You may contact us any time by:
- Calling at (424) 291-2322, or
- Emailing to support@RoboticSortingSolutions.com
The placing of an order by the Buyer (also referred to as “Customer”, “Client”, etc.) and the acceptance of that order by Robotic Sorting Solutions (the “Seller”) creates a contract (the “Contract”, “Agreement”, or “Order”) under the Robotic Sorting Solutions terms and conditions (the “Terms”) as set out below. In addition to these Terms, any special Terms agreed between the Buyer and Robotic Sorting Solutions (the “Parties”) prior to Robotic Sorting Solutions accepting the order shall apply. Where there is inconsistency between terms agreed verbally or via e-mail and these Terms, these Terms shall prevail.
Any quotation given by Robotic Sorting Solutions shall not constitute an order, and is only valid for a period of ten (10) business days from its date of issue. An order shall be deemed to have been accepted when, following a quote provided by Robotic Sorting Solutions, e-mail confirmation is received from the Buyer. In exceptional circumstances and entirely at its own discretion Robotic Sorting Solutions may accept an order given verbally by a standing buyer who has had previous notice of these Terms. These Terms shall apply equally to an order given and accepted in this manner. In the case of Robotic Sorting Solutions accepting an order verbally, the Buyer shall confirm such an order in writing as soon as practical. In the absence of written confirmation, Robotic Sorting Solutions will not accept liability for any error in executing the order.
Robotic Sorting Solutions reserves the absolute right to refuse any order whatsoever and for whatever reason. All clerical errors in Seller’s quotations, acknowledgments, and invoices are subject to correction at the discretion of Robotic Sorting Solutions.
Any performance capabilities, design specifications, or other characteristics expressed about Robotic Sorting Solutions equipment, products, or services are provided for informational purposes only. Robotic Sorting Solutions holds no guarantee of the performance capabilities, design specifications, or quoted characteristics as they are highly dependent on the ambient operating environment.
INTELLECTUAL PROPERTY PROTECTION
Buyers will respect the intellectual property (IP) rights of the Seller including, but not limited to, patent, copyright, trademark, trade secret and industrial design. Should the User become aware of any infringement of Seller’s IP rights, including any third party infringements, the User or Buyer will immediately give notice to Seller.
Robotic Sorting Solutions grants the user a limited, non-exclusive license to request quotes and place orders with Robotic Sorting Solutions through the roboticsortingsolutions.com website (the “Site”). Robotic Sorting Solutions retains all ownership and IP rights to the Site. The Site contains names which are trademarks and/or brand names of Robotic Sorting Solutions. These marks and other Robotic Sorting Solutions brand names may not be used without the written permission of Robotic Sorting Solutions. The copyright in the content of the Site is owned by Robotic Sorting Solutions. No part of the Site may be copied or reproduced for commercial purposes without the express written permission of Robotic Sorting Solutions or the identified owner of the information and content.
All software furnished hereunder is licensed by Robotic Sorting Solutions to the Buyer on a non-exclusive basis for use by the Buyer. The usage by the software is restricted to equipment for which or with which was acquired. Title to the software shall remain with Robotic Sorting Solutions. Acquisition of Robotic Sorting Solutions software requires the execution of a separate license agreement.
Performance by Seller under this order shall be extended or excused to the extent failure to perform is the direct or indirect result of any occurrence beyond Seller’s control including, but not limited to, strikes, labor troubles, riots, floods, fires, earthquakes, storms and other natural disasters, accidents, shortage of cars, failure of production, supply, transportation or delivery of raw materials or the materials covered by this agreement.
See Prices, Taxes, and Payment below for additional information. For further information on price or additional options for purchase, please contact our staff via the phone number or email listed above. Robotic Sorting Solutions reserves the right to alter, suspend, or otherwise modify the purchase options at any time, including price(s), duration of service, and the Terms associated with any purchase option. The Terms listed here are for general informational purposes only. The Terms agreed upon with an authorized representative of Robotic Sorting Solutions shall prevail over any general purpose Terms and Conditions listed here. Robotic Sorting Solutions cannot guarantee support after the standard service terms.
