Exchange and Refund Policy

1.1 Subject to the provisions of sections 42 and 44 of ECTA the returns policy of the
Company is as follows:
1.2.Products sold may only be returned within 7 (seven) days of delivery date, upon
presentation of a receipt and on condition that they are returned in their original
condition undamaged;
1.3.Notwithstanding what is contained in clause 10.1.1, the Customer may not return
Products that have been discounted, are on sale or that the Company has been
expressly or implicitly required or expected to procure, create or alter specifically to
satisfy the Customer’s requirements;
1.4.The Customer shall return the Product at its own expense and be liable for all
courier or similar fees involved. These fees will be deducted from the purchase
price of the Product if a refund is required;
1.5.In the instance of an exchange of Product, the Customer will be liable for the
courier fees in returning the Product and resending the replacement Product to the
1.6. Refunds, where applicable, on credit cards will reflect on the credit card used to
purchase the Product. Bank transfer refund, where the Product was purchased
with a debit card or via an electronic funds transfer will be processed within a
reasonable period after all the necessary banking details of the Customer have
been verified.

The Company is under no obligation to effect installation of the Products at the
premises of the Customer. However, if the Company agrees in writing, to effect
installation of the Products, the following terms and conditions shall apply, unless
otherwise agreed in writing:
2.1. the Company may use any contractor or sub-contractor of its choice to
effect installation;
2.2. any payment made in respect of the installation, which may be requested by
the Company will, in addition to any other rights which the Company may have in
law, be forfeited by the Customer as liquidated damages in the event of a
breach by the Customer of any of the terms of the contract;
2.3. to the extent applicable, the Company shall not commence installation
unless the area to which the Products will be attached has been prepared
according to the specifications of the Company. The Company shall not be
responsible for any delays or additional costs arising out of the failure of the
Customer to procure that the relevant area complies with the specifications of
the Company;
2.4. the Company will use its best endeavors to ensure that installation is completed
as soon as is reasonably possible after the date on which installation
commences, but time for the completion of installation shall only be of the
essence if a completion date is agreed in writing with the Company.
Notwithstanding this, no responsibility will be accepted by the Company for

delays due to forces beyond its reasonable control; and
2.5. the Customer indemnifies and holds harmless the Company against any and
all liability which may arise in the event of death or injury to, or pecuniary loss
suffered by, any contractor, sub-contractor or employee of the Company in the
course and scope of his/her employment in connection with the installation, as a
result of the negligence or wilful misconduct of the Customer, its officers,
employees or agents.

The passing of risk, ownership of and title to the Products shall remain vested in
the Company until the purchase price, and any other amounts owing to the
Company in respect of the Products or the installation thereof (if applicable),
have been paid in full and without set- off, on which date ownership of the
Products will be deemed to be transferred to the Customer.

4.1. The Company gives only the following warranties in respect of the
4.1.1. it has title to the Products and has the unencumbered right to sell and install the
Products; and
4.1.2. if the Products are new, then they carry the manufacturer’s warranty against
defects and the Company will assist the Customer with the implementation of the
warranty only if the Customer notifies the Company in writing of any defects in
respect of the Products within 12 (twelve) months from the date of delivery and
such Products are determined by the manufacturer on a good faith inspection
thereof, to be defective in respect of materials and/or workmanship. The
Company will not be liable to compensate the Customer for any damages
sustained by the Customer whilst the Products are being repaired, nor shall it be
liable for any other damages, including consequential damages, relating to the
replacement or repair of the Products.
4.1.3. Only in the event of the Consumer being a consumer for the purposes of the
CPA, then: (a) in addition and concurrent to the warranty given in 13.1.2
above, the Products are supplied to the Consumer with a six month warranty of
quality against defects (within the meaning of the CPA), and (b) unless the
Customer has specifically informed the Company of the intended use of the
Product, the Company does not warrant that the Products purchased by the
Customer will be fit for the purpose that the Customer intends using the
Products for.
4.2. Notwithstanding the provisions of clause 13.1 above:
4.2.1. if any defect in the Products, or the components of the Products, relates to
alterations contrary to the Product and/or Company instructions or after
leaving the control of the Company, the Company will not be liable for those
defects, including in respect of any possible liability in terms of the implied
warranty of quality contained in the CPA;
4.2.2. any warranty provided by the Company will cease to apply if any material
information provided by the Customer, specifically insofar as the intended use
of the Product is concerned, is incomplete or incorrect or if there is any
material change in operating conditions or any misuse, abuse or material
neglect of the Products by the Customer.
4.2.3. If the Products are second hand then they do not carry any warranty unless the
manufacturer’s warranty is still in place.
4.2.4. Other than the warranties stated herein, the Customer acknowledges that
the Company has made no representations or warranties to the Customer
in connection with the agreement prior to the agreement being made.

