Terms & Conditions
Indiecam’s products are intended for professional use only (not consumers). The Purchaser/Lessee agrees to use, operate, maintain and store the Equipment with due and professional care, in the manner for which the Equipment is intended and in compliance with manufacturer’s specifications, any warranty restrictions, and applicable insurance requirements.
Prices & Quotes
Quotes are valid 14 days unless otherwise indicated.
Budget prices and discounts are valid for entire order or rental period only.
Unless otherwise noted accordingly, all prices are:
excl. extras, transportation, and travel costs
excl. insurance or handling
excl. additional items that are ordered at a later time
excl. additional mechanical and electronics design and waterproofing
excl. additional cabling and repairs of any damages on set due to mechanical shock, vibration or humidity
Prices and other terms are subject to change without notice. All prices are EXW. The prices of the products do not include VAT, any other sales, use, excise or similar taxes. The amount of any present or future tax applicable to the sale or rent of the products shall be paid by the Purchaser/Lessee.
When ordering goods for delivery overseas the Purchaser/Lessee may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by the Purchaser/Lessee.
The Lessee is responsible for any damage, loss, theft, destruction, etc. of the rented equipment. It is solely your responsibility to protect and insure the equipment accordingly.
Equipment failures during the rental period are incalculable, therefore the lessee explicit abstains to any claim for compensation.
Lessee agrees to use, operate, maintain and store the Equipment with due and professional care, in the manner for which the Equipment is intended and in compliance with manufacturer’s specifications, any warranty restrictions, and applicable insurance requirements.
Lessee will take reasonable precautions in regard to the use of the Equipment to protect all persons and property from injury or damage. The Equipment shall be used only by your employees or agents qualified to use the Equipment.
By its inspection, waiver of inspection, and/or acceptance of such delivery, Lessee accepts the equipment as fit for the purpose intended, and waives any claim otherwise. The equipment is leased without any express or implied warranty or guarantee of any kind, including but not limited to implied warranties of merchantability, against interference or infringement, or that it will be fit for any particular purpose or performance. Lessor assumes no responsibility, express or implied, for any actual, special or consequential damage resulting from or associated with the performance or non-performance of its equipment after it has left Lessor’s custody and control, whether the alleged failure is caused by Lessee, its personnel, or any other party, entity or cause.
Lessee agrees to defend, indemnify, and hold Indiecam GmbH, its parent, subsidiary and affiliated companies and their owners, officers, and employees harmless from and against any and all claims, actions, causes of action, demands, rights, damages of any kind, costs, loss of profit, expenses and compensation whatsoever including court costs and attorneys’ fees (“Claims”), in any way arising from, or in connection with the Vehicles and Equipment rented/leased (which vehicles and equipment, together, are referred to in this document as “Equipment”), including, without limitation, as a result of its use, maintenance, or possession, irrespective of the cause of the Claim, except as the result of our sole negligence or wilful act, from the time the Equipment leaves our place of business when you rent/lease it until the Equipment is returned to Indiecam.
Delivery dates stated by Seller are always non-binding, in the event of delay claims for damages are excluded. All delivery shall be made to carrier EXW Seller’s warehouse, and risk of loss or damage to or destruction of the purchases from and after their delivery to the carrier shall be with the Purchaser. Arrangement of insurance of products is the responsibility of the Purchaser unless specifically stated on the Purchaser’s order. When shipping instructions are not furnished, Seller will ship via the most practical route considering cost and require date of delivery. Unless specified in Purchaser’s order that shipment must be complete, Seller had the option to make partial shipments.
Terms of payment will be expressly provided herein. Unless otherwise agreed, the purchase price will become due and payable by Purchaser immediately after receipt of products or invoice, which ever is first. All products remain in property of Seller until full payment is received. Seller may require payment in advance before making any shipment. Purchaser agrees to pay Seller interest on any payments that are received beyond the payment date described herein, at a rate equal to the maximum rate permitted by law. Purchaser shall be responsible to pay any reasonable attorney’s fee should collection of unpaid invoices become necessary.
In the event of return of any products for warranty reasons or the like, the Seller must approve all returned products in writing. All transportation charges for returned products will be prepaid by Purchaser. A restocking charge may be applied. Proof of shipment will only be provided upon request and only for good business purposes.
Unless otherwise stated in writing, Seller assumes no responsibility for collection of loss or damage claimed. Purchaser is responsible to file any claims for loss, pilferage, or damage in transit with the carrier from which shipment is received.
Seller warrants that at the time of delivery from Seller’s warehouse the products supplied will be free from defect in material and workmanship. The warranty period will be 12 (twelve) months starting at delivery of the product according to EXW Seller’s warehouse (Incoterms). Seller has the option to repair, adjust or replace its product or service proved to be defective at time of delivery. In such an event Purchaser shall not have the right for price reduction or annihilation of this agreement. Seller shall in no event be liable for any injury, direct or consequential, arising out of the use of or the inability to use the product. Before purchasing the product, the Purchaser shall determine the suitability of the product for his/her intended use, and Purchaser assumes all risk and liability with use of the product. Liability for defects is excluded if faults, impairment of serviceability or damage are caused by: the products delivered by Seller have been repaired or processed by any third party; the serial number, manufacturing marks or other signs the products have been permanently marked which have been removed, changed or made unrecognizable; a different software is used for devices; defects caused by normal wear and tear, accidents or improper handling.
Notwithstanding anything to the contrary contained herein, in no event shall Seller have any liability to Purchaser for any special, indirect, incidental, or consequential damages for any reason whatsoever relating to or arising out of the subject of these Terms and Conditions (including, but not limited to, Purchaser’s order). Liability in all cases is restricted to the amount of the purchase price. Any further liabilities in all cases are excluded. Spare Parts ordered may be new or remanufactured.
Seller will make every reasonable effort to complete shipment when indicated, but shall not be liable for any loss or damage, delay in delivery, or failure to deliver due to causes beyond its reasonable control including, but not limited to, acts of government or compliance with any government rules or regulations, acts of God, acts of civil or mandatory authorities, acts of purchaser, strikes, riots, war or inability of Seller to obtain necessary materials, components, service or facilities. Should a delay occur due to a force majeure event, Seller will be released from its obligations under the agreement and may reasonably extend delivery or production schedules or, at its option, cancel the order in whole or part without liability other than to return any unearned deposit or prepayment.
Neither party may assign any rights of obligations under this agreement without the written consent of the other Party. This agreement shall be governed by and interpreted in accordance with the laws of Austria, without giving effect to conflict of law principles. The parties agree to submit to the exclusive jurisdiction of the competent courts of Vienna, Austria for any and all disputes arising out of or in connection with this Agreement.
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