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General Terms and Conditions issued by Koninklijke Metaalunie (the Dutch organization for small and medium-sized enterprises in the metal industry), referred to as the METAALUNIE TERMS AND CONDITIONS, filed at the Registry of the Rotterdam District Court on 1 January 2014.
Issued by Koninklijke Metaalunie, P.O. Box 2600, 3430 GA Nieuwegein, the Netherlands.
Koninklijke Metaalunie Article 1: Applicability 1.1. These Terms and Conditions apply to all offers made by members of Koninklijke Metaalunie, all agreements they conclude and all agreements that may result therefrom, all this in so far as the Metaalunie member is offeror or supplier. 1.2. A Metaalunie member using these Terms and Conditions is referred to as the Contractor. The other party is referred to as the Client. 1.3. In the event of any conflict between the substance of the agreement concluded between the Contractor and the Client and these Terms and Conditions, the provisions of the agreement will prevail. 1.4. These Terms and Conditions may only be used by Metaalunie members.
Article 2: Offers 2.1. All offers are without obligation. 2.2. If the Client provides the Contractor with data, drawings and the like, the Contractor may rely on their accuracy and completeness and will base its offer on the same. 2.3. The prices stated in the offer are based on delivery ex works, Contractor’s place of establishment, in accordance with the Incoterms 2010. Prices are exclusive of VAT and packaging. 2.4. If the Client does not accept the Contractor’s offer, the Contractor is entitled to charge the Client for all costs incurred by the Contractor in making the offer to the Client.
Article 3: Intellectual property rights 3.1. Unless otherwise agreed in writing, the Contractor retains the copyright and all industrial property rights in the offers made by it and in the designs, pictures, drawings, models (including trial models), software and the like provided by it. 3.2. The rights in the data referred to in paragraph 1 of this article will remain the property of the Contractor irrespective of whether the costs of their production have been charged to the Client. These data may not be copied, used or shown to third parties without the Contractor’s prior express written consent. The Client will owe the Contractor an immediately payable penalty of € 25,000 for each breach of this provision. This penalty may be claimed in addition to damages pursuant to the law. 3.3. On the Contractor’s first demand, the Client must return the data provided to it as referred to in paragraph 1 of this Article within the time limit set by the Contractor. Upon breach of this provision, the Client will owe the Contractor an immediately payable penalty of € 1,000 per day. This penalty may be claimed in addition to damages pursuant to the law.
Article 4: Advice and information provided 4.1. The Client cannot derive any rights from advice or information it obtains from the Contractor if this does not relate to the assignment. 4.2. If the Client provides the Contractor with data, drawings and the like, the Contractor may rely on their accuracy and completeness in the performance of the agreement. 4.3. The Client indemnifies the Contractor from and against all liability to third parties relating to use of the advice, drawings, calculations, designs, materials, samples, models and the like provided by or on behalf of the Client.
Article 5: Delivery period / performance period 5.1. The delivery period and/or performance period will be set by the Contractor on an approximate basis. 5.2. In setting the delivery period and/or performance period, the Contractor will assume that it will be able to perform the assignment under the conditions known to it at that time. 5.3. The delivery period and/or performance period will only commence once agreement has been reached on all commercial and technical details, all necessary data, final and approved drawings and the like are in the Contractor’s possession, the agreed payment or instalment has been received and the necessary conditions for performance of the assignment have been satisfied. 5.4. a. In the event of circumstances that differ from those that were known to the Contractor when it set the delivery period and/or performance period, it may extend the delivery period and/or performance period by such period as it needs to perform the assignment under such circumstances. If the work cannot be incorporated into the Contractor’s schedule, it will be performed as soon as the Contractor’s schedule so permits. b. In the event of any contract addition, the delivery period and/or performance period will be extended by such period as the Contractor needs to (cause to) supply the materials and parts for such work and to perform the contract addition. If the contract addition cannot be incorporated into the Contractor’s schedule, the work will be performed as soon as the Contractor’s schedule so permits. c. If the Contractor suspends its obligations, the delivery period and/or performance period will be extended by the duration of the suspension. If the continuation of the work cannot be incorporated into the Contractor’s schedule, the work will be performed as soon as the Contractor’s schedule so permits. d. In the event of inclement weather, the delivery period and/or performance period will be extended by the resulting delay. 5.5 The Client is required to pay all costs incurred by the Contractor as a result of delay affecting the delivery period and/or performance period as referred to in Article 5.4. 5.6 If the delivery period and/or performance period is/are exceeded, this will in no event entitle to damages or termination.
