1.1 Air Research Sàrl (hereinafter: “Air Research”) is a limited liability company under Swiss law, with its registered office in Geneva, which develops, produces and markets underwater diving equipment and gear, in particular rebreathers and rebreather components.
1.2 Air Research has developed and produced the Salamander mCCR rebreather (hereinafter: the “Salamander Rebreather”), a closed-circuit rebreather powered by pure oxygen.
1.3 The Salamander Rebreather, as well as the equipment and gear marketed by Air Research (hereinafter jointly: the “Products”), are offered by Air Research, in particular on its website (hereinafter: the “Site”) and/or through authorised distributors.
1.4 These general terms and conditions (hereinafter: the “General Terms and Conditions”) apply to any purchase or use of Products, whether made from Air Research or from an authorised distributor, as well as to any service, advice or information provided by Air Research or by its employees, representatives or agents.
1.5 The Privacy Policy (hereinafter: the “Privacy Policy”) indicates how and for what purpose Air Research processes the data collected. It is freely accessible on the Site.
1.6 The General Terms and Conditions and the Privacy Policy govern the contractual relationship and form an integral part of the contract between Air Research, on the one hand, and the user or purchaser of a Product (hereinafter: the “User”), on the other hand.
1.7 Where the relationship between the User and Air Research is governed by separate rules, the General Terms and Conditions remain applicable, subject to any conflicting provisions prevailing over them.
1.8 By placing an order via the Site, from Air Research, or from an authorised distributor, the User acknowledges having read, understood and accepted, without reservation, the General Terms and Conditions and the Privacy Policy, and undertakes to comply with their content. In the event of disagreement with the General Terms and Conditions or the Privacy Policy, the User shall refrain from placing an order via the Site, from Air Research, or from an authorised distributor.
1.9 Air Research reserves the right to amend the General Terms and Conditions or the Privacy Policy at any time and without notice, by publishing a new version on the Site, which cancels and replaces the existing version. Any order placed after Air Research publishes a new version of the General Terms and Conditions or the Privacy Policy constitutes acceptance of that new version.
2.1 The User is aware and accepts that certain Products may involve risks of bodily harm, which may be serious, in particular in the event of non-compliant use, inadequate training, a lack of the skills required for their use, or insufficient or impaired physical capabilities. These risks exist in particular for the Salamander Rebreather which, if not used correctly, may cause serious bodily injury or even the death of its user.
2.2 The User is fully aware of the risks described in art. 2.1 above, as well as the risks associated with diving in general, and accepts them. The User is aware that certain Products may require special precautions or even specific training before use, in particular the Salamander Rebreather, which requires each user to meet certain prerequisites and to complete a specific training course for its use (hereinafter: the “Training Course”) provided by a qualified instructor recognised by Air Research (hereinafter: a “Qualified Instructor”), in accordance with the requirements described in art. 3 below, or to hold equivalent training.
2.3 The User certifies that they have all the skills and training necessary to use the Products or, where applicable, undertakes to acquire such skills and to complete such training prior to any use of the Products. The User undertakes, under all circumstances, to take all necessary precautions when using the Products, to use them in accordance with the applicable requirements, in particular to rigorously follow all instructions and recommendations for the use of the Products, whether contained in the General Terms and Conditions or in any other document, and to comply with the applicable precautions for use. In particular, the User undertakes to comply with and apply the requirements concerning the Salamander Rebreather described in art. 3 below.
2.4 The User is made aware of, and accepts, that Air Research shall bear no liability in the event of the use or sale of the Products to persons who do not have the skills and training necessary for their use.
3.1 The User undertakes to complete the Training Course before using the Salamander Rebreather, unless the User has already completed such a course or holds equivalent training recognised by Air Research. The User also undertakes to complete and sign a declaration of risk awareness and waiver of liability (hereinafter: the “Declaration”) and to provide it to Air Research before the delivery of any Salamander Rebreather.
