Terms and Conditions
The following are the terms and conditions (“Terms and Conditions”) for the sale of products (“Products”) by Long Beach Dive (“LBD”) to Long Beach Dive's customers (“Customers").
1. ORDERS. Orders will be initiated by Customer issuing a purchase order (“Order”) to LBD. Purchase Orders will identify the Products, unit quantities, part numbers, descriptions, applicable prices and requested delivery dates. Orders are subject to LBD’s acceptance and to these terms and conditions. Customer may, without charge, cancel an order for standard Products provided such order is scheduled for shipment by LBD more than five 5 days after LBD receives written notice of cancellation from Customer. Customer requests to cancel an order for Products scheduled for shipment by LBD within five 5 days after LBD receives written notice of cancellation may be accepted by LBD in its sole discretion, which acceptance may be subject to Customer’s accepting a charge determined in writing by LBD. Customer requests to reschedule are subject to acceptance by LBD in its sole discretion. Orders may not be canceled or rescheduled after delivery by LBD to the carrier. Customer may not cancel orders for non-standard Products. Non-standard Products include, without limitation, Products which are special orders, custom orders, or other items not found on the LBD website. LBD reserves the right to limit quantities.
2. PRICES. Orders are billed at the prices, in US dollars, in effect at the time of order. Prices shown on the www.longbeachdive.com website are subject to change without notice. If Customer does not purchase the quantity upon which quantity prices are based, Customer will pay the non-discounted price for the quantity actually purchased and/or a cancellation or restocking fee. Prices for any rescheduled deliveries may be increased by LBD in the event of an increase in LBD prices or costs or causes beyond LBD's reasonable control.
3. TERMS OF PAYMENT. Payment is net thirty (30) days from date of invoice. Credit Orders are subject to credit approval by LBD, which may in its sole discretion at any time change the terms of Customer's credit or require advance payment or payment by official bank check. If LBD reasonably believes that Customer's ability to make payments is impaired, LBD may cancel any order or remaining balance thereof, and Customer will remain liable to pay LBD for Products already shipped. Customer will submit such financial information as LBD may reasonably require for determination of credit terms. Customer will pay the entire net amount of each invoice from LBD pursuant to the terms of such invoice without offset or deduction. Invoices not paid when due will bear interest to date of payment at the annual rate of eighteen 20% percent or such lower rate as may be the maximum permitted by law. If Customer fails to make payment when due, LBD may pursue any legal or equitable remedies, in which event LBD will be entitled to reimbursement for costs of collection and reasonable attorneys' fees. COD orders are not accepted. Credit cards accepted are MasterCard, Visa, and Discover.
4. SALES TAX. LBD is required by law to collect all Federal, State and Local sale, use, excise and similar taxes that apply to a Customer’s shipment. These taxes are in addition to the purchase price of the Products subject to an order. Since laws vary from state to state, please remit the correct tax for your area. If you are exempt from tax, an original signed tax exemption certificate must be sent to LBD. Without a valid signed tax exemption certificate on file at LBD, all applicable taxes will be charged to the Customer.
5. DELIVERY AND TITLE. LBD will make reasonable efforts to initiate shipment and schedule delivery as close as possible to customer's requested delivery date's). Customer acknowledges that delivery dates provided by LBD are estimates only and that LBD will not be liable for failure to deliver on such dates. Selection of the carrier and delivery route will be made by LBD unless specifically designated by Customer. All shipments by LBD are F.O.B. point of shipment from LBD’s facility and the amount of all transportation charges shall be paid to LBD by the Customer in addition to the purchase price of the Products. Subject to LBD's right of stoppage in transit, delivery to a carrier will constitute delivery to Customer, and risk of loss will thereupon pass to Customer; however, title shall remain in LBD until payment in full for the Products by Customer. Products invoiced and held by LBD at Customer’s request will be held at Customer's risk and expense. Delivery of any installment of Products within thirty (30) days after the date requested will constitute a timely delivery. Thereafter, delivery will be timely unless prior to shipment LBD has received written notice of cancellation valid under Section 1. Delivery of a quantity which does not vary by more than ten percent (10%) from the quantity specified therefore will constitute full performance of such delivery. Delay in delivery of one installment will not entitle Customer to cancel any other installment(s).
6. FORCE MAJEURE. LBD will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control, including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fire, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots, or war. LBD’s time for delivery or performance will be extended by the period of such delay or LBD may, at its option, cancel any order or remaining part thereof without liability by giving notice to Customer.
7. GENERAL. The Terms and Conditions may not be modified or cancelled without LBD’s written agreement. The sale of Products hereunder will be governed by the Terms and Conditions, notwithstanding contrary or additional terms and conditions in any order purchase order, planning schedule, acknowledgment, confirmation or any other form or document issued by either party effecting the purchase and/or sale of Products. No rights, duties, agreements or obligations hereunder may be assigned or transferred by Customer without the prior written consent of LBD. The obligations, rights, terms and conditions hereof will be binding upon and inure to the benefit of the parties hereto and their successors and permitted assigns. The waiver of any breach of any term, condition or covenant hereof or default under any provision hereof will not be deemed to constitute a waiver of any other term, condition, or covenant contained herein or of any subsequent breach or default of any kind or nature. Any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof in that jurisdiction or affecting the validity or enforceability of such provision in any other jurisdiction. The Terms and Conditions will be governed by and construed in accordance with the laws of the state of New York and the applicable laws of the United States. Customer will not directly or indirectly export, re-export, sell or transfer any Product to any country for which an export license or other governmental approval is required without first obtaining all licenses and other approvals. LBD hereby disclaims any interest in the trademarks, trade names, service marks, logos, copyrights, patents, domain names and other intellectual property of third parties.