Article 6: Transfer of risk 6.1. Delivery will be made ex works, Contractor’s place of establishment, in accordance with the Incoterms 2010. The risk attached to the good passes to the Client at the time the Contractor makes the good available to the Client. 6.2. Notwithstanding the provisions in paragraph 1 of this article, the Client and Contractor may agree that the Contractor will arrange for transport. In that event, the risk of storage, loading, transport and unloading will be borne by the Client. The Client may insure itself against these risks. 6.3. In the event of a purchase in which a good is exchanged (inruil) and the Client retains the good to be exchanged pending delivery of the new good, the risk attached to the good to be exchanged remains with the Client until it has placed this good in the possession of the Contractor. If the Client cannot deliver the good to be exchanged in the condition that it was in when the agreement was concluded, the Contractor may terminate the agreement.
Article 7: Price change 7.1. The Contractor may pass on to the Client any increase in costing factors occurring after conclusion of the agreement. 7.2. The Client will be obliged to pay the price increase as referred to in paragraph 1 of this article on any of the occasions below, such at the discretion of the Contractor: a. upon the occurrence of the price increase; b. at the same time as payment of the principal sum; c. on the next agreed payment deadline.
Article 8: Force majeure 8.1. The Contractor is entitled to suspend performance of its obligations if it is temporarily prevented from performing its contractual obligations to the Client due to force majeure. 8.2 Force majeure is understood to mean, inter alia, the circumstance of failure by suppliers, the Contractor’s subcontractors or transport companies engaged by the Contractor to perform their obligations or perform them in good time, weather conditions, earthquakes, fire, power failure, loss, theft or destruction of tools or materials, road blocks, strikes or work stoppages and import or trade restrictions. 8.3 If the Contractor’s temporary inability to perform lasts for more than six months, it will no longer be entitled to suspend performance. On expiry of this deadline, the Client and the Contractor may terminate the agreement with immediate effect, but only as regards such part of the obligations that has not yet been performed. 8.4 In the event of force majeure where performance is or becomes permanently impossible, both parties are entitled to terminate the agreement with immediate effect as regards such part of the obligations that has not yet been performed. 8.5. The parties will not be entitled to compensation for damage suffered or to be suffered as a result of suspension or termination as referred to in this article.
Article 9: Scope of the work 9.1. The Client must ensure that all licences, exemptions and other administrative decisions necessary to carry out the work are obtained in good time. The Client is required upon the Contractor’s first demand to send the Contractor a copy of the documents mentioned above. 9.2 The price of the work does not include: a. the costs of earthwork, pile driving, cutting, breaking, foundation work, cementing, carpentry, plastering, painting, wallpapering, repair work or other construction work; b. the costs of connecting gas, water, electricity or other infrastructural facilities; c. the costs of preventing or limiting damage to any goods present on or near the work site. d. the costs of removal of materials, building materials or waste; e. travel and accommodation expenses.
Article 10: Changes to the work 10.1. Changes to the work will in any event result in contract variations work if: a. the design, specifications or contract documents are changed; b. the information provided by the Client is not factually accurate; c. quantities diverge by more than 10% from the estimates. 10.2. Contract additions will be charged on the basis of the pricing factors applicable at the time the contract addition is performed. Contract deductions will be charged on the basis of the pricing factors applicable at the time the agreement was concluded. 10.3. The Client will be obliged to pay the price of the contract addition as referred to in paragraph 1 of this article on any of the occasions below, such at the discretion of the Contractor: a. when the contract addition arises; b. at the same time as payment of the principal sum; c. on the next agreed payment deadline. 10.4. If the sum of the contract deduction exceeds that of the contract addition, in the final settlement the Contractor may charge the Client 10% of the difference. This provision does not apply to contract deductions that result from a request by the Contractor.
