All purchases of products (the ‘Products’) listed in a product catalog, including web based catalog, (the ‘Catalog’)of MISUMI South East Asia Pte Ltd ( ‘MISUMI’) will be governed by these Terms and Conditions of Sale (the ‘Terms and Conditions’). All purchasers who utilize the Catalog and web order service (the ‘Service’) shall strictly adhere to these Terms and Conditions, unless otherwise set forth in a signed statement by an authorized representative of MISUMI.
Article 1 Registration
- 1. To use the Service, the customer shall complete the customer registration procedures of MISUMI. After the customer has completed the customer registration application procedures in a manner specified by MISUMI and has been approved as a customer meeting the standards prescribed by MISUMI, MISUMI will issue a Customer Number and the customer will become a customer (the ‘Customer’).
- 2. MISUMI may deny approval of an application to register as a customer of MISUMI for any of the following reasons.
(1) The Customer is not registered as a corporation;
(2) The Customer has already registered;
(3) The Customer’s principal place of business or postal address as of the time of the customer registration procedures is outside of South East Asia, Middle East and Oceania Region.
(4) It becomes evident that the Customer has had its customer registration revoked in the past;
(5) Any of the details in the customer registration application are untrue;
(6) It is evident that customer is a distributor, or intends to resell.
(7) Any other matter that MISUMI deems to be appropriate to consider for approval of customer registration.
- 3. When ordering the Products, the Customer shall provide the Customer Number issued to it at the time of registration as a customer under this Article 1.
- 4. MISUMI will notify the Customer by facsimile or by email of sales campaigns and other matters when sending the Catalog or other materials, MISUMI will not send such information to the Customer if the Customer so requests.
Article 2 Details of the Service
- 1. The Customer may purchase the Products listed in the Catalog using the Service subject to the provisions of these Terms and Conditions and the terms set out in the Catalog (including, without limitation, specifications, price, delivery date, and terms of use). Please be aware, however, that because of the nature of the Products, the Customer’s business or other standards prescribed by MISUMI, or at the discretion of the original manufacturer or MISUMI, some of the Products may be removed from the Service without prior notice or warning.
- 2. The Service is provided within South East Asia, Middle East and Oceania Region (excluding Thailand and India). This does not apply to areas where deliveries cannot be made. Please direct any queries on the service areas to MISUMI.
Article 3 Ordering the Products
- 1. The Customer may apply to purchase the Products using the following methods as set out in the Catalog. Provided, however, that MISUMI may restrict the ordering method depending on special orders or the type or quantity of the Products ordered. The date and time MISUMI may receive an order are set out in the Catalog. Please note that it may not be possible to use the following methods depending on the country.
(1) Internet orders: fill in the required fields in the web site of MISUMI www.misumi.com.sg. Please consult MISUMI for details on how to use the web site.
(2) Facsimile orders: fill in the required fields on the order sheet specified by MISUMI and send the order sheet to the fax number specified by MISUMI.
- 2. Orders made by the Customer shall become effective upon receipt of the order by MISUMI at MISUMI's location in Singapore under Article 3.1. If there is any disruption in transmission of the Customer’s data due to a problem with any telecommunication service or any of the details required for the order are missing, the order shall not be deemed effective. In this case, MISUMI shall not be liable in any way for the Customer not being able to purchase the Product or any damages arising in connection therewith.
- 3. Orders made by the Customer will constitute a sales agreement upon receipt of the order by MISUMI under Article 3.1. Provided, however, that this will not apply if MISUMI notifies the Customer that it declines the order immediately after receiving the order. In this case, MISUMI shall not be liable in any way for the Customer believing that the order constitutes a sales agreement or any damages arising in connection therewith. If MISUMI deems it particularly necessary, it will additionally execute a written sales agreement with the Customer and change the terms of sale.
- 4. Please be aware that MISUMI may claim from the Customer any expenses MISUMI incurs in connection with requests from the Customer.
Article 4 Obligations regarding Use of the Products
- The Customer may order the Products with the following conditions with respect to the use of the Products. MISUMI shall not be liable in any way for any damages incurred by the Customer that are caused by the Customer’s error in using or selecting the Products.
- (1) The products are to be used as a part of general production equipment (meaning press dies, jigs & fixtures series for inspection and factory automation machinery) (‘Uses for General Production Equipment’). Please note that general production equipment does not include transportation devices with the purpose of transporting humans such as automobiles, vehicles, or ships, medical equipment with the purpose of curing and diagnosing humans, or consumer goods that are used in general households such as electronic and electric equipment.
- (2) The Products may not be used in aerospace equipment, nuclear energy equipment, or military related products such as weapons or arms.
- (3) MISUMI provides the Service on the condition that the Customer orders and uses the Products at its sole responsibility and in compliance with matters relating to the Products that are listed in the Catalog such as the specifications, intended uses, terms of use, conditions of use, or drawings; or with any notice or other description in documentation that comes with the Products (or accessories).
- (4) The Products may not be resold to a third party, incorporated in products offered to general consumers or used in any other similar manner without the written consent of MISUMI.
