General Terms

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1. Contract. These General Terms together with the Camera Purchase Terms (where applicable) form the Services Agreement ("Agreement"). Each Commercial Terms document once signed by Timescapes and the client stated in the Commercial Terms (“Client”) will form a separate contract (“Contract”) between the parties, which incorporates the terms of this Services Agreement. Timescapes reserves the right to update these terms and conditions periodically. Please see our “last updated” section below. If you wish to be notified of any changes, please contact us at support@timescapes.co. Where appropriate, we will notify you by email or by posting a notice on our website.
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2. Term. This Agreement shall commence on the date of the Contract, and continue in force for the term, specified in the Contract, unless terminated earlier in accordance with its terms.
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3. Information.  The Client agrees to provide the information and/or services set out in the Contract (if any) in a timely manner as reasonably required by Timescapes.
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4. Fees and Payment.
   1. Timescapes will charge the Client for the services set out in the Contract ("Services") in accordance with the Contract. Fees set out in the Commercial Terms are expressed exclusive of GST. All amounts payable by the Client shall be paid without any deductions, deferment or set off, by the 20th of the month following the month of issue of Timescapes’ invoice or on the date(s) otherwise set out in the Commercial Terms. Late payment shall constitute a default, and the Client shall pay default interest on overdue amounts from the date payment falls due to the date of payment at the rate of Timescapes’ overdraft rate plus 5% per month and in addition the costs of any actions taken by Timescapes to recover the debt.  If payment is not received by the due date, Timescapes may temporarily revoke the Client’s access to Timescapes online image viewing platform (“the Image Viewer”) or take any other reasonable actions until Timescapes receives the payment in full (including any default interest and costs mentioned in this clause). The use of the Image Viewer is subject to the terms of use available at https://www.timescapes.co/terms-of-use (“Website and Platform Terms of Use”).
   2. Timescapes reserves the right to revise the fees and rates in the Contract from time to time by giving the Client at least 30 days' written notice prior to any changes taking effect, provided that such changes do not come into effect (a) where the initial Contract term is less than 12 months, prior to the end of that initial Contract term; or (b) where the initial Contract term is 12 months or longer, prior to the first anniversary of the Contract Start Date as defined in the Commercial Terms. Any increases to the fees and rates under this clause shall be limited to once every 12 months and a maximum increase of 5% per change.
   3. In this clause, words and expressions which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended, varied or replaced from time to time) have the same meaning given to them by that Act. Unless otherwise expressly stated in writing in the Contract, all amounts payable by the Client in connection with a Contract do not include an amount for GST.  If GST is payable on any supply made by Timescapes under a Contract, the Client must pay to Timescapes, in addition to and at the same time as the payment for the supply, an amount equal to the amount of GST on the supply.  Where the Client is required by a Contract to reimburse or indemnify Timescapes for any loss, liability, cost, expense, damage or other amount incurred, the amount to be reimbursed or paid will be reduced by the amount of any input tax credit that Timescapes will be entitled to claim for the loss, liability, cost, expense, damage or amount incurred and increased by the amount of any GST payable by Timescapes in respect of the reimbursement or payment.
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5. Additional charges.
   1. Where Services are carried out on a time charge basis, Timescapes may purchase such incidental goods and/or services as are reasonably required for Timescapes to perform the Services. The cost of obtaining such incidental goods and/or services shall be payable by the Client. Timescapes shall maintain records which clearly identify time and expenses incurred.
   2. If any camera or other equipment required to be used to provide the Services (“Leased Camera Equipment”) due to a renewal of the Contract, the Camera Equipment and any associated Services will continue to be charged at the same monthly rate as set out in the Commercial Terms.
6. IP. Except as set out in clause 7 below, all intellectual property including copyright and all other property rights in all documents, data (including any insights from data), advice, information and other materials of any nature (including in electronic form), conceived, discovered, developed, made, perfected, improved, modified or altered by Timescapes in the course of performing the Services, whether:
   1. alone or in conjunction with the other party or any other parties; or
   2. capable of being patented or registered or not,
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      shall be the absolute property of Timescapes, may be exploited or used by Timescapes in any manner in Timescapes’ absolute discretion, and shall not be used by the Client unless otherwise permitted by Timescapes in writing. The parties acknowledge that Timescapes does not accept commissions to create copyright works other than as provided for in clause 7.  This overrides section 21(3) of the Copyright Act 1994 in accordance with section 21(4) of that Act.
