Unless otherwise agreed in writing, these terms will apply to the provision of all Products, Software and Services by Rubicon Systems (refer to clause 23 for Rubicon Water contracting entity). Any terms and conditions contained in your purchase order or otherwise notified to us will apply only if they are specifically accepted in writing by us.
Please refer to Rubicon Water’s standard Licence Agreement available on its website.
In engaging us, you will:
Unless expressly stated by us, Prices quoted or agreed do not include GST or any other sales, value added or any other applicable government tax or duty payable either before or after invoice from us. Such taxes and duties are payable in addition to the Prices.
We will not be liable for any failure to perform or delay in performance of any obligation where such failure or delay is due to anything beyond our reasonable control, including but not limited to adverse weather or terrain, strikes, lockouts and other industrial action, material shortages, failure of any of our suppliers to supply, accidents, power failure, breakdowns of plant or machinery or import or export regulations or embargoes.
Except as expressly stated in these terms and conditions, we will not be liable in contract or otherwise for any loss, damage, expense or injury of any sort whatsoever, consequential, indirect or otherwise, arising out of or in connection with the installation, use or failure of the Products, Software and/or Services sold or any defect in them or from any other cause. You agree to indemnify and hold harmless Rubicon Water and its affiliates and their respective officers, directors, agents, employees, successors, and assigns (collectively, “Indemnified Persons”) from and against any and all claims, demands, actions, causes of action, losses, costs, damages, liabilities and expenses including, without limitation, reasonable legal fees, incurred by any Indemnified Person arising out of any personal injury, death, flooding or property damage that results from your use or operation of Products. This indemnification shall survive any termination of any contract between you and us with regard to the Products. You agree to indemnify and hold harmless the Indemnified Persons from and against any and all claims or liability arising from the flow or lack of flow of water from your irrigation system.
You acknowledge that use of Products that include automated equipment poses potential risks due to the automated operation of that equipment. We recommend that you:
You are solely responsible for securing the area in which any automated equipment is installed and for any injury or damage caused to persons or property by operation of automated equipment.
If part or all of any provision of these terms and conditions or its application to any person or circumstance is illegal or unenforceable the provision will be interpreted so as to ensure it is not illegal or unenforceable. If any provision or part of it cannot be so interpreted, the provision or part of it will be severed from these terms and conditions and the remaining provisions of these terms and conditions continue in force.
|You are domiciled in||Rubicon Water Contracting Entity||Contracting Entity address is||Governing Law is||Applicable Currency is|
|Australia||Rubicon Systems Australia Pty Ltd, an Australian Company||Rubicon Water 1 Cato Street Hawthorn East VIC 3123 Australia||Victoria, Australia||Australian Dollars|
|New Zealand||Rubicon Systems New Zealand Limited||Rubicon Water 18 Kermode Street Ashburton 7700 New Zealand||New Zealand||New Zealand Dollars|
|The United States of America or Canada||Rubicon Systems America Inc, an American Company||Rubicon Water 1501 S. Lemay Avenue, Suite 101 Fort Collins, CO 80524 USA||State of Colorado, United States of America||US Dollars|
|The People’s Republic of China||Rubicon Water Systems (Tianjin) Co. Ltd, a Chinese Company||Room 5-902-B No. 158 Xisan Road Tianjin Free Trade Zone (Airport Economic Area) The People’s Republic of China||The People’s Republic of China||Chinese Yuan|
|Europe excluding Spain||Rubicon Global Pty Ltd, an Australian Company||Rubicon Water 1 Cato Street Hawthorn East VIC 3123 Australia||United Kingdom||Australian Dollars|
|Spain||Rubicon Water, S.L.U., a Spanish Company||C/Melcior de Palau, 131/133 Oficina 4 (Bajos) Barcelona 08014 Spain||Spain||Euro|
|All countries not otherwise specified||Rubicon Global Pty Ltd, an Australian Company||Rubicon Water 1 Cato Street Hawthorn East VIC 3123 Australia||Victoria, Australia||Australian Dollars|
If you violate any license granted by us or violate or infringe upon any of our intellectual property or other proprietary rights, we may institute proceedings either at law or in equity to obtain damages or equitable or injunctive relief to enforce our rights. You acknowledge that monetary damages would not be a sufficient remedy for a breach of a license or violation of our intellectual property or other proprietary rights, and that we shall not be required to prove the inadequacy or insufficiency of monetary damages as a remedy in order to obtain equitable relief. No bond or other form of security shall be required in connection with any such injunctive or other equitable relief.