Article 11: Performance of the work 11.1. The Client will ensure that the Contractor can carry out its activities without interruption and at the agreed time and that the requisite facilities are made available to it when carrying out its activities, such as: a. gas, water and electricity; b. heating; c. lockable and dry storage space; d. facilities required pursuant to the Working Conditions Act and Working Conditions Regulations. 11.2. The Client bears the risk of and is liable for any damage connected with loss, theft, burning and damage to goods belonging to the Contractor, the Client and third parties, such as tools, materials intended for the work or material used in the work, that are located on the work site or at another agreed location. 11.3. The Client is obliged to adequately insure itself against the risks referred to in paragraph 2 of this article. In addition, the Client must procure insurance of work-related damage as regards the material to be used. Upon the Contractor first demand, the Client must send it a copy of the relevant insurance policy/policies and proof of payment of the premium. In the event of any damage, the Client is required to report this to its insurer without delay for further processing and settlement. 11.4. If the Client fails to perform its obligations as described in the previous paragraphs and this results in delayed performance of the activities, the activities will be carried out as soon as the Client performs its obligations as yet and the Contractor’s schedule so permits. The Client is liable for all damage suffered by the Contractor as a result of the delay.
Article 12: Completion of the work 12.1. The work is deemed to be completed in the following events: a. when the Client has approved the work; b. when the work is been taken into commission by the Client. If the Client takes part of the work into commission, that part will be deemed to be completed; c. if the Contractor notifies the Client in writing that the work has been completed and the Client does not inform it in writing as to whether or not the work is approved within 14 days of such notification having been made; d. if the Client does not approve the work due to minor defects or missing parts that can be rectified or subsequently delivered within 30 days and that do not prevent the work from being taken into commission. 12.2. If the Client does not approve the work, it is required to inform the Contractor of this in writing, stating reasons. The Client must provide the Contractor with the opportunity to complete the work as yet. 12.3. The Client indemnifies the Contractor from and against any claims by third parties for damage to non-completed parts of the work caused by use of parts of the work that have already been completed.
Article 13: Liability 13.1. In the event of an attributable failure, the Contractor is obliged to perform its contractual obligations as yet. 13.2 The Contractor’s obligation to pay damages, irrespective of the legal basis, is limited to damage for which the Contractor is insured under an insurance policy taken out by it or on its behalf, but will never exceed the amount paid out under this insurance in the relevant case. 13.3. If, for any reason whatsoever, the Contractor cannot invoke the limitation in paragraph 2 of this article, the obligation to pay damages will be limited to a maximum of 15% of the total assignment amount (excluding VAT). If the agreement comprises parts or partial deliveries, the obligation to pay damages is limited to a maximum of 15% (excluding VAT) of the assignment amount of that part or that partial delivery. 13.4. The following does not qualify for compensation: a. consequential loss, including business interruption loss, production loss, loss of profit, transport costs and travel and accommodation expenses. The Client may insure itself against this damage if possible; b. damage to goods in or under its care, custody or control. Such damage includes damage caused as a result of or during the performance of the work to goods on which work is being performed or to goods situated in the vicinity of the work site. The Client may insure itself against such damage if it so desires; c. damage caused by the intent or wilful recklessness of agents or non-management employees of the Contractor. 13.5. The Contractor is not liable for damage to material provided by or on behalf of the Client where that damage is the result of improper processing. 13.6 The Client indemnifies the Contractor from and against all claims by third parties on account of product liability as a result of a defect in a product supplied by the Client to a third party and that consisted, entirely or partially, of products and/or materials supplied by the Contractor. The Client is obliged to compensate all damage suffered by the Contractor in this respect, including the full costs of defence.
