Standard Terms & Conditions for Sale of Goods
In this document the following words shall have the following meanings:
- “Buyer” means the organisation or person who buys Goods
- “Goods” means the articles to be supplied to the Buyer by the Seller;
- “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
- “Seller” means Robobeast. PTY LTD
- These Terms and Conditions shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
- Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
Price and Payment
- The price shall be the Retail Price less agreed discount, unless otherwise agreed in writing between the parties. The price is exclusive of VAT or any other applicable costs.
- Robobeast PTY LTD is not a registered credit provider and all goods are strictly cash.
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is representative in nature and the bulk of the order may differ slightly as a result of the manufacturing process.
- Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on, or as close as possible to the date required by the Buyer. All shipping costs for the buyers account.
- Any damages, shortages, over deliveries and duplicated orders should be reported to the Seller within 14 days of signed receipt to enable replacement.
Risk in the Goods shall pass to the Buyer upon receipt of the goods. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
RETURN OF UNUSED GOODS
- All goods are sold on a firm sale basis, i.e. No refunds, the Seller will not take back any goods not required or sold by the Buyer, unless otherwise agreed, in which case the following terms apply.
- Any returns must be authorised by a representative of the Seller before any credit will be given.
- Where the Seller agrees to accept the return of goods that are not damaged the Buyer will be responsible for the cost of carriage and will ensure that they are carefully packaged to avoid any damage in transit. The Seller will not be obliged to accept any goods that are damaged in any way. The Seller will only accept returns that appear in the Sellers current Publication List.
- Credit of amounts due or paid in will only be given for goods that are in saleable condition.
LIMITATION OF LIABILITY
- The Seller shall not be liable for any loss or damage suffered by the Buyer.
INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract. Seller shall not be liable for any loss of income the Buyer may loose in the event of a repair or claim.
RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
ASSIGNMENT AND SUB-CONTRACTING
The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.
The failure by either party to enforce at any time or for any period, any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
- All products are sold in good faith.
- 6 month warranty on all mechanical parts manufactured.
- 6 months warranty on goods supplied to the Seller provided the Sellers supplier deems as such.
- No Warranty on Electrical and electronic goods.
- No warranty on 3D printable materials E.g. PLS ABS.
- No warranty on Hot beds or halogen globes.
- No warranty on build plates E.g. Scratching Chipping etc.
- Nozzle blockages are human error and No warranty. (good filament elevates this)
- No warranty on Lap tops, Pc.s and any software used on the Robobeast.
- Purchases of Robobeast, are with open source slicers and drivers. No liability to the seller.
- No warranty on multiple users, making use of one unit. E.g. Education, schools etc.
- The Seller offers Training. The Buyer should consider this to maintain and help up hold the warranties offered.
- The Seller will not be held responsible for any performance of powers supply. E.g. Generator, Council or Eskom power.
- All repairs must be undertaken by Robobeast PTY LTD and no other provider. Goods must be shipped, delivered at Buyers own cost, returned to the factory for evaluation and quotations.
- There will be no cash refunds. Robobeast will stand by our standard warrantee.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa. and the parties hereby submit to the exclusive jurisdiction of the Magistrates courts
Authored by Richard Van As