Terms

TERMS OF USE AND OF SALE

DEFINITION OF WORDS USED THROUGHOUT THESE TERMS
In these Terms:
The “Agreement” shall mean the Agreement to sell “The Goods” to you pursuantto  the Terms.

The “Company” means Camera Dynamics Limited.

The “Customer” or “purchaser” means you,the user and/or buyer.

The “Goods” or “goods” means all goodsand services to be supplied under the Agreement.

The “Terms” shall mean these Terms ofUse and of Sale.

LEGAL
Thelaws of England and Wales governthese Terms. By accessing this website and using our services/buying ourproducts you consent to these Terms and to the exclusive jurisdiction of theEnglish courts in all disputes arising out of such access. If any of theseterms are deemed invalid or unenforceable for any reason (including, but notlimited to the exclusions and limitations set out below), then the invalid orunenforceable provision will be severed from these Terms and the remainingTerms will continue to apply. Failure of the Company to enforce any of theprovisions set out in these Terms and any Agreement, or failure to exercise anyoption to terminate, shall not be construed as waiver of such provisions andshall not affect the validity of these Terms or of any Agreement or any partthereof, or the right thereafter to enforce each and every provision. TheseTerms shall not be amended, modified, varied or supplemented except in writingand signed by duly authorized representatives of the Company.

TERMS OF USE

PRIVACY STATEMENT

This is the privacy statement of CameraDynamics, Ltd. and specifically its website located at: http://www.artemis-hd.com and http://www.artemis-hd.de.  The Company endeavors to handle its visitors'information with the utmost respect, care and confidentiality.  We collect and store information to enable usand our associated companies and websites to operate smoothly and improvecontent for visitors. Though we make every effort to preserve user privacy, wemay need to disclose personal information when required by law wherein we havea good-faith belief that such action is necessary to comply with a currentjudicial proceeding, a court order or legal process served on our Web site.

The Company will in some cases use the information collectedon the site for marketing purposes. This may be in the form of site updates,new product notifications or general sales information, and may include othercompanies in The Vitec Group plc.

All information collected by us is stored as securely aspossible and is available only to authorized Company staff.

We occasionally provide links to Internet sites and/or otherweb content that has been posted and/or is maintained by third parties and mayprovide third party items or materials on this site. Any mention on our site ofproducts or services provided by third parties is for informational purposesonly and constitutes neither an endorsement nor a recommendation by us. Weassume no responsibility for those products, services or content. We furtherassume no responsibility for the content of any material, statement or opinionscontained at any other site, or for the postings made by any other entity. Wecannot and do not vouch for the accuracy of any information that is found onthose sites or in any third party content. The contents of any site or link notmaintained by us does not necessarily reflect our opinions, standards orpolicies or that of our parent corporation, affiliates, subsidiaries,directors, executives, managers, staff or employees. Your dealings with anythird parties mentioned on or found through our Web site are solely between youand such third party and subject to any terms, conditions, privacy policies,warranties or representations associated with such dealings. Your use of athird party site or the choice to view third party content is at your sole riskand is without warranties or legal liability of any kind whatsoever as to orfrom us.

AGGREGATEINFORMATION (not personally identifiable)
Weshare aggregated demographic information with our partners and advertisers. Forexample, we may pass details to our suppliers of the number of users lookingat/purchasing their products, or the number of click-throughs from their ownsites. This is not linked to any personally identifiable information. 

THIRD PARTIES

For the purpose of credit/debit card authorization we willpass your name and address to our Bank.
For the purpose of delivering your parcel we will pass your name and address toDHL or another of our parcel carriers.  You should verify for yourself that they donot retain, share, store or use personally identifiable information for anysecondary purposes.

SECURITY

This Web site endeavors to take every reasonable precautionto protect our users' information. When users submit sensitive information viathe Web site, their information is protected both online and off-line.

