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DJI Zenmuse Blackmagic Pocket Cinema Camera BMPCCDJI Zenmuse Blackmagic Pocket Cinema Camera BMPCC
£950.00£950.00
Tue, 24 Feb, 12:02Tue, 24 Feb, 12:02
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DJI Zenmuse Blackmagic Pocket Cinema Camera BMPCC
drone-aerial-ops
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£950.00
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£1,500.00
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New
A brand-new, unused, unopened and undamaged item in original retail packaging (where packaging is applicable). If the item comes direct from a manufacturer, it may be delivered in non-retail packaging, such as a plain or unprinted box or plastic bag. See the seller's listing for full details.
Ended: 24 Feb, 2015 12:02:23 GMT
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Postage:
£40.00 Standard Int'l Postage.
Located in: Alnwick, United Kingdom
Delivery:
Estimated between Thu, 14 Aug and Mon, 25 Aug to 94104
Delivery time is estimated using our proprietary method which is based on the buyer's proximity to the item location, the delivery service selected, the seller's delivery history and other factors. Delivery times may vary, especially during peak periods.
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No returns accepted.
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eBay item number:191515815803
Item specifics
- Condition
- New: A brand-new, unused, unopened and undamaged item in original retail packaging (where packaging ... New: A brand-new, unused, unopened and undamaged item in original retail packaging (where packaging is applicable). If the item comes direct from a manufacturer, it may be delivered in non-retail packaging, such as a plain or unprinted box or plastic bag. See the seller's listing for full details. See all condition definitionsopens in a new window or tab
- Brand
- DJI
Item description
Seller business information
VAT number: GB 232199022
I provide invoices with VAT separately displayed.
CRN: 09691535
Terms and conditions of the sale
AGREED TERMS
1 Interpretation
1.1 The definitions and rules of interpretation in this clause apply in this agreement.
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Delivery: completion of delivery of an Order in accordance with clause Error: Reference source not found or clause Error: Reference source not found.
Delivery Date: the date specified for delivery of an Order in accordance with clause Error: Reference source not found.
Delivery Location: the location specified for collection of an Order in accordance with clause Error: Reference source not found.
Deliverables: all Documents, products and materials developed by Horizon AP or its agents, sub-contractors, consultants and employees in relation to the Services in any form, including computer programs, data, reports and specifications (including drafts).
Documents: includes, in addition to any document in writing, any drawing, map, plan, diagram, design, picture or other image, tape, disk or other device or record embodying information relating to the Products in any form.
Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
month: a calendar month.
Order: an order for Products submitted by the Client in accordance with clause Error: Reference source not found.
Order Number: the reference number to be applied to an Order by Horizon AP in accordance with clause Error: Reference source not found.
Product Price: the price of the Products as determined in accordance with Schedule 1.
Products: the products set out in Schedule 1 and, where the context requires, the Products ordered by and supplied to the Client.
Specification: the specification of the Products set out in schedule 2.
VAT: value added tax chargeable under English law for the time being and any similar additional tax.
year: a calendar year.
1.2 Clause, schedule and paragraph headings shall not affect the interpretation of this agreement.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.4 The schedules form part of this agreement and shall have effect as if set out in full in the body of this agreement. Any reference to this agreement includes the schedules.
1.5 Words in the singular shall include the plural and vice versa.
1.6 A reference to writing or written includes faxes but not e-mail.
1.7 Where the words include(s), including or in particular are used in this agreement, they are deemed to have the words without limitation following them. Where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them.
1.8 Any obligation in this agreement on a person not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done.
1.9 References to clauses and schedules are to the clauses and schedules of this agreement.
2 Supply AND USE of the products
2.1 During the Term, Horizon AP shall supply and the Client shall purchase Product(s) in accordance with the terms and conditions of this agreement.
2.2 Unless otherwise agreed between the parties in writing Products are intended for a non-military use only.
2.3 The Client shall be responsible for paying any tax and/or customs and duties and paying for and obtaining all necessary import/export regulation documentation or certificates, including but not limited to (i) the US Export Administration Regulations (EAR); (ii) the US International Traffic in Arms Regulations (ITAR); (iii) international non-proliferation regimes, including (without limitation) the Chemical Weapons Convention, the Australia Group and the Wassenaar Arrangement; (iv) sanctions and embargoes imposed by the US Department of Treasury and/or the UK Government; (v) EC Regulation No. 428/2009; (vi) the UK Export Control Act 2002 and Export Control Order 2008; (vii) US and UK import laws; and (viii) any equivalent laws anywhere in the world (Import/Export Legislation).
