SOLDAMATICS AND COBOT SCHEDULE
The following terms and conditions apply when Weld Australia ABN 63 003 696 526 (Weld) supplies the Soldamatics® welding simulation system and/or the Cobot welding robot to its customers (Customer, you).
The terms and conditions set out in this document (Soldamatics and Cobot Schedule) are in addition to Weld’s General Terms and Conditions available at https://weldaustralia.com.au/general-terms-and-conditions/ (GTC). If there is any inconsistency between the GTCs and this Soldamatics and Cobot Schedule, the latter prevail over the former to the extent necessary to resolve the inconsistency.
All capitalised terms have the meaning given to them in the GTC unless otherwise defined in this document.
1. Deliverables and third party terms
1.1. Weld will supply to you the Soldamatics and/or Cobot hardware and software specified in the Order (Deliverables).
1.2. You acknowledge that Weld is a reseller of the Deliverables and supplies the Deliverables subject to the following third party terms:
(a) for Soldamatics – the terms and conditions of the owner, Seabery Soluciones SL (a Spanish company) attached to the Order or supplied on software installation (Soldamatics Terms);
(b) for Cobot, the terms and conditions of the owner, Diverseco Pty Ltd are available at https://diverseco.com.au/terms-conditions (Cobot Terms).
2. Fees
2.1. Unless otherwise agreed in writing, all Fees for the Deliverables are payable in full prior to delivery.
2.2. In the event that Weld agrees to payment after delivery, then until full payment in cleared funds is received by Weld for the Deliverables:
(a) legal title and property in the Deliverables remain vested in Weld and you hold the Deliverables as bailee for Weld;
(b) you must maintain the original labelling so that the Deliverables are readily identifiable as the property of Weld, the manufacture and/or licensor;
(c) you must not sell the Deliverables, grant any person an interest in the Deliverables or create any encumbrance over the Deliverables;
(d) if you sell the Deliverables in breach of clause 2.2(c), you hold the proceeds of sale on trust for Weld.
3. Installation and training
3.1. Weld will provide installation and training services on the date and time specified in the Order or as otherwise agreed by the parties. To enable Weld to provide these services, you agree to provide Weld with access to the Deliverables at the agreed date and time. Installation and training services are including the training Fee specified in the Order.
4. Software licence
4.1. Soldamatics. If Weld supplies the Soldamatics hardware and software to you, you agree to comply with the Soldamatics Terms when you use the hardware and software. Your licence Term for the Soldamatics software is specified in the Order. On expiry of the Term, you may renew your licence for the Soldamatics software by entering into a further Order with Weld.
4.2. Cobot. If Weld supplies the Cobot hardware and software to you, you agree to comply with the Cobot Terms when you use the hardware and software. Your licence Term for the Cobot software is specified in the Order. On expiry of the Term, you may renew your licence for the Cobot software by entering into a further Order with Weld.
5. Warranty and support
5.1. Soldamatics is supplied with the manufacturer’s warranties specified in the Soldamatics Terms and Cobot is supplied with the manufacturer’s warranties specified in the Cobot Terms (Manufacturer’s Warranty).
5.2. The Manufacturer’s Warranty for Soldamatics applies for the warranty period specified in the Soldamatics Terms and the Manufacturer’s Warranty for Cobot applies for the warranty period specified in the Cobot Terms (Warranty Period). An extended Warranty Period will apply if specified in the Order.
5.3. During the applicable Warranty Period, Weld will assist you in submitting and managing any warranty claims with the relevant manufacturer.
5.4. Warranties for the Deliverables are limited to the applicable Manufacturer’s Warranty. To the maximum extent permitted by law, Weld does not provide any warranties for the Deliverables.
5.5. Weld will supply any additional support services specified in your Order.
5.6. Any unauthorised modifications, servicing, or repairs performed on the device may result in the warranty being voided.
5.7. A copy of the manufacturer’s warranty will be included with the goods upon delivery, and an electronic copy can be made available on request.