AP DIVING EQUIPMENT SERVICING

TERMS AND CONDITIONS

FOR END USER CUSTOMERS

1. Applicability of these Terms and Conditions

Except as expressly set forth below or as otherwise mutually agreed to by the parties in writing, these Terms and Conditions For End User Customers set forth the terms and conditions pursuant to which AP DIVING will provide Services to end user customers based upon such Service Schedule or Statement of Work which Customer has purchased directly from AP DIVING.

By submitting an Order for dive equipment servicing to AP DIVING, the Customer is entering into a contract with AP DIVING and agrees to be bound by these Terms and Conditions.

2. Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

• " AP DIVING " shall mean Ambient Pressure Diving Ltd (UK) as applicable.
• " AP DIVING Products" means the AP DIVING branded products and/or product families generally made available in the marketplace.
• " AP DIVING Web Site" means the AP DIVING public website currently located at apdiving.com.
• “Assessment” means the initial investigation of the Product to determine the extent of the work required.
• “Customer” means the End User Customer of AP DIVING Products and Services
• "Services" means the AP DIVING branded services provided under a relevant Service Schedule or Statement of Work.
• "Service Schedule" means the AP DIVING service descriptions and prices in the Service Guide-lines made available to the Customer through the AP DIVING Web Site at https://www.apdiving.eu/en/service/service-guidelines-prices/
• “Statement of Work” means a written or verbal description of the work to be performed by AP DIVING that is agreed between AP DIVING and the Customer.
• “Order” means a written or verbal agreement for AP DIVING to undertake the work detailed in a Service Schedule or Statement of Work at the price agreed and is bound by these Terms and Conditions.
• “Service Exchange” means the replacement of worn, faulty or damaged parts with new parts whereby the faulty parts are quarantined by AP DIVING and will eventually be disposed of safely in accordance with UK regulations at AP DIVING’s expense.

3. Service Schedules, Assessments & Statements of Work

1. The AP DIVING Service Schedule descriptions and prices laid out on the AP DIVING Web Site are guidelines to calculate an approximate cost of repairing and servicing dive equipment.
2. On receipt of the dive equipment, AP DIVING will assess each item on an individual basis.
3. Assessment may involve some degree of dis-assembly.
4. Following Assessment, it may be that additional work is required outside that stated in the Service Schedule and therefore the price of the service may be higher than stated on the AP Diving Web Site.
5. If this is the case, AP DIVING will contact the Customer before any further work is carried out.
6. AP DIVING will make every effort on request to provide the Customer with verbal and/or photographic evidence that additional work to that laid out in the Service Schedule is required.
7. A verbal or written Statement of Work and price will be agreed which will constitute an amended Order and a new service contract, which is bound by these Terms and Conditions.
8. If the Customer does not agree to the amended Order, AP DIVING will do no more work on the item and the equipment will be returned to the Customer, in a disassembled state, if this was necessary for Assessment.
9. The Customer is liable for an Assessment charge of £30.00 + VAT.
10. The Customer is liable for return carriage costs.

4. Replacement Parts

All Replacement Parts provided pursuant to a Service Schedule or Statement of Work will be genuine AP DIVING parts as fitted to an equivalent new AP DIVING Product.

Replacement Parts will be provided on a standard practice Service Exchange basis. This means that worn, faulty or damaged parts removed from AP DIVING Products for replacement will become the property of AP DIVING, will be quarantined and eventually disposed of safely in accordance with the relevant UK regulations, at AP DIVING’s expense.* Faulty parts will be stored for 90 days from removal and made available for photography, test or inspection by the Customer on request.

*AP DIVING has a duty of care under Common Law to prevent faulty and potentially dangerous equipment re-entering circulation where there is a clear ‘foreseeability’ as to the harm those items could cause.

5. Rebreather Qualification

As a responsible manufacturer, it has always been the policy of AP DIVING to only sell complete rebreathers or rebreather spare parts to trained divers or divers undergoing training with an appropriate level, AP rebreather-specific, qualification from one of the recognised Rebreather Training Agencies.

Unqualified Customers who purchase second-hand equipment from a third party and request service or repair by AP DIVING will be contacted to discuss their training intentions. AP DIVING reserves the right to refuse service or repair in cases where it is clear no intention to pursue training is demonstrated by the Customer.

If Customers inform AP DIVING that they intend to become qualified and require service or repair of the equipment in order to use it on a training course, AP DIVING will agree to carry out the work on the proviso that AP DIVING first receive a signed return stating that the Customer has “read and understood” a letter from AP DIVING strongly advising that the Customer “is not to use the Rebreather until they begin their training course with an instructor or have completed the necessary training.” 

6. Modified Equipment

If Customers submit AP Diving manufactured equipment for servicing that has been modified in such a way that it is considered by AP Diving to be potentially dangerous or harmful to the diver or others if used, AP Diving will make every effort to communicate these concerns to the Customer. AP Diving reserves the right to refuse to service such equipment. The Customer is liable for return carriage costs.

7. Failure to Collect

If Customers submit AP Diving manufactured equipment for servicing but then either fail to pay for a service, fail to pay for return carriage costs or fail to collect the equipment, AP Diving will store the equipment for 12 months from the date of arrival. AP Diving will contact the Customer frequently during this period to request payment and/or that they retrieve their equipment. If there are special circumstances for non-retrieval, at the discretion of AP Diving, equipment may be stored beyond the 12-month period. If there are no special circumstances, the Customer has been given frequent reminders and still failed to retrieve items, then the equipment will be disposed of safely in accordance with the relevant UK regulations, at AP DIVING’s expense.

8. Warranty

All service and repair work comes with the manufacturer’s warranty appropriate for that AP DIVING Product from the date of shipment or the remainder of the initial warranty period, whichever is longer.

9. Payment & Carriage

BCD Service Schedule Prices in the Service Guide-lines on the AP DIVING Web Site include VAT and return carriage to Mainland UK locations only. Return carriage prices to other locations will be quoted to the Customer on enquiry and agreed before work commences.

Rebreather Service Schedule Prices in the Service Guide-lines on the AP DIVING Web Site include VAT but exclude return carriage. Return carriage prices will be quoted to the Customer. All work, Service Schedule or Statement of Work and carriage costs will be agreed with the Customer and payment taken before work commences.

Products will not be dispatched from AP DIVING until the Customer has made full payment of the agreed costs.

10. Termination

The Customer may terminate this service / repair contract if verbal or written notice is given to AP DIVING prior to work commencing. The Customer is liable for return carriage costs.

AP DIVING may terminate the contract if the Customer fails to make payment. The Customer is liable for the return carriage costs and an Assessment charge of £30.00 + VAT. 

11. Intellectual Property

Each party shall retain all right, title and interest in and to, and possession of their respective pre-existing intellectual property. Furthermore, AP DIVING shall retain all right, title and interest in and to, and possession of, any know-how, technical information, specifications, documents, ideas, concepts, methods, processes, techniques and inventions developed or created by or on behalf of AP DIVING relating to Services performed under or in relation to a Service Schedule or Statement of Work.

12. Force Majeure

Neither party (AP DIVING or the Customer) shall be responsible for any event, which is outside our reasonable control, nor for any consequential loss arising from such an event.

13. English Law

All AP DIVING Products and Services are sold only on the understanding that only English Law applies in case of warranty claims and product liability, regardless of where the equipment is purchased or where used.