Sales Terms and Conditions

    These General Terms of Sale shall govern all purchases of diving equipment and accessories, spare parts, service kits, and related items sold by Sues Sport USA, Inc., a Delaware corporation through UPS  to individual customers. By placing an order, creating an account, or otherwise purchasing any of the Products, you agree to these Terms. 

    • Eligibility 

    The Products are offered for purchase for personal, non-commercial use only within the United States. By placing an order, you represent that: you are at least 18 years old (or the age of majority in your state); and you are purchasing Products for personal use and not for resale or commercial distribution. We reserve the right to refuse or cancel orders that appear to be placed for resale or unauthorized commercial purposes.

    • Entire Agreement; Order of Precedence

    These Terms, together with your order confirmation and our privacy policy, form the entire agreement regarding your purchase. Buyer’s additional or different terms (including in any purchase order) are rejected and will not apply, even if referenced in an order.

    • Account     

    You may be required to create an account to purchase Products. You agree to: (i) Provide accurate and current information; (ii) Maintain the confidentiality of your login credential; (iii) Notify us promptly of any unauthorized use. You are responsible for all activity under your account.Seller may monitor transactions for fraud prevention and channel compliance purposes. Buyer shall not resell Products on any third-party marketplace platform (including, without limitation, Amazon, eBay, Walmart Marketplace, or similar platforms) without Seller’s prior written authorization. Drop-shipping, private labeling, rebranding, or alteration of packaging is prohibited unless expressly authorized in writing by Seller. Seller reserves the right to suspend or terminate accounts for violation of these policies.    

    •  Quotes; Pricing; Taxes

    1. Pricing. Prices are in United States Dollars unless stated otherwise and may be changed without notice. The price charged will be the price in effect at the time your order is accepted. Seller reserves the right to refuse or cancel any order at any time prior to shipment for any reason, including suspected fraud, pricing errors, regulatory compliance concerns, or inventory unavailability.
    2. Errors. Seller may correct pricing/description errors and cancel affected orders.
    3. Taxes. Prices exclude all sales, use, excise, and similar taxes. Buyer is responsible for taxes unless Buyer provides a valid exemption certificate.
    4. Payment is due at the time of order. We reserve the right to cancel or refuse any order for suspected fraud or unauthorized transactions. 

    • Orders; Acceptance; Cancellations

    Buyer’s order is an offer. Seller may accept by sending an order acknowledgement, charging payment, and/or shipping. Orders placed electronically, including via website checkout, portal submission, email confirmation, or click-through acceptance, constitute legally binding offers. Electronic records, confirmations, and acknowledgements shall be deemed writings for purposes of applicable law. Buyer agrees that electronic acceptance of these Terms has the same force and effect as a signed agreement.

    1. Cancellations/changes. Buyer may not cancel or modify an order after acceptance except with Seller’s written consent and may be subject to restocking costs and other fees.

    2. Partial shipments. Seller may ship orders in partial shipments.

    • Payment Terms; Credit

    1. Payment. Payment is due at checkout on the Site.

    2. Setoff. Buyer may not set off amounts from the purchase price.

    3. Seller may utilize third-party payment processors. Seller is not responsible for errors, delays, or security incidents attributable to such processors. Buyer agrees not to initiate chargebacks or payment reversals for valid transactions. In the event of a disputed charge, Buyer shall first notify Seller and cooperate in good faith to resolve the matter. Seller reserves the right to suspend shipments, accounts, or credit privileges in the event of suspected fraud, payment disputes, excessive chargebacks, or misuse of payment systems.     

    • Shipping; Delivery; Title; Risk of Loss

    1.  US-only shipping. Seller ships only to addresses within the United States

    2. Delivery dates. Delivery dates are estimates only. Seller is not liable for delays beyond its reasonable control.

    3. Inspection on receipt. Buyer must inspect shipments promptly and notify Seller of visible damage or shortages within ten  days of receipt.

    4. Seller does not guarantee product availability. Seller may cancel unavailable items or place them on backorder at its discretion. Backordered items may ship separately when available.

    •  Returns; Restocking; Non-Returnable Items

    1. Return Merchandise Authorization (“RMA”) required. Returns require Seller’s prior written approval and a unique RMA number.