When our registration/order form asks users to entersensitive information (such as credit card number and/or social securitynumber), that information is encrypted and is protected with the bestencryption software in the industry - SSL. This uses 128 bit encryption, thehighest currently commercially available. While on a secure page, such as our order form, the lock icon on thebottom of Web browsers such as Netscape Navigator and Microsoft InternetExplorer becomes locked, as opposed to un-locked, or open, when users are just'surfing'.  While we use SSL encryptionto protect sensitive information online, we also do everything in our power toprotect user-information off-line. All of our users' information, not just thesensitive information mentioned above, is restricted in our offices. Onlyemployees who need the information to perform a specific job (for example, ourWeb Sales or Dispatch teams) are granted access to personally identifiableinformation. The servers that store personally identifiable information are ina secure environment, in a locked facility.

We require a Password for registration and use of oursite.  You should maintain thispassword’s secrecy and uniqueness.  Yourpassword security is your responsibility.

In the event that you have any questions regarding oursite, its use or its security please contact us at:

SUPPLEMENTALINFORMATION

In order for this Web site to properly fulfill its obligationto users it is necessary for us to occasionally supplement the information wereceive with information from 3rd party sources.  We may use third party information and softwareto verify a user's address or other personal information to gain authorizationfor sales charged to their credit/debit card. 

COOKIES

Like most interactive web sites this Company’s website [orISP] uses cookies to enable us to retrieve user details for each visit. Cookiesare used in some areas of our site to enable the functionality of this area andease of use for those people visiting. Some of our affiliate partners may alsouse cookies. 

COPYRIGHT

Copyright and other relevant intellectual property rightsexist on all text relating to the Company’s products and servicesand the full content of this website.  All Company logos are registered trademarks of this Company in Germany, the European Union, the United Kingdom andother countries. The brand names and specific services of the Company featuredon this web site are trade marked and may be registered and under nocircumstances may anyone use our marks without our specific written consent. 

TERMS OF SALE

QUOTATION VALIDITY
In the event that the Company issues a quotation, it remains valid for a periodof only 30 days from its date of issue unless otherwise stated or previouslywithdrawn.

CANCELLATION
If you cancel or return the Goods (or any portion) the Company may, at itsdiscretion, either charge you 25% of the contract price (but min. EUR 100,00)for restocking and loss suffered or will quantify the loss incurred by theCompany and charge it to you, at our option.

In order for you to cancel our Agreementafter dispatch you must return to us all of the Goods as well as all packagingwithin five working days of your receipt of the Goods.  The Goods must not be damaged in any way orwe will not be able to accept their return.

PRICE
Unless otherwise stated the price for the Goods is packed ex-works and excludesshipping, import/export duties, installation and training. All prices arestated exclusive of any VAT or sales tax.  For orders below the value of EUR 20,00 thedifference between your order value and the minimum order amount of EUR 20,00will be charged.

SPECIFICATIONS & CORRECTIONS
The Company reserves the right to alter specifications, where necessary, tocomply with regulations or legal requirements or where such alterations do notin the Company’s reasonable opinion materially affect your expressedrequirements. Errors and omissions as to specifications, price or descriptions ofGoods are all subject to correction at anytime.

DRAWINGS, PROGRAMS ETC.
The copyright in all illustrations, drawings and other documents supplied by theCompany remain vested in the Company and no copies may be taken without theCompany’s prior written consent. All computer programs, software or firmwaresupplied by the Company remain the property of the Company, are provided bymeans of a non-exclusive, revocable license to use on a specified machine, areto be kept confidential by you, and not to be further copied or divulged to anyother party without the Company’s prior written consent.

COMPLIANCE
You (the Customer) are responsible for procuring all consents and forcompliance with legal requirements (including the payment of all duties, taxesand levies of whatever nature) necessary to import into and operate goodswithin any country other than Germany.

DISPATCH
The Company will use its best endeavors to dispatch by any date given, but willnot accept liability for failure to do so unless an Undertaking in writingshall have been given by the Company under an agreed penalty (as liquidateddamages) for late dispatch and you have actually suffered loss by the Company’sdelay. In such cases should dispatch be hindered or delayed by yourinstructions or lack of instructions or by any cause whatever beyond theCompany’s reasonable control a reasonable extension of time shall be granted.