The information contained on this page, or throughout the Site is for informational purposes only, and shall not hold Robotic Sorting Solutions to any terms, conditions, agreements, prices, or other obligation which has not been expressly signed and agreed upon by an authorized individual at Robotic Sorting Solutions.
Purchase with Service
The standard option to purchase any equipment or products comes with twelve (12) months of hardware support under the terms of the Warranty. After the standard hardware support term has expired, support may continue, at the discretion of Robotic Sorting Solutions, on a per case basis subject to the cost for parts and labor to support repairs. In addition to hardware support, software support is also included for the specified term of twelve (12) months, and includes database support and access to continued updates to the associated software. After the standard software support term has expired, further updates to software will be made available on a per-upgrade basis. The Buyer may elect to subscribe to all software updates and upgrades, in lieu of per-upgrade charging. The Buyer shall respond to all invoices from Robotic Sorting Solutions in a timely manner to ensure software updates are applied in advance of any time-sensitive events. Robotic Sorting Solutions will make no guarantee of supporting software upgrades, including database updates for new set releases, for any Customer who does not meet the original payment due date for any invoice.
Hardware as a Service (HaaS)
The standard term for a HaaS agreement will be a minimum of three (3) months, with recurring service fee(s) due every month until the end of the agreement, unless alternate Terms are specified in the Agreement. The service will commence on the date that the item is delivered and installed at the Customer’s designated facility. This will account for variability in delivery. During the term of any Order for HaaS, and subject to any limitations set forth therein, Robotic Sorting Solutions agrees to license to Customer, at Customer’s designated facility, such hardware or other equipment as may be designated in such Order as “Licensed Equipment.” All Licensed Equipment shall be delivered, installed and maintained by Robotic Sorting Solutions, subject to Customer’s maintenance responsibilities. Title to the Licensed Equipment shall remain with Robotic Sorting Solutions or its suppliers. Customer shall have no right or interest in or to the Licensed Equipment except as expressly provided in this Agreement and shall possess the Licensed Equipment subject and subordinate to the rights of Robotic Sorting Solutions. Customer will, at its own expense, keep the Licensed Equipment free and clear from any liens or encumbrances of any kind (except any caused by Robotic Sorting Solutions) and will indemnify and hold Robotic Sorting Solutions harmless from and against any loss or expense caused by Customer’s failure to do so. Customer shall give Robotic Sorting Solutions immediate written notice of any attachment or process affecting the Licensed Equipment or title thereof. In addition to the normal and recurring service fee associated with HaaS, a deposit will be due in full prior to Robotic Sorting Solutions accepting an Order from the Buyer. This amount will be held by Robotic Sorting Solutions until which point the Licensed Equipment is returned and verified to be in good order and condition, normal wear and tear excepted. Robotic Sorting Solutions reserves the right to withhold the deposit until the obligations of the Customer to return the Licensed Equipment are fulfilled, pursuant to the Terms herein. Prior to delivery of any equipment, products, or services, the first month of the service agreement will be due.
Customer shall have the right to use the Licensed Equipment in a commercially reasonable manner in connection with the other Services provided by Robotic Sorting Solutions to Customer for the term set forth in the applicable Order. Customer shall not remove, alter or destroy in any way any Licensed Equipment, or any label thereon, without the prior written consent of Robotic Sorting Solutions. Customer may not affix or install any accessory, addition, upgrade, equipment or device on to the Licensed Equipment (other than electronic data) unless expressly approved in writing by Robotic Sorting Solutions. Customer will, at its own expense, keep the Licensed Equipment in good repair, appearance and condition, subject to normal wear and tear (see Warranty for more information). Customer will be liable for the costs of repair or replacement of Licensed Equipment if damaged or lost due to theft, negligence, intentional acts, unauthorized acts or other causes within the reasonable control of Customer, its agents or employees.