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7. Transfer of ownership. Upon the Client making full payment with respect to the Services pursuant to this Agreement, the ownership and the copyright to the final time-lapse videos (“Works”) are automatically transferred to the Client. Timescapes reserves the right to retain ownership of the Works and its copyright until full payment has been made by the Client.  The Client grants Timescapes an irrevocable licence to advertise the Client’s name and/or its logos either directly to a prospective client in person, on Timescapes’ website or other advertising material. Timescapes is entitled to keep a copy of the Works. The Client grants Timescapes an irrevocable perpetual licence to use, adapt, modify or otherwise make available the Works (whether to the Client or other third parties), including for (but not limited to) the purposes of marketing/advertising by Timescapes (with the Client's written permission), Timescapes making the Works available to the Client after the provision of the Services by Timescapes (including securely online), and training, monitoring and ongoing product/service development by Timescapes.
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8. Ongoing Services. Ongoing Services. Upon completion or termination of the Services in accordance with any Contract, the Client’s access to the Image Viewer will cease after a period of 4 weeks from the date of removal of Camera Equipment from the location(s) as set out in the Commercial Terms (“Last Access Date”). Timescapes may agree at the Client’s request to extend the Last Access Date for a predetermined period. A set fee may be charged by Timescapes for access to the Image Viewer depending on the type of access required. Timescapes does not guarantee access or retention of any content related to the Works after the Last Access Date.
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9. Website and Platform Services. Timescapes provides services related to the Image Viewer (including operation of the Platform to facilitate the viewing and downloading of images, the preparation of time-lapse videos) to the Client, who has access to create accounts for its employees, agents, and independent contractors or any other persons or organisations that the Client authorise to use the Image Viewer (“Individual Users”). The Client is fully responsible for all all activities that occur on the Client’s or its Individual User’s account, whether authorised by the Client or not. For the purposes of these terms and the Website & Platform Terms of Use, any act performed, or omission made on the Client or the Individual Users’ account will be deemed to be the Client’s act or omission. The Client will notify us immediately if the Client suspects the security of the Client or its Individual Users’ account has been compromised.
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10. Health and Safety.
    1. Except as required under applicable health and safety legislation, Timescapes has not and will not assume any obligation as the Client’s agent or otherwise which may be imposed upon the Client from time to time pursuant to such legislation arising out of this engagement and Timescapes or its representatives will not be responsible for the control of the workplace(s) at which the Services are provided.
    2. Subject to clause 9.a, all Services carried out by Timescapes will adhere to all applicable health and safety legislation and any site-specific requirements.
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11. Privacy. The Client warrants that it complies with the Privacy Act 1998 (Cth) and it has obtained the necessary consents and authorisations to allow Timescapes to process their employees, subcontractor’s or other third parties’ personal information in the course of providing the Services. The Client will be liable to Timescapes and indemnify Timescapes fully for any breach of this warranty. By entering into the Contract, the Client agrees and shall procure that it’s employees and personnel agree to Timescapes’ Privacy Policy available at  https://www.timescapes.co/privacy-policy.
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12. Leased Camera Equipment.  The Client acknowledges that:
    1. the Leased Camera Equipment shall remain the property of Timescapes at all times;
    2. the Leased Camera Equipment should not be moved, adjusted or tampered with, without Timescapes’ written permission;
    3. the Leased Camera Equipment shall only be operated and used (as relevant) in accordance with Timescapes’ instructions and user manuals;
    4. the Leased Camera Equipment is integrated with the Image Viewer and only operates with Timescapes software;
    5. image capture rate can be set at an interval chosen by the Client (maximum of  5-minute capture interval, provided in adverse weather conditions or overnight capture, the frequency of the image captures may need to be extended) as detailed in the Commercial Terms and that fast capture frequency will increase the likelihood of wear and tear.
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13. Delivery, Installation and Removal. Unless otherwise agreed under the Commercial Terms, the Client shall be responsible for any installation, relocation and removal of the Leased Camera Equipment. The Client shall ensure that the installation, relocation, and removal of the Leased Camera Equipment are conducted in a safe, professional, and proper manner, in compliance with all applicable laws and any directions, and instructions provided by Timescapes. The Client acknowledges and agrees that any damage, malfunction, or operational issues arising from improper installation, relocation, or removal of the Leased Camera Equipment shall be the sole responsibility of the Client. If Leased Camera Equipment is to be installed, relocated or removed by Timescapes, the Client grants to Timescapes, or will procure that Timescapes is granted, an irrevocable right and authority to enter, and for Timescapes to bring vehicles and personnel at any time onto, the place where the Leased Camera Equipment is to be used, installed or is located to deliver and/or remove Equipment as necessary during or on expiry or termination of the Contract.
