Overview

General Terms
and Con­di­ti­ons.

1. Validity

The following general terms and con­di­ti­ons apply to the entire, and in par­ti­cu­lar future, business rela­ti­ons­hip. In any case, changes and ancillary agree­ments require our express written con­fir­ma­ti­on signed in a legally binding manner. General terms and con­di­ti­ons of the buyer are not valid, even if we do not expressly con­tra­dict them again.

2. Contract

Our offers are always subject to change and non-binding. Con­clu­si­on of contracts and other agree­ments only become binding after our written con­fir­ma­ti­on. Verbal agree­ments and assuran­ces, including those of our repre­sen­ta­ti­ves, require our written con­fir­ma­ti­on to be legally effective. Unless otherwise agreed, the documents belonging to the offer, such as illus­tra­ti­ons, drawings, weight and mea­su­re­ment spe­ci­fi­ca­ti­ons, are only appro­xi­mate­ly aut­ho­ri­ta­ti­ve. We reserve the right to make con­struc­tion and design changes.

3. Prices

Our list prices at the time of the order apply to the delivery. Our prices are subject to change and, unless otherwise stated, include the app­li­ca­ble VAT ex works Voitsberg. Special shipping requests will be charged accord­in­gly. The minimum order value is € 50.00 including VAT.

4. Payment Conditions

Unless otherwise agreed, our invoices are to be paid net without discount. Unless otherwise agreed, all invoices will only be issued against pre­pay­ment or cash payment. All bank inst­ruc­tions are to be carried out free of charge for the recipient. Open expenses will be requested with a sub­se­quent invoice. Payments are first cal­cu­la­ted against any costs and interest, then against the oldest claim. All open invoice items become due upon the occur­rence of default or refusal to accept ordered goods. A set-off by the buyer only takes place with undis­pu­ted or legally estab­lis­hed claims. The same applies to the assertion of rights of retention.

5. With­dra­wal

In the event of default of accep­t­ance or other important reasons, such as in par­ti­cu­lar bankrupt­cy of the buyer or bankrupt­cy rejection for lack of assets, as well as default in payment by the buyer, we are entitled to withdraw from the contract if it has not yet been com­ple­te­ly fulfilled by both parties. In the event of with­dra­wal, if the buyer is at fault, we have the choice of reques­ting a flat-rate com­pen­sa­ti­on of 25% of the gross invoice amount or com­pen­sa­ti­on for the damage actually incurred. If the buyer withdraws from the order without being entitled to do so, we have the choice of insisting on the ful­fill­ment of the contract or agreeing to its can­cel­la­ti­on. In the latter case, the buyer is obliged to pay damages in the amount of 25% of the gross invoice amount or the damage actually incurred.
In the case of distance selling contracts, §5a Consumer Pro­tec­tion Act, the seller can withdraw from the contract within 14 working days, with Saturday does not count as a working day. The period begins on the day the goods are received by the consumer or on the day the contract is concluded. It is suf­fi­ci­ent to send the decla­ra­ti­on of with­dra­wal within this period. If the buyer withdraws from the contract in accordance with this provision, he must bear the cost of returning the goods. Please note the infor­ma­ti­on on the right of with­dra­wal below.

6. Delivery times

The lapse of certain delivery periods and dates does not release the buyer from setting a rea­son­ab­le grace period for the provision of the service and from declaring that he will refuse the service after the period has expired. Partial deli­ve­ries are permitted to a rea­son­ab­le extent.
The delivery period is extended — even within a delay — appro­pria­te­ly in the event of force majeure and all unfo­re­se­en obstacles that have arisen after the con­clu­si­on of the contract for which we are not respon­si­ble, insofar as such obstacles are demons­tra­b­ly of con­si­derable influence on the delivery of the item sold. This also applies if these cir­cum­s­tan­ces occur at our suppliers and their sub-suppliers. We will inform the buyer of the beginning and end of such hin­dran­ces as soon as possible. We are not respon­si­ble for delays and non-delivery as long as we and our vicarious agents are not at fault.