Within fifteen (15) days of the effective date of termination or normal expiration of the Agreement between the parties or any applicable Order, or both, Customer will schedule with Robotic Sorting Solutions a date and time for a representative to remove, package, and ship all Licensed Equipment back to Robotic Sorting Solutions. At the sole discretion of Robotic Sorting Solutions, if the Licensed Equipment is not received promptly within the allotted time, or if the Licensed Equipment is not received in good order and condition as originally delivered, normal wear and tear excepted, Robotic Sorting Solutions reserves the right to: (i) withhold the deposit; (ii) recover and take possession of such Licensed Equipment, and for this purpose may enter any premises of Customer where such equipment is located during normal working hours to remove such Licensed Equipment, without being liable for trespass; and (iii) charge the Customer an additional fee for the costs associated with recovering and resuming possession of the Licensed Equipment. Robotic Sorting Solutions will make every attempt to repair the Licensed Equipment at minimal cost to the Customer.
Unless prior written consent is provided by Robotic Sorting Solutions, the Customer is not authorized to sell, lease, or otherwise provide access to equipment, products, or services to any individual, entity, or organization, (the “Other Party”) other than the Customer noted on the Contract, even if the access is provided gratis by the Customer to the Other Party. If it is found that the Customer is in violation of these Terms, Robotic Sorting Solutions reserves the right to recover and take possession of the goods of interest. At the sole discretion of Robotic Sorting Solutions, the Customer will be charged for all costs and fees associated with recovery and resuming possession of the goods, regardless of payments made by the customer in accordance with the original Contract.
PRICES, TAXES, AND PAYMENT
All prices are per unit (except where indicated) and are in US dollars. All prices are subject to change without notice. Taxes or Fees, such as Federal, State, or local, which is the obligation or right of Robotic Sorting Solutions to collect in connection with the sale or delivery of products described on any attachment, shall be paid by Buyer and will appear as separate items on the invoice.
Without limiting any other right or remedy of Robotic Sorting Solutions, if the Buyer fails to make any payment due to Robotic Sorting Solutions by the due date for payment (“Due Date”), Robotic Sorting Solutions shall have the right to charge interest on the overdue amount at the rate of 3% per annum above the then current United States Federal Prime Rate accruing on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.
Each invoice will be issued at the end of each service month and should be paid within five (5) days of the date of the invoice. This payment should be made in full and in cleared funds to the bank account on the invoice, and the time for payment shall be of the essence of these Terms. All amounts payable by the Buyer under these Terms will be subject to applicable taxes and fees at the current rate and this amount will be added to the final invoice from Robotic Sorting Solutions. If the Buyer fails to pay the invoice within five (5) business days, a 10% late fee will be assessed. If the Buyer fails to pay the invoice by the Due Date, which is ten (10) business days from the invoice date, the service agreement is voided, and the Buyer agrees to forfeit the deposit and use of Robotic Sorting Solutions equipment, products or services. The remaining invoice balance will additionally be due, per the Terms above.
The Buyer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Buyer shall not be entitled to assert any credit, set-off or counterclaim against Robotic Sorting Solutions in order to justify withholding payment of any such amount in whole or in part. Robotic Sorting Solutions may, without limiting its other rights or remedies, set off any amount owing to it by you against any amount payable by Robotic Sorting Solutions to the Buyer.
Delays in transportation shall not extend any payment Terms. Seller reserves the right to collect payment in part or in full as a condition of acceptance of an order from Buyer. Should the Buyer’s financial responsibility become unsatisfactory to the Seller, cash payment or satisfactory security may be demanded by the Seller and in default of such cash payment or satisfactory security, deliveries herein may be discontinued at the option of the Seller and a charge rendered covering the value of any partially finished articles that are being manufactured for the Contract. Seller retains all other remedies it may have as a result of Buyer’s unsatisfactory financial responsibility. When an account becomes past due according to its payment terms, interest will be charged at the greater of 1.50% per month (18% per year) or the maximum permitted by law until paid.