Article 14: Warranty and other claims 14.1. Unless otherwise agreed in writing, the Contractor warrants the proper execution of the agreed performance for a period of six months after delivery/completion. In the event that a different warranty period is agreed, the other paragraphs of this article are also applicable. 14.2. If the agreed performance was not properly executed, the Contractor will decide whether to properly execute it as yet or to credit the Client for a proportionate part of the invoice amount. If the Contractor chooses to properly execute the performance as yet, it will determine the manner and time of execution itself. If the agreed performance consisted (entirely or partially) of the processing of material provided by the Client, the Client must provide new material at its own risk and expense. 14.3. Parts or materials that are repaired or replaced by the Contractor must be sent to the Contractor by the Client. 14.4. The Client bears the expense of: a. all costs of transport or dispatch; b. costs of disassembly and assembly; c. travel and accommodation expenses. 14.5. The Client must in all cases offer the Contractor the opportunity to remedy any defect or to perform the processing again. 14.6. The Client may only invoke the warranty once it has satisfied all its obligations to the Contractor. 14.7. a. No warranty is given if the defects result from: – normal wear and tear; – improper use; – lack of maintenance or improper maintenance; – installation, fitting, modification or repair by the Client or third parties; – defects in or unsuitability of goods originating from, or prescribed by, the Client; – defects in or unsuitability of materials or auxiliary materials used by the Client. b. No warranty is given in respect of: – goods supplied that were not new at the time of delivery; – the inspection and repair of goods of the Client; – parts for which a manufacturer’s warranty has been provided. 14.8 The provisions of paragraphs 2 to 7 of this article apply mutatis mutandis to any claims by the Client based on breach of contract, non-conformity or on any other basis whatsoever. 14.9 The Client cannot assign any rights under this article.
Article 15: Obligation to complain 15.1 The Client can no longer invoke a defect in performance if it does not make a written complaint to the Contractor in respect thereof within fourteen days of the date it discovered, or should reasonably have discovered, the defect. 15.2 On pain of forfeiture of all rights, the Client must submit complaints regarding the amount invoiced to the Contractor in writing within the payment deadline. If the payment deadline is longer than thirty days, the Client must complain no later than thirty days after the date of the invoice.
Article 16: Failure to take delivery of goods 16.1 Upon expiry of the delivery period and/or performance period, the Client is obliged to take delivery of the good or goods forming the subject of the agreement. 16.2 The Client must lend all cooperation that can be reasonably expected from it to enable the Contractor to make the delivery. 16.3 If the Client does not take delivery of goods, such goods will be stored at the risk and expense of the Client. 16.4 Upon breach of the provisions in paragraphs 1 and/or 2 of this article, the Client will owe the Contractor a penalty of € 250 per day, to a maximum of € 25,000. This penalty may be claimed in addition to damages pursuant to the law.
Article 17: Payment 17.1. Payment will be made at the Contractor’s place of establishment or to an account to be designated by the Contractor. 17.2. Unless agreed otherwise, payment will be made as follows: a. in cash where sale is at the service desk; b. in the case of payments in instalments: – 40% of the total price upon assignment; – 50% of the total price after supply of the material or, if delivery of the material is not included in the assignment, after commencement of the work; – 10% of the total price upon completion; c. in all other cases, within thirty days of the date of the invoice. 17.3. If the Client fails to comply with its payment obligation, instead of paying the sum of money agreed it will be obliged to comply with a request by the Contractor for payment in kind (inbetalinggeving). 17.4. The right of the Client to set off or suspend amounts it is owed by the Contractor, save in the event of the Contractor’s bankruptcy or if statutory debt rescheduling applies to the Contractor. 17.5 Irrespective of whether the Contractor has fully executed the agreed performance, everything that is or will be owed to it by the Client under the agreement is immediately due and payable if: a. deadline for payment has been exceeded; b. an application has been made for the Client’s bankruptcy or suspension of payments; c. attachment is levied on the Client’s goods or claims; d. the Client (a company) is dissolved or wound up. e. the Client (a natural person) requests to be admitted to statutory debt rescheduling, is placed under guardianship or dies. 17.6 If payment is not made within the agreed payment deadline, the Client will immediately owe interest to the Contractor. The interest rate is 12% per annum, but is equal to the statutory interest rate if the latter rate is higher. When calculating interest, part of a month is regarded as a whole month. 17.7 The Contractor is authorised to set off its debts to the Client with amounts owed by the Client to companies affiliated with the Contractor. In addition, the Contractor is authorised to set off amounts owed to it by the Client with debts to the Client of companies affiliated with the Contractor. Further, the Contractor is authorised to set off its debts to the Client with amounts owed to the Contractor by companies affiliated with the Client. Affiliated companies are understood to mean the companies belonging to the same group, within the meaning of Article 2:24b Dutch Civil Code, and participating interests within the meaning of Article 2:24c Dutch Civil Code. 17.8 If payment is not made within the agreed payment deadline, the Client will owe the Contractor all extrajudicial costs, with a minimum of € 75. These costs will be calculated on the basis of the following table (principal sum plus interest): on the first € 3,000 15% on any additional amount up to € 6,000 10% on any additional amount up to € 15,000 8% on any additional amount up to € 60,000 5% on any additional amount from € 60,000 3% The extrajudicial costs actually incurred will be owed if these are higher than they would be according to the above calculation. 17.9 If judgment is rendered in favour of the Contractor in legal proceedings, all costs that it has incurred in relation to these proceedings will be borne by the Client.
