DIVESOFT WARRANTY DISCLAIMER and LIMITATION OF LIABILITY
The DIVESOFT product warranty may differ for each piece of equipment and may differ by model year as well. Usually it is limited to a period of 1 year (except markets within European union, where mandatory lenght of warranty period and conditions applies) from the date of consumer’s purchase of the Product (“Warranty Period”) unless otherwise specified. This date must be verified by a valid sales document (tax receipt or sales receipt). Warranty claims are only accepted upon return of the defective complete product and accompanied by a valid sales document (tax receipt or sales receipt) showing the date of purchase. DIVESOFT reserves the right to refuse free service if the required documentation cannot be provided or if information is incomplete, illegible, or incorrect.
HOW TO SUBMIT WARRANTY CLAIMS UNDER THE DIVESOFT WARRANTY
Warranty claims have to be submitted to the DIVESOFT dealer where the Product was purchased immediately after the malfunction or defect has been detected. The dealer will deliver the product to DIVESOFT. Customer can also contact DIVESOFT directly. If the Product had been purchased within the Warranty Period, as evidenced by the documentation requested above, and proves to be defective for any reason (other than those listed in the limitations) DIVESOFT will repair or replace the defect product at its own discretion at no charge with the exception of shipping costs to DIVESOFT which is the sole responsibility of the consumer. DIVESOFT reserves the right to replace the claimed product with a similar product of comparable value in case of unavailability of the defect product. All parts of the product or the product that DIVESOFT has replaced shall become the property of DIVESOFT. Any repaired or replaced product (or part) does not extend the original warranty beyond the period of 1 year from original date of purchase. If the Product is found not to be covered by the terms and conditions of this Limited Warranty, DIVESOFT reserves the right to charge a handling fee. In case the DIVESOFT product was purchased abroad the regional DIVESOFT distributor of your home country will render the respective warranty service. Please note that the regional DIVESOFT distributor is entitled to charge handling fees and all other freight and duty expenses related to a warranty claim for purchases made abroad. DIVESOFT will refuse warranty service if the product was NOT purchased from an DIVESOFT dealer as listed on https://www.divesoft.cz/us/map/
. In case the Product was purchased through an DIVESOFT online-store warranty service can only be provided through the Divesoft, LLC.
DEFECTS NOT COVERED BY THE DIVESOFT WARRANTY
Only defects or damages resulting from a failure in material or workmanship are covered by the DIVESOFT Warranty. Other defects or damages, in particular those listed below, are not covered by our warranty:
- Defects or damage caused by normal use and wear
- Defects or damage caused by heavy, unusual, or incorrect use, or use under abnormal conditions (blows, jerks, falls, bumps, etc.)
- Defects or damages caused by lack of or incorrect maintenance or through negligence
- Defects or damages known or evident at the time of purchase of the Product
- Clear defects or damage, tacitly accepted, that did not interfere with the product's operation
- Scratches or damage to the surfaces, glass, and all other external areas due to normal use of the product
- Defects or damages caused by cleaning materials or other substances containing aggressive chemicals (solvents, surfactants, aggressive cleansers, etc.)
- Defects or damages resulting from alterations and changes made to the Products without authorization
- Defects or damages caused by improper assembly of the components
- Defects or damages caused by failure to follow Product instructions in the User’s Manual
- Defects or damages caused by prolonged use of the Product in chlorinated or other polluted water
- Defects or damages caused by exposing the Product to excessive temperatures, fire, or prolonged exposure to sunlight. All components subject to normal wear and tear (O-Rings, filters, diaphragms, light bulbs and diodes, batteries, rubber parts, silicone parts, latex, neoprene, zippers, etc.) are not covered by the warranty unless it can be shown that the problem is a manufacturing defect. This warranty does not cover equipment used for rental, military or commercial purposes.
LIMITATION OF LIABILITY
DIVESOFT shall not be liable for any injury or damage that may, directly or indirectly, occur to persons, things, or animals resulting from the use of any DIVESOFT product. DIVESOFT shall not be liable for damage resulting from the failure to observe the full content of the Instruction Manual especially instructions concerning the use and maintenance of the product.
DIVESOFT will not be held responsible for any agreements written or oral except of those that are a part of this warranty statement.
DIVESOFT entire liability shall be limited to repair or replacement of the product at DIVESOFT option.
DIVESOFT will not pay any compensation for any inconveniences which might be caused by the inability to use the Product or for any potential expenses incurred while the Product is being repaired or replaced.
SHIPPING TAX AND DUTIES DISCLAIMER
DIVESOFT, LLC is not liable or responsible for lost, held, or damaged packages. We are not responsible for mis-delivery errors via carrier, or incorrect shipping info. Shipping is a service you purchase from USPS/ UPS/FedEx or another carrier along with your order from us, so any shipping issues must be handled by chosen carrier. INSURANCE is available to add to any order and is recommended for any order you can't afford to lose.
We are responsible for your new purchase until it reaches the U.S. Post Office/UPS/FedEx or another carrier. After that, it is out of our control. Insurance is to protect against loss or damage during shipping. If you choose not to buy insurance and your purchase is lost or damaged by USPS/UPS/FedEx or another carrier, we cannot provide a refund. All purchases are shipped by USPS and insured through those providers.
In the case that your shipment is lost or damaged in transit; you are responsible to file the claim with USPS/UPS/FedEx or another carrier. We are not responsible for lost packages during transit. We are not responsible for shipment sent to forwarding services or companies regardless of shipping service selected, if you place an order and your shipping address is a forwarding address you are responsible for contacting your forwarding company or service to locate your shipment. We are also not responsible to weather related damage or delays.
International orders: We are not responsible for any customs/broker fees and taxes or shipper’s fees you will incur or for delays because of customs. We have no way of knowing if you will incur a customs fee or not. If you do, we are not responsible, and you will not be reimbursed. You must read the policies before ordering you will not be refunded or reimbursed. We list and declare all items with their true value and we always state their true country of origin. We cannot track package shipped internationally once it leaves the USA, we are not responsible for packages hipped to international addresses. We list and declare all items with their true value and we always state their true country of origin.