Terms and Conditions

YOUR ATTENTION IS SPECIFICALLY DRAWN TO CONDITIONS B 8 & B 9 WHICH IDENTIFY YOUR WARRANTY RIGHTS AND THE RESTRICTIONS ON LIABILITY.

KORCAMS LIMITED. TERMS AND CONDITIONS

These terms are the sole terms that govern
i) the use of the Website operated an run by Korcams Limited ("KORCAMS"); and
ii) the sale of goods and services between Korcams and you ("the BUYER").

They shall be to the exclusion of all other terms and conditions (including any terms and conditions which the BUYER purports to apply under any document) and prior agreements or arrangements between the parties.

A. TERMS RELATING TO THE USE OF KORCAMS WEBSITE

1. GENERAL

1.1 Access to KORCAMS website ("the Website") is permitted on a temporary basis, and KORCAMS reserve the right to withdraw or amend the products or services available on it without notice. KORCAMS will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time KORCAMS may restrict access to some parts or all of the Website
1.2 The Website may, from time to time, contain links to other websites which are not operated by KORCAMS. KORCAMS have no control over such sites and accept no responsibility for them or for any loss or damage that may arise from their use. Any use of any such linked sites will be subject to the terms and conditions of use and service contained within each such site.

2. PROHIBITIONS

2.1 Any user of the Website agrees that they will not commit or encourage a criminal offence; transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Website; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send unsolicited advertising or promotional material. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. KORCAMS will report any such breach to the relevant law enforcement authorities and disclose the offending person or entities identity to them.
2.2 KORCAMS will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect any computer equipment, computer programs, data or other proprietary material which results from any use of the Website or the downloading of any material posted on it, or any website linked to it.

3. INTELLECTUAL PROPERTY

3.1 The intellectual property rights in all software and content made available on or through the Website remains KORCAMS property or that of or licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by KORCAMS and their Licensors.
3.2 Users of the Website are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to them or which appears on the Website nor may they use any such content in connection with any business or commercial enterprise.
3.3 No licence or consent is granted to you to use our business name "Korcams" in any way, and you agree not to use this name without our prior written approval.

B. TERMS RELATING TO THE SALE OF GOODS AND SERVICES

1. APPLICATION OF TERMS.

1.1 Each order for products by the BUYER from KORCAMS shall be deemed to be an offer by the BUYER to buy goods subject to these terms and conditions.
1.2 No order placed by the BUYER shall be deemed to be accepted by KORCAMS until an acknowledgement of order is issued by KORCAMS or (if earlier) KORCAMS delivers the products in accordance with condition 3.
1.3 Any written quotations given before the acknowledgement of order shall expire thirty (30) calendar days from the date of quotation unless withdrawn in writing sooner. Verbal quotations are provided for budgetary guidance only. Unless otherwise specifically stated all quoted prices are in GBP (U.K Pound Sterling).

2. PRICE AND PAYMENT.

2.1 The price payable for the products shall be the price as stated by KORCAMS at the time of order. For information on the prices applicable to the products please contact KORCAMS on the contact details contained on Korcam's website.
2.2 Unless expressly stated otherwise the price payable for the products shall be exclusive of VAT (if applicable), and carriage and freight if delivery is requested or required.
2.3 Unless otherwise agreed by KORCAMS all orders must be paid in full prior to shipment via telegraphic transfer, debit or credit card. Please contact KORCAMS for ‘Remit To' information when transferring bank to bank payments.
2.5 All orders are payable in GBP (U.K Pound Sterling).