Article 18: Security 18.1. Irrespective of the agreed payment conditions, upon the first demand of the Contractor the Client is obliged to provide such security for payment as the Contractor deems sufficient. If the Client does not comply with such demand within the period set, it will immediately be in default. In that event, the Contractor is entitled to terminate the agreement and to recover its damage from the Client. 18.2. The Contractor will retain ownership of any goods delivered as long as the Client: a. fails or will fail in the performance of its obligations under this agreement or other agreements; b. has not paid debts that have arisen due to nonperformance of the aforementioned agreements, such as damage, penalties, interest and costs. 18.3. As long the goods delivered are subject to retention of title, the Client may not encumber or alienate the same other than in the ordinary course of its business. 18.4. Once the Contractor has invoked its retention of title, it may take possession of the goods delivered. The Client will lend its full cooperation to this end. 18.5. The Contractor has a right of pledge and a right of retention in respect of all goods that are or will be held by it for any reason whatsoever and for all claims it has or might acquire against the Client in respect of anyone seeking their surrender. 18.6. If, after the goods have been delivered to the Client by the Contractor in accordance with the agreement, the Client has met its obligations, the retention of title will be revived with regard to such goods if the Client does not meet its obligations under any agreement subsequently concluded.
Article 19: Termination of the Agreement If the Client wishes to terminate the agreement without the Contractor being in default, and the Contractor agrees to this, the agreement will be terminated by mutual consent. In that case, the Contractor is entitled to compensation for all financial loss, such as loss suffered, loss of profit and costs incurred.
Article 20: Applicable law and competent court 20.1. Dutch law applies. 20.2. The Vienna Sales Convention (C.I.S.G.) does not apply, nor do any other international regulations the exclusion of which is permitted. 20.3. Disputes will be heard exclusively by the Dutch civil court with jurisdiction over the Contractor’s place of establishment, unless this is contrary to mandatory law. The Contractor may deviate from this rule of jurisdiction and apply the statutory rules of jurisdiction.
Article 21: Appendice, 21.1 Appendix 1: Advice to Attending Medic or Doctor
In the absence of a generic plastic information card, this page should be printed or cut from this document and sent with the patient to the medical facility.
The following general information should be communicated to the medical team.
“This man has been involved with high pressure water jetting at pressures up to 14,500 lb/in (100 MPa, 1000 bar, 1019 kg/cm2) with a jet velocity of up to 900 miles (1440 km) per hour.
Please take this into account when making your diagnosis.
Unusual infections with micro-aerophilic organisms occurring at lower temperatures have been recorded. These may be gram negative pathogens such as are found in sewage and seawater. Bacterial swabs and blood cultures may therefore be helpful.”
To assist with treatment in the event of injury to a diver from a high pressure water jet, a plastic card is available which highlights the overall nature of the incident. This card should be given to the attending medic or doctor.
It would also be helpful to provide specific information of the jetting activity.