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14. Mounting location.  The Client shall provide, or procure that there is, a suitable mounting location(s) for the Leased Camera Equipment as approved by Timescapes in writing or in the number and location(s) as set out in the Commercial Terms. Any such mounting location(s) must be, within reasonable limitations, safe, secure and out of reach (>5m).
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15. Camera Security.  The Client must take all reasonable steps to ensure that all Leased Camera Equipment is secure from damage or theft, and permit Timescapes at all reasonable times by its agents, employees and officers to access to the Leased Camera Equipment as per the Commercial Terms to view, inspect and maintain the Camera Equipment (as Timescapes deems necessary).  In the case of damage or theft of the Leased Camera Equipment that occurs at the workplace(s) at which the services are to be provided (irrespective of whether the Client took all reasonable steps to prevent such damage or theft), the Client shall pay for all expenses and costs otherwise payable by Timescapes arising out of, or in connection with, replacement of or claiming for the insurance on the damaged or stolen Leased Camera Equipment including, without limitation, the amount of the insurance excess of $1,000 AUD per camera (if applicable).
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16. Termination.  Except as set out in clause 16.a below, upon the expiry of the initial or renewal Contract term, the Contract will be automatically renewed for a one month term (and renewed monthly thereafter) unless either party gives the other written notice of its intent not to renew at least one month prior to the expiry of the initial term or the then-current term. The Contract will only end upon the receipt of returned Leased Camera Equipment by Timescapes (if any).
    1. A Contract may be terminated immediately by either party (“First Party”) giving notice in writing to the other party (“Other Party”):
       1. upon the Other Party committing any material breach of the Contract which is not capable of being remedied; or
       2. upon the Other Party committing any material breach of the Contract which is capable of being remedied and that breach is not remedied within 10 days’ written notice of the breach having given to the Other Party by the First Party; or
       3. upon the Other Party becoming insolvent; or
       4. upon an administrator, receiver or manager of any asset of the Other Party being appointed, or an order made or resolution passed for the liquidation of the Other Party.
    2. Timescapes may terminate any contract for cause on thirty (30) days’ notice if Timescapes’ determines that the Client is acting, or have acted, in a way that has or may negatively reflect on or affect Timescapes, its prospects, or its other clients.
    3. Suspension or termination of any Contract shall not prejudice or affect the accrued rights or claims and liabilities of the parties.
    4. The Client authorises, and will procure that all relevant third parties (such as site security guards) will permit, Timescapes and its authorised agents to access the Client’s sites, mounting locations or such other locations where Leased Camera Equipment may be located for the Services for the purposes of recovering the Leased Camera Equipment on termination of the relevant Contract.
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17. Liability.
    1. If
       1. the Client is a consumer (“Consumer”) as defined section 3 of Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”); and
       2. Timescapes supplies goods or services which, for the purposes of the Australian Consumer Law, are of a kind ordinarily acquired for personal, domestic or household use or consumption (“PDH Goods or Services”) to the Client under a Contract,
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          Timescapes acknowledges that the Client may have certain rights under the Australian Consumer Law in respect of the guarantees provided under Division 1 of Part 3-2 of the Australian Consumer Law (“Consumer Guarantees”) as they apply to the PDH Goods or Services supplied by Timescape and nothing in the Contract should be interpreted as attempting to exclude, restrict or modify the application of those rights.
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    2. If the Client is a Consumer and any goods or services supplied by Timescapes to the Client are non PDH Goods or Services Timescapes’ liability to the Client in connection with any breach of the Consumer Guarantees in respect of those non PDH Goods or Services is limited (at Timescapes’ discretion) to:
       1. in the case of goods: (A) the replacement of the goods or the supply of equivalent goods; (B) the repair of the goods; (C) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (D) the payment of the cost of having the goods repaired; and
       2. in the case of services: (A) the supplying the services again; or (B) the payment of the cost of having the services supplied again.
    3. If the Client makes a claim against Timescapes which includes a cause of action other than for a breach of a Consumer   Guarantee then, to the extent the claim, or part of the claim, does not relate to a Consumer Guarantee and to the extent permitted by law, Timescapes expressly excludes all liability in respect of the goods or services supplied by Timescapes to the Client.