5.1. In addition to any other specific exclusions of liability contained herein
and unless otherwise expressly stated herein, the parties agree that the
Customer shall have no claim against the Company for any loss or
damage, of any nature, including but not limited to damage to camera
components in underwater housings, corruption of data or software
programs, any costs of recovering, programming, or reproducing any
program or data stored or used and any failure to maintain the
confidentiality of data stored on the Products sold, occasioned by any
defect in any Products supplied, or any failure to provide adequate
instructions in respect of any hazards that might arise from the use or
incorrect use of the Products, or the Customers use or inability to use
any Product sold on the Website, save to the extent that the Customer
is a Consumer for the purposes of the CPA and such loss or
damage is contemplated in section 61 of the CPA, and provided that
nothing in these terms and conditions must be construed as in any way
limiting the rights of the Company to raise such defences as may be
available to it at common law or in terms of any statute.
5.2. Notwithstanding the provisions set out in clauses 13.2.1and 14.1 above, in
the event that the Company provides advice regarding the application of
the Products at the request of the Customer, the liability of the Company in
respect of the non-suitability of the Products for the purpose for which they
are used will be limited to the selling price of those Products.
5.3. Furthermore, in the event of the breach of these standard terms and
conditions of sale by the Company, the Customer’s remedies shall be limited
to damages which shall under no circumstances exceed the purchase price
of the Product.
5.4. The Customer hereby indemnifies and holds the Company harmless against
any losses, expenses, costs or damages of whatsoever nature incurred by
the Customer arising from any wilful misconduct or gross negligence of the
5.5. In order to limit any possible damage, the Customer is advised to make
periodic backup copies of software, data and any information installed by
the Customer to protect the contents and as a precaution against possible
operational failures.
5.6. Save for the provisions of section 43(5) and 43(6) of ETCA, neither the
Company, nor its duly authorised agents or representatives shall be liable
for damages, loss or liability of any nature whatsoever and howsoever
arising through the use or inability to use this Website, the services or
content provided herein. The Company furthermore makes no
representation or warranties whatsoever that the content and/or the
technology available on this Website are free of errors, omissions or free of
5.7. Any and all information on this Website should not be regarded as
professional advice or the official opinion of the Company, and it is the
Customer’s responsibility to ensure the correctness of any of the content
displayed on the Website.

6.1. Should the Customer fail to make payment upon due date of any amount due
and owing, or commit any other breach of the terms of a contract, the Company
shall be entitled, at its option without notice and without prejudice to any other
right which it may have, including the right to claim damages arising out of the
breach or the termination of the contract, to cancel such contract forthwith, and/
or to declare all amounts owing by the Customer to be immediately due and
payable; and/or to suspend the carrying out of any of its then uncompleted
obligations until payment is made.
6.2. No relaxation which the Company may have permitted on any occasion in
regard to the carrying out of the Customer’s obligations shall prejudice or be
regarded as a waiver of the Company’s rights to enforce those obligations on
any subsequent occasion.

The Company takes responsibility for all aspects relating to the transaction,
including sale of the Products on the Website, customer service and support,
dispute resolution and delivery of the Products, the details of which are more fully
described in these standard terms and conditions of sale.

No right or license is hereby granted to any user of this Website, whether juristic or
otherwise, to any trademark, mark, branding, design or any other intellectual
property of the Company whatsoever.