DELIVERY ANDRISK 
Insurance responsibility and risk of loss or damage to the Goods passes to youon dispatch of Goods.

TheCompany will deliver Goods for eventual delivery in Germany to any address specified bythe Customer.  Costs for thatdelivery will be the responsibility of the Customer.

The Company will deliver Goods for eventual delivery outside ofGermanyto its shipper, DHL, or any other shipper chosen by the Company to theshipper’s location closest to the Company's premises.

At the Customer's request the Company will, as the Customer'sagent and at the Customer's cost endeavor to arrange:

1)            to ship the Goods to the destination specified by theCustomer, and

2)            to insure the Goods during shipmentin accordance with the Institute of London Underwriters Cargo Clauses (allrisks) Institute War Clauses, Institute Strikes, Riots and Civil CommotionClauses, the Company shall be under no liability whatsoever for any loss ordamage arising through the choice of carrier or any act or omission of thecarrier.

The risk of damage to or loss of all or any of the Goodsshall pass to the Customer forthwith upon dispatch thereof to the Customer andaccordingly, pending disposal the Customer shall keep the Goods insured to thefull amount of the price at which the Goods are sold to the Customer againstall insurable risks. 

Notwithstanding the above responsibilities of Customer, titlein any or all Goods shall remain vested in the Company until the Companyreceives payment in full of all sums due to the Company under the Contract. 

Until payment in full the Customer shall hold any or all theGoods in a fiduciary capacity for the Company and the Customer shall hold theGoods separately from its' own assets and clearly marked as the property of theCompany PROVIDED THAT the Customer shall have the right to sell any or all ofthe same in which event the rights of the Company hereunder shall attach to allthe proceeds of sale of the Goods and the Customer shall place such proceeds ina separate Bank Account. 

Until payment in full of all amounts due Company, the Companyshall at all times have full right and license to enter upon the Customers'premises to remove the Goods. 

The Company will, in all cases, make every effort to supplythe Goods within the specified delivery time but all dates quoted for deliveryof the Goods are approximate only and the Company shall not be liable for anydelay in delivery or provision howsoever caused. 

INSTALLATION
Where the Agreement includes installation you will upon request provide all necessarysite access and facilities to enable the Company’s engineers to carry outinstallation of equipment promptly and without delay. The Company will use allreasonable endeavors to obtain visas and work permits to enable its engineersto carry out the installation. Where required you will assist in obtainingvisas and work permits. If, despite the use of such efforts, the Company isunable to obtain visas and work permits it shall be excused from furtherperformance of the obligations to install equipment.

WARRANTY
The Company warrants, to the original purchaser (Customer) only, that thisproduct will be free from defects in materials and workmanship under normal andproper usage for a period of one (1) year from the date of purchase. TheCompany’s obligation under this warranty is limited to replacing or repairing,at The Company’s option, products or parts determined by The Company to bedefective in materials or workmanship. This parts and labor warranty is subjectto the terms and conditions set forth below.

EXTENDED WARRANTY
By completing and registering online, the warranty on the Company’s Goods (hardwareproducts only) is extended from one (1) to two (2) years from the date ofpurchase subject to the terms and conditions below. The extended warranty doesnot apply to batteries, robotics, electronics and/or software support which areonly covered for maximum of 1-year. 

NOTIFICATION OF WARRANTYCLAIMS
All warranty claims must be made in writing, delivered to the Company at itsregistered office and must include date and proof of purchase.

EXTENT OF LIABILITY
This warranty is given to the original purchaser (Customer) of the goods onlyand cannot be assigned, except with the prior written agreement of the Company.Subject to these terms and conditions, The Company will repair or replace, freeof charge, any product or defective part provided that the defective part of theproduct has been returned to the Company or its authorized agent, freightpre-paid. If any defective product has been superseded and cannot be repaired,replacement will be made with a current model of the same quality andequivalent function.