3.2 The prerequisites, detailed content and duration of the Training Course are defined by the certification organisations recognised by Air Research and are set out in training material (hereinafter: the “Training Material”). This may vary from one certification organisation to another. The use and maintenance of the Salamander Rebreather are detailed in instructions for use drawn up by Air Research (hereinafter: the “Instructions for Use”).
3.3 The User must have received copies of the Training Material and the Instructions for Use, provided by a Qualified Instructor or by Air Research, before using the Salamander Rebreather or taking part in the Training Course. The User undertakes to request these documents from a Qualified Instructor or from Air Research if they are missing.
3.4 The User undertakes to follow at all times the content of the Training Material and the Instructions for Use, and to take all customary precautions when taking part in the Training Course or using the Salamander Rebreather.
4.1 The User is aware that certain Products, including the Salamander Rebreather, are dual-use goods within the meaning of the Federal Act on the Control of Dual-Use Goods, Specific Military Goods and Strategic Goods (Goods Control Act – SR 946.202, hereinafter: the “GCA”).
4.2 The User declares that they are fully aware that such Products are subject to restrictions, or even export prohibitions, in certain countries, given their classification under the GCA, and that they must be the subject of authorisations issued by the competent federal authorities prior to any export outside Switzerland.
4.3 Where required by the GCA or any other applicable legislation, the User undertakes to complete and sign the end-user certificate for dual-use goods entitled “End-user certificate for dual use goods” and submitted by Air Research (hereinafter: the “Dual-Use Goods Form”), for any purchase of a Product considered to be a dual-use good under the GCA, including the Salamander Rebreather, or any other form required, where applicable, and undertakes to comply with the applicable export provisions.
4.4 The Salamander Rebreather or any other Products considered to be dual-use goods under the GCA may not be delivered to the User, and Air Research shall under no circumstances be obliged to make such delivery, until the Dual-Use Goods Form has been duly completed, signed and returned to Air Research and all the formalities required for export have been completed.
4.5 Furthermore, the Salamander Rebreather or any other Products considered to be dual-use goods under the GCA may not be delivered to the User, and Air Research shall under no circumstances be obliged to make such delivery, until the competent authorities have issued an export authorisation permitting each delivery.
5.1 Only a User who is of legal age, capable of judgement and not under guardianship may place an order via the Site or directly with Air Research.
5.2 By placing an order, the User is bound and declares that they are making Air Research a firm and definitive offer to purchase the selected Products, on the terms set out in these General Terms and Conditions. Formally, the User submits their offer at the moment their order is sent. The sale is accepted, and the contract is thereby concluded, from the moment Air Research sends an order confirmation to the User. Air Research reserves the right to refuse an offer at its sole and entire discretion, without being required to state its reasons. After the contract has been concluded, Air Research is entitled to cancel an order that has not yet been delivered, at any time and without having to state its reasons to the User.
5.3 The prices of the Products in general (hereinafter: the “Product Prices”), as well as the price of the Salamander Rebreather in particular (hereinafter: the “Rebreather Price”), are, in principle, in Swiss francs (CHF), unless otherwise stated. They are set by Air Research at its own discretion and may be amended at any time without any justification being required.
5.4 The Product Prices and the Rebreather Price, whether shown on the Site or communicated by Air Research, are, in principle, exclusive of tax. Unless expressly stated otherwise, they do not include value added tax (VAT), any export duties, customs duties or any other applicable tax, nor the costs of delivering the Products or any other potential costs.
5.5 Amounts owed by the User must be paid within a maximum period of 30 days from the order of each Product. Payments made by the User must be free of any deductions, withholdings, set-offs or other potential charges.
6.1 Deliveries of the Products are carried out by Air Research, according to its own procedures, to the address provided by the User. The costs associated with such deliveries are borne by the User, and the procedures for such deliveries are set by Air Research. Any delivery is subject to prior payment by the User of any amount due under these General Terms and Conditions or any other applicable element.
6.2 The Products are delivered subject to their availability and the availability of their components. In all cases, Air Research shall not deliver any Products until the full amount due for each order has been received. Furthermore, Air Research shall not deliver any Products until the competent authorities have issued an export authorisation permitting delivery, where this is required.
