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 of goods will belong to the original purchaser only and any
communications will only be through Southern Cross Divers and original
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
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.
4.1 All products and services are subject to availability and may be withdrawn at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.
5.1 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
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.
7.1 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.
8.1. Shipping will be by a carrier of our choice and the costs detailed in the
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
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
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: email@example.com detailing your problem, this form is available here
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
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
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
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
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
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
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
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.
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 Divers Pty Ltd) assume
the entire cost of all necessary maintenance, repair or correction.
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.