2.4 The Client shall ensure that the Products will not be exported, sold, diverted, transferred or otherwise disposed of in violation of the Import/Export Legislation, either in their original form or after being incorporated into other items.
3 Orders
3.1 No Order shall be deemed to be accepted by Horizon AP until it issues an Order Number or (if earlier) Horizon AP notifies the Client that the Order is ready for collection.
3.2 Each Order shall:
3.2.1 be given in writing or, if given orally, shall be confirmed in writing within two Business Days;
3.2.2 specify the type and quantity of Products ordered; and
3.2.3 unless the parties agree that the Client may specify the date after placing the Order, specify the date by which the Order is to be ready for collection (Delivery Date).
3.3 Horizon AP shall assign an Order Number to each Order it accepts and notify such Order Numbers to the Client. Each party shall use the relevant Order Number in all subsequent correspondence relating to the Order.
3.4 The Client may at any time prior to the Delivery Date amend or cancel an Order by written notice to Horizon AP. If the Client amends or cancels an Order, its liability to Horizon AP shall be limited to payment to Horizon AP of all costs reasonably incurred by Horizon AP in fulfilling the Order up until the date of deemed receipt of the amendment or cancellation, except that where the amendment or cancellation results from Horizon AP's failure to comply with its obligations under this agreement the Client shall have no liability to Horizon AP in respect of it.
4 Manufacture, quality and packing
4.1 Horizon AP shall manufacture, pack and supply the Product with reasonable skill and care in accordance with generally accepted industry standards and practices.
4.2 Save for any defects which result from ordinary wear and tear or any handling (e.g. incorrect use, service or storage) of the Product by the Client or third parties contrary to the Specifications or any other written recommendations regarding its use, Horizon AP warrant that the Products supplied to the Client by Horizon AP under this agreement shall, for a period of two months after Delivery:
4.2.1 materially conform to the Specification;
4.2.2 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended) and materially fit for any purpose held out by Horizon AP; and
4.2.3 comply with all applicable statutory and regulatory requirements in the United Kingdom.
4.3 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from this agreement.
4.4 When requested Horizon AP shall ensure that the Products are properly packed and secured in such manner as to enable them to reach their destination in good condition.
4.5 The Client shall have the right to enter Horizon AP's premises to:
4.5.1 inspect the manufacturing facilities and the equipment used by Horizon AP in the manufacture of the Products;
4.5.2 inspect and take samples of the Products; and
4.5.3 inspect stock levels of the Products.
4.6 Inspections carried out pursuant to clause Error: Reference source not found shall be carried out during business hours on reasonable notice to Horizon AP, provided that in the event of emergency, Horizon AP shall grant the Client immediate access to its premises.
4.7 If following an inspection the Client reasonably considers that the Products are not or are not likely to be as warranted under clause Error: Reference source not found, the Client shall inform Horizon AP and Horizon AP shall take such action as is necessary to ensure that the Products are or will be as warranted under clause Error: Reference source not found. The Client shall have the right to re-conduct inspections and take further samples after Horizon AP has carried out its remedial actions.
5 Delivery
5.1 The Client shall collect each Order from Horizon AP's premises at East Lilburn Farm, Alnwick, Northumberland NE66 4ED (Delivery Location) on the Delivery Date or within three Business Days of Horizon AP notifying the Client in writing that the Order is ready for collection.
5.2 Delivery of an Order shall be completed on the completion of loading of the Order at the Delivery Location.
5.3 Delays in the delivery of an Order shall not entitle the Client to:
5.3.1 refuse to take delivery of the Order; or
5.3.2 claim damages; or
5.3.3 terminate this agreement.
5.4 Horizon AP shall have no liability for any failure or delay in delivering an Order to the extent that such failure or delay is caused by the Client's failure to comply with its obligations under this agreement.
5.5 If the Client fails to take delivery of an Order within three Business Days of Horizon AP notifying the Client that the Order is ready for collection, then, except where such failure or delay is caused by Horizon AP's failure to comply with its obligations under this agreement:
5.5.1 delivery of the Order shall be deemed to have been completed at 9.00am on the third Business Day following the day on which Horizon AP notified the Client that the Order was ready for collection; and
5.5.2 Horizon AP shall store the Order until delivery takes place, and charge the Client for all related costs and expenses (including insurance).
5.6 Each Order shall be accompanied by a delivery note from Horizon AP showing the Order Number, the date of the Order, the type and quantity of Products included in the Order and, in the case of an Order being delivered by instalments, the outstanding balance of Products remaining to be delivered.
