General Terms and Conditions

Rosch Computer Pty Ltd (Australia)

1. Scope of Application

These General Terms and Conditions (“Terms”) apply to all contracts, deliveries and services provided by Rosch Computer Pty Ltd, ABN 83689768723, Principal Place of Business: 75 Larnook Crescent, Aspendale VIC 3195, Australia (“Rosch”), to its customers.

These Terms apply exclusively to business customers (B2B). Customers confirm that they act in the course of a business, trade or profession. Consumer transactions within the meaning of the Australian Consumer Law are excluded.

Any conflicting or deviating terms of the customer do not apply unless expressly agreed in writing by Rosch.

2. Contracting Party

Rosch Computer Pty Ltd
ABN 83689768723
75 Larnook Crescent
Aspendale VIC 3195
Australia

Phone: +61 400 832 727
Email: enquiry@rosch-computer.com.au

3. Subject of the Contract

The subject of the contract is defined by:

these Terms,
the written quotation,
the order confirmation issued by Rosch, an
d referenced technical documentation.

Products and services are provided solely for the contractually agreed purpose. Any other use requires Rosch’s prior written consent.

4. Formation of Contract

Quotations issued by Rosch are non-binding, unless expressly stated otherwise.

A contract is concluded only upon written order confirmation by Rosch (email sufficient).

Verbal agreements or assurances require written confirmation to be legally binding.

5. Prices and Payment Terms

Unless agreed otherwise:

Prices are ex works / ex warehouse, exclusive of freight, insurance, duties, taxes and charges.
Prices are stated net, excluding GST (if applicable).
Packaging, shipping and insurance are charged separately.

Payment terms:

Invoices are payable within 14 days from invoice date.
Rosch reserves the right to require advance payment, especially for new customers or custom products.
Late payments may incur interest and recovery costs as permitted by law.

Due to market volatility, Rosch reserves the right to adjust prices prior to order confirmation.

6. Delivery and Risk Transfer

Delivery dates are estimates unless expressly confirmed in writing.

Risk of loss or damage passes to the customer upon dispatch from Rosch’s warehouse or supplier.

Rosch is not liable for delays caused by:

supplier shortages,
force majeure,
transport disruptions,
regulatory or market-related constraints.

Partial deliveries are permissible.

7. Retention of Title

Title to delivered goods remains with Rosch until full payment of all outstanding amounts.

Until title passes, the customer must:

store goods securely,
insure them against loss or damage,
not pledge or encumber them.

Rosch may repossess goods in case of payment default.

8. Customer Obligations

The customer is responsible for:

ensuring suitable environmental and technical conditions,
compliance with installation and operating instructions,
use by qualified personnel only.

The customer indemnifies Rosch against claims arising from improper use, integration or modification of the products.

9. Warranty

Products are warranted in accordance with the manufacturer’s warranty terms, unless otherwise agreed.

The customer must inspect goods immediately upon receipt and notify defects without undue delay.

Warranty does not cover:

normal wear and tear,
misuse or improper handling,
unauthorised modifications,
environmental influences outside specifications.

Rosch may, at its discretion, repair or replace defective goods.

10. Limitation of Liability

To the maximum extent permitted by law:

Rosch is liable only for wilful misconduct and gross negligence.
Liability for indirect, consequential or economic losses is excluded.
Liability is limited to the contract value of the affected goods or services.

Nothing in these Terms excludes, restricts or modifies any non-excludable rights or remedies under the Australian Consumer Law (ACL).

11. Compliance and Disposal

The customer is responsible for:

compliance with local regulations,
proper disposal or recycling of products after use,
all associated costs and obligations.

Rosch assumes no take-back or disposal obligations unless expressly agreed in writing.

12. Governing Law and Jurisdiction

These Terms and all contracts are governed by the laws of the State of Victoria, Australia.

Exclusive jurisdiction lies with the courts of Victoria.

13. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force. The invalid provision shall be replaced by a lawful provision closest to its economic intent.

14. Final Provisions

Amendments or supplements must be made in writing (email sufficient).

These Terms constitute the entire agreement unless expressly supplemented by written agreement.

Version: December 2025