TERMINATION OR CANCELLATION
Purchase of any equipment, products, or services outside of the HaaS agreement comes with a return policy which extends from the date of the order to thirty (30) days from the installation date. Any equipment, products, or services returned within this window will be refunded the purchase price less a restocking fee equivalent to twenty percent (15%) of the purchase price, and subject to further inspection by Robotic Sorting Solutions on the condition of those equipment, products, or services. Once an order is placed, and payment is accepted by Robotic Sorting Solutions for the purchase of the equipment, products, or services which initiates the Contract, Robotic Sorting Solutions reserves the right to withhold the restocking fee specified above from any returned amount. If a credit card was used to pay for the purchase of any equipment, products, or services, Robotic Sorting Solutions also reserves the right to hold the additional 3% credit card processing fee from the returned amount.
HaaS orders canceled after the deposit is paid, but before the commencement of the first month of the service agreement, will be assessed a fee equivalent to one month of the monthly service agreement. After delivery and installation, termination of the service agreement will be bound by the terms specified herein. In the event that a Buyer wishes to end the HaaS agreement, the Buyer must notify Robotic Sorting Solutions in writing prior to the next scheduled payment date on the Contract. Failure to notify Robotic Sorting Solutions in advance of the next payment date on the agreement will result in the additional payment being processed per the original agreement. The Buyer consents that the
HaaS agreement will continue in perpetuity, pursuant to the Terms set forth in the agreement, unless either the Buyer or Robotic Sorting Solutions notify the other party of a change, amendment, termination, or other modification, which will require a new contract to be agreed upon by both parties.
Returned items must be clean, and remain in good condition. In the event the Customer provides return shipping for any equipment, products, or services, proper packaging for shipping will be the responsibility of the customer for any goods returned. A refund will be given after inspection has been made and goods remain in new condition and are not damaged. If there is any visible damage to the machine, Robotic Sorting Solutions will refuse to accept the machine or other accessories from the carrier. All claims for this matter shall pass on to the Buyer to be dealt with the carrier he/she has hired. Any shipping costs (including discounted or free shipping in some cases) incurred by Robotic Sorting Solutions for additional shipping, and/or crating charges will be subtracted from the refund. A return will be considered incomplete until all accessories included in the original order are returned to Robotic Sorting Solutions. If the Buyer discovers that he/she has missing accessories that were included in the original purchase, the Buyer must notify Robotic Sorting Solutions within three (3) business days of shipment of goods. Robotic Sorting Solutions reserves the right to deny a return upon failure to disclose missing accessories if Robotic Sorting Solutions discovers the missing accessories without advance notice from the Buyer.
If the Customer terminates the HaaS agreement prior to the minimum term commitment, the Customer will owe to Robotic Sorting Solutions half of one-month of the service fee, plus an additional retrieval fee for unanticipated retrieval, in addition to the conditions discussed normal expiration of a HaaS agreement. This amount will be withheld from the deposit, pending Robotic Sorting Solutions receiving the equipment in good and normal condition. Without limiting its other rights or remedies, Robotic Sorting Solutions may terminate these Terms with immediate effect by giving written notice to the Buyer if:
- The Buyer commits a material breach of these Terms and (if such a breach is remediable) fail to remedy that breach within seven (7) days of that party being notified in writing of the breach; or
- The Buyer suspends, or threatens to suspend, payment of debts or is unable to pay debts as they fall due or admit an inability to pay its debts, or (being a company) is deemed unable to pay its debts, or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, or (being a partnership) has any partner to whom any of the foregoing apply; or
- The Buyer suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of the business between Seller and Buyer.
On termination of the Contract for any reason:
- The Customer shall immediately pay to Robotic Sorting Solutions, all outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has yet been submitted, Robotic Sorting Solutions shall submit an invoice, which shall be payable by the Customer immediately on receipt;
- The accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
Clauses which expressly or by implication have effect after termination shall continue in full force and effect.
