Cameracal Limited – Terms & Conditions
Please read these terms and conditions of use carefully. By using or accessing our website, and/or entering into any form of business agreement, transaction or contract with Cameracal Limited you agree to be bound by these terms and conditions and all terms incorporated by reference. Please do not use our website or enter into any form of business agreement with the company if you do not agree to all of these terms and conditions.
These conditions apply to any agreement between Cameracal Limited, a company registered in England and Wales under company number 10469599, whose registered office is at, Unit 2, The Studio, Southlands Lane, West Chiltington RH20 2JU and any organisation or individual that asks the company to provide and perform any calibration, service, additional service, training, or any other form of business agreement.
You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
All questions or comments in relation to the Cameracal website or their contents may be directed to the company at firstname.lastname@example.org
All products and goods are accepted subject only to our standard Terms and Conditions. Your equipment will be inspected upon arrival. On occasions we may be unable to undertake calibration, service or repair due to spare parts shortages or other factors outside our control. In such circumstances we reserve the right to return your equipment in its original state.
“The company” refers to Cameracal Limited.
A “business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales.
“Service” means and specifically covers; Camera and Lens Calibration, Camera Sensor Cleaning Service, Camera configuration, Firmware upgrade, Lens Optimisation test and Aperture Optimisation
The headings in these Terms and Conditions are for convenience only and do not affect their interpretation. Words imparting the singular number shall include the plural and vice-versa.
We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
Standard of Service
Unless agreed differently, we will calibrate, and or service the goods to the manufacturer’s specification.
- We will decide at our discretion:
- Decide upon the nature and method of calibration, service or repair
- Select the type of replacement parts to be used; and
- whether the goods should be totally or partially repaired or replaced. We will decide on suitable replacements
and these do not have to be identical to the original goods.
Delay or Cancellation of Calibration or Replacement
Any dates quoted by Cameracal Limited for completion of repair work or delivery of replacement goods are approximate. If we do not meet these dates we will not be liable for any resulting loss. We may postpone or cancel repair or replacement work at any time.
Collection/Delivery of the Goods
Unless agreed differently, the serviced goods will be collected and returned via courier. We will decide the method of packing and delivery. The goods will be delivered at your risk and, unless they were repaired under warranty, and at our discretion at your expense.
The goods are fully insured providing they are securely locked in the Peli transit case. Full details and full instructions of how this system operates can be viewed on our website at http://www.cameracal.co.uk/fedex- pick-up-delivery/
If the goods are damaged or incomplete when they are returned to you, you must write to let us and the carrier know within 3 business days of delivery.
You must write to let us and the carrier know if the goods have not been delivered within 7 days of the date of the despatch note or invoice.
Cameracal is not responsible in the event of failure to deliver or collect goods at the agreed time, this is solely the responsibility of the courier.
The courier is bound by contract to deliver at the time specificied (normal service is before 12-00 unless otherwise agreed). This is ONLY applicable to delivery.
For collection purposes the client can contact the courier using the info provided by Cameracal to determine approximate timings.
- Client not being present to accept delivery / hand over item (s) for collection.
- Problems with courier locating / being able to access the property i.e. a block of flats or similar buildingwith a remote entry system.
Whenever possible Cameracal will attempt to intruct the courier to re-attempt delivery same / next day.
(In the case of the client not being present the courier will leave a card requesting the client call to rearrange collection or delivery).
In the event of the courier not being able to deliver at the agreed time a credit will be supplied if the fault lies solely with the courier and or Cameracal, this is entirely at the discretion of the courier company / Cameracal.
Upon notification of the goods not having been delivered / received Cameracal will then start the claims process with our insurers (Avia PLC) accordingly. Cameracal will not be liable to replace the equipment until monies are received from the insurers. It is the clients responsibility to insure they have access to other photographic equipment for the purpose of leisure / work purposes.
Any claims submitted are normally paid with 14 -21 days but can be deemed null or void for the following reasons:
- Client does not / refuses to list model / serial numbers of all equipment supplied (as pre instructions and requirements found at the following URL – http://www.cameracal.co.uk/fedex-pick-up-delivery/
- Customer does not lock the supplied padlocks
- Unlock codes are divulged to courier
- Items are not sufficiently packed in the case and thus equipment sustains damage.In the case in which the clients chooses to package their own equipment (using our Fedex £9.50 collection service) Cameracal cannot be responsible and a claim will not be accepted if said equipment is packaged inadequately as in insufficient / inadequate packing or holding box or insufficiently secured.