    2.  Return window/condition. Authorized returns must be shipped back within ten (10) days of approval, unused, in original packaging, and in resalable condition. Refunds for approved returns shall be made using the same method used by the Buyer to make payment of the returned order. 

    3.  Fees. Returned Products may be subject to a restocking fee of up to 20% plus shipping/handling.

    4. Non-returnable. No returns for (a) special order or discontinued items, (b) items marked final sale, (c) used/installed Products, (d) items missing parts/packaging, or (e) items exposed to contamination or misuse (as determined by Seller).

    5. Incorrect orders. If Seller shipped the wrong Product, Seller will cover return shipping and ship the correct item (or refund).

    •  DPV Safety Notice; Proper Use and User Responsibility

    Diving equipment involves inherent risks and may cause serious injury or death if improperly selected, installed, serviced, handled, or used. The Products include Diver Propulsion Vehicles (“DPVs”) designed solely to assist the movement of properly trained divers underwater. The DPV is not a life-saving device and must not be relied upon for emergency ascent, decompression management, or survival.The Buyer acknowledges and agrees that:

    • The DPV must be used only by individuals who have received appropriate training and certification from recognized diving agencies. 

    • The DPV must be used strictly in accordance with the official SUEX user manual and all applicable instructions, warnings, and maintenance requirements. 

    • Improper use, lack of maintenance, or failure to follow instructions may result in serious injury.or death; and it may cause damage to the Product. 

     Buyer further acknowledges that:

    • The DPV is intended exclusively for underwater propulsion; any other use is prohibited and potentially hazardous. 

    • The diver must plan all dives independently of the DPV, taking into account that the device may stop functioning at any time (including, but not limited to, due to battery depletion or malfunction). 

    • The diver must always be able to safely complete the dive without relying on the DPV. 

    Use of the DPV involves inherent risks, including but not limited to:

    • collision risks due to propulsion speed;

    • entanglement hazards with lines, equipment, or environmental obstacles;

    • risks associated with the propeller, including contact with moving parts or ingestion of foreign objects; and

    • risks arising from improper configuration, towing setup, or diver positioning. 

    The Buyer is solely responsible for ensuring that:

    • all equipment is properly configured and secured to avoid entanglement;

    • the DPV is correctly connected and can be immediately released in case of emergency;

    • the propeller area is kept clear from body parts, equipment, or external objects at all times; and

    • the DPV is used only in suitable environmental conditions and within its design limits (including depth and operating environments). 

    Any modification, tampering, or unauthorized repair of the DPV or its components (including battery systems) is strictly prohibited and may:

    • create serious safety hazards;

    • impair performance and safety systems; and

    • will void any applicable warranty. 

    To the maximum extent permitted by law, the Seller shall not be liable for any injury, death, loss, or damage arising from:

    • improper use of the DPV;

    • failure to follow instructions, warnings, or maintenance procedures;

    • use by untrained or uncertified individuals; or

    • reliance on the DPV as a safety or rescue device. 

    Use of the DPV is entirely at the user’s own risk.Buyer acknowledges that Products must be selected, installed, maintained, inspected, and used only by properly trained personnel and end users, consistent with manufacturer instructions, applicable training standards, industry best practices, and applicable laws and as otherwise set forth herein.. Buyer assumes full responsibility for ensuring that all personnel within its distribution channel and all end users receive appropriate training, certifications, warnings, safety information, and instructions for proper handling and use of the Products. Buyer further agrees to communicate all safety notices, updates, and manufacturer instructions to downstream purchasers and end users in a timely manner.     Buyer further acknowledges that certain Products (including regulators, buoyancy compensators, cylinders/valves, gas delivery systems, and oxygen-enriched air (Nitrox)/oxygen service components) may require specialized handling, compatibility checks, oxygen-clean procedures, periodic inspection, or service by authorized and qualified technicians. Buyer is solely responsible for verifying suitability and compliance with applicable specifications and standards. Seller shall have no responsibility or liability arising from improper selection, installation, maintenance, inspection, servicing, handling, modification, misuse, or use of the Products inconsistent with applicable instructions, standards, or laws.

