Contents
- Acceptance Of These Terms
- Definitions
- Eligibility And Business Use
- Scope Of Services
- Quotations And Proposals
- Client Responsibilities
- Site Access And Safety
- Pricing, Invoicing And Payment
- Change Control
- Delivery And Commissioning
- Acceptance Testing
- Warranty
- Intellectual Property
- Confidentiality
- Data Protection
- Third Party Components
- Limitation Of Liability
- Indemnity
- Suspension And Termination
- Acceptable Use Of The Website
- Force Majeure
- Export Compliance
- Governing Law And Disputes
- Contact Information
1. Acceptance Of These Terms
By accessing this website, submitting an enquiry or engaging Hong Kong Flexiv Robotics Technology Limited to provide services, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you should not use the website and should not engage the Company for work.
Where a signed services agreement, statement of work or purchase order exists between you and the Company, that document governs the specific project and prevails over these terms to the extent of any conflict. These terms continue to apply to the website and to any matter not addressed in the project document.
You confirm that you have authority to accept these terms on behalf of yourself and, where you act for an organisation, on behalf of that organisation. If you do not have that authority, you must not accept these terms or submit an enquiry on the organisation behalf.
2. Definitions
In these terms, the Company means Hong Kong Flexiv Robotics Technology Limited, a company operating from Room 1903, 19/F Lee Garden One, 33 Hysan Avenue, Causeway Bay, Hong Kong (HK). The Client means the person or organisation that engages the Company or uses this website.
Services means the robotics integration, industrial automation, workcell design, commissioning, training and support activities described on this website or in a project document. Work product means the drawings, programs, documentation, fixtures, end effectors, cells and other deliverables created or supplied under a project.
Business day means a day other than a Saturday, Sunday or public holiday in Hong Kong. Writing includes email and any other durable method of communication agreed between the parties.
3. Eligibility And Business Use
This website and the Services are intended for businesses, professionals and organisations. They are not directed at consumers acting outside a trade or profession, and they are not directed at children. By using the site you confirm that you are at least the age of majority in your jurisdiction and that you are acting for a legitimate business purpose.
You are responsible for ensuring that your use of the website and the Services complies with the laws that apply to you, including any industry specific rules that govern your operations.
4. Scope Of Services
The Company provides robotics integration and industrial automation services, including adaptive robotic assembly, vision-guided pick and place, force-controlled finishing, robot workcell design, collaborative robot deployment and automation line retrofit. The precise scope for a project is defined in a written proposal and, where applicable, a signed services agreement.
Descriptions of services on this website are provided for general information and do not constitute a binding offer. The Company may decline a project, propose an alternative approach or recommend against automation where the engineering assessment shows that a different solution would serve the Client better.
Where the Company supplies equipment as part of a project, the manufacturer warranty applies in addition to the warranty described in these terms. The Company passes through all transferable warranties it receives and supports the Client in making a claim, but it does not enlarge a manufacturer warranty beyond its original terms.
5. Quotations And Proposals
Quotations are prepared on the basis of the information available at the time of issue, including any survey findings, drawings or samples supplied by the Client. A quotation is valid for thirty days unless it states otherwise, and it may be revised if the underlying assumptions change.
Assumptions recorded in a proposal form part of the basis of the quotation. If an assumption proves incorrect, the Company will notify the Client and propose a variation under the change control process described below. The Client is responsible for reviewing a proposal carefully and raising any discrepancy before accepting it.
An enquiry submitted through this website does not create a contract. A contract arises only when the Company confirms acceptance of an order in writing or when both parties sign a services agreement.
6. Client Responsibilities
The Client agrees to provide accurate and complete information about the process, parts, volumes, tolerances and constraints that the project must address. Where the Client supplies parts or materials for testing, it warrants that those items are safe to handle and are representative of production.
The Client is responsible for obtaining any internal approvals, permits or third party consents needed for the project, for providing timely access to the site and for nominating a decision maker who can resolve technical questions. Delays caused by a failure to meet these responsibilities may affect the schedule and the cost of the project.
The Client must ensure that its own staff and contractors follow the safety rules that apply at the site, and must inform the Company of any hazard, restriction or sensitive condition that could affect the work.
7. Site Access And Safety
Site visits, installation and commissioning take place under the safety rules of the host site. The Company requires a safe working environment, adequate lighting, clear access to the work area and a point of contact who can authorise isolation of equipment and services when required.
The Company may suspend work if conditions are unsafe, if required permits are not in place or if the equipment being modified is live in a manner that cannot be properly controlled. Any resulting schedule adjustment is dealt with under change control, and the Company will resume as soon as it is safe to do so.
