Conditions of use

1. Scope of application
The following general terms and conditions retain validity for the entire current and future business relationship. Changes and side agreements in any case need our explicit written, legally binding consent. The reference to customer's terms on its forms is hereby contradicted.

2. Conclusion of contract
Our quotes are subject to change and non-binding. Conclusion of contracts and other agreements only become valid with our written consent. Verbal agreements and confirmations including of those representing us, require written confirmation in order to become legally binding. Documents which are part of the contract such as images, drawings, weights and dimensions are, unless otherwise agreed, only indications. We reserve the right to make design changes.

3. Prices
For delivery the prices at time of ordering are valid. Our prices are subject to change and contain, unless otherwise specified, the applicable value added tax (MwSt.) ex works Voitsberg. Special delivery requests will be charged at cost price. The minimum order value is EUR 25,00 incl. tax (MwSt.)
 
4. Terms of payment
If not otherwise specified our invoices are payable net without discount. All invoices are, unless otherwise agreed, to be paid on prepayment or cash payment only. All bank transfers are to be made so that the recipient is exempt from charges. All open charges will be invoiced in a following invoice. Payments are billed first against potential costs and interest payments, then against the oldest receivable respectively. With the start of the delay or the refusal to accept the delivered goods all open accounts are payable immediately. A set-off on the customer´s side can only happen in case of an undisputed and legally binding claim. The same is valid for the assertion of the right of retention.

5. Cancellation of contract
In case of default of acceptance or other important reasons such as the customer´s bankruptcy or deflected bankruptcy due to lack of funds, as well as delay of payment we retain the right to cancel the contract if it has not been fulfilled completely by both sides. In the case of contract cancellation we have the right to choose whether we prefer a compensation flat rate of 25% of the gross invoice amount or the replacement for the actual damage. If a customer cancels the contract without having the right to do so, we retain the right to choose whether we persist on the fulfillment of the contract or agree with the annihilation. In the latter case the customer is obliged to pay a compensation of 25 % of the gross invoice amount or the actual damage.

Consumer protection laws for distance selling §5a dictate that the customer has the right to withdraw from the contract within 7 working days whereas Saturday does not count as working day. The deadline starts with the day the goods are received by the customer or with the day of the contract conclusion. It suffices to send off the contract cancellation within this deadline. In case the customer withdraws from the contract according to this regulation, it is the customer´s responsibility to cover the cost for the return consignment of the goods.

6. Delivery period
The elapse of specific delivery deadlines or dates does not unbind the customer from setting an adequate respite for the service delivery and the declaration that the customer will decline acceptance of the goods after the deadline expiry. Partial delivery is permissible to a reasonable extent. The delivery period may be extended – also within a delay – in case of force majeure and all unforeseeable circumstances that came into being after contract conclusion which we are not responsible for, in as much as these hindering circumstances have a verifiable and substantial effect on the delivery of the sold goods. This is also valid if these circumstances come into effect with our suppliers and sub-suppliers. Begin and end of these circumstances are communicated to the customer as soon as possible. We cannot be held liable for the delay and absence of delivery as long as we or one of our auxiliary suppliers are not to be held responsible.

7. Transfer of perils and insurance
In case of delivery delay due the wish or the fault of the customer the goods are stored at the customer´s own risk and cost. In this case the delivery announcement has equal validity to the actual delivery. Incidentally the risk is transferred to the customer when the goods are handed to a forwarder or delivery company and at the latest when the goods leave the warehouse. The insurance for common transport risks is covered to the usual extent by us for all shipments. In case of damage we immediately require the postal statement of damage if sent by post and the original letter of consignment as well as the respective statement of damage if shipped by a parcel service. Information on the extent and amount of damage is to be supplied by the recipient immediately via officially approved authorities or in another way. Received parcels are therefore to be checked immediately regarding packaging and content. Claims for compensation against delivery companies are to be secured by refusing acceptance of the goods and retainment of the goods until the liability case has been resolved.

8. Reservation of proprietary rights
We retain ownership of the goods until the purchase price has been paid in its completeness. This reservation of proprietary rights is also valid in terms of the claims which do not stand in direct relationship with the proprietary rights of the particular goods but also in terms of the complete business relationship.

9. Notice of defects
The customer is to check the received goods immediately upon receipt regarding quantity, appearance and warranted characteristics. We need to be notified of obvious defects in written form within one week of receiving the goods. In case of legitimate complaint it lies in our discretion to either rectify and repair faulty goods or replace these. For the rectification of a defect the customer is to grant us appropriate time and chance and provide us with the faulty item or a sample thereof. If we miss an adequate deadline without having repaired the faulty item or provided a replacement or if the repair or replacement respectively is impossible, fails or we refuse to do so, the customer can then make use of his right of contract cancellation or reduction of the purchase price.

10. Warranty
For the duration of 24 months from delivery we warrant that the delivered goods are faultless according to the current state of technology. We do not accept liability for damage and defects due to accidents or due to inappropriate handling or use, lack of attention or nonobservance of user guidelines. Shipment costs are not part of the warranty and are invoiced separately. The warranty expires if you or a person not authorized by us performs repairs on the devices. The warranty does not include the normal wear of cables, battery packs, flash tubes and other parts subjected to normal wear and tear. Damaging the warranty seal results in the expiration of the warranty. Warranty repairs do not extend the total warranty time. This warranty claim is only valid within the EU – in non-EU countries the warranty that applied in that country is valid.

11. Return of goods
Goods purchased by the customer can be returned only after special consultation with us. Returned goods without consultation with us will not be reimbursed. Authorized return of goods are subject to a handling charge of EUR 50,-. Should the goods show signs of use this is then deducted from the catalogue price. For damaged devices the price for repairs and the resulting reduction of the replacement value are deducted from the catalogue price after suitable examination.

12. Repairs
For the return of goods for maintenance outside the warranty a detailed description needs to be included regarding the required maintenance which enables us to repair the device properly. A quote will only be issued on explicit demand of the customer. The return of the goods sent in for repairs is done – unless otherwise specified – exclusively against prepayment. Please note the additional conditions for repairs and service under special conditions.

13. General limitation of liability
Our liability conforms exclusively according to the above mentioned rules. The customer´s claim for damages from fault during contract conclusion, breach of contractual secondary obligations and unlawful acts are excluded, unless they result from a deliberate act or gross negligence on our behalf or that of one of our auxiliary persons. Seacam cannot be held liable for direct or indirect damage to persons or devices or inbuilt cameras. We retain the right for technical changes or replacement. The limitation of liability applies to the customer as well. Claim to damages according to §12 of the product liability law are excluded unless the regress beneficiary can prove that the mistake was made by us and in a case of gross negligence.

14. Place of fulfillment, court of jurisdiction, applicable law
Place of fulfillment and sole place of jurisdiction for deliveries and payment of all disputes between the parties is Voitsberg inasmuch as the customer is general merchant, judicial person subject to public law or special property subject to public law. In business relationships with consumers within the European Union it can also be the law of the consumer´s place of residence that is applicable in the case that it applies to consumer´s rights. We are also entitled to take legal action at the consumer´s place of residence. The relationship between the two contract parties are regulated exclusively through the law applicable in Austria excluding the UN convention on contracts for the international sale of goods.

 

Please refer to below - Special conditions - the additional repair and service conditions.