Terms of sale.

01About these terms

1.1 These terms are between you, the customer named on the proposal, and Wonder Byte Technology Pty Ltd (ACN 649 247 156, ABN 76 649 247 156) trading as Wonder Robotics, of 365 St Pauls Terrace, Fortitude Valley QLD 4006 (we, us).

1.2 They apply to every quote, proposal and order for goods (machines, robots, parts) and services (design, branding, website, engineering, fit-out, software, installation, training and maintenance).

1.3 If your proposal, a signed agreement or a maintenance plan says something different, that document applies to that point. Your own purchase terms do not apply unless we agree in writing.

1.4 Nothing in these terms takes away a right you have under the Australian Consumer Law or any other law that cannot be excluded. Every limit in these terms applies only as far as the law allows.

02Quotes and prices

2.1 Equipment is quoted installed: delivered within 100 km of an Australian port, positioned and commissioned. The service is quoted at the rates in section 19. Design and build work is indicative until we have seen your site, and becomes fixed when we confirm it in writing.

2.2 A quote or proposal is valid for 30 days. Prices are in Australian dollars and exclude GST unless shown otherwise.

2.3 Machines are imported. If the supplier's price, freight, duty or the exchange rate moves by more than 5% before your order is accepted, we may revise the quote, and you may withdraw without cost.

2.4 A package is priced by the same rules as any quote. If part of it is removed, the price changes by that part, and where the part is a machine or a robot, by its share of the service.

2.5 We do not sell equipment on its own. Every order includes the service in section 19 for its minimum term, whether you pay for the equipment upfront or finance it.

03Orders and payment

3.1 An order is accepted when we confirm it in writing and receive the deposit.

3.2 Unless your proposal says otherwise, you pay:

• 50% of the equipment price and 30% of the design and build work on acceptance, because machines are built to order and we pay the manufacturer on order;
• 40% of the equipment price and 40% of the design and build work before the machines leave the factory;
• the balance on commissioning, within 7 days of invoice;
• the service monthly in advance, from commissioning.

3.3 Other invoices are due within 14 days. On an overdue amount we may charge interest at the Reserve Bank cash rate plus 6% a year, calculated daily, and may pause work until it is paid, after giving you 7 days written notice. Pausing does not change what you owe.

3.4 Reasonable costs of recovering an overdue amount, such as collection agency and legal fees, are payable by you.

3.5 If you finance the equipment, the lender's contract sets the deposit, the repayments, when GST is paid and when the equipment becomes yours, and the lender pays us for the equipment. The service is not financed: you pay it to us under these terms. Finishing the service term does not by itself transfer ownership of financed equipment. We are not a lender or a credit broker, and we will tell you in writing if we receive anything for introducing you to one.

04Changes and cancellation

4.1 You can ask for a change at any time. We will tell you in writing what it does to the price and timing before we do it.

4.2 You can cancel before we have placed the machine order with the manufacturer, and we refund your deposit less the cost of work already done.

4.3 Once machines are ordered they are made for you and cannot be returned. If you cancel after that point, you pay our actual costs incurred and committed (the manufacturer's non-refundable deposit, freight booked, work done, materials bought) plus an administration fee of 5% of the cancelled order, as a genuine estimate of our loss. We refund anything paid above that.

4.4 We can cancel an accepted order only if you do not pay an amount 30 days after it is due, or you become insolvent. We will give you 14 days written notice first, and the same cost rule in 4.3 applies.

4.5 If you end the service before its minimum term, other than because we have breached these terms, you pay the service fees for the rest of the term less the costs we save by not providing it, as a genuine estimate of our loss.

05Your site

5.1 Before the install date you make sure the site is ready as set out in our site requirements: clear access for the machines, the agreed power supply, water supply with the specified filtration, drainage, extraction where needed, and any approvals from your landlord, council or building manager.

5.2 If we arrive as agreed and the site is not ready, or our team cannot start or finish for a reason within your control, we charge waiting time and any return visit at $180 an hour, two hours minimum.

5.3 Existing services or building conditions we could not reasonably have seen at the site survey, such as asbestos, structural faults or non-compliant wiring, are outside the price and quoted before we deal with them.

06Delivery, risk and storage

6.1 Machines are delivered duty unpaid within 100 km of an Australian port. Beyond that, delivery is quoted. Delivery times are estimates, about two months from order, and depend on the manufacturer and shipping.

