Diving Duds Lycra suits, wet suits, and accessories for SCUBA diving and other water sports.

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. 

This Agreement contains the terms and conditions that apply to purchases by customers from  Diving Duds that will be provided to you ("Customer") on orders for scuba equipment and/or related products and/or services and support sold by Diving Duds in the United States. 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 Diving Duds purchase, you may return the item under the terms and conditions of the DivingDuds.com website return policy. 

THESE TERMS AND CONDITIONS APPLY (I) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH DIVING DUDS, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) UNLESS OTHER DIVING DUDS STANDARD TERMS APPLY TO THE TRANSACTION. 

These terms and conditions are subject to change without prior written notice at any time, in Diving Duds sole discretion. 

1. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF ARIZONA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. 
2. Shipping Charges; Taxes. Separate charges for shipping will be shown on the invoice(s).  The Customer is responsible for sales and all other taxes associated with the order. If applicable, a separate charge for taxes will be shown on the invoice. 
3. Title; Risk of Loss. Title to products passes from Diving Duds to Customer on shipment from Diving Duds facility.  Loss or damage that occurs during shipping by a carrier selected by Diving Duds is Diving Duds responsibility.  Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. 
4. 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.  DIVING DUDS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN DIVING DUDS APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE.  ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND DIVING DUDS WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES,  ONLY UPON DIVING DUDS RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. 
5. Return Policies. Any equipment purchased from Diving Duds may be returned for a refund of the cost of the product, excluding any shipping charges, if returned with all original literature as long as the product is not used – and is delivered to Diving Duds in as new condition within 30 days of purchase. To assist our Christmas shoppers, any items purchased from November 10th until December 24th, can be returned in new condition with all original literature until January 5th, or 30 days after purchase – whichever time period is longer. 
6. Exchanges. From time to time, Diving Duds may, in its sole discretion, exchange products or portions of a product.  Any exchanges must be made within 30 days of purchase, and all original literature must accompany returned products and all products must be in as new condition. To assist our Christmas shoppers, any items purchased from November 20th until December 24th, can be exchanged in new condition with all original literature until January 5th, or 30 days after purchase – whichever time period is longer. 
7. Shortages and Shipping Damage. It is the responsibility of the Customer to check all packages for accuracy of contents within 48 hours of receipt.  No items shall be invoiced unless shipped.  If any shortages occur, it is the responsibility of the Customer to contact Diving Duds 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.
8. Diving Duds acts as a retailer.  Any warranty and technical support provided on third-party products purchased through Diving Duds are provided by the original manufacturer and not by Diving Duds.  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.
9. Limitation of Liability. Diving Duds 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.  DIVING DUDS 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, DIVING DUDS 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.  DIVING DUDS DOES NOT ACCEPT LIABILITY FOR THE USE OF SCUBA EQUIPMENT BY NON CERTIFIED INDIVIDUALS.
10. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States.  Customer agrees and represents that it is buying for its own internal use only, and not for resale.