If all or any part of one or more of these Terms is or becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation or found to be illegal or unenforceable in whole or in part under any applicable law, or regulation of any jurisdiction or country, or with respect to a certain category of persons, such provision or part shall to that extent, be deemed not to form part of the contract. The legality, validity or enforceability of the remainder of these Terms or the remaining parts of the relevant term shall not in any way be affected or impaired thereby (in relation to such jurisdiction or country, or category of persons). The legality, validity or enforceability of such provision under the applicable laws of any other jurisdiction or country or category of persons, shall not in any way be affected or impaired.
If any part of this disclaimer is held to be invalid, the remaining models will continue to be valid and enforceable.
Delivery shall not occur until the Buyer has paid the first month of the service agreement, per the terms specified above.
Robotic Sorting Solutions will see to it that reasonable means will be exhausted to meet the shipment dates quoted, although we will not be liable for any special, incidental, or consequential damages resulting from delivery delays or inability to deliver. Delivery prices, if quoted, do not include additional fees, such as customs duties, freight, or insurance. If Buyer chooses to contract their own freight carrier, title and risk of loss shall pass to Buyer upon pick-up of the freight carrier. In the absence of specific written instruction from the Buyer, Robotic Sorting Solutions will select the common carrier. Buyer shall be responsible for any freight charge and any insurance charge. If the Buyer chooses to contract their own freight carrier, Buyer is responsible for lowering machine off the truck or indicating proper delivery with Robotic Sorting Solutions. The Buyer shall allow 6-8 weeks from purchase date and/or payment clearance for product to ship. Delivery of product date will depend on the reasonable means of the carrier and the distance of the drop-off location. In certain cases additional time may be needed for holidays and weekends. Robotic Sorting Solutions will make every attempt to keep the Buyer informed prior to making a purchase if additional time is needed.
Customer will be responsible for preparing the site for installation, for providing adequate space, foundations, heating and cooling, and electrical power, and for affording Robotic Sorting Solutions or its agent reasonable access to the premises for installation and maintenance. Except as provided in an Order, Customer is responsible for any special interface equipment or facilities necessary to ensure compatibility between the Licensed Equipment and Customer Equipment.
Delivery promises are based on Seller’s best judgment and Seller will attempt to fill orders at the agreed time. However, Seller shall not be liable for any damage claimed to result from any delay in delivery due to any cause whatsoever. Shipment and delivery dates are quoted in good faith and are approximate. Shipment and delivery dates are subject always to these Standard Terms and Buyer’s timely compliance with these Standard Terms and such reviews and approvals as are required of Buyer. Seller shall not be liable to pay any penalty for a delay in shipment, nor shall it be bound by any provision for the payment of a penalty of any nature whatsoever claimed by reason of any delay in shipment unless it has expressly consented to such penalty provision in a writing executed by Seller.
DAMAGE AND SHORT SHIPMENT
In the event products are received damaged, the Buyer shall keep all packaging material and contact both the carrier and Robotic Sorting Solutions by phone or email within three (3) business days. In the event Robotic Sorting Solutions products or other machinery is noticeably damaged, this may include broken crating or torn wrap, the Buyer MUST indicate in writing on the carrier release records: “SHIPMENT PACKAGING IS DAMAGED, AND TIME FOR FURTHER INSPECTION OF PRODUCT WILL BE NEEDED TO FILE A CLAIM IN THE EVENT THE PRODUCT IS ALSO DAMAGED.” This will give the Buyer time to unwrap or unbox the machine for inspection. The Buyer should also take additional precautions by taking pictures of the noticeable damage prior to examining the machine. Signing the carrier release form without adding this statement will release the driver or the shipping company from taking responsibility for any damage caused to the machine. Robotic Sorting Solutions in this case cannot help the Buyer to file a claim to recover the loss of the machine. If the machine without doubt is visibly damaged, refuse to accept the machine on the grounds that it is damaged. Please call Robotic Sorting Solutions immediately to file a claim.