3. DELIVERY & ACCEPTANCE

3.1 All product shipments shall be made from the KORCAMS facility at Unit 7 Business Centre west, Avenue 1, Letchworth, Hertfordshire SG6 2HB ("Korcams Facility") to such address as the BUYER provides KORCAMS at the time the BUYER places their order.
3.2 Any shipment of the products from the Korcams Facility shall be at the cost of the BUYER with such costs being payable prior to shipment.
3.3 In the absence of specific shipping instructions from the BUYER, KORCAMS will ship by the method it deems, in its soles discretion, most advantageous.
3.3 Unless otherwise specified, products will be shipped in standard commercial packaging. Where special packaging or export instructions are requested by the BUYER, any additional costs will be the responsibility of the BUYER.
3.4 Any dates specified by KORCAMS for delivery of the products are intended to be an estimate and time shall NOT be of the essence in relation to the same. If no dates are specified, and subject to condition B 3.2.1, delivery shall be within a reasonable time. To this regard the BUYER and KORCAMS agree that the 30 day period of performance stated in s19(1) of the Consumer Protection (Distance Selling) Regulations 2000 shall not apply.
3.5 Acceptance of the product by the BUYER shall occur no later than the end of the seventh day working day after the BUYER receives the Products on the basis that shipments shall be made to such delivery address as is notified by the BUYER at the time of order. Products not rejected during this period shall be deemed accepted, and all returns shall be handled in accordance with condition B 6 (Cancellation & Returns). Subject to the right to cancel under condition B 6.1 products cannot be rejected by BUYER based on criteria that were unknown to KORCAMS.

4. NON DELIVERY

4.1 The quantity of any consignment of goods as recorded by KORCAMS on despatch from the Korcams Facility shall be conclusive evidence of the quantity received by the BUYER on delivery unless the BUYER can provide conclusive evidence proving the contrary.
4.2 KORCAMS shall not be liable for any non-delivery of goods (even if caused by their negligence) unless the BUYER gives written notice to KORCAMS of the non-delivery within 7 days of the date when the goods would in the ordinary course of events have been received.
4.3 KORCAMS liability for non-delivery of the goods shall be limited to replacing the goods within a reasonable time or issuing a refund for the contract value of your order.

5. CANCELLATION BY KORCAMS

5.1 KORCAMS reserves the right to cancel any contract between itself and the BUYER where:
5.1.1 their supplier has insufficient stock to enable the goods to be delivered or produced;
5.1.2 they do not or they are unable to deliver to the BUYER's area;
5.1.3 one or more of the products ordered by the BUYER was listed at an incorrect price due to a typographical error or an error in pricing information received by KORCAMS from their supplier.
5.2 If KORCAMS does cancel a contract between itself and the BUYER, KORCAMS will notify the BUYER by e mail and will either
5.2.2 in the case of credit or debit card payments re credit the BUYER's account any sum deducted by KORCAMS from the BUYER's credit or debit card
5.2.3 in the case of telegraphic bank transfer payments transfer the sums received by KORCAMS back to the BUYER's nominated bank account as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

6. CANCELLATION BY THE BUYER & RETURNS

6.1 The BUYER has the right to cancel the contract at any time up to the end of seven working days after the date the BUYER receives the products or up to the end of the tenth working day from the date of purchase (whichever is the later).
6.2 To exercise the right to cancel, the BUYER must give written notice to KORCAMS by hand or post, fax or e mail, at the address, fax number or e mail address shown in the order acknowledgement, giving details of the products ordered and (where appropriate) their delivery.
6.3 If the BUYER exercises their right of cancellation after the products have been delivered, the BUYER will need to obtain a Return Authorisation ("RA") from KORCAMS which will identify the address to which the unused and unopened products are to be returned to.
6.4 Upon receipt of the RA the BUYER will, within ten (10) days from the date the RA is issued, be responsible for delivering the unused and unopened products to KORCAMS at their own cost and in the original shipping materials. All product received ten (10) days after the RA was issued will not be considered eligible as a return for credit and KORCAMS will be entitled to return the products to BUYER at the BUYER's cost.
6.5 Once you have notified KORCAMS that you are cancelling the agreement, and subject to condition B 6.4, B 6.5 and B 6.6, KORCAMS will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your debit or credit card for the products
6.6 If the products are used and opened and the factory seal on the product has been broken, KORCAMS reserves the right to refuse a refund under conditions B 6.3 to B 6.5 unless and until KORCAMS has carried out such evaluations and test of the product as is deemed necessary to ascertain the re-saleability of the product.
6.7 Following completion of an evaluation under condition B 6.6 or indeed in respect of any return of the products pursuant to your cancellation KORCAMS shall be entitled (in their absolute discretion) to deduct any one or more of the following from the original sums paid by the BUYER:
6.7.1 a sum equivalent to 30% of the original sale price as a restocking fee;
6.7.2 a reasonable sum representative of any damage which is caused to the products before they are returned; and
6.7.3 the cost of the evaluation under condition B 6.5 (if applicable) which, where possible, shall be notified to the BUYER in the RA.
6.8 In the event that the products are to be returned to KORCAMS it is recommended, for the BUYER's protection, that the BUYER uses a traceable and insurable form of mail for shipment.
6.9 Notwithstanding any condition to the contrary KORCAMS will not accept a return of a security camera where the wiring of such product has been cut or tampered with.

