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Home » TIPS & INFO. » Trading Terms & Conditions

Trading Terms & Conditions
Trading Terms & Conditions

  • Agro Business Investments Pty Ltd (ABN: 77 074 638 814) T/A Agro Dive Imports is a re-seller of goods for spearfishing, freediving, and related underwater activities hereinafter known as 'the seller'.
  • The buyer is any individual, organization, or company who wishes to buy goods from the seller by orders placed [either via this web site, verbal or in writing] from time to time hereinafter known as 'the buyer'.
  • The buyer acknowledges that spearfishing, freediving, and related underwater activities are potentially dangerous and subject to many risks. The buyer agrees that the seller, its employees, and associates do not accept any liability for any injury or death caused whilst using products purchased from the seller.
  • The seller respects the privacy of the buyer and will not knowingly provide details of the buyer to third parties.
  • An order placed with the seller is an order incorporating these Terms and Conditions of Trading exclusively. Any amendments to these terms must be expressly agreed to by the seller in writing. These terms shall prevail over all terms and conditions of the buyer's order to the extent of any inconsistency.
  • The buyer agrees that all contracts entered into for the purchase of goods from the seller shall be subject to and interpreted in accordance with the law of the state of New South Wales of Australia. Any legal dispute that may arise shall be dealt with in a court of Sydney in the state of New South Wales of Australia.
  • The buyer acknowledges that the seller may suspend or cancel the account of the buyer for any reason.
  • The buyer acknowledges that the seller may suspend or cancel any order of the buyer at any time for any reason. The buyer further acknowledges that the sole responsibility of the seller is to return any monies paid by the buyer for any order that may be cancelled by the seller.
  • The buyer acknowledges that the seller may refuse to supply goods to the buyer for any reason.
  • The buyer acknowledges that the buyer may not suspend or cancel any purchase orders except upon terms that fully compensate the seller against any loss incurred as a consequence of such suspension or cancellation.
  • DELIVERY: The buyer acknowledges that the risk of any purchase order passes to the buyer upon delivery of that order. This means that the buyer acknowledges that:
    (i) the responsibility of the seller to deliver the goods ends at the time the goods are delivered to the nominated delivery address of the buyer;
    (ii) any delivery is considered as being completed whether the goods are handed to the buyer, or whether they are handed to the agent of the buyer, or whether they are handed to any other person at the nominated delivery address of the buyer, or whether they are left unattended at the nominated delivery address of the buyer;
    (iii) the responsibility of the seller to deliver the goods ends at the time of posting for any goods shipped by regular post;
    (iv) it is the responsibity of the buyer to secure the goods from the time the delivery is completed;
    (v) where the goods are delivered by courier, the buyer or their agent will be available to accept delivery and sign for the goods. The buyer further acknowledges that failure to accept such delivery will result in the goods being left unattended at the nominated delivery address.
    (vi) it is the responsibility of the buyer to adhere to any government regulations, to prepare any customs clearance, and to pay any duties and taxes on any orders purchased for delivery outside of Australia.
  • The buyer is responsible for the correct storage, and the handling of the goods from the time they are delivered.
  • SATISFACTION GUARANTEE; the goods of the seller are covered by a 7 day satisfaction guarantee except fitted fins, special orders, cut lengths of cord & rubber, & bargain bin items. If the buyer is not satisfied with their purchase, for any reason, the buyer may request an authority to return the goods to the seller within this period for a refund or a credit note.  Returns will only be accepted within this period and only with prior arrangement. Approved returns must be received in new condition, in the same packaging, and strictly according to the instructions of the seller. Approved returns not complying with this requirement will either be rejected and returned freight collect, or have a rectification fee applied.
  • RETURNS: Goods may only be returned to claim warranty or to invoke the satisfaction guarantee of the seller.  The buyer must request a Return Authority to return any goods.  Goods will not be accepted for return without a Return Authority being issued by the seller.
  • REFUNDS exclude shipping costs both ways, and a $10.00 re-stocking fee. Refunds on Free Delivery Items will also require a deduction for the freight component of such items.
  • CREDIT NOTES exclude shipping costs both ways and 0% re-stocking fee and must be used within a 6 month period.
  • WARRANTY. Unless otherwise specified, a 6 month recreational use warranty (30 day commercial) is available on all goods sold (except speargun shafts, rubber, shooting line) and is strictly enforced against specific and obvious defects in materials and workmanship. Warranty DOES NOT include wear and tear, accidental damage, repairs due to a lack of maintenance, or abuse of goods. Bargain bin items come with a 30 day warranty.  An extended warranty may be purchased on some items.
  • MAINTENANCE.  It is the responsibility of the buyer to care for the goods they purchase to ensure they are kept in good working order. 
  • CLAIMING WARRANTY: Product requiring warranty must be returned to our place of business for inspection (refer to returns above). A copy of our tax invoice must be presented as proof of purchase.  The seller reserves the right to refuse warranty if the seller deems the product to have suffered undue damage outside the warranty statement. Any defects in material and workmanship will, solely at the discretion of the seller, be either repaired, or replaced, or compensated with other product. WARRANTY CLAIMS THAT CANNOT BE JUSTIFIED WILL BE RETURNED FREIGHT & HANDLING COLLECT.

agro@agro-dive-imports.com.au
West Coast:  (08) 6102 7222     |     East Coast:  (02) 8007 6666
PO BOX 444   |   MAROUBRA  NSW  2035   |   SYDNEY  AUSTRALIA