Fees and Payment
For all training courses full payment must be received by Cameracal Limited at least 5 business days in advance.
For all calibration and other services a minimum non-refundable deposit of 25% is required at least 5 business days in advance.
Serviced goods must be paid for, in full, either before they can be despatched or taken from our premises, or within 21 days of us letting you know they are ready for collection.
If you have an approved account with us, you must pay by the end of the calendar month following the month during which the repair charges are invoiced.
If you do not pay within the periods set out above, we reserve the right to stop or suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with you.
You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable rates in effect at the time of performance or such other rate as may be agreed between us.
Cameracal has the right to cancel a course within a reasonable period of time under the following circumstances:
- Sickness and or exceptional circumstances of said tutor (Cameracal will always look to supplement another tutor if possible).
- Loss of power / lighting in the building.All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
Any services and products we merchandise are not sold on a trial basis. We welcome your calls to discuss any of the products or services we sell so that we can give you the benefit of our experience and advice. We also have a showroom where we can demonstrate all the products. Published prices, specifications and services are subject to change without notice.
All payments must be made in British Pounds and we do not accept payments by cash.
If you are paying by cheque, goods will not be despatched until funds have been deposited into our account and cleared (we normally allow 5 business days for this).
The fees, any published or quoted prices are inclusive of any applicable VAT, which will be charged on all transactions at the prevailing rate.
If you do not pay, in full for the repair or replacement of the goods, or do not collect them within 3 months after we have told you they are ready, we may dispose of them. The method of disposal will be at our discretion. We may also sell some equipment in order to cover:
• The costs of repair and/or replacement; • Storage;
- Expenses incurred in trying to contact you; and/or
- Expenses incurred in disposing of the goods.Termination
We can terminate the provision of the Services immediately if you:
a) Commit a material breach of your obligations under these Terms and Conditions; or
b) Fail to make payment of any amount due under the Contract on the due date for payment; or
c) Are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
d) Enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
e)Convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para 14 of Schedule B1 of the insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
Copyright and Intellectual property
All rights of ownership to all materials prepared, published and distributed by the company weather written or not shall remain the property of Cameracal Limited.
Copyright and distribution rights are reserved by the company at its sole discretion except where these rights are explicitly stated in writing to have been waived or where the contract between Cameracal and the customer explicitly provides or where the material is so endorsed by the company.
All photos displayed on this site are copyright (moral rights asserted). They may not be downloaded or copied onto any other computer or medium, except insofar as they are cached by web-browsers during normal use.
We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Guarantee or Warranties
Subject to the following conditions, we will re-service or replace free of charge any part of the goods which, during the 6 months following the goods collection or despatch, are found to contain defects in materials or workmanship that directly relate to the work or service carried out by us.
This guarantee is limited to the goods which Cameracal Limited has serviced or replaced.
This does not apply:
- If damage to the goods is caused by accident, misuse, failure to follow the operating instructions, orunauthorised modification or repair.
- To any parts that have a ‘use by’ date, e.g. batteries.
- The goods have not been serviced or repaired to the manufacturer’s specification.Estimates
- Unless you put a request to the company in writing, we do not have to give you an estimate before we start the agreed work.
- Unless you give us permission to go ahead, we may delay starting the work.
- If we do not receive instructions within 21 days of the date of the estimate, we may return the goods to
you at your expense.
• If we have given you an estimate and the calibration or service does not happen, either through lack of communication or because you have refused the estimate, we may charge for the examination and any re- assembly of the goods. We will try to re-assemble the goods to the condition in which we received them. However, if we are unable to do this, we will not be liable to you for any loss or damage that occurs as a result.
• Unless otherwise specified estimates are supplied F.O.C although the cost of delivery an collection of the client’s goods will be liable – normally £19.50 unless otherwise specified.
Liability and Indemnity
Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
a) Any indirect special or consequential loss, damage, costs, or expenses or;
b) Any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
c) Any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
d) Any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
e) Any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
Nothing in These Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
The company shall not be liable for failure to perform or delay in performance of any contract or for the loss or damage to goods indirectly caused by force majeure to include acts of God, fire, theft, riot, war, embargo, strike of labour, delays in delivery or material by suppliers, prohibition of export or import, confiscation of any other occurrences (whether or not of a similar nature to those specified) beyond the control of the company. No consequences of any such event shall give rise to the recession of the Contract unless in the opinion of Cameracal Limited the contract becomes incapable of performance