Actual jetting pressure …………………………………………………………….. bar/psi
Source of water supply (Filtered seawater, fresh water or other medium)
Added chemicals (Include data sheets if available)
Details of grit or abrasives added (Size, composition, data sheets)
Details of possible residues from water jetting operation (Soft or hard marine growth, corroded metal, paint or concrete coatings)
The generic plastic information card is available from:
The Water Jetting Association, Thames Innovation Centre, Veridion Way, Erith, Kent DA18 4AL Tel +44 (0) 20 8320 1090
Article 22, 22.1 Appendix 2: DiveWise Equipment One (1) Year Limited Warranty
IMPORTANT: BY USING YOUR DIVEWISE EQUIPMENT PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE DIVEWISE EQUIPMENT 1 YEAR LIMITED WARRANTY (“WARRANTY”) AS SET OUT BELOW. DO NOT USE YOUR PRODUCT UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY.
22.2 WHAT IS COVERED BY THIS WARRANTY
DiveWise Equipment of ABC-Westland 197, 2685 DB Poeldijk, the Netherlands (“DiveWise Equipment”) warrants the DIVEWISE EQUIPMENT-branded product and DIVEWISE EQUIPMENT-branded accessories contained in the original packaging (“DIVEWISE EQUIPMENT product”) against defects in materials and workmanship when used normally in accordance with the provided User Manual and published guidelines for a period of ONE (1) YEAR from the date of purchase by the original purchaser (“Warranty Period”). DIVEWISE EQUIPMENT’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.
22.3 WHAT IS NOT COVERED BY THIS WARRANTY
This warranty does not apply to any non-DIVEWISE EQUIPMENT branded hardware products or any software, even if packaged or sold with DIVEWISE EQUIPMENT hardware. Manufacturers, suppliers, or publishers, other than DIVEWISE EQUIPMENT, may provide their own warranties to you – please contact them for further information. Software distributed by DIVEWISE EQUIPMENT with or without the DIVEWISE EQUIPMENT brand (including, but not limited to operating software) is not covered by this warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. DIVEWISE EQUIPMENT does not warrant that the operation of the DIVEWISE EQUIPMENT product will be uninterrupted or error-free. DIVEWISE EQUIPMENT is not responsible for damage arising from failure to follow instructions relating to the DIVEWISE EQUIPMENT product’s use.
This warranty does not apply: (a) to protective coatings that are designed to diminish over time or batteries, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches and dents unless failure has occurred due to a defect in materials or workmanship; (c) to damage caused by use with a third party component or product not obtained from or approved in writing by DIVEWISE EQUIPMENT; (d) to damage caused by accident, abuse, misuse, misapplication, negligence, fire, freezing, freight, liquid contact or other external cause; (e) to damage caused by operating the product outside DIVEWISE EQUIPMENT’s published guidelines; (f) to damage or malfunction directly or indirectly caused by, due to or resulting from any maintenance not performed as required to the scheduled intervals specified in DIVEWISE EQUIPMENTS’s published guidelines and service (including upgrades and expansions) performed by anyone without DIVEWISE EQUIPMENT’s written approval; (g) to an DIVEWISE EQUIPMENT product or part thereof that has been opened and/ or modified to alter functionality or capability without DIVEWISE EQUIPMENT’s written approval; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the DIVEWISE EQUIPMENT product; (i) if any serial number has been removed or defaced from the DIVEWISE EQUIPMENT product; or (j) if there is no direct proof indicating that you are the authorized user of the product (eg. by presenting proof of purchase).
IMPORTANT: DO NOT OPEN THE COVERED DIVEWISE EQUIPMENT PRODUCT, AS DAMAGE CAUSED AS A RESULT OF OPENING THE DIVEWISE EQUIPMENT PRODUCT IS NOT COVERED BY THIS WARRANTY.
IMPORTANT: YOU MAY BE RESPONSIBLE FOR ALL CHARGES, INCLUDING BUT NOT LIMITED TO SHIPPING, HANDLING, (TEMPORARY) PRODUCT REPLACEMENT OR PARTS AND LABOR IF WARRANTY DOES NOT APPLY.
22.4 YOUR RESPONSIBILITIES
IF YOUR DIVEWISE EQUIPMENT PRODUCT OR PART THEREOF IS CAPABLE OF STORING SOFTWARE PROGRAMS, DATA AND OTHER INFORMATION, YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE INFORMATION CONTAINED ON THE STORAGE MEDIA TO PROTECT THE CONTENTS AND AS A PRECAUTION AGAINST POSSIBLE OPERATIONAL FAILURES.