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18. Client’s Liability.  The Client covenants and agrees with Timescapes that the Client hereby assumes sole and entire responsibility for, and indemnifies and saves harmless Timescapes from, any and all claims, liabilities, losses, expenses, responsibilities and damages by reason of any claim, proceedings, action, liability or injury arising out of or as a result of:
    1. the Client’s use of the Works, any of the material, advice or other results of the Services provided by Timescapes;
    2. the Client's relations with the Client's customers and other third parties; or
    3. any breach of any Contract by the Client.
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19. Disputes.  If during the term of any Contract any dispute or difference arises between the parties, under or in relation to or in connection with the Contract or its subject matter, it shall, at the request of either party by written notice to the other, first be referred for mediation between the parties to an accredited mediator appointed by the Chairman for the time being of the Australian branch of the Resolution Institute.  Each party agrees to diligently and in good faith cooperate and participate in the mediation process making genuine attempts to find a solution acceptable to both parties. The costs of the mediator appointed pursuant to this clause shall be shared equally between the parties or as the mediator sees fit and in making such assessment the mediator shall take into account the merits of the parties’ respective positions and their compliance or otherwise with the spirit of this clause.
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20. Independent Contractor.  Timescapes enters into a Contract as an independent contractor and the parties expressly agree that no partnership, employment, joint venture or other relationship shall be implied into the terms of the Contract.
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21. Force Majeure. Timescapes will not be responsible for failure to carry out any obligation under a contract to the extent that the failure is directly caused by an event beyond Timescapes’ reasonable control that is not Timescapes’ fault (“Force Majeure Event”).
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22. Notice. Every notice shall be in writing and must be delivered by hand, post or email to the addresses set out in the Parties section of the Commercial Terms, or to such other address as the addressee may designate by notice in writing to the other party. Every notice sent by hand is served when delivered, by post is served 3 working days after the posting by prepaid post; and by email when it is transmitted without “bounce-back” or other error message, provided however that any notice given after 5.00 pm, or on a day which is not a working day, shall be deemed to be given at 9.00 am on the next working day.
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23. Variation.  No variation of any Contract shall be valid unless confirmed in writing by both parties.
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24. Assignment.  The Client shall not assign any rights, duties or obligations under any Contract without the prior written consent of Timescapes.
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25. Non Waiver.  No failure to exercise and no delay in exercising any right under any Contract shall operate as a waiver of that right nor shall any single or partial exercise of any right preclude any further or other exercise of that right or any other right.
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26. Further Assurance. The Client agrees that at any time, and from time to time, upon written request of Timescapes, the Client will promptly and duly execute and deliver to Timescapes any and all such further documents as Timescapes may reasonably require for obtaining the full benefit of any Contract.
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27. Entire Agreement.  The provisions of any Contract constitutes the entire agreement between the parties with respect to their subject matter and supersedes all previous understandings, arrangements, agreements and communications, whether verbal or written, between the parties or their advisers.  The parties also acknowledge and agree that they are in trade, that they agree to contract out of section 9, 12A, 13, or 14(1) of the Fair Trading Act 1986, and that it is fair and reasonable that the parties are bound by this provision.
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28. Precedence.  The following decreasing order of precedence will apply in case of conflict between the parts of the Contract:
    1. Commercial Terms;
    2. Camera Purchase Terms (if applicable);
    3. General Terms;
    4. Website & Platform Terms of Use; and
    5. Letter of Intent (if any).
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29. PPSR.
    1. Words and expressions used in this clause 28 which are not defined in the Contract but are defined in the Personal Property Securities Act 2009 (Cth) (“PPSA”) have the meaning given to them in the PPSA.
    2. Counterpart.  Any Contract may be executed in any number of counterparts, including electronic copies, all of which will together constitute one and the same instrument.
    3. The Client acknowledges that, without limiting the acknowledgement in clause 11a:
       1. the agreement for the use and hire of Leased Camera Equipment under a Contract creates a registrable security interest under the PPSA in the Leased Camera Equipment and the proceeds of the Leased Camera Equipment and that it has not agreed to postpone the time for attachment of that security;
       2. the security interest created under a Contract attaches to the Leased Camera Equipment and the proceeds of the Equipment in accordance with the PPSA;
       3. value has been given for the creation of the security interest;
       4. where Timescapes has other enforcement rights in addition to the enforcement rights provided for in the PPSA, those other enforcement rights will continue to apply; and
       5. Timescapes is not obliged to act in any way to dispose of or to retain any Leased Camera Equipment which has been seized by Timescapes or any person nominated by Timescapes under its rights under the PPSA.