    • Product Information; Documentation

    Seller may provide Product documentation, including but not limited to user manuals, technical data sheets, service intervals, and compatibility notes (collectively, “Documentation”), where available.The Buyer acknowledges and agrees that:

    • the Documentation is an essential part of the Product and must be carefully read and understood before use;

    • the Products must be used strictly in accordance with the most current version of the Documentation and all applicable instructions and warnings; and

    • failure to follow the Documentation may result in improper use, product malfunction, or hazardous situations, including serious injury or death; 

    The Buyer is solely responsible for:

    • obtaining and using the most up-to-date version of the Documentation;

    • ensuring that all users and, where applicable, downstream purchasers receive appropriate instructions, warnings, and safety information; and

    • implementing all safety, use, and maintenance requirements described in the Documentation.

    • Documentation may be updated from time to time without notice.

    To the maximum extent permitted by law, the Seller shall not be liable for any damages, losses, or injuries arising from, including but not limited to:

    • failure to obtain or review the current Documentation;

    • failure to follow instructions, warnings, or updates; or

    • reliance on outdated, incomplete, or incorrect information.

    •  Warranty

    1. Manufacturer WarrantyTo the extent applicable, Products may be covered by a manufacturer’s limited warranty. Any such warranty is provided solely by the manufacturer and is subject to its terms, conditions, and limitations. The Seller will pass through such warranty rights to the Buyer to the extent permitted.  Seller makes no independent representation or warranty regarding the scope, enforceability, or availability of any manufacturer warranty and shall have no obligation to administer, enforce, or assume liability under any such warranty.
    2.  Limited Seller WarrantyUnless expressly stated otherwise in writing, the Seller does not provide any independent warranty on the Products. If and solely to the extent Seller provides a written limited warranty, such warranty shall be as set forth in Seller’s published warranty terms in effect as of the date of shipment, which are incorporated herein by reference.The Products are delivered in proper working condition and are intended to be used strictly in accordance with:

    • the official SUEX user manuals;

    • all safety instructions and warnings; and

    • applicable maintenance and service requirements. 

    Failure to comply with such instructions:

    • may compromise product performance and safety;

    • may result in hazardous situations; and

    • will void any applicable warranty

    3. Conditions and ExclusionsAny warranty does not apply to, and shall be void in case of:

    • improper use, misuse, or use not consistent with intended purpose;

    • failure to follow instructions, warnings, or maintenance procedures;

    • lack of proper training or certification where required;

    • unauthorized repairs, modifications, or tampering;

    • damage caused by improper handling, storage, transport, or environmental conditions;

    • normal wear and tear;

    • battery misuse, improper charging, or failure to follow battery handling instructions; or

    • use of non-approved components or accessories.

    4. Service and MaintenanceThe Buyer acknowledges that proper maintenance is essential for the safe and correct operation of the Products.Certain components (including batteries and sealing systems) require periodic inspection, servicing, or replacement by qualified personnel. Failure to properly maintain the Product may result in malfunction or failure; or safety risks and will result in loss of warranty coverage. 5. Exclusive RemedyTo the extent any warranty applies, the Buyer’s sole and exclusive remedy shall be, at the Seller’s sole option:

    • repair;

    • replacement;

    • or refund of the defective Product.

    6. Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE PRODUCTS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.”THE SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY LAW.

    • Regulatory; Recalls; Safety Notices

    Buyer will comply with all applicable federal and state laws related to storage, marketing, labeling, and resale of Products.If a Product is subject to a recall, field safety notice, or corrective action, Buyer will reasonably cooperate with Seller and the manufacturer, as directed, and returning or quarantining affected inventory where required.

    •  Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW:1. No consequential damages. SELLER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.2. Maximum Liability. SELLER’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO ANY ORDER OR PRODUCTS WILL NOT EXCEED THE AMOUNTS PAID BY BUYER FOR THE SPECIFIC PRODUCTS GIVING RISE TO THE CLAIM IN THE [12] MONTHS? BEFORE THE EVENT.3. Allocation of risk. The parties acknowledge this limitation is a material basis of the bargain and pricing.

    • Indemnification

    Buyer will defend, indemnify, and hold harmless Seller and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including attorneys’ fees) arising out of or related to: (i) Buyer’s resale, marketing, labeling, bundling, or modification of Products; (ii) Buyer’s breach of these Terms; (iii) Buyer’s negligence or willful misconduct; or (iv) Buyer’s failure to provide appropriate warnings/instructions to end users.

