TERMS AND CONDITIONS - Effective: January 1, 2015
General Terms and Conditions of Sale
- All prices are subject to change without notice.
- Orders are accepted with prices prevailing at time of shipment.
- Possession of a Buyer’s Guide does not constitute an offer to sell.
- XS Scuba, Inc. reserves the right to accept or reject any orders.
XS Scuba requires the following of all dealers:
- Provide a full service retail dive store offering regular retail hours, sales of scuba and related products, service for the same including repair facilities, air fills, and instruction from a nationally recognized scuba certification agency.
- Provide proper instruction in the use of XS Scuba products to anyone purchasing or renting them.
- A current, completed and approved dealership application must be on file at XS Scuba prior to shipping any order.
- The dealer is committed to an opening order of at least $1,500 and to purchase on an annual basis, a minimum of $3,000.
- To be listed in the XS Scuba Dealer Locator on the web site, a minimum of $1,500 of non-cylinders products must be purchased in the previous twelve months.
- XS Scuba requires strict adherence to the Minimum Advertised Price (MAP) policy.
Program: TENTO – “Buy 10 and Get 2 More FREE”
- Applies to these catagories: Masks, Snorkels, Fins, Boots, Gloves, Socks, Hoods & Hangers.
- Buy any 10 units from one product category, and get 2 more units FREE.
- Any Mix. Any Models. Any Sizes. Any Colors.
- Purchased products are invoiced at Dealer Pricing. Free products are the lowest cost products.
- No other discount can be applied.
- Single release orders only.
Pricing Terms and Policies
- Visa, MasterCard, American Express, and Discover are accepted for payment.
- Payments made by credit card after the shipping date will have a 3% convenience fee added to the invoice total.
- Net 30 day terms are available to accounts with approved status and in good standing.
- Please remit to: XS Scuba, Inc., 4040 W. Chandler Ave., Santa Ana, CA 92704
- A $20.00 processing fee will be added to orders less than $100.00.
- A $20.00 processing fee will be added to any order shipped to a location other than the dealer address.
- Discounts will not be allowed if account is past due.
- A late charge of 1.5% per month may be assessed on invoices unpaid after the due date. In the event that this late charge exceeds the maximum permitted by applicable law, it shall be reduced to the legal maximum.
- A $50.00 service charge will be assessed for all “NSF” or returned checks for any reason. If an account has two returned checks, certified funds will be required (C.O.D. Certified, Cash, Credit Card, or Prepayment).
Freight Program and Shipping Policies
$1000 Freight Free Shipping Policy
Continental U.S. only - Single destination only. Excludes cylinders, valves and lead.
- We take pride in giving our customer’s the best possible customer service. We make every effort to ship all orders out by the first business day following the day your order is confirmed. If you need your order more quickly, we ship Next Day, Second Day and Three Day UPS orders out the same day as placed (up until 3 PM PST). Additionally, orders can be shipped the same day (up until 3 PM PST) with the addition of a $20.00 Expedited Charge.
- All shipments are ex-works Santa Ana, California.
- Orders under $1,000 ex-works have no freight allowance.
- To accounts within the continental United States: “Full Freight Allowed” (FFA) ex-Factory, can be applied on shipments of $1,000 or more (cylinders / valves / lead are excluded) to a single destination by the most economical carrier.
- Shipments made by common carrier trucking will not include a lift gate for off-loading. If a lift gate is requested, a charge of $30.00 will be added to the invoice total.
- A Handling Charge of $5.00 will be added to the invoice total for shipments sent Freight Collect or 3rd Party billing.
- Delivery to carrier constitutes delivery to purchaser.
- Claims for damages in transit must be filed with the carrier within 5 days after receipt of merchandise.
- XS Scuba will not guarantee rush shipments.
- XS Scuba warrants to the original owner that all of its products are free of defects in materials and workmanship for a period of two years with proof of purchase.
- This warranty does not apply to non-XS Scuba branded products like Worthington, Luxfer, Miflex, etc. Contact us with any warranty issues for assistance.
- XS Scuba will repair or replace a warranty product and must be returned to us freight prepaid.
XS Scuba reserves the right to substitute a product of equal or greater value when exact product is not available. At our option, XS Scuba will either replace, substitute, or repair the item.
- Warranty applies only under normal sport and skin diving use and with proper care and maintenance. Warranty does not apply to products used for commercial, educational, or military purposes. Warranty does not apply to products used for rental purposes.
- All merchandise returned to XS Scuba requires a Return Authorization number (RA) prior to shipping.
- Contact XS Scuba customer service at 866.977.2822 to receive an RA number.
- Authorized returns must be freight pre-paid.
- All merchandise returned without an RA number is subject to refusal.
- Please print the RA number boldly on the outside of all returns.
- A 15% restocking fee will be charged on any refused shipment or unauthorized return.
- All merchandise returned to XS Scuba that requires reshipping to the customer will be assessed a 10% reship charge plus the additional freight costs.
- Claims for shortages, mis-shipments, incorrect products, or incorrect pricing must be reported to XS Scuba within 5 days of invoice date.