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.
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.
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.
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.
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.
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.
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.
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.