    4. Without limiting anything else in a Contract, the Client consents to Timescapes effecting a registration on the Personal Property Securities Register (“PPSR”) in relation to any security interest created by or arising in connection with, or contemplated by, a Contract, including in relation to the Leased Camera Equipment. The Client agrees to promptly do all things necessary to ensure that any security interest created under a Contract is perfected and remains continuously perfected, Timescapes’ priority position is preserved or secured and any defect in any security interest, including registration, is overcome.
    5. The Client must promptly take all reasonable steps which are prudent for its business under or in relation to the PPSA (including doing anything reasonably requested by Timescapes for that purpose in relation to the Leased Camera Equipment).
    6. The Client must indemnify, and on demand reimburse, Timescapes for all expenses incurred in registering a financing statement or financing change statement on the PPSR, and for the enforcement of any rights arising out of any of Timescapes’ security interests.  
    7. The Client must not change its name, address or contact details without providing prior written notice to Timescapes and must not register a financing change statement or a change demand without Timescapes’ prior written consent.  
    8. The Client must not without Timescapes’ prior written consent, sell, lease, dispose of, create a security interest in, mortgage or part with possession of the Leased Camera Equipment or any interest in it (or purport or attempt to purport to do any of those things) or permit any lien over the Leased Camera Equipment.
    9. The Client must notify Timescapes as soon as it becomes aware if any personal property which does not form part of the Leased Camera Equipment becomes an accession to the Leased Camera Equipment or if any of the Leased Camera Equipment is situated outside Australia or, on request by Timescapes, of the present location or situation of the Leased Camera Equipment.
    10. The Client must authorise Timescapes to apply any money Timescapes receives from the Client towards debts, charges and expenses in any priority Timescapes determines in its sole discretion for whatever reason, including in order to maintain the security interest created by a Contract.
    11. The Client must immediately return the Leased Camera Equipment if requested to do so by Timescapes following non payment of any amount owing by the purchaser to Timescapes or following breach of any other obligation to Timescapes.
    12. To the extent that the PPSA permits, the Client waives its rights to receive a copy of any verification statement or financing change statement; to receive any notice required under the PPSA, including notice of a verification statement; to reinstate the security agreement by payment of any amounts owing or by remedy of any default; and under sections 95, 96, 117, 118, 120, 121(4), 123, 125, 126, 127, 128, 129, 130, 132, 134(2), 135, 136(3), (4) and (5), 137, 142 and 143 of the PPSA.
    13. The Client may only disclose information or documents, including information of a kind referred to in section 275(1) of the PPSA, if Timescapes has given prior written consent.
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30. Governing law. Any Contract is governed by the laws in force in New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia and any courts that may hear appeals from those courts about any proceedings in connection with the relevant Contract. Unless otherwise expressly stated, all amounts are payable in Australian dollars.
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31. Counterpart.  Any Contract may be executed in any number of counterparts, including electronic copies, all of which will together constitute one and the same instrument.
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32. Timescapes Product Care.  The Client may opt for Timescapes Product Care for a specified period set out in the Commercial Terms. Where Timescapes Product Care is purchased by the Client, conditional on punctual payment of Timescapes Product Care by the Client (in the manner contemplated under clause 4 of the General Terms (Fees and Payments), Timescapes shall remedy any faults or failure of the relevant Camera Equipment that occur during the selected Timescapes Product Care period by:
    1. replacing the individual lens or camera body that is defective; or  
    2. conducting a full replacement of relevant Camera Equipment,
       
       as soon as reasonably practicable provided that the faults or failure of the relevant Camera Equipment are those that are covered by, or  would have been covered by, the Warranty (Camera Purchase Terms, clause 3).

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Camera Purchase Terms

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Where the Client elects to purchase the Camera Equipment under the Commercial Terms (“Purchase Option”), the following terms apply.
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1. Payment.  The Client shall pay the purchase price specified in the Commercial Terms. Where immediate payment is required, Timescapes is not required to perform any Services pursuant to the Contract until the purchase price has been paid in full.
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2. Delivery and Acceptance.  Camera Equipment purchased under the Commercial Terms shall be deemed to have been delivered and accepted by the Client upon delivery to the delivery location agreed in the Commercial Terms or collection of the Camera Equipment by the Client.