6.3 The User is solely responsible for the accuracy of the delivery address provided to Air Research. Air Research may not be held liable for the non-delivery of a Product in the event an incorrect or outdated address is provided.
6.4 Air Research bears the risks arising from accidental damage to, or loss of, the Products until they are handed over to the carrier. If a Product is returned to Air Research by the carrier following an unsuccessful delivery (postal deadlines exceeded, incorrect recipient address, etc.), the User is notified by e-mail sent to the address provided when placing the order. If no response is received from the User within 3 months of sending that e-mail, the order is cancelled. Air Research is then released from its obligation to deliver the Product, and the amount paid by the User is retained by Air Research to cover the costs incurred. At Air Research’s discretion, any remaining balance may be returned to the User, upon request, after deduction of all additional costs borne by Air Research.
6.5 The transport costs and risks inherent in the return of an unclaimed Product (including in the event the carrier fails to leave a delivery notice) and/or any re-shipment are borne solely by the User, as are the risks inherent in the storage of the returned goods. Before any re-shipment, Air Research may require the User to pay the related costs.
6.6 Actual receipt of the Products may be subject to waiting periods over which Air Research has no control. The User releases Air Research from any liability for damages arising from such delays. In general, any delivery time communicated to the User is purely indicative and not contractually binding.
7.1 Air Research shall bear no liability in the event of non-compliant use of the Products, in particular (i) in the event of use by persons who do not have the appropriate training or the necessary skills, or who have insufficient or impaired physical capabilities, (ii) in the event of use of the Salamander Rebreather by a person who has not completed the Training Course or who does not hold equivalent training recognised by Air Research, or (iii) in the event of non-compliance with the content of the Training Material, the Instructions for Use, or any other precaution for use.
7.2 The User releases Air Research and all its representatives, employees, owners, managers, members, trainers or instructors from all liability and waives all claims in the event of use of the Products that is not strictly compliant, both for the cases mentioned in art. 7.1 above and for any other case of non-compliant use or non-compliance with the precautions for use. In such cases, Air Research shall not be held liable for any claims, damages, losses or bodily injury.
7.3 Without prejudice to any other provision of these General Terms and Conditions or of any other document excluding or limiting Air Research’s liability, Air Research may not be held liable for any direct, indirect or consequential damage exceeding 100% of the Product Prices, to the extent permitted by the applicable provisions.
7.4 Air Research disclaims all liability for any errors or omissions that may appear on the Site and is in no way responsible for the content of other sites to which the Site refers. Any reference to such sites is provided for information purposes only.
7.5 Air Research is free to engage the services of any employees, representatives, agents or external service providers deemed useful or necessary. Air Research is in no way liable for the acts of its agents or of the external service providers it engages.
7.6 The Site and the information it contains are provided at Air Research’s discretion, and no access to it is guaranteed. Accordingly, Air Research disclaims all liability for any damage resulting from an inability to access the Site.
7.7 Air Research disclaims all liability for the protection of data during its transfer over the Internet, whether during an exchange of e-mails or when accessing the Site.
8.1 A Product is deemed to be compliant under these General Terms and Conditions: (i) when it is fit for the purposes for which goods of the same type would ordinarily be used; (ii) when it is fit for any special purpose expressly brought to Air Research’s attention at the time the Product was ordered, provided that Air Research expressly accepted such special purpose; (iii) when it possesses the qualities of goods that Air Research presented to the User as a sample or model; (iv) when it is packaged or presented in the manner customary for goods of the same type or, in the absence of a customary manner, in a way suitable to preserve and protect it.
8.2 Upon receipt of their order, the User must immediately inspect the delivered Product and check for any apparent defects at the time of delivery. If a delivered Product is not compliant within the meaning of art. 8.1 above, the User may only require Air Research, at Air Research’s discretion, to: (i) remedy the non-conformity of the Product by carrying out repairs at its own expense and without causing the User unreasonable inconvenience; or (ii) deliver a replacement Product.