5.7 Packaging materials shall remain Horizon AP's property and the Client shall make them available for collection at such times as Horizon AP shall reasonably request. Returns of packaging materials shall be at Horizon AP's expense.
6 Acceptance and defective products
6.1 The Client may reject any Products delivered to it that do not materially comply with clause Error: Reference source not found, provided that notice of rejection is given to Horizon AP:
6.1.1 in the case of a defect that is apparent on normal visual inspection, within five Business Days of Delivery; and
6.1.2 in the case of a latent defect, within a reasonable time of the latent defect having become apparent but no later than 10 Business Days.
6.2 If the Client fails to give notice of rejection in accordance with clause Error: Reference source not found, it shall be deemed to have accepted such Products.
6.3 If the Client rejects Products under clause Error: Reference source not found then the Client shall be entitled to:
6.3.1 require Horizon AP to repair or replace the rejected Products; or
6.3.2 require Horizon AP to repay the price of the rejected Products in full.
6.4 Once Horizon AP has complied with the Client's request, it shall have no further liability to the Client in respect of the rejected Products' failure to comply with clause Error: Reference source not found.
6.5 The terms of this agreement shall apply to any repaired or replacement Products supplied by Horizon AP.
6.6 If the parties dispute whether any Products comply with clause Error: Reference source not found, either party may refer the matter to an Independent Expert for determination in accordance with clause Error: Reference source not found.
7 Title and risk
7.1 Risk in Products shall pass to the Client on Delivery.
7.2 Title to Products shall not pass to the Client until Horizon AP has received payment in full (in cash or cleared funds) for:
7.2.1 such Products; and
7.2.2 all other sums which are or which become due to Horizon AP from the Client for sales of Products or on any account.
7.3 Until title to Products has passed to the Client, the Client shall:
7.3.1 hold such Products on a fiduciary basis as Horizon AP's bailee;
7.3.2 store such Products separately from all other goods held by the Client so that they remain readily identifiable as Horizon AP's property;
7.3.3 not remove, deface or obscure any identifying mark or packaging on or relating to such Products; and
7.3.4 maintain such Products in satisfactory condition and keep them insured on Horizon AP's behalf for their full price against all risks with an insurer that is reasonably acceptable to Horizon AP. The Client shall obtain an endorsement of Horizon AP's interest in the Products on its insurance policy, subject to the insurer being willing to make the endorsement. On request the Client shall allow Horizon AP to inspect such Products and the insurance policy, but the Client may resell or use Products in the ordinary course of its business.
7.4 If before title to Products passes to the Client the Client becomes subject to any of the insolvency events in clause 15 then, provided that such Products have not been resold and without limiting any other right or remedy Horizon AP may have, Horizon AP may at any time require the Client to deliver up such Products and, if the Client fails to do so promptly, enter any premises of the Client or of any third party where the relevant Products are stored in order to recover them.
8 Product prices
8.1 The Product Prices are exclusive of amounts in respect of VAT. The Client shall, on receipt of a valid VAT invoice from Horizon AP, pay to Horizon AP such additional amounts in respect of VAT as are chargeable on a supply of Products.
8.2 The Product Prices are exclusive of the costs of packaging, insurance and carriage of the Products, which shall be paid by the Client.
8.3 Horizon AP may review and increase the Product Prices from time to time. Horizon AP shall give the Client written notice of any such increase as soon as practicable before the proposed date of that increase.
8.4 All disputes concerning the Product Prices shall be resolved in accordance with clause 17.17(except for any dispute referred to an Independent Expert for determination in accordance with clause Error: Reference source not found).
9 Terms of payment
9.1 The Client shall pay 50% of the Product Price upon placing an Order (Deposit). Commencement of manufacture of the Product is dependent on the cleared receipt of the Deposit by Horizon AP. The Client shall pay the remaining amount in full and in cleared funds 14 days of receipt of an invoice. Payment shall be made to the bank account nominated in writing by Horizon AP.
9.2 If a party fails to make any payment due to the other under this agreement by the due date for payment (due date), then, without limiting the other party's remedies under this agreement, the defaulting party shall pay interest under the Late Payment of Commercial Debts (Interest) Act 1998 and the Client shall pay the interest immediately on demand. The defaulting party shall pay the interest together with the overdue amount. This clause shall not apply to payments that the defaulting party disputes in good faith.
9.3 If the Client disputes any invoice or other statement of monies due, the Client shall immediately notify Horizon AP in writing. The parties shall negotiate in good faith to attempt to resolve the dispute promptly. Horizon AP shall provide all such evidence as may be reasonably necessary to verify the disputed invoice or request for payment. If the parties have not resolved the dispute within 30 days of the Client giving notice to Horizon AP, the dispute shall be resolved in accordance with clause 17.17 (except for any dispute referred to an Independent Expert for determination in accordance with clause Error: Reference source not found). Where only part of an invoice is disputed, the undisputed amount shall be paid on the due date as set out in clause Error: Reference source not found.
