the Internet are for the sole purpose of giving an approximate description. Full details of specifications are available from manufacturer’s brochures or their websites. 

2.2    Please note that any Special Order Item will not be accepted for refund unless faulty, as the item will be ordered especially for you and subsequently cannot be resold. Terms and conditions do not affect your statutory rights. 

3. Product & Pricing Information 
3.1     All product specifications, images and other information published in our advertisements and on our website have been made accessible by suppliers, manufacturers and publications. Southern Cross Divers  cannot guarantee the reliability or accuracy of the information and prices described, published or quoted, please note that these terms and conditions do not affect your statutory rights. 

3.2     All prices quoted on our website are shown without delivery charges, which will be calculated at the checkout. 

3.3     We advise customers to keep their box and packaging in the event of having to return the product for any reason. 

4. Availability 
4.1     All products and services are subject to availability and may be withdrawn at any time. If the goods are not supplied as specified within a reasonable period of time, we may offer you a refund if the transaction is cancelled. We shall not be liable for any losses, costs, damages, charges, or any expenses caused by any delay in the delivery of the goods if they are delivered in a reasonable period of time. 

5.Payment 
5.1     Southern Cross Divers  accepts all major credit/debit cards including Visa, MasterCard and Switch. You must provide us with your exact billing address and telephone number, which is held with your credit/debit card company. Any incorrect information given will cause delays in your ordered being processed. 
5.2     Your order will only be processed once an authorisation code has been received. Cheques and postal orders take a minimum of 10 days from receipt until payment has cleared then goods can be released for dispatch. 
5.3     Please note when placing your order by credit card we shall only deliver to the address the credit card is registered to. 

6. Errors and Omissions 
6.1     In the event a product is listed or quoted at an incorrect price due to an error from our suppliers or publishers. We reserve the right to refuse any orders listed at the incorrect price. If your credit/debit card has been charged and we subsequently cancel your order, we will immediately issue a refund to your credit/debit card. 

7. Delivery 
7.1     Delivery of all products, which are available in stock, will be completed as a door-to-door service in the Australian mainland only. Important notice! On acceptance of your delivery, if you are unable to check the contents of the package please sign the delivery note UNCHECKED! 

7.3     If an item is returned to us due to a failed delivery then a re-delivery charge will be applied to the customers account. This charge must be settled before the item is re-dispatched. 

7.4    We will endeavour to deliver goods within the times stated but goods are subject to availability and sometimes delays are outside our control. We shall not be liable for any losses, costs, damages, charges, or expenses caused by any delay in the delivery of the goods. 

7.5     Regarding failed deliveries of products which have been returned to us a second time, the product may be returned to stock at your request, at our discretion and a refund will be processed less an administration charge. If no request is made, and we are unable to contact you, we may destroy or sell the goods as if we are the absolute owner.

7.6   Where the Carrier is unable to affect delivery as requested, or where transit has come to an end, we shall use reasonable endeavours to notify the Customer of any undelivered or unclaimed goods. Unless the goods are collected or instructions are given for its disposal within seven days of notice being given, title to the Consignment shall transfer to Southern Cross Divers Ltd and that we may destroy or sell the goods as if we were the absolute owner.

8. Shipping 
8.1.     Shipping will be by a carrier of our choice and the costs detailed in the checkout process. 

9. Acceptance & Risk 
9.1     When the goods are delivered, you will be responsible for them. We will only deliver goods to the address on the order. 
9.2     From the time of receipted delivery of the goods, any loss or damage to the goods shall be at your risk. 
9.3     Any transit shortages and damages should be noted on the delivery consignment note at the time of delivery as this may prejudice your claim. 

10.     Notification of Claims 
10.1     Shortages, damages and incorrect goods should be reported to Southern Cross Divers  within 3 days from receipt, any delay in doing so may prejudice your claim. 

11.     Product Guarantees 
11.1.     All products supplied are covered by the terms and conditions of the manufacturers guarantee and are covered by the stipulated guarantee period. 
11.2     Consumable products carry a maximum of 3 months guarantee i.e. batteries, 'O' rings. This guarantee specifically excludes faults by accident, neglect and misuse.
Please note, computer cable assemblies are not covered against flooding that is a result of the 'o' ring failure of the computer they are connected to. 

12.     Under Guarantee Repairs 
12.1     All goods that develop faults should be reported to Customer Services by completing a returns document that is to be sent back via post, fax or email to: barry@southerncrossdivers.com.au detailing your problem, this form is available here http://www.grpservices.com/pursuit/service/returns.doc . 
12.2     We advise all customers that if they are packaging the goods for return; Southern Cross Divers Pty Ltd recommend that the original box and packaging material should be used where available, as, should the goods be packaged in a negligent manner, then you will be responsible for the damage that may be sustained during transit. 

13. Returned Goods 
13.1     In line with the Distance Selling Regulations 2000 you are required to send a notice of cancellation in writing or another durable medium, including fax or e-mail within seven working days from receipt. Please be aware that business to business transactions are not covered under the Distance Selling Regulations 2000.  Special order or non stock items will not be able to be returned. Please state your customer account details, sale number and reason for cancellation of the goods. A telephone call is not enough to constitute a cancellation. 
    

13.2     If you exercise your right to cancel such goods under the cooling off period, the ownership of the goods will revert to the supplier, exceptions to the right includes sealed software, discs and tapes which have been opened. These will remain the property of the consumer and will not be credited. Please also note, cables bought as accessories will only be accepted back if they are still in the original box and packaging which is still sealed. 