EXCLUSION OF LIABILITY
This warranty does not cover any damage, defects or costs caused by: (1)modification, alteration, repair or service of the product by anyone other thanThe Company or its authorized representative; (2) physical abuse to, overloadof, or misuse of, the product, or operation of the product in a manner contraryto the instructions accompanying the product; (3) any use of the product otherthan that for which it was intended; or (4) shipment of the product to theCompany for service.

UNDER NO CIRCUMSTANCES SHALL THE COMPANYBE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUTNOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR LOSS OFEQUIPMENT, LOST PROFITS OR REVENUE, COSTS OF RENTING REPLACEMENTS AND OTHERADDITIONAL EXPENSES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OFINCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAYNOT APPLY TO YOU.

ANY EXPRESS WARRANTY NOT PROVIDED HEREIN, AND ANY REMEDY WHICH, BUT FOR THEWARRANTY CONTAINED HEREIN, MIGHT ARISE BY IMPLICATION OR OPERATION OF LAW ISHEREBY EXCLUDED AND DISCLAIMED INCLUDING THE IMPLIED WARRANTIES OFMERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DONOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOTAPPLY TO YOU.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHERRIGHTS, WHICH MAY VARY FROM JURISDICTION TO JURISDICTION.

PAYMENT
Payment in full is required prior todispatch.  At present the Company mayonly accept credit card orders in the amount of 3,500,00 Euros or less fromwithin the European Union and 1,500,00 Euros from outside the European Union.

The Companyshall treat orders for product(s) in an amount greater then the above in itstraditional fashion and Customer Support shall contact you subsequent toreceiving your Order.  In such a caseyour Order is not accepted by the Company until and unless written confirmationof acceptance is received by you from the Company. 

In the event that and amount remains due on the goodsat dispatch then a ll goods remain the property of the Company until paid forin full.

Monies that remains outstanding by the due date willincur late payment interest at the rate of 2%above the prevailing Bank of England's base rate on the outstanding balanceuntil such time as the balance is paid in full and final settlement.

We reserve the right to seek recovery of any moniesremaining unpaid sixty days from the date of invoice via collection Agenciesand/or through Court action. In such circumstances, you shall be liable for anyand all additional administrative and/or court costs.   

Returned cheques will incur a 25,00 Euro chargeto cover banking fees and administrative costs. In an instance of a secondReturned cheque, we reserve the right to terminate the arrangement and, ifagreed to, we shall insist on future cash transactions only. Consequently, allbookings and/or transactions and agreements entered into will cease withimmediate effect until such time as any and all outstanding monies are recoveredin full.   

In certain instances an irrevocableLetter of Credit confirmed by our clearing bank may be required.  Where an agreed line of credit has beenopened with the Company, payment terms are strictly 30 days from the date ofinvoice. If payment is not made on the due date, the Company may in addition toall other remedies it has, suspend performance of this and any other agreementwith you and/or charge you interest (both before and after judgment) calculatedat a daily rate equivalent to 4% over the HSBC PLC base rate applying From timeto time in England and Wales.

RETENTION OF TITLE
The property in the Goods shall not pass to you until they have been paid forin full and all other amounts owed by you to the Company on any account havebeen paid. You may not sell the Goods until the property has passed.

BANKRUPTCY
If you shall become the subject of any formal or informal procedure relating toinsolvent persons, firms or companies then the Company may stop any Goods intransit and suspend further deliveries and may determine any contract withoutprejudice to any existing claim it may have.

INCOTERMS
The interpretation placed by Incoterms 1990 on terms of trading obtained in anyorder resulting from this quotation shall apply.

FORBEARANCE
No failure by the Company to exercise any of its rights at any time shallprejudice the rights of the Company under the Agreement or affect theinterpretation of future agreements.

RELIANCE
By placing your order you acknowledge that you place no reliance on anystatement which has been made or may be made concerning the order other thanone made by us in writing and any statement is excluded from the agreement.

CONTRACT
The offers to sell as contained on our Website is an indicative quotation anddoes not form a contract until we accept in writing any offer you make. Anycontract entered into would be subject to these Terms unless otherwise agreedin writing.