7. Passing of Risk and Insurance

If dispatch is delayed at the request of or through the fault of the buyer, the goods will be stored at the buyer’s expense and risk. In this case, noti­fi­ca­ti­on of readiness for dispatch is equi­va­lent to dispatch. Otherwise, the risk passes to the buyer when the goods are handed over to a for­war­ding agent or carrier, at the latest when they leave the warehouse. We cover insurance against general transport risks to the usual extent for all shipments, it is mandatory and will be charged sepa­r­ate­ly. In the event of damage, the official damage cer­ti­fi­ca­te must be sent to us immedia­te­ly if the goods are sent by post or the original bill of lading in the case of parcel services, as well as the cor­re­spon­ding damage cer­ti­fi­ca­te. The extent and amount of damage must be deter­mi­ned immedia­te­ly by the recipient through offi­cial­ly certified experts or in some other way. Received shipments must therefore be checked immedia­te­ly with regard to packaging and content. Com­pen­sa­ti­on claims against transport companies are to be ensured by refusing to accept the goods and with­hol­ding the freight until the case of damage has been clarified.

8. Reser­va­ti­on of ownership

Ownership of the delivered goods is reserved until the purchase price has been paid in full. This retention of title also applies to claims that are not directly related to the goods subject to retention of title, but result from the entire business relationship.

9. Com­p­laints

The buyer must inspect the received goods immedia­te­ly upon arrival for quantity, condition and gua­ran­te­ed pro­per­ties. Obvious defects must be reported to us in writing within one week. In the case of justified com­p­laints, we can choose to either repair the defective goods or deliver a repla­ce­ment. The buyer must grant us the time and oppor­tu­ni­ty required at rea­son­ab­le dis­cre­ti­on to remedy the defect, in par­ti­cu­lar to make the object or sample of which is the subject of the complaint available. If we allow a rea­son­ab­le grace period set for us to elapse without remedying the defect or deli­vering a repla­ce­ment, or if the repair or repla­ce­ment delivery is impos­si­ble, is refused by us or fails, the buyer has the right, at his option, to cancel the contract or to to reduce the purchase price.

10. Warranty and Guarantee

For a period of 24 months from the date of delivery, we guarantee that our products are free of defects according to the current state of the art. We assume no liability for acci­den­tal damage, defects and damage resulting from unsui­ta­ble or improper use, negligent treatment or non-obser­van­ce of our operating instructions.
Shipping costs are not part of the warranty and are always invoiced separately.
The Warranty applies in the EU area — in third countries the warranty of the respec­ti­ve country applies.
Our manufacturer’s warranty is 24 months from the date of delivery. This expires if you tamper with or repair devices or have them carried out by persons who have not been aut­ho­ri­zed by us. The normal wear and tear of cables, batteries, flash tubes and other wearing parts is excluded. If the guarantee seal is damaged, our guarantee expires. Guarantee services rendered do not extend the guarantee granted. We grant the manufacturer’s guarantee to our customers worldwide.

11. Return of goods

Goods will only be taken back by the buyer after special con­sul­ta­ti­on within 14 days. Goods returned without agreement will not be credited to the sender. Goods that were made to customer spe­ci­fi­ca­ti­ons or tailored to the personal needs of the customer are generally excluded from return. The return takes place exclu­si­ve­ly against a credit note — a return of money is excluded. For approved returns, we charge a pro­ces­sing fee of €50.00. If the goods show signs of use, this will be deducted from the list price charged accord­in­gly. In the case of defective devices, the repair price and the resulting reduction in value as new will be deducted from the list price after a cor­re­spon­ding check.

12. Repairs

When sending in devices for repair purposes outside of the warranty and guarantee, a detailed decla­ra­ti­on must be enclosed, which explains the request for repair and enables the repair. A cost estimate will only be prepared at the express request of the buyer. Unless otherwise agreed, the goods returned for repair are only returned against pre­pay­ment. Please note the infor­ma­ti­on under special con­di­ti­ons, the addi­tio­nal repair and service conditions.