6.2 Risk in the goods passes to you when they are delivered to your site or, if you collect, when collected. Insure them from then.

6.3 If you ask us to delay delivery or the site is not ready, we will store the goods for 14 days at no charge. After that you pay reasonable storage and handling, and the goods are held at your risk.

07Ownership until paid

7.1 The goods remain ours until you have paid for them in full. Until then you hold them for us, keep them insured and identifiable, and do not sell or encumber them.

7.2 These terms create a security interest in the goods under the Personal Property Securities Act 2009 (Cth), which we may register. You agree to sign anything we reasonably need to perfect it, and, as far as the law allows, you waive your right to receive a verification statement and the notices under sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135 and 143 of that Act.

7.3 If an amount stays unpaid 30 days after it is due and we have given you 14 days written notice, you allow us to enter the site during business hours to disconnect and recover goods not paid for, doing no more damage than necessary.

08Install, commissioning and training

8.1 We place and connect the machines, program the menu, run them and train the staff you nominate. Commissioning is complete when the machines have run the agreed menu through the agreed acceptance checklist, or when you begin trading with them, whichever is first. Output is measured on your menu at commissioning. We do not promise a rate before then.

8.2 Before handover we carry out a risk assessment of the installed robot application, including guarding and interlocks, and give you the report and the operating manual.

8.3 Only staff who have completed our training, or training given by someone we have trained, should operate or clean the machines. You keep a record of who is trained. The service includes two operator training sessions; further sessions of up to two hours are $350 each.

10Safety

10.1 Once the machines are handed over, you are the business operating them and have the main duty of care for the people working with and near them under the Work Health and Safety Act 2011 (Qld). We keep our own duties as the importer, supplier and installer. Neither of us can hand our duties to the other, and nothing in these terms tries to.

10.2 You will make sure a new risk assessment is done before any change to the machines, their guarding, their layout or the tasks they perform, and we will cooperate with you on it. We can do it at our published rates.

10.3 Each of us will tell the other promptly about any incident, near miss or safety concern involving the machines.

11Food safety and hygiene

11.1 You are the food business. You are responsible for food safety, cleaning and sanitising the food contact parts, allergen handling and any records required by the Food Standards Code, including Standards 3.2.2 and 3.2.2A, and by your local council.

11.2 We supply the machines fit for food service and the cleaning instructions for them. A food safety failure caused by the machines not being cleaned or operated as instructed is not a defect in the machines.

12Warranty and repair cover

12.1 We warrant the machines against defects in materials and workmanship for 12 months from commissioning. If a covered defect appears, we will repair the machine or, if repair is not practical, replace the faulty part, at no charge for parts or labour.

12.2 While the service in section 19 runs, we also repair faults that arise in normal use for its full 24 month term, at no extra charge for parts or labour. This is our service cover, not an extension of the manufacturer's warranty. On-site attendance in our local service zone, within 100 km of 365 St Pauls Terrace, is included; beyond it, travel is quoted.

12.3 To claim, contact us on 1800 983 404 or info@wonderbytech.com, describe the fault, and give us reasonable access to the machine. You bear your own costs of making a claim. We aim to acknowledge a critical outage within four business hours and a routine enquiry within one business day, and, after diagnosing it remotely, to attend on site within two business days in our local service zone. These are targets, not guaranteed repair times.

12.4 This warranty and cover are in addition to your rights under the Australian Consumer Law.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

12.5 Design, fit-out, software and installation work is guaranteed to be done with due care and skill. If it is not, we will fix it.

14Call-outs we charge for

14.1 A call-out or repair is charged at $180 an hour, two hours minimum, with parts and travel extra, where the fault is one of those in section 13, where we attend and find no fault with the machine, or where you ask for on-site attendance outside the service hours.

14.2 Where we can tell before attending that a call-out is likely to be chargeable, we will say so and give you an estimate first. If the cause is only clear once we are there, we will tell you before doing chargeable work beyond the diagnosis.

15Our liability

15.1 Where the machines are not of a kind ordinarily acquired for personal, domestic or household use, and as far as the Australian Consumer Law allows, our liability for a failure to comply with a consumer guarantee is limited to, at our choice, repairing or replacing the goods or paying the cost of doing so, or supplying the services again or paying the cost of doing so.