8. Pricing, Invoicing And Payment
Pricing is set out in the accepted proposal. Unless stated otherwise, prices are exclusive of taxes, duties, shipping, travel and living costs, which are charged at cost or at the rates stated in the proposal. Engineering work is charged either as a fixed price for a defined scope or as a time and materials rate, as agreed in writing.
Invoices are payable within thirty days of the invoice date unless the proposal states otherwise. The Company may request a deposit or stage payments, particularly where the project requires significant purchases of hardware or long lead items. Late payment may attract interest at the rate stated in the proposal or, if none is stated, at a reasonable commercial rate.
If the Client does not pay an undisputed invoice when it falls due, the Company may suspend work and withhold deliverables after giving written notice. The Client remains liable for work already performed and for commitments already made to suppliers.
9. Change Control
A change to the agreed scope, schedule or specification is handled through a written change request. The Company assesses the impact on cost, lead time and technical risk, issues a revised proposal or variation order, and proceeds only once the Client accepts it in writing.
Work continues unchanged until a variation is accepted. If the Client requests a change that cannot be accommodated safely or technically, the Company will explain the reason and propose an alternative that achieves the underlying objective where one exists.
10. Delivery And Commissioning
Delivery dates are estimates unless expressly stated as fixed in the accepted proposal. The Company will keep the Client informed of progress and of any risk to the schedule, including delays caused by the supply of long lead components.
Commissioning takes place on the Client site and requires the cooperation described in the client responsibilities and site access sections. The Company tunes the cell to real parts, verifies safety functions, provides training and hands over documentation as part of the agreed scope.
11. Acceptance Testing
Acceptance criteria are defined in the proposal, typically as a cycle time for a specified part at a specified quality level. The Company performs a factory acceptance test before shipment where practical and a site acceptance test after commissioning.
The Client is invited to witness the tests and to sign the acceptance record. If a criterion is not met, the Company investigates and rectifies the matter within the agreed scope. A failure caused by incorrect parts, unsuitable incoming material or conditions outside the agreed assumptions is addressed under change control.
If the Client uses the cell for production before formal acceptance, the work is treated as accepted, subject to any snag list recorded in writing.
12. Warranty
The Company warrants that its engineering work will be performed with reasonable skill and care and that the workcell will materially conform to the agreed specification for a period of twelve months from acceptance, unless the proposal states a different period.
The warranty covers defects attributable to the Company design, workmanship or software. It does not cover normal wear items, damage from misuse, modifications made by others without approval, operation outside rated conditions, or failure to follow the maintenance schedule and operating instructions.
The remedy for a valid warranty claim is repair or replacement at the Company discretion, performed within a reasonable time. Travel and accommodation for warranty work are included within the warranty period for the location stated in the proposal, and are chargeable for more distant sites unless agreed otherwise.
13. Intellectual Property
Pre-existing intellectual property remains the property of the party that owned it before the project. This includes the Company background design tools, software libraries, templates and know how, and the Client pre-existing drawings, specifications and data.
The Client receives ownership of the bespoke drawings, fixtures and programs created specifically for its project upon full payment, or a perpetual licence where ownership is not appropriate for embedded third party material. The Company retains the right to reuse generic engineering knowledge, methods and non confidential techniques developed during the project.
The Company retains ownership of this website, its text, its styling and its code. You may not copy, republish or redistribute website content for commercial purposes without written permission, other than incidental quoting with attribution.
14. Confidentiality
Each party may receive confidential information from the other, including technical data, pricing, process details and business plans. The receiving party agrees to use that information only for the purposes of the project, to protect it with reasonable care and not to disclose it to others except to employees, subcontractors and advisers who need to know and who are bound by confidentiality obligations.
These obligations do not apply to information that is already public, that was lawfully known before disclosure, that is independently developed without reference to the confidential information, or that must be disclosed by law. Where disclosure is compelled, the receiving party will give prompt notice where lawful so that protective steps can be considered.
Confidentiality obligations survive completion or termination of the project, and continue for the period stated in the services agreement or, if none is stated, for five years.
15. Data Protection
Each party will comply with the data protection laws that apply to it. The Company processes personal data as described in its Privacy Policy, which is available on this website and forms part of the information provided to users of the site and the Services.
Where the Company processes personal data on behalf of the Client, the parties will put a written arrangement in place that sets out the subject matter, duration, nature and purpose of the processing, the obligations of the Company and the rights of the Client. The Company will implement appropriate security measures for that processing.
If either party becomes aware of a personal data breach affecting the other party data, it will notify the other promptly and cooperate in the investigation and any required notification.
16. Third Party Components
A workcell may incorporate components, software and services supplied by third parties, such as robot arms, sensors, cameras, drives and controllers. Those items are supplied subject to their own licence terms and warranties, and the Company will identify the significant third party items in the proposal.