    • Export Controls; Sanctions

    Buyer represents it will comply with applicable US export control and sanctions laws and will not resell, export, re-export, or transfer Products in violation of such laws.

    •  Force Majeure

    Seller is not liable for failure or delay caused by events beyond Seller’s reasonable control, including but not limited to supply shortages, carrier disruptions, acts of God, labor disputes, government actions, pandemics, or power/internet outages.

    • Governing Law; Venue 

    These Terms and all disputes arising from them are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Any legal action must be brought in the state or federal courts located in Delaware, and each party consents to personal jurisdiction and venue there.

    • Confidentiality

    Buyer shall not disclose or use Seller’s non-public information, including pricing, discount structures, and trade terms, except as necessary to perform under this Agreement. Buyer may share such information only with personnel or advisors who have a need to know and are bound by confidentiality obligations. Buyer shall protect Seller’s confidential information using reasonable care. Buyer may disclose Confidential Information if required by law, regulation, or court order, provided that (to the extent legally permitted) Buyer gives Seller prompt written notice and reasonably cooperates with Seller in seeking confidential treatment or a protective order. These obligations do not apply to information that is publicly available without breach, lawfully known prior to disclosure, independently developed, or lawfully obtained without restriction. Upon termination or request, Buyer shall cease use of and return or destroy confidential information. This Section survives termination, and for trade secrets, for so long as protected by law.

    • Intellectual Property; Brand Use

    Seller retains all right, title, and interest in and to its trademarks, service marks, trade names, logos, product names, domain names, copyrights, product images, marketing materials, technical documentation, and all other intellectual property rights related to the Products (“Seller IP”). No rights are granted to Buyer.

    • Website Use / Ecommerce Platform

    Seller does not guarantee that the Site or any related portal will be uninterrupted, secure, or error-free. Seller may suspend, restrict, modify, or discontinue any portion of the Site at any time without liability. Buyer is responsible for maintaining the confidentiality of account credentials and for all activity conducted under its account. Buyer shall promptly notify Seller of any suspected unauthorized access or security breach. Seller shall not be liable for losses arising from internet outages, cybersecurity incidents, system failures, or events beyond its reasonable control. Seller or Platform Provider (as defined below) may collect and process contact information and transactional data in connection with orders and account management. Such information shall be processed in accordance with Seller’s Privacy Policy available at [insert URL], which is incorporated herein by reference.

    The Site may be hosted, operated, or supported through third-party e-commerce service providers, including Shopify Inc. and its affiliates (“Platform Provider”). Buyer acknowledges that certain functionalities of the Site, including checkout, payment processing, order management, hosting, data storage, security infrastructure, and related services, may be provided by such Platform  Provider. Seller does not control and is not responsible for (i) the availability, performance, uptime, or security of the Platform Provider’s systems, (ii) errors, interruptions, outages, cyber incidents, or data breaches attributable to the Platform Provider, or (iii) changes to platform functionality, policies, or technical requirements.

    Buyer agrees that Seller shall not be liable for any loss, delay, or damage arising from acts, omissions, service interruptions, or system failures of the Platform Provider or other third-party service providers integrated into the Site. Transactions processed through the Site may be subject to the terms, conditions, and policies of the Platform Provider and its payment processors, as applicable. Buyer agrees to comply with such terms to the extent required for processing transactions. Seller reserves the right to modify, replace, or discontinue use of any third-party platform at any time without liability.

    • Electronic Communications; Notices

    Buyer consents to electronic communications related to orders (email, portal notices). Legal notices must be sent to: [legal@domain.com] and by certified mail to [address] (optional).

    • Miscellaneous

    1. Severability. If a provision is unenforceable, the rest remains effective to the fullest extent of law..

    2. Assignment. Buyer may not assign without Seller’s prior written consent.; Seller may assign in connection with a merger/sale.

    3. No waiver. A waiver must be in writing and is limited to the specific instance.

    4. Headings. Headings are for convenience only.

    5. Survival. Payment, warranty disclaimers, liability limits, indemnities, and dispute provisions survive termination.

    • Contact

    Suex Sport USA, Inc.

    Address: 27436 Dagsboro Rd, Dagsboro, DE 19939

    Email: contact@suexsportusa.com