These terms apply to the supply of the MexxBot Pal palletising cobot system and related services by Mexx Engineering Pty Ltd. Please read them alongside your written quotation, which sets out the specific configuration, price and scope for your order.
In these terms, "Mexx", "we" or "us" means Mexx Engineering Pty Ltd (ABN 58 121 994 563) of 28 Harrington Street, Arundel QLD 4214. "You" means the person or business that purchases a MexxBot Pal from us. "System" means the MexxBot Pal robot, controller, gripper and other items listed in your quotation.
These terms, together with your written quotation and our invoice, form the agreement between us. Where there is any inconsistency, the written quotation prevails.
Prices shown on our website (including any figure generated by the online "build & price" configurator) are indicative only and do not constitute an offer. Every palletising application differs, and items such as custom grippers and in-feed conveyors are quoted on application.
A binding price and scope of supply are set out only in a written quotation issued by Mexx. An order is formed when you accept that quotation in writing and pay any deposit or provide any purchase order required by it. Quotations are valid for 30 days unless stated otherwise.
Unless expressly stated otherwise, prices are in Australian dollars and exclude GST, which is added at the applicable rate. Delivery, installation, commissioning, operator training, custom tooling and in-feed conveyors are quoted separately and are not included in the System supply price unless your quotation says so.
Unless your quotation states otherwise, a deposit of 50% of the total price is payable on acceptance of the quotation, and the balance is payable before delivery. Title to the System does not pass to you until we have received payment in full in cleared funds.
Delivery, installation, commissioning and training (where included in your quotation) will be carried out as agreed. Any delivery dates are estimates given in good faith. Risk in the System passes to you on delivery to your site; title passes on payment in full (clause 4).
The ABB robot arm and controller are covered by ABB's standard manufacturer's warranty, which is passed through to you. Details of the ABB warranty period and terms are provided with your System. Our guarantee in clause 8 is separate from, and additional to, the ABB warranty.
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy that you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law, where it cannot lawfully be excluded.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
In addition to your rights under the Australian Consumer Law and the ABB warranty, Mexx offers the following voluntary guarantee.
If, within the guarantee period, your MexxBot Pal — correctly installed by us and operated in accordance with our and ABB's instructions — does not reliably perform the palletising task agreed in your quotation, and we are unable to rectify the issue, we will refund the System supply price paid by you.
The guarantee period is 30 days from the date we complete commissioning of your System.
The guarantee covers the System supply price you paid (plus GST paid on it). The following are not refundable under this guarantee: delivery and freight; installation, commissioning and training; custom grippers and tooling made to your specification; and consumables.
We will inspect the System and work with you to resolve the issue. If it cannot be resolved and the conditions above are met, we will arrange collection of the System and refund the amount described above within 30 days of collection. Mexx will arrange and pay for return freight.
These benefits are in addition to your other rights and remedies under a law in relation to the goods and services.
To the extent permitted by law, and subject to clause 7, our total liability to you arising out of the supply of a System is limited, at our option, to replacing or repairing the System, resupplying the relevant services, or refunding the price paid. To the extent permitted by law, we are not liable for indirect or consequential loss, or for loss of profit, production or revenue. Nothing in this clause limits any liability that cannot be limited under the Australian Consumer Law.
This agreement is governed by the laws of Queensland, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that State and of the Commonwealth of Australia.
Mexx Engineering Pty Ltd (ABN 58 121 994 563)
28 Harrington Street, Arundel QLD 4214
Phone: (07) 5571 5733
Email: [email protected]