STANDARD TERMS AND CONDITIONS FOR CAMERAWORKS-UK

13th August 2022

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DEFINITIONS

In this document the following words shall have the following meanings:

 

• CUSTOMER means any individual, partnership, limited company, charity or organisation, agent and principal thereof that from time to time engage cameraworks-uk to carry out work.

• The COMPANY is cameraworks-uk,14 Rollesby Close, Bury, BL8 1EW, United Kingdom.

• PROPOSAL means a statement of work, quotation, estimate or other similar document describing the work to be provided by cameraworks-uk communicated in letter form or by email or SMS.

• WORK means any repair, servicing, restoration, painting, investigation, the supply or fitting of spare parts, any variation of the proposal as agreed between cameraworks-uk and the customer and any other duties carried out by the cameraworks-uk on behalf of the customer.

• The CONTRACT shall mean instructions, confirmed in writing, electronic format or verbally issued by the customer or an authorised person on behalf of the customer.

• FEES shall mean all charges and expenses that will by invoiced by cameraworks-uk to the customer for the work provided.

• TERMS AND CONDITIONS means the terms and conditions of business set out in this document and any special terms and conditions agreed in writing by cameraworks-uk.

• EQUIPMENT means any camera, lens or apparatus of any kind sent to cameraworks-uk for work to be carried out.

• GUARANTEE refers to any remedial work to the equipment that may be carried out by cameraworks-uk after the original work has been carried out and may also be referred to by the word WARRANTY which shall also have the same meaning.

• PRICE meaning the price of a particular service or product we provide. Prices may change periodically and are shown on a pricelist on our website/s. For prices that are not shown on our website/s, they may be communicated to the customer by means of a proposal.

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1. GENERAL

2. These Terms and Conditions shall apply for the supply of work by cameraworks-uk to the customer and shall prevail over any other documentation or communication by the customer.

3. Any variation to these terms and conditions shall be inapplicable unless agreed in writing by cameraworks-uk.

4. Nothing in these terms and conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which cameraworks-uk may be entitled in relation to the work, by virtue of any statute law or regulation.

5. Nothing in these Terms and conditions shall affect the customer’s statutory rights as a consumer.

6. WORK

7. Any work proposal in the form of a quotation or estimate that link to these terms and conditions shall remain valid of a period of 30 days.

8. The customer shall be deemed to have accepted the work proposal by placing an order and/or sending equipment to cameraworks-uk for work to be carried out.

9. cameraworks-uk will carry out investigatory work in order to prepare an estimate or report if required. Any such investigations are fully subject to these terms and conditions. In the case of fixed price servicing according to our current price list as well as the instructions including, but not limited to, a proposed timeline which vary from time to time and any significant additional estimate of charges which will be set out in an accompanying communication by email, writing or verbally.

10. The work proposal will be the best estimation of the work required to meet your needs. If significant further work is required, the customer will be consulted before any further activity takes place. Minor variations in the work that may lead to further but less significant cost may be carried at the company's discretion without consultation with the customer.

11. cameraworks-uk may at its discretion, commence work prior to a receiving written acceptance of a proposal. In these circumstances the customer agrees that these Terms and Conditions shall wholly and solely apply.

12. cameraworks-uk shall not be liable for failure to complete the work within the proposed or estimated timeline or deadline. These are based on estimates and therefore not legally binding.

13. FEES

14. The fee for the work is as specified in the proposal but may be subject to additional work that cameraworks-uk deems necessary to carry out the work successfully outlined in P.10.

15. Fees are based on cameraworks-uk's current pricelist and are subject to amendment.

16. Fees plus the cost of return shipping will be invoiced and become payable on completion of the work.

17. Advance bookings may be accepted on receipt of an advance booking fee or deposit. Providing the equipment is sent to cameraworks-uk for repair within 30 days of the request to do so, an amount equal to the cost of the advance booking fee will be deducted from the final invoiced amount.

18. COMPLETION AND PAYMENT OF FEES

19. Completion of the work shall be deemed to have taken place when such work as described in the proposal has been fully carried out. At this stage an invoice for the work carried out plus shipping fees will be issued. Full payment of the fee shall become due and payable immediately.

20. Should the work be delayed or suspended at the request of or through default of the customer, cameraworks-uk shall be entitled to payment of all fees resulting from all the work carried out up to and including the point of cancellation.

21. Payment terms are strictly due on the date of the invoice unless otherwise agreed in writing.

22. If the customer fails to make any payment within 30 days of it becoming due, cameraworks-uk shall be entitled to charge interest at the rate of 1.0% above the Bank of England variable base rate per month on the outstanding amounts.

