Consumer Terms of Sale

1. Application

Unless otherwise specified, these Terms apply to the supply by Robox in Australia of Products (including hardware, software, services and/or support) to you (as the Customer) under contract.

2. Orders, Acceptance, Cancellation and Payment

2.1 By submitting your order, you acknowledge and agree to these Terms.

2.2 Your order is an offer to buy the Product(s) the subject of your order. Robox may send you an Order Confirmation to acknowledge receipt of your order, however Robox does not accept your order until you receive notice from Robox that the Product(s) you have ordered has shipped.

2.3 Robox may process payment for and ship parts of an order separately. Robox reserves the right at any time, even after we send you a confirmation email, to decline or cancel your order or to limit order quantities for any reason, including errors or suspected fraud.

2.4 If we have taken payment from you for your order and we decline or cancel your order for any reason, or limit your order quantities for any reason, we will contact you to offer you a refund of your purchase monies.

3. Price and Availability

3.1 Prices and promotions are subject to change.

3.2 Robox uses reasonable endeavours to communicate accurate pricing and Product information, however errors may occur. In the unlikely event that an error affects your order, or a Product that you have ordered is no longer available, we will either contact you for instructions or cancel your order and refund any money you have paid for the relevant Products.

4. GST, Taxes and Duties

Unless stated otherwise, all Prices specified on our website are GST inclusive prices but do not include any applicable fees (including delivery fees), taxes or duties.

5. Passing of Title and Risk

5.1 Title to and risk in the Products(s) that you have purchased from Robox passes to you when the Product(s) are delivered to you.

5.2 You are responsible for inspecting the package(s) upon delivery and promptly informing us of any damage to the packaging, including, where possible by taking contemporaneous photos of any damage and noting that damage on the proof of delivery (POD) or other delivery receipt the carrier may asks you to sign. If you take photos of the damage we may require you to provide them to us so we can address the damage with the carrier.

6. Software

6.1 All Products that are software are supplied to you subject to the terms and conditions of the licence agreement relating to that software which you will be asked to agree to as part of the installation of that software. The Customer acknowledges its obligations to comply with licence terms.

6.2 The Customer acknowledges that Robox does not make any express warranty in relation to any software under these Terms. In addition to any rights the Customer may have at law, all software is warranted in accordance with the licence agreement that governs its use.

6.3 All rights, title or interest in respect of the intellectual property rights in the software remain with Robox or the licensor of the software at all times.

7. Delivery of goods

7.1 Robox will deliver goods comprising the Product(s) you have ordered and paid for to the Place of Delivery.

7.2 For the efficiency of Robox's production and fulfilment procedures, it may be necessary for Robox to deliver such Products by instalments in any sequence. You may not cancel the Contract where Products are delivered by instalments.

7.3 Any dates provided by Robox for the delivery of the Products are estimates only and will not form part of the Contract. Actual delivery date will be affected by factors such as clearance of payment, Place of Delivery location and availability of parts for the Products. Robox will not be liable for any delay in delivery of the products and/or services, howsoever caused and for Robox will not be liable for any delay in delivery of the Products and/or services which is outside of Robox’s control.

7.4 You may cancel an order for Products purchased if Robox is unable to deliver the Products within a reasonable period from the estimated delivery date specified on the Order Confirmation.

8. Use of products

8.1 Robox-branded Products are designed for specific applications and purposes to work under certain operating conditions.

8.2 Your use of the Product(s) other than in accordance with any manual, operating instructions, specified operating conditions or any other information on the Robox website or as provided with the Product may damage the Product and data stored on it. Such use may adversely affect your rights with respect to repairs and other claims relating to the Product.

8.3 You agree to only use the Product in accordance with any manual and any specified operating conditions.

8.4 Warranty Against Defects

8.4.1 Nothing in this clause 8 affects your rights under the Australian Consumer Law. Our goods come with consumer guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

8.5 Robox does not give any warranty that Products purchased are fit for any particular purpose.

9. Liability

9.1 For Products Robox's total liability in respect of each event or series of connected events will not exceed the total price paid for the purchase of products and/or services under these Terms.

9.2 You will indemnify Robox and keep Robox fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of you and any of your employees, agents or sub-contractors in connection with the purchase, use or performance of any Robox products or services.

9.3 To the extent permitted by law, Robox excludes liability for all consequential loss arising out of or in connection with the purchase, use or performance of any products or services by you from Robox, including liability for loss of income, loss of profits, loss of a contract, data loss, loss of goodwill, loss of potential business, or any damage to personal property or any personal injury whether direct or indirect, or any kind, unless:

1. such loss could have been expected to result from a failure by Robox to meet a consumer guarantee under the Australian Consumer Law and such loss was reasonably foreseeable; or

2. where Robox is the manufacturer or importer of the relevant products and such loss has arisen due to the relevant products having a safety defect within the meaning of section 9 of the Australian Consumer Law and further that none of the defences established under section 142 of the Australian Consumer Law apply to the relevant products.

9.4 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by Robox will be subject to correction without any liability on the part of Robox.9.5 In relation to Products supplied to you that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, Robox's liability for breach of a guarantee implied into a Contract which cannot lawfully be excluded is limited, at Robox's option, to:

1. in the case of Products, the replacement of the Products or the supply of equivalent Products; the repair of such Products; the payment of the cost of replacing the Products or of acquiring equivalent products; or the payment of the cost of having the Products repaired; OR

2. in the case of services, the supplying of services again; or the payment of the cost of having services supplied again.

10. Force Majeure

10.1 Neither party (Robox and the Customer) will be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party will be entitled to a reasonable extension of time for the performance of such obligations.

11. Privacy laws

11.1 We may need to collect personal information in order to provide services to you, conduct our business, communicate with you and/or comply with our legal obligations.

(b) We may disclose your personal information to:

(i) any entities owned or controlled (whether directly or indirectly) by Robox;

(i) other companies or individuals who assist us in providing services or who perform functions on our behalf (such as specialist consultants);

(ii) courts, tribunals and regulatory authorities;

(iii) anyone else to whom you authorise us to disclose it; and

(iv) anyone else, where authorised by law.

12.Governing Law

These Terms are governed by and construed in accordance with the laws of Victoria, Australia and are subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.

13. Definitions

In this document, these terms have the following meanings:

Consumer has the meaning given to that term in section 3 of the Australian Consumer Law.

Contract means a contract (on these Terms) for sale by Robox to you (as the Customer) of the Products.

Customer means the individual or legal entity identified in the Robox Quotation, Order Confirmation or tax invoice for the Products ordered by that individual or legal entity.

Robox Quotation means a quotation providing a Price for Products that is provided by Robox for offline orders not made through the Robox website.

Order Confirmation means formal acknowledgement of Product ordered by Customer, sent by Robox.

Place of Delivery means the place designated by the Customer and agreed to by Robox for delivery of Product.

Price means the price for a Product specified in the Robox Quotation and/or Order Confirmation and the latter will have precedence in the event of any error in the Robox Quotation.

Products means the goods and/or services specified in the Order Confirmation and may include Robox-branded products, non Robox-branded products and Service and Support.

Service Offerings means the different service options offered by Robox for the Products or any part of them and for varying periods, as described in Robox's published literature, including but not limited to Customer’s invoice and/or Robox’s service descriptions.

Third Party Products means products other than Robox-branded.