7. RISK & TITLE

7.1 Providing payment has been received by KORCAMS in accordance with condition B 2.3 the title to any products ordered shall pass to the BUYER immediately once they have been delivered in accordance with these terms and conditions.
7.2 Risk in any products supplied by KORCAMS shall pass immediately once they have been delivered t the BUYER in accordance with these terms and conditions.

8. TECHNICAL SUPPORT / WARRANTIES / REPAIRS & LIABILITY

8.1 KORCAMS will provide no technical support to the BUYER in respect of the installation and operation of any products they may order.
8.2 The warranty provided by KORCAMS will vary depending on the product ordered. Please refer to the KORCAMS' website or their sales team for details of the warranty which is offered in respect of any product ordered.
8.3 For the avoidance of doubt any warranty provided by KORCAMS shall be invalidated immediately where
8.3.1 the Buyer makes any modification to the products supplied by KORCAMS including, but not limited to, the cutting or tampering with the products wires; or
8.3.2 the Buyer incorrectly installs the products.
8.4 EXCEPT AS SPECIFICALLY SET FORTH ABOVE, ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATION OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO THE PRODUCTS SOLD BY KORCAMS OR ANY COMPONENT THEREOF ARE, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, EXCLUDED FROM THIS AGREEMENT INCLUDING ANY WARRANTY AS TO THE PERFORMANCE, FITNESS FOR PURPOSE OR RESULT OF ANY PRODUCT SUPPLIED BY KORCAMS TO THE BUYER.
THE EXPRESS WARRANTIES ABOVE SHALL BE THE FULL EXTENT OF KORCAMS' LIABILITY AND THE SOLE REMEDY UNDER ANY WARRANTY SHALL BE THE REPAIR, REPLACEMENT, OR CREDIT FOR THE DEFECTIVE PRODUCTS WHICH SHALL BE AT THE DISCRETION OF KORCAMS. THE WARRANTIES GIVEN EXTEND TO THE BUYER AND ARE NON-TRANSFERABLE TO OTHER THIRD PARTIES.

9. LIMITATION ON LIABILITY

In this condition the term "KORCAMS" refers to Korcams Limited its officers employees and other representatives.
9.1 Subject to condition B 9.4:
9.1.1 KORCAMS total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with this agreement shall be limited to the replacement of the products in question or the amounts paid to KORCAMS for products supplied under the specific purchase order.
9.1.2 KORCAMS shall not be liable to you for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused and whether KORCAMS were notified of the possibility of such damage) which arise out of or in connection with the purchase, use or otherwise of the products
9.2 For the avoidance of doubt KORCAMS shall not be liable for any loss, claim or damages whatsoever whether direct, indirect or consequential arising out of any late delivery of the products nor shall they be liable for the cost of procurement of substitute goods by the BUYER.
9.3 The limitation set forth herein shall apply:
9.3.1 to all liabilities that may arise out of third-party claims against the BUYER;
9.3.2 where the damages arise out of or are related to this agreement; and
9.3.3 notwithstanding any failure of essential purpose of any limited remedy.
9.4 For the avoidance of doubt the BUYER must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase the products from KORCAMS. The importation or exportation of the products to the BUYER may be prohibited by certain national laws. KORCAMS makes no representation and accepts no liability in respect of the export or import of the products to the BUYER.
9.5 NOTHING IN THESE TERMS & CONDITIONS EXCLUDES OR LIMITS THE LIABILITY OF KORCAMS FOR DEATH OR PERSONAL INJURY CAUSED BY THEIR PROVEN NEGLIGENCE.

