Terms & Conditions
WEBSITE TERMS AND CONDITIONS
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. See below for our Terms and Conditions of Sale.
License to use website
Unless otherwise stated, Paradise Robotics and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website)
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website, except for content specifically and expressly made available for edit, such as the community forum; or
- redistribute material from this website, except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organization, unless otherwise permitted.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Paradise Robotics’ express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Paradise Robotics’ express written consent.
Access to certain areas of this website is restricted. Paradise Robotics reserves the right to restrict access to areas of this website, or indeed this entire website, at Paradise Robotics’ discretion.
If Paradise Robotics provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Paradise Robotics may disable your user ID and password in Paradise Robotics’ sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Paradise Robotics a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Paradise Robotics the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Paradise Robotics or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Paradise Robotics reserves the right to edit or remove any material submitted to this website, or stored on Paradise Robotics’ servers/third-party servers, or hosted or published upon this website.
Notwithstanding Paradise Robotics’ rights under these terms and conditions in relation to user content, Paradise Robotics does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. Paradise Robotics makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Paradise Robotics does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
Paradise Robotics will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Paradise Robotics has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Paradise Robotics’ liability in respect of anymatter which it would be illegal or unlawful for Paradise Robotics to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Paradise Robotics has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Paradise Robotics’ officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Paradise Robotics’ officers, employees, agents, partners, subsidiaries, successors, assigns and sub-contractors as well as Paradise Robotics.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Paradise Robotics and undertake to keep Paradise Robotics indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Paradise Robotics to a third party in settlement of a claim or dispute on the advice of Paradise Robotics’ legal advisers) incurred or suffered by Paradise Robotics arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Paradise Robotics’ other rights under these terms and conditions, if you breach these terms and conditions in any way, Paradise Robotics may take such action as Paradise Robotics deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Paradise Robotics may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Paradise Robotics may transfer, sub-contract or otherwise deal with Paradise Robotics’ rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and Paradise Robotics in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with United States of America, the State of Illinois law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Illinois.
Registrations and authorizations
Paradise Robotics’ details
The full name of Paradise Robotics is Moselco Inc DBA Paradise Robotics.
Paradise Robotics’ mailing address is PO Box 8072 Algonquin IL 60102
TERMS AND CONDITIONS OF SALE
These terms and conditions govern your purchases from us through this web site, via email, by phone, in person, via a social media platform and all other means. If you disagree with these terms and conditions or any part of these terms and conditions, you must not make your purchase from us.
All quotations and sales by Moselco, Inc. dba Paradise Robotics, its subsidiaries, or affiliates ("Seller") to you (“You” or “Your”) are subject to these terms and conditions (“Terms”). These Terms are deemed an offer and a rejection of any other terms or conditions contained in any of Your documents (which, if construed to be an offer, is hereby rejected). This transaction with Seller is expressly made conditional on Your assent to the Terms set forth below, which are binding to the exclusion of any additional or different terms contained in any other document, any course of dealing or performance, and any trade custom or usage. Your acceptance of any product or service will manifest Your assent to these Terms.
1. Terms of payment are a) prepaid or b) net 30 days from invoice date; prices do not include any taxes, freight, handling, duty, tariffs, or other similar charges, payment of which will be solely Your responsibility unless otherwise indicated in writing. Terms of payment, prepaid vs net 30, are defined by customer type and will be disclosed at the time of your purchase. Purchases made via https://paradiserobotics.com are prepaid. Prices are conditioned upon timely payment, and any past due balance will accrue interest at the monthly rate of 1.5%. ALL PRICES SHOWN ARE "CASH DISCOUNT PRICES" AND REFLECT A 3% DISCOUNT FOR PAYMENT MADE BY CASH, COMPANY CHECK, BANK MONEY ORDER, CERTIFIED CHECK, OR WIRE TRANSFER. PAYMENT BY ANY OTHER MEANS MAY NOT QUALIFY YOUR PURCHASE FOR THE CASH DISCOUNT PRICE. Freight and handling charges may not reflect actual costs. Seller reserves the right to modify any payment terms prior to shipment, require payment in advance, or delay/cancel any shipment or order for any reason (including Your creditworthiness). For a transaction with periodic or scheduled invoicing, in the event of non-payment or early termination, Seller may accelerate and declare all sums due and to become due under the transaction immediately payable without notice or demand.