9.4 Each party may, without limiting any other rights or remedies it may have, set off any amounts owed to it by the other party against any amounts payable by it to the other party.
9.5 All payments payable to Horizon AP or the Client under this agreement shall become due immediately on its termination. This clause Error: Reference source not found is without prejudice to any right to claim for interest under the law or under this agreement.
10 Expert determination
10.1 Where under this agreement a matter may be referred to an Independent Expert for determination, the Independent Expert shall be:
10.1.1 in the case of a dispute relating to the Specification, manufacture, quality or condition of the Products, a suitably qualified person appointed by EURO USC; and
10.1.2 in the case of a dispute relating to discount statements, reconciliation statements, Product Prices, Product Price reviews, or Product Price adjustments, an independent firm of chartered accountants agreed on by the parties, or, if agreement is not reached within five Business Days of either party giving notice to the other that it wishes to refer a matter to an Independent Expert, such independent firm of chartered accountants as may be nominated by the President for the time being of the Institute of Chartered Accountants in England and Wales on the request of either party.
10.2 The parties are entitled to make submissions to the Independent Expert including oral submissions and will provide (or procure that others provide) the Independent Expert with all such assistance and documents as the Independent Expert may reasonably require for the purpose of reaching a decision. Each party shall with reasonable promptness supply each other with all information and give each other access to all documentation and personnel as the other party reasonably requires to make a submission under this clause.
10.3 The parties agree that the Independent Expert may in its reasonable discretion determine such other procedures to assist with the conduct of the determination as it considers appropriate, including (to the extent it considers necessary) instructing professional advisers to assist it in reaching its determination.
10.4 The Independent Expert shall act as an expert and not as an arbitrator. The Independent Expert’s decision shall be final and binding on the parties in the absence of fraud or manifest error.
10.5 The Independent Expert's fees and any costs properly incurred by him in arriving at his determination (including any fees and costs of any advisers appointed by the Independent Expert) shall be borne by the parties in equal shares or in such proportions as the Independent Expert shall direct.
11 Insurance
11.1 During this agreement Horizon AP shall maintain in force public liability insurance with a limit of at least £5 million per claim.
11.2 Horizon AP shall ensure that any sub-contractors also maintain adequate insurance having regard to their obligations under this agreement.
11.3 Horizon AP shall notify the Client if any policy is (or will be) cancelled or its terms are (or will be) subject to any material change.
11.4 Horizon AP's liabilities under this agreement shall not be deemed to be released or limited by Horizon AP taking out the insurance policy referred to in clause Error: Reference source not found.
12 CONFIDENTIALITY and ip
12.1 Each party undertakes that it shall not at any time during this agreement and for a period of two years after termination disclose to any person any confidential information disclosed to it by the other party concerning the business or affairs of the other party, including but not limited to information relating to a party's operations, processes, plans, product information, know-how, designs, trade secrets, software, market opportunities and customers (Confidential Information), except as permitted by clause 12.2.
12.2 Each party may disclose the other party’s Confidential Information:
12.2.1 to its employees, officers, agents, consultants or sub-contractors (Representatives) who need to know such information for the purposes of carrying out the party’s obligations under this agreement, provided that the disclosing party takes all reasonable steps to ensure that its Representatives comply with the confidentiality obligations contained in this clause 12 as though they were a party to this agreement. The disclosing party shall be responsible for its Representatives’ compliance with the confidentiality obligations set out in this clause; and
12.2.2 as may be required by law, court order or any governmental or regulatory authority.
12.3 Each party reserves all rights in its Confidential Information. No rights or obligations in respect of a party’s Confidential Information other than those expressly stated in this agreement are granted to the other party or to be implied from this agreement. In particular, save as set out in clause 12.4 below, no licence is hereby granted directly or indirectly under any patent, invention, discovery, copyright or other intellectual property right held, made, obtained or licensable by either party now or in the future.
12.4 All Documents are the intellectual property of Horizon AP and are protected by copyright. Words indicating such proprietary rights may not be altered, covered or eliminated by the Client. Horizon AP grants to the Client a non-exclusive limited licence to use the Documents for the purpose of operating the Product. Documents shall not be made available to any third party without Horizon AP’s prior written consent.