15.2 As far as the law allows, we are not liable for loss of profit, revenue, trade or data, or any indirect or consequential loss, and our total liability for anything arising from an order is limited to the price paid for that order.

15.3 Nothing in this section limits liability for death or personal injury caused by our negligence, for fraud, or where the law does not allow it to be limited.

16Loss caused by misuse

16.1 You are responsible for, and will reimburse us for, reasonable loss and costs we incur because of a claim by someone else to the extent it was caused by you, your staff or your contractors not complying with sections 9, 10 or 11.

16.2 This does not apply to the extent the loss was caused by our own negligence, breach of these terms or breach of the law.

17Software, updates and data

17.1 We license you to use the software supplied with the machines and built by us, for operating your venue, while the service runs. After it ends, the machines keep the functions their own licence allows; managed ordering, hosting and monitoring stop unless you continue the managed service in 19.5. The software itself remains ours or our licensors'.

17.2 We may install updates that fix faults, improve safety or keep the machines working with payment and ordering systems. Where an update changes how you operate, we will tell you first.

17.3 With your permission, the machines connect to us remotely for monitoring, updates and support. We will not use remote access to stop a machine you have paid for because of a payment dispute.

17.4 Sales and customer data from your venue is yours. We use operating data from the machines to support and improve them, and handle personal information as the Privacy Act 1988 (Cth) requires.

18Design and brand work

18.1 Once you have paid for it in full, you own the final brand, artwork and website design we create for you, and we assign our rights in them to you. Drafts, concepts not chosen, our templates, tools and underlying code remain ours.

18.2 You confirm that material you give us, such as logos, photographs and text, is yours to use, and you license us to use it for your job.

18.3 We may show the finished work, the machines and the venue in our portfolio and marketing, unless you ask us in writing not to before the work is complete.

19The service

19.1 The service runs for at least 24 months from commissioning and is billed monthly. For a kitchen it is $2,000 a month for the first workstation, $1,000 for each further workstation, and $500 for each delivery or reception robot. A delivery or reception robot on its own has the package rate shown on its proposal.

19.2 It includes the robots and the ordering screen in your venue's colours and artwork, with two rounds of revisions; installation and integration, including one supported payment system; commissioning, two operator training sessions, cleaning and fault guides and an acceptance checklist; remote monitoring, software updates, quarterly preventative checks, on-site servicing every six months and the repair cover in section 12; and support from 8am to 6pm, Monday to Friday, Brisbane time, excluding public holidays.

19.3 You can add extended-hours remote support at $500 a month for a venue, an extra design round at $500, another supported POS or payment system at $2,000, and an extra training session at $350. Extra batteries, docks, screens and spares are quoted.

19.4 The service does not include physical fit-out, building works or utility upgrades, new custom integrations, on-site attendance outside the service hours, replacement loan units, or the faults in section 13. We quote these before doing the work.

19.5 After 24 months you choose. You can continue a managed service at $600 a month for a kitchen and $250 for each further device, or $100 a month for a CadeBot and $250 for a Cruzr 1S on its own, covering cloud access, updates, remote support and one preventative visit a year, with parts and further repairs quoted. Or you can run the equipment yourself: we hand over its configuration and data, and you call us when needed at $180 an hour, two hours minimum, parts and travel extra. Either of us can end a continued managed service with 30 days written notice.

20Events outside our control

20.1 Neither of us is liable for delay or failure caused by events outside our reasonable control, such as manufacturing or shipping delays, customs holds, natural disasters, pandemics, or industrial action. We will tell you promptly and work to limit the delay. If the delay runs more than 90 days, either of us may cancel the affected part of the order, and we refund money paid for goods and services not yet supplied, less costs already committed under 4.3.

21General

21.1 These terms, with your proposal and any signed agreement, are the whole agreement about your order.

21.2 If a part of these terms is unenforceable, it is read down or removed and the rest continues.

21.3 Notices are given in writing by email to the addresses on the proposal.

21.4 We may update these terms for future orders. The version in place when your order is accepted applies to that order.

21.5 These terms are governed by the law of Queensland, and each of us submits to the courts of Queensland.

Wonder Robotics, 365 St Pauls Terrace, Fortitude Valley QLD 4006 · 1800 983 404 · info@wonderbytech.com