13.3     The regulations impose a responsibility on the consumer to take reasonable care of any goods that have been supplied. The obligation applies before as well as after the consumer has given the notice of cancellation. 

13.4     If you return the goods, you are under a duty to take reasonable care of the goods and to see that they are received by us and not damaged in transit, as such we advise our customers to retain the original box and packaging materials provided with the goods. Should the goods be returned by the courier not in their original box and packaging, the courier will not insure the goods against damage. Any free or promotional gifts received with the product must also be returned. 

13.5     We advise our customers that all accessories should be unopened. Any accessories missing from the returned product will incur an administration charge of $50.00 plus the replacement cost from the manufacturer. 

13.6     Goods that have not been cancelled within 7 working days under the cooling off period will be refused. Goods that do not meet the above criteria will be subjected to additional surcharges. 

13.9     If under the 7 working days “cooling off period” you wish to have the goods returned, we can offer collection for the return of the goods at cost to you, alternatively you can arrange your own method of returning the goods to Southern Cross Divers Ltd. Please be aware if arranging your own return that you will need to take out adequate insurance on the goods should they be damaged in transit. 


14. Other 


14.1     Southern Cross Divers Ltd reserve the right to refuse supply without giving reason. This refusal of supply may be enforced at any time including after payment. In those cases payment will be returned in full. 
You will own the goods once we have received your payment in full and accepted your order. 

14.2     You will receive an invoice on receipt of the goods and copies are available by emailing info@narkedat90.co.uk 

14.3     Failure by us to enforce any of these terms and conditions will not affect our right to enforce the rest of these terms and conditions. 

14.4     These terms and conditions are subject to change at any time without prior notice to you and do not affect your statutory rights 


14.5.    Many components on this site may be used as part of other equipment. If you buy and choose to use any of the items on this site by incorporating them into other equipment, you must ensure they are adequately tested and checked to ensure they are safe and suitable for the purpose you are using them. IF YOU DO NOT CARRY OUT SUCH CHECKS, YOU DO SO UNDER THE FULL KNOWLEDGE IT COULD RESULT IN SERIOUS INJURY OR DEATH 

15 SOFTWARE

Copyright Notices 

The product is owned by Southern Cross Divers Pty Ltd. All rights in the product including License Agreement, copyrights, licensing rights, patents, trademarks, trade secrets, design rights, engineering rights, moral rights, and any other intellectual property rights belong to Southern Cross Divers Pty Ltd. These rights are not transferred as part of this agreement. 
No part of the product including the License Agreement may be reproduced, published, transmitted electronically, mechanically or otherwise, transcribed, stored in a retrieval system or translated into any language in any form, by any means, for any purpose other than the purchaser's personal use, without the express written permission of Southern Cross Divers Pty Ltd. 
End User License Agreement 
This license agreement is a legal agreement between you the end user (either as an individual or an entity) and Southern Cross Divers Pty Ltd herein after referred to as Southern Cross Divers Pty Ltd . The software and any of its supporting documentation and associated hardware are herein after referred to as the product. 
By installing or using the product, you indicate your complete and unconditional acceptance of these terms and conditions. If you do not agree to the terms and conditions of this agreement promptly remove the product form your computer and destroy associated documentation. 
Should there be any conflict between the terms and conditions of this agreement and the terms and conditions of any other agreement between you and Southern Cross Divers Pty Ltd or their servants or agents in relation to the product the terms and conditions of this agreement shall apply. 
If any provision of this agreement is found to be unlawful or void then that provision shall be severed from this agreement and will not affect the validity of the remaining provisions. 
Information contained in the product is subject to change without notice and does not represent a commitment or contracted obligation on the part of Southern Cross Divers Pty Ltd. 
This License Agreement (including the product) is not transferable. You may not lend, loan, lease, rent, sell or distribute the product (or copies) in any form. 
Limitations of Use 
You are expressly forbidden from making alterations or modifications to, merge, adapt, de-compile, disassemble, reverse engineer, or attempt to discover the source code without the expressed written permission from Southern Cross Divers Pty Ltd. You are expressly forbidden from using any part of the product in life saving or life critical applications without the expressed written permission from Southern Cross Divers Pty Ltd. 
The product may not be used in any way for commercial gain.
Limitations of Liability 
Under no circumstances, including, but not limited to, negligence, shall Southern Cross Divers Pty Ltd. or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, Southern Cross Divers Pty Ltd services. If you are dissatisfied with any material, or with any of Southern Cross Divers Pty Ltd terms and conditions, your sole and exclusive remedy is to discontinue using Southern Cross Divers Pty Ltd services. In addition, you release Southern Cross Divers Pty Ltd and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your use of its products or services. 
Privacy 
Unless the user informs us otherwise, Southern Cross Divers Pty Ltd Inc. reserves the right to use and to disclose to third party vendors user information (e.g. cell data, user name and e-mail address) for purposes such as providing cell data to interested parties. 
Disclaimer 
Southern Cross Divers Pty Ltd does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.  (and not Southern Cross Diver
s Pty Ltd) assume the entire cost of all necessary maintenance, repair or correction. 

Dispute Resolution:

Disputes within Australia: All disputes arising out of or in connection with Southern Cross Divers shall be finally settled in and under the Laws of the State of NSW Australia. If not settled directly, mediation may be sought prior to litigation in a court of law. 

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