To receive warranty service, you agree to comply with each of the terms listed below.
(i) You will access and review the User Manual and Maintenance Manual (if applicable) prior to seeking warranty service and follow DIVEWISE EQUIPMENT’s procedures for obtaining warranty service.
(ii) You will provide detailed information about the symptoms, causes, history of attempts made to solve the issues of the DIVEWISE EQUIPMENT-branded product and any repairs or services that were not performed by DIVEWISE EQUIPMENT or an authorized service provider, including but not limited to providing remote software access, photos and (live) videos. When contacting DIVEWISE EQUIPMENT via telephone or providing remote access, photos and (live) videos, other charges may apply depending on your location.
(iii) You will respond to all requests for information, including but not limited to the serial number, model, version of the operating system and software installed, questions designed to assist with diagnosing potential issues, any peripherals devices connected or used in combination with the DIVEWISE EQUIPMENT product, any error messages displayed, the actions which were taken before the DIVEWISE EQUIPMENT product experienced the issue, the steps taken to resolve the issue.
(iv) You will follow instructions DIVEWISE EQUIPMENT gives you, including but not limited to refraining from sending DIVEWISE EQUIPMENT products and accessories that are not subject to warranty service and packing the DIVEWISE EQUIPMENT product in accordance with shipping instructions.
(v). You will maintain a separate backup copy of the contents of its storage media, remove all personal information that you want to protect and disable all security passwords before submitting your DIVEWISE EQUIPMENT product for warranty service.
DURING WARRANTY SERVICE IT IS POSSIBLE THAT THE CONTENTS OF THE DIVEWISE EQUIPMENT PRODUCT’S STORAGE MEDIA WILL BE LOST, REPLACED OR REFORMATTED. IN SUCH AN EVENT DIVEWISE EQUIPMENT AND ITS AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS OF SOFTWARE PROGRAMS, DATA OR OTHER INFORMATION CONTAINED ON THE STORAGE MEDIA OR ANY OTHER PART OF THE DIVEWISE EQUIPMENT PRODUCT SERVICED.
Following warranty service your DIVEWISE EQUIPMENT product or a replacement device will be returned to you as your DIVEWISE EQUIPMENT product was configured when originally purchased, subject to applicable updates. DIVEWISE EQUIPMENT may install system software updates as part of warranty service that will prevent the DIVEWISE EQUIPMENT product from reverting to an earlier version of the system software. Third party applications installed on the DIVEWISE EQUIPMENT product may not be compatible or work with the DIVEWISE EQUIPMENT product as a result of the system software update. You will be responsible for reinstalling all other software programs, data and information. Recovery and reinstallation of other software programs, data and information are not covered under this warranty.
22.5 WHAT WILL DIVEWISE EQUIPMENT DO IN THE EVENT THE WARRANTY IS BREACHED?
If during the warranty Period you submit a claim to DIVEWISE EQUIPMENT or an authorized service provider in accordance with this warranty, DIVEWISE EQUIPMENT will, at its option:
(i) repair the DIVEWISE EQUIPMENT product using new or previously used parts that are equivalent to new in performance and reliability, or
(ii) replace the DIVEWISE EQUIPMENT product with the same model (or with your consent a product that has similar functionality) formed from new and/or previously used parts that are equivalent to new in performance and reliability.
DIVEWISE EQUIPMENT may request that you replace certain parts or DIVEWISE EQUIPMENT products. A replacement part or DIVEWISE EQUIPMENT product, including a user-installable part that has been installed in accordance with instructions provided by DIVEWISE EQUIPMENT, assumes the remaining term of the warranty or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When an DIVEWISE EQUIPMENT product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes DIVEWISE EQUIPMENT’s property.
