TERMS & CONDITIONS
BLUEYE'S TERMS & CONDITIONS
These terms and conditions of sale (“Terms”) govern the purchase of any products (“Products”) from Blueye Robotics AS, organization number 915666450 MVA, or any our subsidiaries or affiliates (“Blueye” or “we”).
These Terms constitutes a legal and binding agreement with the person or legal entity that is registered as the Customer (“You”) and has accepted the Terms through the ordering process of the Product, subject to confirmation by Blueye as mentioned in clause 2 below.
The Terms will also apply for any third party to whom you give access or right of use of the Product, and You are and remain responsible for providing information about these terms to any such user of the Products and give them access to all relevant information about the use of the Products. This includes, but is not limited to, information about the Disclaimed Activities (defined below) and the limitation of liability included herein.
Customers that want to purchase Products may do so by clicking on the “pre-order now”, “order now” (or similar) button on the Blueye website and follow the instructions. Once an order is placed Blueye will confirm it by sending an order confirmation (“Order Confirmation”) to Customer’s email address. Blueye is not bound to sell any Product until an Order Confirmation has issued and payment has been processed. The Product is paid in advance. The Order Confirmation will contain information regarding the ordered quantity, price, cost of shipment etc.
Our acceptance of your order is expressly conditioned upon your unconditional acceptance of these Terms. We do not accept any changes to or rejections of the Terms that you communicate to us in any form unless explicitly accepted in writing.
Blueye is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product. The data is processed only to allow Blueye to fulfill its obligations pursuant to these Terms and will not be disclosed to third parties unless such disclosure is necessary in order fulfil the agreement with the Customer or if required by law. Any and all personal data will be processed in accordance with applicable data privacy rules and regulation, including the General Data Protection Regulation (“GDPR”), (EU) 2016/679.
Shipment and delivery
Customer will be charged all freight, packing, insurance and shipping-related costs that are noted or referenced on Customer’s screen before a purchase is made and reflected in the Order Confirmation. Please note that local taxes may apply and could be invoiced separately by authorities and/or shipping agent. Product risk is assumed by the Customer as soon as the item is taken over by the Customer or his/ her representative.
Blueye may provide a single or multiple shipping methods and carriers for Product delivery at its discretion.
Customer understands that all estimated and scheduled shipment dates are estimates only. Blueye will make reasonable efforts to meet the scheduled shipment dates, but in no event will we be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery, nor will the carrier be deemed our agent. If Customer purchases multiple Products, we may fulfill the order in installments and charge Customer separately for each installment. We have the right to allocate our available inventory of the Products among other purchasers in such manner as we see fit. If we’re not able to charge your chosen payment method or you otherwise fail to pay for your purchase, we have the right to delay or suspend shipment of Products or to terminate the order.
Product price and tax
The prices for the Products will be as specified during the online order process and the order confirmation you will receive. Prices are in NOK / US dollars with separate subtotal for applicable sales taxes that you agree to pay by ordering the Product. Customer is responsible also for any other taxes applicable to the purchase, even if such taxes are not quoted in the Order Confirmation, including import taxes and fees in the country where Customer asks Blueye to ship the Products.
Assumption of risks - indemnification
You agree to comply with all applicable local, state and national laws in connection with your use of the Product, including regulations and advisories. You understand and agree that the Product is not made or intended for use in any application or hazardous environment that requires fail-safe performance, where the failure or inaccuracy of the Product or its use might result in or cause death, personal injury, collision, or significant environmental damages (“High-Risk Activities”) or other damage to person or property. The Products are not toys and improper operation may cause serious injury and property damage. You agree to use precautions when using your Product.
Blueye accepts no risk, obligation or liability whatsoever to you or any third party for any of any loss or damage as described above related to any act or omission, by you or a third party with access to your Product, which includes, but is not limited to the following activities hereunder collectively referred to as the “Disclaimed Activities”):
- use of the Product contrary to Blueye’s published information, specifications and instructions, including, but not limited to, storage requirements and environmental conditions or ranges for temperature or humidity, leaving the Product in direct sunlight for long periods, use of the Product for High-Risk Activities, use of the Product in combination with any third-party device not provided or recommended by Blueye, and affixing anything not authorized by Blueye to the Product;
- repairs, modifications, adjustments to the Product made by a party not authorized by Blueye;
- damage from any external cause, including, but not limited to, sand, dirt, improper usage of any electrical source, battery leakage, or local power surges;
- any damage to property or persons caused by your Product that is not caused by material defect for which Blueye is held responsible, including your failure to properly operate or understand the functionalities of the Product;
- improper use such as maneuvering the Product to into a dangerous environment, using the Product in inclement weather, failure to maintain control of the Product when using it, attempting to charge the Product with chargers not provided by Blueye;
- failure to purchase any insurance required by law to operate the Product in your area;
- failure to determine the suitability of the Product for your intended use;
- failing to make sure that any other person who uses the Product also complies with these terms and any other guidance we provide you, whether this guidance is included in writing with the Product or made available on our website;
- any continued use of the Product after you detect any material defect, including erratic responses to user input;
- failure to adhere to regulations and advisories, as well as any other relevant laws and applicable rules; and
- any other use of the Product that must reasonably be considered improper.