2. If product to be purchased requires installation, Seller reserves the right to qualify You as a "DIY" (Do it Yourself) purchaser which includes deciding whether You are qualified to analyze, install and maintain one of our products and deciding whether Your analysis of the product model for the installation location is adequate. If Seller determines You are not qualified or the selected product is inappropriate for the installation location, Seller reserves the right to: a) cancel your order b) request You identify a person who is qualified to install and maintain the product c) perform a new analysis at an agreed-upon cost after which, the product model selected by You may be changed to a different model and d) any combination of a) through c). After the installation is completed, the following terms may be instituted: a) In the event a repair is required, Seller may require product to be shipped to Seller's location for warranty service. Transit costs will be at Your expense. b) If a) cannot be fulfilled for any reason, the only remedy is to bring or ship product to an authorized dealer for warranty service. Seller will not a) travel to your location to analyze the problem or to repair the product b) authorize a return because of Your refusal to bring or ship product to Seller or to an authorized dealer.
3. Seller reserves the right to require purchase or proof of purchase of authentic manufacturer components for products in which portions are sold separately, including but not limited to, wire for robot mowers. Seller's remedies can be: order cancellation, return refusal, requiring re-installation using the manufacturer's specified wire, refusing continued support for robot malfunctions that may be caused by the use of alternate wire, prepayment for parts during the warranty period, refusal to process warranty claims with the manufacturer.
4. Shipment terms are FCA Seller's facility (INCOTERMS 2020), and Seller may select a carrier. Seller's responsibility for any loss or damage ends, and title passes, when products (including software, hereafter, “Products”) are tendered or delivered to the carrier, to You, or to Your agent, whichever occurs first. You shall pay for storage charges if Seller holds Products at Your request for up to a maximum of 60 days, and You agree to accept delivery or tender of Products upon completion of such period. Seller retains a purchase money security interest in Products sold to You and in the proceeds of any resale of such Products until Seller’s invoices to You have been paid in full.
5. For 30 days after delivery, Seller warrants Products assembled or customized by Seller against defects caused solely by faulty assembly or customization. Seller warrants that any services performed exclusively by it are performed in accordance with manufacturer specifications or instructions. To the extent provided by Seller’s supplier(s) (“Supplier(s)”), Products, services, and the components and materials utilized in any assembled or customized Products or services are subject to Supplier’s standard warranty, which is expressly in lieu of any other warranty, express or implied, by Seller or Supplier. Your exclusive remedy, if any, under these warranties is limited, at Seller's election, to: (a) refund of Your purchase price, (b) repair by Seller or Supplier(s)of any Products or services found to be defective, or (c) replacement of any such Product or reperformance of any services. If there is no Supplier warranty, You take all such Products and services “as-is” without any warranty. You acknowledge that except as specifically set forth herein, THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND BY SELLER, EXPRESS OR IMPLIED, AS TO THE CONDITION OR PERFORMANCE OF ANY PRODUCTS OR SERVICES, THEIR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NONINFRINGEMENT, OR OTHERWISE. SELLER ASSUMES NO RESPONSIBILITY OR LIABILITY FOR SUPPLIERS’ PRODUCT OR SERVICE SPECIFICATIONS OR THE PERFORMANCE OR ADEQUACY OF ANY DESIGN OR SPECIFICATION PROVIDED TO SELLER.
6. Seller’s rights and remedies will be cumulative and not exclusive. You are responsible for all losses, costs, and expenses, including attorney’s fees, incurred by Seller in collecting any sums You owe. Seller will have the right to offset against any amounts owed by Seller to You. Seller further reserves the right to suspend or terminate access to products or services, and such suspension or termination by Seller does not modify the amounts due under the transaction. These Terms and any matter arising out of or related thereto are governed solely by the laws of the State of Illinois, without regard to its conflict of law principles. No provisions of the United Nations Convention on Contracts for International Sale of Goods, including any amendments thereto, will apply. Any proceeding arising out of or related to this Agreement must be commenced in any court of competent jurisdiction located in Kane County in the State of Illinois. The parties hereby submit to the exclusive jurisdiction of such court and waive (a) any right to a jury trial and (b) defense of lack of personal jurisdiction in such court. EACH OF THE PARTIES IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION THAT THEY MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH PROCEEDING IN SUCH COURTS AND ANY CLAIM THAT ANY SUCH PROCEEDING BROUGHT IN ANY SUCH COURTS HAS BEEN BROUGHT IN ANY INCONVENIENT FORUM. Each party agrees that a final judgment in any such proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
7. Products or services are deemed accepted by You unless You notify Seller of shortages, damage, or defects in writing within 15 days of delivery of Products or performance of services. All returns or refunds must comply with Seller’s returns or refunds policy posted on Seller's website (https://paradiserobotics.com). If You refuse to accept tender or delivery of any Products or return any Products without authorization from Seller, Seller shall hold such Products awaiting Your instructions for 20 days, after which Seller may deem the Products abandoned and dispose of them without crediting Your account. You warrant that any Products returned are the original Products Seller shipped to You and are unaltered.