22.6 HOW TO OBTAIN WARRANTY SERVICE?
Please access and review the User Manual and the Maintenance Manual (if applicable) before seeking warranty service. If the DIVEWISE EQUIPMENT Product is still not functioning properly after making use of these resources, please contact an DIVEWISE EQUIPMENT service representative or authorized service provider using the information provided below. An DIVEWISE EQUIPMENT representative or authorized service provider will help determine whether your DIVEWISE EQUIPMENT product requires service and, if it does, will inform you how DIVEWISE EQUIPMENT will provide it. When contacting DIVEWISE EQUIPMENT via telephone, other charges may apply depending on your location.
Contact information for obtaining warranty service is provided below.
22.7 WARRANTY SERVICE OPTIONS
DIVEWISE EQUIPMENT will provide warranty service through one or more of the following options:
(i) Carry-in service. You may return your DIVEWISE EQUIPMENT product to DIVEWISE EQUIPMENT or an authorized service provider offering carry-in service. Service will be performed at the location, or the authorized service provider may send your
22.8 CaviWise USER MANUAL
DIVEWISE EQUIPMENT product to DIVEWISE EQUIPMENT to be serviced. Once you are notified that service is complete, you will retrieve the DIVEWISE EQUIPMENT product without delay unless DIVEWISE EQUIPMENT notifies you that the DIVEWISE EQUIPMENT product will be sent directly to your location.
(ii) Mail-in service. If DIVEWISE EQUIPMENT determines that your DIVEWISE EQUIPMENT product is eligible for mail-in service, DIVEWISE EQUIPMENT will send you prepaid waybills to be used with the original packaging and instructions on how to properly pack and address your product, so that you may ship your product to DIVEWISE EQUIPMENT or an authorized service provider location. Instructions may be sent to you via E-mail. Once service is completed, DIVEWISE EQUIPMENT or the authorized service provider will return the product to you. DIVEWISE EQUIPMENT will pay for economy shipping to and from your location if all instructions regarding the warranty claim, method of packaging and shipping the product are followed.
(iii) Self-service. Self-service parts allow you to service your own DIVEWISE EQUIPMENT product. If self-service is available in the circumstances, the following process will apply.
(a) Service where DIVEWISE EQUIPMENT requires return of the replaced product or part. DIVEWISE EQUIPMENT will ship a replacement product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced product or part. If you fail to follow the instructions or return the replaced product or part as instructed or return a replaced product or part that is ineligible for service, DIVEWISE EQUIPMENT will charge you for the amount of the replacement product or part and shipping to and from your location.
(b) Service where DIVEWISE EQUIPMENT does not require return of the replaced product or part. DIVEWISE EQUIPMENT will ship you free of charge a replacement product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced DIVEWISE EQUIPMENT Product or part. DIVEWISE EQUIPMENT may require photos or videos of the installed replacement product.
(c) DIVEWISE EQUIPMENT is not responsible for any labor costs you incur relating to self-service. Should you require further assistance, contact DIVEWISE EQUIPMENT at the telephone number listed below.
DIVEWISE EQUIPMENT reserves the right to change the method by which DIVEWISE EQUIPMENT may provide warranty service to you, and your DIVEWISE EQUIPMENT product’s eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country. You may be responsible for shipping and handling charges for expedited service or if the DIVEWISE EQUIPMENT product cannot be serviced in the country it is in. If you seek service in a country that is not the country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. For international service, DIVEWISE EQUIPMENT may repair or replace DIVEWISE EQUIPMENT Products and parts with comparable DIVEWISE EQUIPMENT products and parts that comply with local standards.
22.9 LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIVEWISE EQUIPMENT IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE DIVEWISE EQUIPMENT PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED IN THE DIVEWISE EQUIPMENT PRODUCT.
THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. DIVEWISE EQUIPMENT DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY DIVEWISE EQUIPMENT PRODUCT UNDER THIS WARRANTY OR REPLACE THE DIVEWISE EQUIPMENT PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED ON THE DIVEWISE EQUIPMENT PRODUCT.
Article 23 GENERAL
No DIVEWISE EQUIPMENT reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This warranty is governed by and construed under the laws of the Netherlands. DIVEWISE EQUIPMENT or its successor in title is the warrantor under this warranty.
DIVEWISE EQUIPMENT B.V.
2685 DB, Poeldijk
+31 (0)174 – 289 475