23. Goods will not be delivered to the customer until full payment of all fees has been received.

24. Late payments will be followed up with invoice reminders. cameraworks-uk will make all reasonable efforts to contact the customer by electronic means and in writing if the account remains unpaid. Unless otherwise agreed in writing, if payment has not been received within 90 days of the invoice date, cameraworks-uk reserves the right to recover costs by disposal of the equipment by public auction. Any funds recovered will be subject to deductions to cover the original invoice for work carried out, interest, storage and auction fees and reasonable administration costs. Any positive remaining balance will be returned to the customer. If this is not possible, funds will remain on account. Any negative balance will be remain payable by the customer and cameraworks-uk reserves the right to enforce legal action to recover the outstanding balance.

25. CAMERAWORKS-UK OBLIGATIONS

26. cameraworks-uk shall perform the work with reasonable skill and care and to a reasonable standard in accordance with good working practises although in the case of older 'vintage' equipment may be limited or delayed due to sparsity of spare parts.

27. Most work carried out by the cameraworks-uk is covered by a guarantee, the terms of which may vary from time to time and are specified in the current company website/s and para 53.

28. cameraworks-uk shall not be liable for any charges levied by customs authorities in the destination country.

29. CUSTOMER OBLIGATIONS

30. The customer shall cooperate with the company in all matters relating to the work.

31. The customer shall clearly state the work that is required to be carried out, along with any intermittent faults or issues that may not be obvious at the time of repair as well as (where possible) advise of any previous work carried out by other repair organisations that may be assist work.

32. The customer shall settle outstanding accounts in a timely manner.

33. Due to the nature of the equipment there will be a risk associated with carrying out work. For example, optical components may be under stress, optical coatings may have deteriorated and become fragile, other mechanisms, systems, electronic circuit boards and parts, even indirectly associated with the work being carried out could potentially fail during the process of carrying out work. Therefore the customer shall indemnify and hold harmless the company against any claim arising in respect of any damage that may arise, directly or indirectly as a result of working on the equipment.

34. CONFIDENTIALITY & DATA PROTECTION

35. Information disclosed by the customer will be kept confidential and shared only with relevant staff providing the work as required.

36. All information retained by cameraworks-uk will be processed strictly in accordance with the provisions of the Data Protection Act 2018 and its successors. Such information shall be held solely for the purposes of fulfilling the contract.

37. cameraworks-uk will not transmit any personal data held on behalf of the customer except where a) The transfer is a necessary part of the work undertaken to fulfil the contract or b) There is a requirement to do so for the prevention or detection of criminal activity.

38. COMPLAINTS AND DISPUTES

39. cameraworks-uk will always aim to deliver excellence however there may be times when the customer is not happy with the work provided. In most cases issues can be resolved informally or by making a warranty claim, however cameraworks-uk has a complaints procedure. A copy will be issued upon request. This procedure sets out the process for making a complaint and the amount of time you should expect to wait for a full response and investigation.

40. If there is a dispute about the interpretation or operation of this contract then cameraworks-uk will make every effort to resolve the dispute when and where it arises, negotiating on the basis of good faith.

41. cameraworks-uk will not indemnify the customer against any third party or consequential losses howsoever they may occur.

42. CANCELLATIONS & TERMINATION

43. The customer may cancel the work by notifying cameraworks-uk by email or in writing at the address above. After receiving such a notification the appropriate repair record for the equipment in question will be amended to 'cancelled' and the customer will receive a confirmation by email, at which point the cancellation will be effective.

44. Any work already undertaken up to the point of cancellation must be paid for within the notice period along with the cost of shipping back to the customer.

45. cameraworks-uk reserves the right cancel the work at its discretion. In the unlikely event this happens cameraworks-uk will give written notice to the customer.

46. FORCE MAJEURE

47. Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

48. SEVERANCE

49. If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

50. GOVERNING LAW AND JURISDICTION

51. Any disputes or claims arising out of or in connection with these Terms and conditions of Business or the contract shall be governed by and construed in accordance with the law of England and Wales

52. ACCEPTANCE OF TERMS

53. By sending Equipment to cameraworks-uk for work to be carried out means that you accept these Terms and Conditions of Business.

54. WARRANTY

55. This warranty is governed by and shall be construed in accordance with the laws of England and Wales. Warranty work may be subject to waiting periods /turnaround time which vary from time to time but we do endeavour to give priority to this type of work.

