Welcome to Nexxis and https://nexxis.com, our website. By visiting our website, purchasing, renting, or leasing our products, or using the services our website provides, you are agreeing to these terms and conditions and any other policies we publish or link to on our website; together, these form an “Agreement.” If you don’t agree, you should not use our website or our services. We may terminate your access to our website immediately if you breach this Agreement, and we may also change, suspend, or stop providing our website at any time.
Your obligations when using our website
To provide correct information and comply with the law
When providing us with information, such as when filling out any contact, quote, or order form, you must give current and accurate information. You must also comply with all applicable federal, state, and local laws when using our website, including intellectual property and computer fraud/cybercrime laws. If you access our website from outside the United States, you are also responsible for complying with local laws that apply to you.
To make only personal and non-commercial use of our content
You agree that the copyright in all Content on our website is owned or licensed by us. You must only use the website and its Content for your personal and non-commercial use. Any other use is prohibited unless permitted by law, or with our prior written permission, which you must seek by emailing admin@nexxis.com. All trademarks on our website belong to their respective owners.
To use third-party software, links, etc. at your own risk
We provide links on our website to other sites for your assistance only. We have no control over those other sites and do not endorse them in any way. Any use of those sites is at your sole risk, and you must direct any concerns regarding their products or services to them. We also provide access to third-party apps and software to enhance the functionality of our website. We have no control over those third-party apps and software and make no warranties in relation to them. You use them at your own risk, and you must read and agree to their terms and conditions, which govern your use of them.
Products, manufacturing, sales, rental and lease of equipment
Nexxis designs and manufactures robots and related equipment at our facility in Perth, Western Australia, and also supplies third-party goods, for use in industrial and heavy industry applications. The following applies to purchases, rentals, and leases arranged through our website or in connection with our business:
- Orders and quotes. Any quote, order, or enquiry submitted through our website is not binding on us until confirmed by us in writing. Prices, specifications, and availability may change without notice before confirmation.
- Rental and lease arrangements. Where equipment is rented or leased rather than sold, the specific terms of that arrangement, including duration, fees, maintenance responsibilities, and return conditions, will be set out in a separate rental or lease agreement, which forms part of this Agreement for that transaction. Where there is any inconsistency between that agreement and these website terms, the rental or lease agreement prevails in respect of that transaction.
- Third party goods. Where we supply goods manufactured by third parties, those goods are subject to the applicable manufacturer’s warranties (where provided), in addition to any rights you may have under law. We do not make additional warranties regarding third-party goods beyond what is stated by the manufacturer or required by law.
- Import, shipping, and delivery. Equipment is manufactured in Australia and shipped internationally, including to the United States. You are responsible for any import duties, tariffs, customs clearance, and compliance with US import requirements applicable to your order, unless otherwise agreed in writing. Delivery timeframes provided on our website or in quotes are estimates only. Risk in goods passes to you upon delivery, or upon collection, unless otherwise agreed in writing. Title in goods sold outright passes upon payment in full, unless otherwise agreed in writing.
- Industrial use. Our equipment is designed and supplied for use in industrial and heavy industry environments. You are solely responsible for ensuring equipment is installed, operated, and maintained by appropriately qualified personnel, and in accordance with all instructions, manuals, and safety information we provide, and all applicable federal, state (including Texas), and local workplace safety laws, including OSHA requirements.
- Export/import compliance. You must comply with all applicable US and Australian export control and trade sanctions laws in connection with your purchase, rental, lease, or use of our equipment. You must not export, re-export, or transfer equipment supplied by us in violation of applicable law.
To be respectful when posting or engaging with us
Where we provide forums, comments, community features, or similar functionality, we encourage you to engage respectfully. We do not recommend including personal information, such as your email address or physical address, in any posts. When you engage in discussions, your posts will not be confidential, and you must comply with our posting rules. You must not post any of the following, as determined at our discretion:
- any disrespectful, inappropriate, offensive, threatening, or abusive content;
- any content that breaches the rights of a third party (e.g. defamatory content);
- any content that impersonates another person or misleads us as to the origin of your posts; or
- any advertising, self-promotion, or unsolicited sales content.
Where posts do not comply with these rules, or are otherwise objectionable, we may, but are not obliged to, remove them. You are solely responsible for all content you post.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE, ITS CONTENT, AND (EXCEPT AS EXPRESSLY STATED IN A SEPARATE SALE, RENTAL, OR LEASE AGREEMENT) ANY PRODUCTS SUPPLIED BY US ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ITS CONTENT IS ACCURATE, COMPLETE, OR CURRENT.
Some states do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Any specific product warranties applicable to equipment you purchase, rent, or lease from us will be set out in the relevant sale, rental, or lease agreement.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NEXXIS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Nothing in this Agreement is intended to limit our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be limited or excluded under applicable law. Liability arising from the sale, rental, or lease of equipment is governed by the relevant sale, rental, or lease agreement, and by applicable product liability law, and is not limited by this section except to the extent permitted by law and set out in that agreement.
Some states do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
Indemnity
You agree to indemnify and hold Nexxis harmless from any claim, demand, loss, or damage (including reasonable legal fees) arising out of or in connection with: your breach of this Agreement; your misuse or improper operation of any equipment we supply; your violation of any law, including export control or import law; your infringement of any third party right; or your use of any third party links, websites, apps, or software referenced on our website.
Dispute resolution and governing law
This Agreement, and any dispute arising out of or in connection with it or your use of our website, is governed by the laws of the State of Texas, without regard to its conflict of law principles, and the parties submit to the exclusive jurisdiction of the state and federal courts located in Texas.
If any part of these terms and conditions is unenforceable, it will be severed from this Agreement, and the remaining provisions will remain in full force and effect. Obligations and liabilities in this Agreement survive termination. Our failure to exercise a right, or to enforce a provision, does not waive our ability to do so in future.
Definitions
Claim means any claim, demand, cause of action, or proceeding, whether based in statute, tort, contract, or negligence, and any related costs or fees.
Content on our website means any trademarks, brand names, logos, copy, images, art, graphics, music, audio, video, designs, or other content.
We, us, or our means the applicable Nexxis US entity operating this website (name and confirm entity — see flag below), and includes our offices in Australia, Houston, Texas (USA), and Singapore, and any of our directors, officers, employees, agents, partners, and contractors.