Terms & Conditions Documentation. Your Magneto Pre-Order Agreement (the “Agreement”) is made up of the following documents:
1. System : The Robotic Configuration will be confirmed with you at a later date. It will describe the robotic platform that you configure, including pricing (excluding taxes and official or government fees).
2. Final Price Sheet: The Final Price Sheet will be provided to you as your delivery date nears. It will include final pricing based on your Robotic platform Configuration and will include taxes and official or governmental fees.
3. Terms & Conditions: These Terms & Conditions are effective as of the date you place your pre-order and make your Pre-Order Payment (the “Pre-Order Date”).
Agreement to Purchase You agree to pre-order the Robotic platform (the “Robotic platform”) that you configured when you made your Pre-Order Payment and by taking delivery, completing the transaction when the Robotic platform is ready for delivery from Nexxis Technology Pty Ltd or its affiliate (“we,” “us” or “our”), pursuant to the terms and conditions of this Agreement.
Your Robotic platform is priced and configured based on features and options available at the time of order and you can confirm availability with a Nexxis representative. Options, features or hardware released after you place your order may not be included in or be available for your Robotic platform.
Pre-Order Price, Taxes and Official Fees. The pre-order price of the Robotic platform will be confirmed in your Robotic platform Configuration and Final Price Sheet. As you may have only configured part of your Robotic platform, any pre-order price provided to you in advance of the Final Price Sheet is only being offered to you as an estimate and is subject to change. Any pre-order price listed in the Robotic platform Configuration will not include taxes and official or government fees, which could amount to up to 10% or more of the Robotic platform pre-order price. Because these taxes and fees are constantly changing and will depend on many factors, such as where you register the Robotic platform, they will be calculated closer to the time of delivery and indicated on your Final Price Sheet. You are responsible for paying these additional taxes and fees.
Pre-Order Process; Cancellation; Changes. After you submit your completed pre-order and the options you selected become available in production, we will invite you to complete the configuration of your Robotic platform. We will then issue you the Robotic platform Configuration and Final Price Sheet based on the base price of the model and any options included or that you select. Your Pre-Order Payment covers the cost of these activities and other processing costs and is not a deposit for the Robotic platform. Until your Robotic platform is delivered to you, you may cancel your pre-order at any time, in which case you will receive a full refund of your Pre-Order Payment. Until your final configuration is matched to a Robotic platform, you can make changes to your Robotic platform
Configuration. If you make changes to the configuration of the Robotic platform, you may be subject to potential price increases for any pricing adjustments made since your original Pre-Order Date. Any changes made by you to your Robotic platform Configuration, including changes to the delivery location or estimated delivery date, will be reflected in a subsequent Robotic platform Configuration that will form part of this Agreement. When you take delivery of the Robotic platform, we will provide a credit to the final pre-order price of your Robotic platform equivalent to the amount of the Pre-Order Payment you paid. This Pre-Order Payment and this Agreement are not made or entered into in anticipation of or pending any conditional sale contract.
Delivery. If you are picking up your Robotic platform in a location where Nexxis Delivery Centre or an affiliate have an office, we will notify you of when we expect your Robotic platform to be ready for delivery, or another location we may agree to. You agree to schedule and take delivery of your Robotic platform within one week of this date. If you are unable to take delivery within the specified period, your Robotic platform may be made available for sale to other customers.
If you wish to pick up your Robotic platform in a state where we do not have a Nexxis Delivery Centre, or if you and Nexxis otherwise agree, Nexxis will, on your behalf, coordinate the shipment of your Robotic platform to you from our factory in Australia. In such a case, you agree that this is a shipment contract under which Nexxis will coordinate the shipping of the Robotic platform to you via a third-party common carrier. You agree that delivery of the Robotic platform, including the transfer of title and risk of loss to you, will occur at the time your Robotic platform is loaded onto the common carrier’s transport (i.e., FOB shipping point). The carrier will insure your Robotic platform while in transit and you will be the beneficiary of any claims for damage to the Robotic platform or losses occurring while the Robotic platform is in the possession of a common carrier.
You understand that Nexxis may not have completed the development of Magneto or begun manufacturing Magneto at the time you entered into this Agreement and so we do not guarantee when your Robotic platform will actually be delivered. Your actual delivery date is dependent on many factors, including your Robotic platform’s configuration and manufacturing availability. To secure your final payment and performance under the terms of this Agreement, we will retain a security interest in the Robotic platform and all proceeds therefrom until your obligations have been fulfilled.
Warranty. You will receive the Nexxis New Robotic platform Limited Warranty at or prior to the time of Robotic platform delivery or pickup. You may also obtain a written copy of your warranty, which will be available as delivery nears, from us upon request or from our website.
Limitation of Liability. We are not liable for any incidental, special or consequential damages arising out of this Agreement. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Pre-Order Payment.
No Resellers; Discontinuation; Cancellation. Nexxis and its affiliates sell Robotic platform’s directly to end-users, and we may unilaterally cancel any order that we believe has been made with a view toward resale of the Robotic platform or that has otherwise been made in bad faith. We may also cancel your pre-order and refund your Pre-Order Payment if we discontinue the product, feature or option after the time you place your pre-order or if we determine that you are acting in bad faith.
Governing Law; Integration; Assignment. The terms of this Agreement are governed by, and to be interpreted according to, the laws of the State of Western Australia. Prior agreements, oral statements, negotiations, communications or representations about the Robotic platform sold under this Agreement are superseded by this Agreement. Terms relating to the pre-order not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities.
This Agreement is entered into and effective as of the date you accept this Agreement, by electronic means or otherwise. By confirming and accepting this Agreement, you agree to the terms and conditions of this Agreement.