56. WHAT IS COVERED:

57. Equipment originally repaired/serviced explicitly covered by the warranty, the terms of which vary periodically and were published at the time of the original repair booking. cameraworks-uk clearly lists all work covered by the warranty on its website, price lists and advertising material.

58. This warranty applies to work and parts fitted by cameraworks-uk and covers any defects in materials and/or workmanship under normal use during the warranty period. During the warranty period, cameraworks-uk will repair the equipment at no further cost using new or refurbished parts. The warranty period will run for a period stated on our website/s from the completion of the repair. This warranty requires the customer to ship the equipment to us at the customer's cost. Return shipping costs are borne by the company using a delivery service of our choice. Where no fault is found, the company will invoice the customer for the cost of return postage/packing.

59. WHAT IS NOT COVERED

60. MANAGING EXPECTATIONS

61. We work hard to ensure that the highest standard of workmanship takes place and the aim is to restore the equipment to full working order. However, unrealistic expectations may lead to the perception of problems after work has been carried out. It is unlikely that a piece of equipment manufactured in the 1930's, even in perfect unused and restored condition would have the same standard of accuracy and precision as a later iteration of the same equipment that has had various improvements and modifications. Also, the external cosmetic condition may not accurately reflect the internal condition of the equipment. New spare parts are few and far between, also the equipment may have had many repairs in the past and the quality of the workmanship also plays a part. Where specific parts are very worn or damaged and if no suitable replacement part can be found, a compromise may have to be made. For example, edges of framelines 'peeping' through may be the result of wear to the mask mechanism. The correct method of repair would be to replace the entire unit, but they are no longer available. Servicing a lens requires very careful cleaning, so as not to mark the internal soft coatings so the option is to leave alone or risk some marks on the coatings. Please bear this in mind before having your equipment repaired.

62. Malfunctions or damage not resulting from defects in material or workmanship of the original repair. Problems that were not apparent at the time of the original repair that later developed into a fault unless those faults can be attributed to the failure of specific parts fitted or workmanship during the original repair. Failure to follow operating instructions, impact damage/excessive vibration, exposure/contamination by water, sand, foreign objects or any other substance or material that interferes with the correct operation of the equipment. Damage caused by the use of motor drives or motor winders. Any faults of a cosmetic nature that do not affect the use and performance of the equipment. In the case of painting/refinishing/restoration of surfaces, normal wear and tear is to be expected unless faults occur as a result of defective materials and/or workmanship. Minor blemishes, marks and/or minor dust motes, pre-existing surface scratches, old fungus etching marks that may be still visible on optical surfaces that have been cleaned and serviced but have not been replaced. Minor adjustments or routine maintenance. Light leaks unless caused by the omission or displacement of certain specific light shielding materials or incorrect assembly during the servicing work or where a light leak was reported when the equipment was sent in for repair and was not resolved. Certain types of light leakage are intrinsic to the design of the equipment and although these issues can be mitigated to some extent, removing them entirely may not always be possible and advice will be given in the use of the equipment in such cases. Batteries and/or battery leakage as well as consumable items and parts that are subject to normal wear and tear. We may be requested to carry out certain types of repair work on optical components and/or lenses. This includes restoration of cemented components that require the use of heat and/or other mechanical techniques. Due to the fragile nature of the materials and the scarcity of spare parts, any such work is carried out at the customer's own risk.

63. This warranty does not cover any third party or consequential losses as a result of equipment malfunction or breakdown. The cost of shipping to the cameraworks-uk for evaluation or repair, warranty claim for any other reason. This is the responsibility of the customer. Providing faults are covered by this warranty then cameraworks-uk will return the goods to you free of charge after rectification.

64. Other than procedures advised in the original operating instructions, any attempt to dismantle, carry out repairs to the equipment during the warranty period, either by the customer or any other third party, individual/repair company without prior written consent of cameraworks-uk shall discharge cameraworks-uk from this warranty. No cash alternative to this warranty is possible.

65. In the event that either no fault is found or that the fault is deemed to be outside the terms of this warranty, standard service charges will apply. Whether or not work is carried out, in these circumstances, the customer will be liable for the cost of return shipping.

66. All warranty claims must be made during the warranty period. Retrospective claims cannot be made. To obtain warranty service, you must first contact us to determine the problem so that we can arrange the most appropriate solution for you.

67. Warranty repairs assume the remaining warranty of the original repair or 30 days from the date of the repair under warranty, whichever is the longer.

E&OE