Damaged articles must be reported immediately after damage is suspected. It is paramount that damage is reported and sorting is halted until a review of the machine sort footage and captured images will allow Robotic Sorting Solutions to determine how the damage occurred. If the damage was caused during sort and by a fault of the equipment, products, or services provided by Robotic Sorting Solutions, Robotic Sorting Solutions will reimburse damaged cards up to Market Price as determined by Robotic Sorting Solutions.
Robotic Sorting Solutions will not be held liable for subsequent damage to articles which are processed after initial damage may be suspected.
See the Warranty page for more information.
Buyer shall require employees to use all safety devices, guards and proper safe operating procedures as set forth in manuals and instruction sheets furnished by Robotic Sorting Solutions. Buyer shall not remove or modify any such device, guard or sign. It is Buyer’s responsibility to provide all the means that may be necessary to effectively protect him/herself, all people around the machine and employees from serious bodily injury which otherwise may result from the method of particular use, operation, set-up or service of the equipment. If Buyer fails to comply with such provisions of this paragraph or the applicable standards or regulations aforementioned, Buyer shall indemnify and save Robotic Sorting Solutions harmless from and against any and all claims, losses or damages arising there from. It is the responsibility of Buyer to comply with any and all local codes.
DESCRIPTIONS OF EQUIPMENT
All parameters and characteristics given are estimates, stated as correctly as possible, and any minor deviations shall not invalidate this purchase order. Brochures, photographs and other illustration representing the equipment offered are not binding in detail, as improvements are constantly being made in design. Brochures and web site are subject to change without notice.
All illustrations, drawings, tables, graphs and the like issued by Seller or contained in Seller’s catalogs, price lists, advertisements or any other publications must be regarded as close approximations only. Weights, measurements, capacities and all other particulars of products offered by Seller are stated in good faith as being approximate and no responsibility is accepted for their deviation from the approximations stated unless otherwise specified in writing in Seller’s proposal or order acknowledgment.
This agreement may not be assigned without the express written consent of the parties hereto. Any attempted assignment of rights or delegation of duties shall be void.
This agreement shall be construed in accordance with the laws of the United States of America and the State of California (collectively, the “Governing Bodies”) and will govern any disputes regarding the interpretation and or validity of these Terms hereof. Any dispute relating to the products sold from Robotic Sorting Solutions hereunder shall be subjected to the jurisdiction of the courts within the Governing Bodies. The provisions of this agreement are divisible and the invalidity or unenforceability of any provision or provisions contained herein shall not in any way affect the validity of this agreement without the invalid or unenforceable provision or provisions.
The validity, construction and interpretation of all documents relating to this sale, and rights and duties of the parties hereto, shall be governed by the laws of the State of California, United States of America
The entire contract is embodied in this writing. There are no understandings, agreements, representations, or warranties, either oral or written, relative to the products, including statements made in or conduct implied from past dealings that are not fully expressed herein. No oral or any other form of statement subsequent to the acceptance of the purchase order purporting to modify the said Terms shall be binding unless consented to in writing by a duly authorized officer of Robotic Sorting Solutions in a document making specific reference to this transaction or after a transaction has been made.
DATA PROTECTION AND PRIVACY
By submitting orders, the Buyer:
- Consents to the processing of data personal to the Buyer, such as the Buyer name and title, address, telephone number, contact details and other personal details (“Personal Data”), in accordance with the Terms set forth; subject to the situation that these Personal Data are required to process the Buyer order and to fulfill Seller’s legal obligations.
- Acknowledges that the processing of Personal Data is necessary for the performance of the contract and the Buyer consents to such processing.
- Consents to comply with requests by Robotic Sorting Solutions for additional personal information such as photocopies of identification documents or credit cards for example for identity verification or fraud prevention purposes. Where such additional information is submitted to Robotic Sorting Solutions it shall also be regarded as “Personal Data”.