10. INDEMNIFICATION

10.1 The BUYER shall indemnify, defend, and hold KORCAMS and KORCAMS' officers, agents and other representatives harmless from all demands, claims, actions, causes of actions, proceedings, suits, assessments, losses, damages, liabilities, settlements, judgments, fines, penalties, interest, costs and expenses incurred (including fees and disbursements of legal counsel) of every kind based upon personal injury or death or injury to property to the extent any of the foregoing is proximately caused by the misuse of the product or by the negligent or willful acts or omissions of the BUYER its officers, employees, agents or other representatives in using or installing the same.

11. PROPRIETARY INFORMATION.

11.1 KORCAMS retains for itself all proprietary rights, including without limitation all patent, trademark, trade secret, copyright and other intellectual property rights in any product sold.

12. DATA PROTECTION

12.1 KORCAMS will take all reasonable precautions to keep the details of your order and payment secure, but unless KORCAMS is negligent, KORCAMS will not be liable for unauthorised access to information supplied by the BUYER.
12.2 KORCAMS will use the information the BUYER provides for the primary purpose of fulfilling the BUYER's order. Despite this KORCAMS will notify the BUYER of other products from time to time available from KORCAMS and offers that may be of interest to the BUYER from time to time.
12.3 In the event that KORCAMS sells is assets to a third party purchaser the information held by KORCAMS for the purposes identified under condition B 12.2 shall be automatically transferred to that third party purchaser PROVDING ALWAYS that such transfer shall require the asset purchaser to:
12.3.1 use the information solely for the purposes identified in clause B 12.2; and
12.3.2 serve a fair processing notice to you notifying you of the change in person holding your information as soon as is reasonably practicable or failing that at the time they next make contact with the BUYER.
12.4 The BUYER may
12.4.1 stop KORCAMS from sending them KORCAMS product and offer information;
12.4.2 correct information about the themselves; or
12.4.3 wish the information be deleted by notifying KORCAMS of this fact in writing to Korcams Limited, {}

13. GENERAL.

13.1 Waiver. No forbearance or delay by KORCAMS in enforcing its rights shall prejudice or restrict the rights of KORCAMS and a failure of KORCAMS to insist upon strict performance of any terms and conditions herein shall not be deemed a waiver of any subsequent default of terms and conditions thereof.
13.2 Severability. If any of the terms and conditions of this Agreement are held to be invalid under any applicable statute or rule of law, they shall, to that extent, be deemed omitted but the remaining provisions shall continue in full force and effect.
13.3 Third Party Rights. A person who is not a party to this agreement shall not be entitled to enforce any term pursuant to the Contracts (Rights of Third Parties Act) 1999.
13.4 Force Majeure. KORCAMS shall have no liability under or be deemed to be in breach of this agreement for any delays or failures in performance of this agreement which result from circumstances beyond the reasonable control of that party.
13.5 Agency, Partnership. Nothing in this agreement shall be held, implied or deemed to constitute a partnership, joint venture, agency or other relationship between the parties.
13.6 Complete agreement. The terms and conditions set forth herein comprise the entire agreement between KORCAMS and the BUYER and the BUYER acknowledges that they have not entered into this agreement on the basis of any representation that is not expressly incorporated into these terms or the purchase orders provided by KORCAMS from time to time.
13.7 All suppliers and providers of telecom communication services and broadband services provided to Korcams Ltd will be held responsible for any loss of services causing Korcams Ltd loss of business in any way.

14. GOVERNING LAW AND JURISDICTION.

14.1 The sale of any KORCAMS product to the BUYER is considered to take place in England and therefore this agreement and any dispute arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with English law and KORCAMS and the BUYER submit to the exclusive jurisdiction of the English courts and waive all rights to have disputes brought elsewhere.
14.2 For the avoidance of doubt this agreement will not be governed by the conflict of law rules or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
14.3 Please note that all calls may be monitored and recorded for quality and training purposes.