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3. Warranty.  Timescapes warrants that if any defect in the Camera Equipment becomes apparent and is notified in writing to the Timescapes (within twelve (12) months of the earlier of the acceptance date or date of initial installation) then Timescapes will repair the defect, replace the Camera Equipment or refund the purchase price (at Timescapes’ sole discretion) (“Warranty”). However, the Warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
   1. failure on the part of the Client to follow any instructions or guidelines provided by Timescapes in relation to the installation or maintenance of the Camera Equipment (including any instructions from manufacturers of parts); or
   2. any use of the Camera Equipment otherwise than for via Image Viewer or any software or application specified in the Commercial Terms; or
   3. the continued use of the Camera Equipment after any defect becomes apparent or would have become apparent to a reasonable user; or
   4. fair wear and tear, or intentional or negligent damage or tampering of the Camera Equipment by the Client, or a Force Majeure Event.
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4. Undertakings.  The Client undertakes the following:
   1. Business use: The Camera Equipment shall be used for business and commercial purposes which the Services cover and not for any other purpose (including for consumer needs or services), and the parties acknowledge that provisions of the Consumer Guarantees Act 1993 will not apply to the fullest extent permitted by law.
   2. Timescapes’ Image Viewer: The Camera Equipment shall not be used with any software except with the Image Viewer or such other software or applications made available or developed by Timescapes.
   3. Damage: In the case of damage or theft of the Camera Equipment that occurs at the workplace(s) at which the Services are to be provided (irrespective of whether the Client took all reasonable steps to prevent such damage or theft), the Client shall, at the Client’s cost, engage Timescapes to procure and install a replacement camera, to enable Timescapes to continue its services under the Contract, and acknowledges that any delay or interruption to the provision of Services due to such damage or theft does not constitute any breach of the Contract by Timescapes.
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5. Acknowledgements.  The parties acknowledge the following:
   1. No additional charges: Clause 5.b of the General Terms (Additional Charges for Leased Camera Equipment) does not apply.
   2. Insurance: Notwithstanding clause 15 of the General Terms, the Client is solely responsible for insuring the Camera Equipment and Timescapes is not obliged to insure the Camera Equipment.
   3. Ownership and risk: The full ownership of the Camera Equipment (being both legal title and equitable ownership) will pass to the Client upon Timescapes’ receipt of the full purchase price, provided that the risk in the Camera Equipment will pass to the Client upon the earlier of the acceptance of the Camera Equipment and the initial installation of the Camera Equipment as part of the Services.
   4. Access: Clause 16.d of the General Terms (Authority to access Client sites) for Lease Camera Equipment also applies to Camera Equipment with necessary modifications where the Client defaults in paying the purchase price for the Camera Equipment.
   5. Third party warranties: Except as provided for in the Warranty and to the fullest extent permitted by law, Timescapes is not liable for any defect in the Camera Equipment which are supplied and/or manufactured by a third party and the Client will be only be entitled to such rights as Timescapes receives under any warranty given by the supplier and/or manufacturer in respects of cameras and/or components (or any part thereof) and only to the extent that Timescapes is able to reasonably enforce and pass on the benefits of those warranties to the Client.
   6. Delivery, Installation and Removal: Unless otherwise agreed under the Commercial Terms, clause 13 of the General Terms also apply to Camera Equipment
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6. Timescapes Product Care.  In addition to the Purchase Option, the Client may opt for Timescapes Product Care for a specified period set out in the Commercial Terms. Where Timescapes Product Care is purchased by the Client, conditional on punctual payment of Timescapes Product Care by the Client (in the manner contemplated under clause 4 of the General Terms (Fees and Payments)), Timescapes shall remedy any faults or failure of the relevant Camera Equipment that occur during the selected Timescapes Product Care period by:
   1. replacing the individual lens or camera body that is defective; or
   2. conducting a full replacement of relevant Camera Equipment
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      as soon as reasonably practicable provided that the faults or failure of the relevant Camera Equipment are those that are covered by, or would have been covered by, the Warranty (clause 3).
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7. Cancellations.  Except as set out in this clause, the Client is not entitled to return the Camera Equipment or cancel its purchase for any reason. The Camera Equipment will be deemed accepted by the Client unless the Client notifies Timescapes in writing of any genuine, non-vexatious or frivolous defects, errors or discrepancies within seven days following initial installation, provided that Timescapes is given a reasonable opportunity to investigate the claim and confirms such defect, error or discrepancy (acting reasonably). Timescapes at its absolute discretion may allow the Client to return the Camera Equipment.
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8. Limited Liability. Clauses 17 and 18 of the General Terms (Liability and Client’s liability) for Leased Camera Equipment also apply to Camera Equipment with necessary modifications, except in relation to the Warranty.

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These terms were last updated on 30 May 2024.