8.3 Air Research shall determine, at its own discretion, under what conditions and within what timeframe a Product must be repaired or replaced within the meaning of art. 8.2 above. If Air Research fails to remedy the non-conformity of the Product, the User shall only be entitled to request a refund of the Product.
8.4 In all cases, any damages owed by Air Research for the loss incurred as a result of the non-conformity of the Product may not exceed 100% of the price of the Product concerned.
8.5 The User shall forfeit the right to invoke a lack of conformity if they fail to notify Air Research of the defect, specifying its nature, within 5 days from the moment they discovered the defect or should have discovered it.
8.6 In all cases, the User shall forfeit the right to invoke a lack of conformity of a Product if they fail to notify such lack of conformity at the latest within 30 days from the date on which the Product was actually delivered to them.
8.7 If Air Research considers that the User’s notification of the lack of conformity is not sufficiently detailed to enable it to decide on the appropriate measure (e.g.: inspection, repair or replacement of the Product), it must inform the User within 30 days of receiving the User’s notification of the lack of conformity.
9.1 The User is solely responsible for the accuracy and completeness of the data they provide when ordering Products. In particular, the User must provide a valid delivery address when placing an order, as well as a valid e-mail address to which all communications relating to the order will be sent. Where applicable, the User must notify Air Research of any change to the data they have provided. The User shall also ensure that their “junk mail” folder is configured and checked regularly to make sure that no e-mail from Air Research appears there. Any communication sent to the User by e-mail shall be deemed received by the User on the actual date and time of receipt, but at the latest 24 hours after it was sent by Air Research.
9.2 The User agrees that Air Research, its employees, representatives, agents or, where applicable, external service providers, may use unencrypted electronic means in their communications. In particular, the User accepts the use of e-mails, applications, including video communication applications, or faxes, and acknowledges that these means may involve risks, in particular that communications may be intercepted or received by third parties, altered or tampered with, not received by their intended recipient or received late, infected by a computer virus, or otherwise corrupted.
9.3 Air Research disclaims all liability in the event of non-compliance with the requirements of art. 9.1 above, as well as for the risks mentioned in art. 9.2 above.
9.4 The User expressly acknowledges that information communicated to Air Research in connection with the services provided may be recorded and retained in one or more forms determined by Air Research, at its own discretion, or destroyed after a certain period of time.
10.1 The data collected is, in principle, confidential. However, Air Research is authorised to disclose the information provided by the User or acquired in connection with the services provided when necessary, at its own discretion, in particular when: a) the disclosure of the information is necessary for the exercise of a right or obligation in connection with the services provided to the User; b) the disclosure of the information is required by law or by a decision of a competent judicial or administrative authority.
10.2 The manner in which the data collected by Air Research is processed is described in the Privacy Policy (see art. 1.5 above).
11.1 Unless otherwise stated, all content on the Site, in the Instructions for Use, in the Training Material or in any other document provided by Air Research belongs to Air Research and is protected by copyright as well as by other applicable intellectual property rules.
11.2 Any commercialisation, reproduction, transmission, printing or recording of any content (image, graphic, information, document, text, etc.) present on the Site, in the Instructions for Use, in the Training Material or in any other document provided by Air Research or obtained in connection with the services provided to the User, is prohibited, unless expressly authorised in writing by Air Research.
12.1 If any provision of the General Terms and Conditions is void, the other provisions shall remain valid.
12.2 The dimensions and technical specifications of the Products, the information, and the stock levels shown on the Site are non-contractual and are provided for indicative purposes only. They do not in any way constitute an offer on the part of Air Research, which does not guarantee their accuracy, and may under no circumstances be regarded as warranties or promised qualities.
13.1 The relationship between the User and Air Research shall be governed exclusively by Swiss law.
13.2 Any dispute relating to the General Terms and Conditions, the Privacy Policy, or the relationship between the User and Air Research shall be subject to the exclusive jurisdiction of the courts of the Canton of Geneva, Switzerland, subject to appeal to the Federal Supreme Court.