The Company is not responsible for a defect that originates in a third party component, but it will support the Client in pursuing a claim and may carry out the practical work of replacement or rework under a separate arrangement.
17. Limitation Of Liability
To the fullest extent permitted by law, the Company is not liable for indirect or consequential loss, loss of profit, loss of production, loss of business opportunity or loss of data, however arising and whether or not the possibility of such loss was known at the time of contracting.
The total liability of the Company arising out of or in connection with a project is limited to the amount paid by the Client for the services giving rise to the claim, or the amount stated in the services agreement, whichever applies. Nothing in these terms excludes liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence.
The Client is responsible for maintaining adequate insurance for its own property, production and business interruption, and for ensuring that the operation of a workcell is supervised in accordance with training and instructions provided by the Company.
18. Indemnity
The Client agrees to indemnify the Company against claims, losses and reasonable costs arising from materials, designs or instructions supplied by the Client, from the Client failure to comply with the responsibilities set out in these terms, and from the use of a workcell outside the agreed specification or training.
The Company agrees to indemnify the Client against claims that the Company background intellectual property, used as supplied, infringes the rights of a third party, provided the Client promptly notifies the Company and allows the Company to control the defence. This indemnity does not apply to infringement caused by modification of the work by the Client or by combination with items not supplied by the Company.
19. Suspension And Termination
Either party may terminate a project for convenience by giving thirty days written notice, subject to settlement for work performed, commitments made and deliverables supplied up to the termination date. Either party may terminate immediately if the other commits a material breach that is not remedied within a reasonable period after written notice, or becomes insolvent.
On termination, the Client pays for all work carried out and for non cancellable commitments properly incurred. The Company hands over work product for which payment has been received, and both parties return or destroy confidential information as directed, subject to any legal retention obligation. Clauses that by their nature should survive termination, including confidentiality, intellectual property, liability and governing law, continue in force.
20. Acceptable Use Of The Website
You agree to use this website lawfully and not to interfere with its operation. In particular, you must not attempt to gain unauthorised access to any part of the site or its underlying systems, introduce malicious code, scrape content at a volume that degrades service for others, or use the enquiry form to send spam, unlawful material or content that infringes the rights of others.
The Company may restrict or block access where it reasonably believes that use of the site is unlawful, harmful or disruptive. Website content is provided as is and may be updated, corrected or removed without notice. The Company does not warrant that the site will be uninterrupted or error free.
21. Force Majeure
Neither party is liable for a failure or delay in performance caused by an event beyond its reasonable control, including natural disaster, epidemic, war, civil unrest, industrial action, failure of utilities or transport, government action or a widespread shortage of components. The affected party will notify the other promptly and will take reasonable steps to mitigate the effect.
If a force majeure event continues for a prolonged period, either party may terminate the affected project by written notice, and the Client pays for work performed and commitments properly incurred up to that date.
22. Export Compliance
The Company supplies robotics technology that may be subject to export control and sanctions rules in Hong Kong and in other jurisdictions. The Client agrees to comply with those rules and confirms that it is not a restricted party and will not use supplied technology for a prohibited purpose or end user.
The Client will provide the information the Company needs to assess an export or re-export, and will not transfer supplied items or technical data to a third country or party in breach of applicable controls. The Company may suspend performance where a required authorisation is not granted.
23. Governing Law And Disputes
These terms and any dispute arising out of or in connection with them are governed by the laws of Hong Kong. The parties submit to the exclusive jurisdiction of the courts of Hong Kong, without prejudice to any right to seek interim relief in another jurisdiction where assets or evidence are located.
Before commencing proceedings, the parties will attempt in good faith to resolve a dispute through discussion between senior representatives. If the dispute is not resolved within thirty days, the parties may proceed in court or agree to another form of dispute resolution.
If any provision of these terms is held to be invalid or unenforceable, the remaining provisions continue in full force, and the invalid provision is replaced by a valid provision that best reflects the original intention.
24. Contact Information
Questions about these Terms of Service, requests for clarification and formal notices should be sent to the Company by email at support@flexivrobotics.buzz or by telephone on +15159122657. Written correspondence may be addressed to our office.
Hong Kong Flexiv Robotics Technology LimitedRoom 1903, 19/F Lee Garden One, 33 Hysan Avenue, Causeway Bay, Hong Kong (HK)
These Terms of Service are published for information and to govern the relationship between Hong Kong Flexiv Robotics Technology Limited and its Clients. They do not create rights for any third party.
For details of the services that these terms apply to, see the services page. For practical contact details and business hours, see the contact page, or return to the homepage.