13. General Limi­ta­ti­on of Liability

Our liability is based exclu­si­ve­ly on the above regu­la­ti­ons. Claims for damages by the buyer from culpa in con­tra­hen­do, breach of secondary con­trac­tu­al obli­ga­ti­ons and tort are excluded, unless they are based on intent or gross negli­gence on our part or one of our vicarious agents. SEACAM is not liable for direct or indirect damage to people and equipment or damage to built-in equipment. We reserve the right to make technical changes or exchanges. The limi­ta­ti­on of liability applies accord­in­gly to the buyer. Claims for recourse within the meaning of Section 12 of the Product Liability Act are excluded unless the person entitled to recourse proves that the error was caused by us and was at least the result of gross negligence.

14. Place of per­for­mance, place of juris­dic­tion and app­li­ca­ble law

The place of per­for­mance and exclusive place of juris­dic­tion for deli­ve­ries and payments for all disputes arising between the parties is Voitsberg, insofar as the buyer is a merchant, a legal entity under public law or a special fund under public law.
In business tran­sac­tions with consumers within the European Union the law at the place of residence of the consumer may also be app­li­ca­ble, provided that consumer law pro­vi­si­ons are mandatory. We are also entitled to sue at the buyer’s place of business. The rela­ti­ons­hips between the con­trac­ting parties are governed exclu­si­ve­ly by the law app­li­ca­ble in Austria, excluding the UN Sales Convention.

Special Con­di­ti­ons of SEACAM / Service and Repairs

The following special con­di­ti­ons apply to services and repairs, unless otherwise agreed in writing. Fur­ther­mo­re, our terms and con­di­ti­ons apply.

1. Order
When a device is sent to us, the order to carry out the repairs we deem necessary is given, unless otherwise stated in a decla­ra­ti­on by the sender. Repair orders for older models that are no longer in pro­duc­tion will only be accepted subject to the avai­la­bi­li­ty of spare parts.

2. Cost estimate
We will only prepare a cost estimate if expressly requested and if the repair costs are expected to exceed €350.00 including VAT. If the repair is not carried out or if the cost estimate was prepared at the customer’s request, we will charge a fee of €50.00 including VAT. If further defects or addi­tio­nal expenses become apparent when the repair is carried out, we will inform the customer and only carry out the repair after a new written order has been issued if the addi­tio­nal expense exceeds 15% of the ori­gi­nal­ly estimated repair amount. The cost estimate expires if a repair order is not placed within 1 month after the cost estimate was sent. In principle, a cost estimate is only confirmed in writing or by email. Telephone con­fir­ma­ti­ons only become legally binding for us after a written order confirmation.

3. Storage
Defective parts that are replaced during repairs become the property of Seacam. If the customer wishes the exchanged parts to be handed over for the purpose of pre­ser­ving evidence for an insurance report, he must inform Seacam of this in writing at the latest when the defective device is sent in. If devices sent in for repairs are repaired or not repaired at the customer’s request, or if repairs are not possible, we will immedia­te­ly send them back to the customer for a fee. If the return shipment is not possible or not desired by the customer, these devices are available for collec­tion within our business hours for 3 months. After that, they will either be disposed of at the customer’s expense or used to cover our costs.

4. Delivery costs
In the case of repairs under a warranty or guarantee, the shipping costs are cal­cu­la­ted sepa­r­ate­ly. For devices that we send back not repaired because a repair order was not issued or a guarantee service is not justified, we calculate the shipping costs and a pro­ces­sing fee of € 50.00 including VAT.

Right of withdrawal

Consumer pro­tec­tion laws for distance selling §5a dictate that the customer has the right to withdraw from the contract within 14 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.

Date of Issue: March 2022

If you have any further questions about our terms and con­di­ti­ons, please contact our Hea­d­of­fice.

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