8. Seller will not be liable for any damages due to any failure or delay in its performance as result of any events beyond its reasonable control. In its sole discretion, Seller may allocate, defer, delay, or cancel the shipment of any Product without liability.
9. Except for the exclusive warranty in paragraph 3, NEITHER SELLER NOR SUPPLIER(S) WILL HAVE ANY LIABILITY OR OBLIGATION TO YOU OR ANY OTHER PERSON FOR ANY CLAIM, LOSS, DAMAGE, OR EXPENSE CAUSED IN WHOLE OR IN PART BY (a) ANY INADEQUACY, DEFICIENCY, OR DEFECT IN ANY PRODUCTS OR SERVICES (WHETHER OR NOT COVERED BY ANY WARRANTY), (b) THE USE OR PERFORMANCE OF ANY PRODUCTS OR SERVICES, OR (c) ANY FAILURE OR DELAY IN SELLER'S PERFORMANCE HEREUNDER, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, COST OF REPLACEMENT GOODS OR SERVICES, REWORK, LOSS OF DATA, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, INCLUDING VIA SELLER’S OR SUPPLIER’S NEGLIGENCE, WHETHER OR NOT YOU HAVE INFORMED SELLER OF THE POSSIBILITY OR LIKELIHOOD OF ANY SUCH DAMAGES. IN NO EVENT WILL SELLER’S LIABILITY, REGARDLESS OF BASIS, EXCEED THE PRICE PAID FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM.
10. Notwithstanding paragraph 3, the performance of any value added service may void Supplier’s warranty. Orders incorporating such services may become non cancelable and the Products non returnable. Any third-party value added service provider is deemed to be Your agent. Seller will have no liability for any technical advice offered or given.
11. All rights in intellectual property owned or licensed by Seller or Supplier are hereby reserved and deemed restricted or limited. Seller makes no representation or warranty with respect to such rights and will have no liability in connection with them. You agree to comply with all requirements with regard to any intellectual property (including any requirement to enter into a separate license agreement and prohibitions against duplicating, reverse engineering, or disclosing the same), even if Seller has broken the seal on any “shrink wrapped” software. If You provide Seller with any intellectual property, You represent and warrant that You have all necessary legal rights to provide such intellectual property, and Seller’s use or sale of such intellectual property will not infringe the proprietary rights of any third party. You shall indemnify Seller against and defend and hold it harmless from all liability, cost, or expense arising out of or relating to any (a) breach or alleged breach of these terms and conditions, (b) allegation or claim, including infringement claims, that arise from Your use of Products or services in combination with other Products or services, or (c) alleged or actual infringement of any intellectual property rights provided by You to Seller.
12. None of Your orders may be cancelled, rescheduled, reconfigured, or assigned without Seller's prior written authorization, and in such event, You will be liable to Seller for any additional costs and expenses incurred by Seller. Prices are subject to change by Seller for any reason, including (a) upon Your rescheduling or reconfiguration of orders, or (b) in response to Supplier’s price increases or if a price has been quoted in error, whereupon You may cancel the undelivered portion of any affected order by delivering written notice to Seller prior to the shipment thereof and within 10 days of Your receipt of notice of the price increase. Seller may assign its accounts receivable. In order to defray the cost of Your account administration, any amount owed to You which remains unclaimed by You for a period of 12 months will become the property of Seller. If a delay is caused by You, Seller reserves the right to apply a penalty.
13. If any term or provision set forth herein is deemed to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a court determination that any term or provision is invalid, illegal, or unenforceable, the court may modify these terms and conditions to affect our original intent as closely as possible in order that the transactions contemplated hereby be consummated to the greatest extent possible as originally contemplated.
14. These Terms are subject to change and are effective upon Seller posting the updated Terms to its website (available at https://www.paradiserobotics.com/terms-conditions).
Version: TAC_v01 published Mar 15, 2022
Paradise Robotics’ details
The full name of Paradise Robotics is Moselco Inc DBA Paradise Robotics.
Paradise Robotics’ mailing address is PO Box 8072 Algonquin IL 60102