13 Limitation of liability
13.1 This clause sets out the entire financial liability of the parties (including any liability for the acts or omissions of their respective employees, agents and sub-contractors) to each other in respect of:
13.1.1 any breach of this agreement however arising;
13.1.2 any use made or resale of the Products by the Client, or of any product incorporating any of the Products; and
13.1.3 any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
13.2 Nothing in this agreement shall limit or exclude the liability of either party for:
13.2.1 death or personal injury resulting from negligence; or 13.2.2 fraud or fraudulent misrepresentation; or
13.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979.
13.3 Without prejudice to clause Error: Reference source not found, neither party shall under any circumstances whatever be liable to the other, whether in agreement, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:
13.3.1 loss of profit; or
13.3.2 loss of goodwill; or
13.3.3 loss of business; or
13.3.4 loss of business opportunity; or
13.3.5 loss of anticipated saving; or
13.3.6 loss or corruption of data or information; or
13.3.7 special, indirect or consequential damage; or
13.3.8 any damage caused by the use of the Product for any purpose other than the purpose originally intended for the Product.
13.4 Without prejudice to clause Error: Reference source not found, Horizon AP's total liability arising under or in connection with this agreement, whether arising in agreement, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the sums paid or payable under this agreement.
14 Force majeure
14.1 Neither party (or any person acting on its behalf) shall have any liability or responsibility for failure to fulfil any obligation under this agreement so long as and to the extent to which the fulfilment of such obligation is prevented, frustrated, hindered or delayed as a consequence of a Force Majeure Event.
14.2 A party claiming the benefit of this provision shall, as soon as reasonably practicable after the occurrence of a Force Majeure Event:
14.2.1 notify the other party of the nature and extent of such Force Majeure Event; and
14.2.2 use all reasonable endeavours to remove any such causes and resume performance under this agreement as soon as feasible.
14.3 For the purposes of this clause Error: Reference source not found, a Force Majeure Event means an event beyond the control of a party (or any person acting on its behalf), which by its nature could not have been foreseen by such party (or such person), or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war (declared or undeclared) or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources.
15 Termination
15.1 Subject to clause Error: Reference source not found, this agreement shall terminate automatically on completion of the Services.
15.2 Without prejudice to any other rights or remedies which the parties may have, either party may terminate this agreement without liability to the other on giving the other not less than 3 months' written notice or immediately on giving notice to the other if:
15.2.1 the other party fails to pay any amount due under this agreement on the due date for payment and remains in default not less than 28 days after being notified in writing to make such payment; or
15.2.2 the other party commits a material breach of any of the material terms of this agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or
15.2.3 the other party repeatedly breaches any of the terms of this agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this agreement; or
15.2.4 the other party suspends, or threatens to suspend, payment of its debts, is unable to pay its debts as they fall due, admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being a natural person) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply; or
15.2.5 the other party commences negotiations with all, or any class of, its creditors with a view to rescheduling any of its debts, or makes a proposal for, or enters into any compromise or arrangement with, its creditors; or
15.2.6 a petition is filed, a notice is given, a resolution is passed, or an order is made, for or on connection with the winding up of that other party; or
15.2.7 an application is made to court, or an order is made, for the appointment of an administrator, a notice of intention to appoint an administrator is given, or an administrator is appointed over the other party; or
15.2.8 a floating charge holder over the assets of that other party has become entitled to appoint, or has appointed, an administrative receiver; or
15.2.9 a person becomes entitled to appoint a receiver over the assets of the other party, or a receiver is appointed over the assets of the other party; or
15.2.10 a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days; or
15.2.11 any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause Error: Reference source not found to clause Error: Reference source not found (inclusive); or
15.2.12 the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business; or
15.2.13 there is a change of control of the other party.
15.3 On termination of this agreement for any reason:
15.3.1 the Client shall immediately pay to Horizon AP all of Horizon AP's outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, Horizon AP may submit an invoice, which shall be payable immediately on receipt;
15.3.2 the Client shall, return all of Horizon AP's equipment and materials. If the Client fails to do so, then Horizon AP may enter the Client's premises and take possession of them. Until they have been returned or repossessed, the Client shall be solely responsible for their safe keeping; 15.3.3 the accrued rights, remedies, obligations and liabilities of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination; and
15.3.4 clauses which expressly or by implication have effect after termination shall continue in full force and effect, including the following clauses: clause 12 (Confidentiality and Horizon AP's property), clause 13 (Limitation of liability), clause Error: Reference source not found, clause 16.13 (Notices), clause 16.17 (Dispute resolution), clause Error: Reference source not found (Governing law and jurisdiction).
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Joined Mar 2006
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