Personal Data are collected by Robotic Sorting Solutions in order to:
- Fulfill its obligations under any sale and purchase contract and any other contract with the Buyer
- Ask for Buyer opinions on its products and services
- Provide the Buyer with the latest products and services information
- Improve the products and services for the Buyer
- Make available or transmit Personal Data to other departments and divisions in Robotic Sorting Solutions, and other Robotic Sorting Solutions Companies or Entities.
Additional data are collected by Robotic Sorting Solutions during sorting, including processed images, date and time of sort, performance parameters during sort, and other data (collectively the “Data”), to:
- Improve and validate image recognition ability
- Ensure nominal operation of equipment, products, and services, particularly as it pertains to damage
The data will be anonymized prior to storage on Robotic Sorting Solutions servers, and will not be shared with, sold to, or otherwise distributed to entities or persons, other than Robotic Sorting Solutions, (“third parties”) without Buyer consent, except in the cases below:
- Data may be disclosed to third parties to enable compliance with legal obligations to which Robotic Sorting Solutions or its Affiliates are subject.
- Do not use data other than for the purposes permitted;
- Obtain and process data only on condition that they secure that data from unauthorized use and adopt and comply with similarly stringent policies and Terms on data protection and use; and
- Comply strictly with applicable laws.
The Buyer shall maintain such Public Liability, Property Damage, Employer’s Liability and Compensation Insurance and Motor Liability Insurance (Personal Injury and Property Damage) as will protect Robotic Sorting Solutions from said risks and from any claims under any applicable Worker’s Compensation or Occupational Disease statutes. Notwithstanding the foregoing, if Robotic Sorting Solutions agrees in a signed agreement to specific types and quantities of insurance, such types and quantities shall be deemed sufficient for the engagement or purchase described in such agreement.
Client shall make reasonable attempts to keep equipment of Robotic Sorting Solutions safe, secure and protected while in their possession. Client shall keep current insurance on equipment of Robotic Sorting Solutions while in their possession and list Robotic Sorting Solutions as an additional loss payee. Client shall provide proof thereof to Robotic Sorting Solutions and, provide a current copy of its insurance declaration sheet showing Robotic Sorting Solutions as a loss payee specifically for mobile equipment coverage. Client shall pay all costs for the repair or replacement of Robotic Sorting Solutions-supplied equipment while in Client’s possession.
LIMITATION OF LIABILITY
The information and content provided on the Site and the user’s access of the Site does not create any relationship between the user and Robotic Sorting Solutions.
All information and content on or obtained through the Site are provided “As Is” and without warranty of any kind. The user waives all other warranties relating thereto, including but not limited to any warranty of merchantability, fitness for particular purpose or warranty against interference or infringement. Sort of Robotics does not warrant that use of the Site will be uninterrupted or error free or that any error or defects will be or can be corrected. Some jurisdictions may not allow the exclusion of implied warranties, in which case some of the above exclusions may not apply to all users.
Robotic Sorting Solutions shall not in any event be liable to any user or to any third party for any direct damages, lost profits, revenues, business opportunities or for loss of income, bargain, revenue, contracts, goodwill, use, enjoyment, time, data, electronically transmitted orders or other economic advantage whatsoever (but not to the extent that applicable law prohibits liability exclusions or limitations for intentional torts, gross negligence, damages arising out of product liability or other fault bases), nor for any special, consequential, indirect, punitive or incidental losses, damages or expenses directly or indirectly relating to the use or misuse of the Site, or the information or content, irrespective of the basis for such claim.
Under no circumstance can Robotic Sorting Solutions be held liable for any product defects or specifications which have been requested/analyzed in the quotation phase. The liability of Robotic Sorting Solutions relative to real and proven damage will, regardless of the gravity of the failure, be limited to the price of the product directly related to the reason of the claim.