You undertake to hold Blueye harmless against any liability, damage, loss or expense incurred by or imposed upon us in connection with any claims that arise through, or is related to, breach of the obligations that you have undertaken in these terms.
Product warranty and return
You agree to read and abide by any written instructions shipped with your Product and all safety precautions contained therein. If you do not understand any part of any of these instructions or the functionality of Product, you may view the FAQ on our webpages or contact us at email@example.com.
Limited One-Year Warranty
Our Products are warrantied against manufacturing defects for a period of one year from the original date of delivery of the Product to you. Our sole obligation in the event of such defects during this period is to repair or replace the defective part or Product with a comparable part or Product; how we replace or repair the Product is at our sole discretion. Replaced or repaired Products will be warrantied for the remaining of the original warranty period or 30 (thirty) days from the date of delivery of the replaced or repaired Product to you, whichever is longer.
Please note that this warranty ONLY applies to Products purchased through our website or our authorized distributors and the warranty could be void for products purchased from other vendors or outlets.
This Limited Warranty does not apply to: (i) cosmetic damage, such as scratches, nicks and dents; (ii) consumable parts, such as batteries, controller(s), tether and thruster parts, unless product damage has occurred due to a defect in materials or workmanship; (iii) damage caused by accident, abuse, misuse, flood, fire, or other acts of nature or external causes; (iv) damage caused by service performed by anyone who is not an authorized service provider of Blueye; (v) damage to a product that has been modified or altered without the written permission of Blueye, (vi) damage to a product that has been connected to power and/or data cables that are not supplied by Blueye. In addition, Blueye reserves the right to refuse warranty claims against products or services that are obtained and/or used in contravention of the laws of any country.
Blueye retains the exclusive right to repair or replace (with a new or newly-overhauled replacement product) the Product or offer a full refund of the purchase price at its sole discretion. SUCH REMEDY SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY.
To obtain warranty service, contact Blueye Support at firstname.lastname@example.org for further instructions. Securely pack the device and a copy of the original sales receipt, which is required as the proof of purchase for warranty repairs. Write the tracking number clearly on the outside of the package. Send the device, freight charges prepaid, to Blueye as per given instructions.
Blueye is not responsible for any memory card, content or information stored in any Product you return to us, whether under warranty or not.
Disclaimer - Limitations of Liability
SUBJECT TO OUR WARRANTY PROGRAM, THE PRODUCT IS PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE PRODUCT IS AT YOUR OWN RISK, AND IN NO EVENT WILL BLUEYE BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, USE, PROFITS, DATA, OR GOODWILL) OR COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR THE PURCHASE, SALE, USE, OPERATION OR PERFORMANCE OF THE PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT BLUEYE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AND BLUEYE HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL BLUEYE’S LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO BLUEYE BY YOU FOR THE PRODUCT THAT GIVES RISE TO THE CLAIM.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to defend, indemnify, and hold Blueye, its subsidiaries and affiliates, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to your violation of these Terms and your participation in Disclaimed Activities, or for liabilities, interest, penalties or fees assessed against us arising from any failure by you to pay any required taxes.
Any software installed in the Products (the “Software”) is licensed and not sold to Blueye’s customers. You may only use this software for its normal, intended use with the Products and in line with these Terms. When we say “sell” and “purchase” in these Terms, we mean “sell” and “purchase” only with respect to the non-software elements of the Product. These Terms apply whether or not they are included with the Products sold hereunder.
Subject to your compliance with these Terms, Blueye grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Software as part of your use of the Product for your own personal, non-commercial purposes and for no other purposes. You may not (i) copy, modify or create derivative works based on the Software; (ii) distribute, transfer, sublicense, lease, lend or rent the Software to any third party; (iii) reverse engineer, decompile or disassemble the Software; or (iv) make the functionality of the Software available to multiple users through any means. Blueye reserves all rights in and to the Software not expressly granted to you under these Terms. All Software is international copyright law and treaties.
Complaints and dispute resolution
If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product, Blueye’s Customer Service may be contacted by use of an electronic form on our webpage.
If a Customer wishes to obtain an additional copy of the Terms that the customer has accepted, Blueye will submit this to the Customer upon request.
These Terms and the purchase of the Product shall be governed by and construed in accordance with the laws of Norway. We will make all reasonable efforts to solve any dispute or disagreement amicably, but if we for some reason is unsuccessful in our efforts, any and all disputes shall be referred to and finally resolved by the courts of Norway. The legal venue shall be Trondheim City Court (“Sør-Trøndelag tingrett”).
These Terms constitute the entire and exclusive understanding and agreement between you and Blueye regarding the purchase of a Product, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us regarding such a purchase.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Blueye’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Blueye. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
These Terms were last updated September 9, 2018