Article 5 Delivery Period
- 1. The number of days required to ship the Products, (the ‘Delivery Period’) as set out on the relevant page of the Catalog, depends on the type and quantity of the Products ordered (such as when the Products cannot be shipped right away or there is a large order), and when the order is placed. For shipments outside Singapore, shipments will be sent freight and duty collect by a carrier of the customer’s choice. Title and risk of loss pass to the customer upon tender of shipment to the carrier. If product is damaged in transit, consignee shall file claim with the carrier.
- 2. If the time the Customer sends a facsimile order or email order and the time MISUMI receives such order differs due to the transmission environment of the facsimile or email, the Delivery Period will be calculated from the time MISUMI receives such facsimile.
- 3. Please be aware that MISUMI may not be able to process an order as a normal order if any of the details in the order are missing or inaccurate, and MISUMI may not be able to ship the Products within the Delivery Period set out in the Catalog due to transportation factors such as weather, traffic jams, or road construction, the timing of the delivery (such as during delivery companies’ year-end and New Year holidays, Christmas holidays, or other holidays), the inventory status of the Products, or any other matter, and in this case MISUMI shall not be liable to the Customer in any way.
Article 6 Delivery of the Products
- 1. Upon receiving the Products, the Customer is requested to affix its seal or representative’s signature to the delivery company’s form as proof of receipt.
- 2. The Products may not be delivered if the Customer’s company name, factory name, research institute name, nameplate or other verification of the Customer cannot be confirmed.
- 3. If the Products are delivered to a location other than that specified by the Customer, the person receiving the Products may be required to provide personal identification such as a license or passport. (In this case, details such as the address, name and registration number in the license or passport provided may be copied.)
Article 7 Inspection
- 1. Within one (1) week of receipt of the Products, the Customer is requested to confirm the name and quantity of the Products, check that the specifications of the Products match those listed in the Catalog and that there is no damage, deformation, defects or flaws (including if the specifications do not meet those listed in the Catalog or, in the case of special orders, specified in the Customer's drawings) in the Products. If the Products fail to meet the specifications, the Customer is requested to immediately send written notification detailing the Products that do not meet the specifications and the cause and status thereof to MISUMI’s address provided by MISUMI.
- 2. Please note that MISUMI may deem that the Products have been inspected and approved by the Customer if it does not receive notice within one (1) week of receipt of the Products.
Article 8 Measures for Defective Products
- If it is discovered through the inspection set out in Article 7 that all or part of the Products fail to meet the specifications, MISUMI will check such Products and if it is clear to MISUMI that the defects are attributable to only MISUMI will promptly deliver a replacement (or provide the service again in the case of a service) or, if directed by the Customer, refund the amount paid by the Customer for the part of the Products that is defective.
Article 9 Extra Products
- If MISUMI delivers to the Customer a greater quantity of the Products than that which the Customer ordered and such mistake is attributable to MISUMI, the Customer may return the extra Products to MISUMI upon contacting MISUMI. In this case, MISUMI will pay for all shipping costs incurred in returning the extra Products. The Customer is kindly requested to keep the extra Products in its original condition and packaging from the time it receives such Products until it returns them to MISUMI.
Article 10 Special Orders
- The ordering method is different for special orders for products with specifications set out in drawings provided by the Customer, specifications other than those prescribed by MISUMI or other special orders not for the Products with the specifications listed in the Catalog (‘Special Orders’). Other than the ordering method, these Terms and Conditions apply to Special Orders to the extent that they do not contradict the nature of the Special Orders.
Article 11 Applicable Taxes
- The Customer shall additionally pay an amount equivalent to all applicable taxes incurred in using the Service.
Article 12 Payment
- 1. The Customer shall pay the purchase price for the Products it has purchased and all taxes imposed thereon by any of the methods set out in the Catalog. If credit is extended, the undersigned agrees and understands that all invoices are due and payable within thirty (30) days of the invoice date. Further, please be aware that MISUMI may request advance payment from the Customer if it is a new customer, due to the status of a transaction or for other reasons.
- 2. Invoices will be for the Products that have been shipped by each date set out for each payment method mentioned in Article 12.1, and the Customer is requested to pay the invoice amount set out in such invoice.
- 3. If the Customer fails to pay the amount for the Products and all taxes by the due date, a default charge may be additionally imposed on the unpaid amount at the rate MISUMI separately decides until payment is made, regardless of the reason for such delay.
- 4. If payment by the Customer cannot be confirmed by the specified due date, please be aware that MISUMI may carry out prescribed procedures such as suspending the Customer's order and shipment of ordered products, or revoking the Customer's registration.
- 5. The Customer may change its payment method by contacting MISUMI. In this case, the new payment method will apply to orders received during and after the following month. Please note that a certain period may be required for procedures to change the payment method depending on the payment method.
Article 13 Maximum Amount
- 1. MISUMI will set a maximum amount the Customer can owe to MISUMI for the purchase of the Products at any given time (the ‘Maximum Amount’).
- 2. MISUMI may respond at its discretion in any of the following ways if the total price for the Products ordered by the Customer exceeds the Maximum Amount or if otherwise necessary with respect to the Maximum Amount. Please be aware that it may not be possible to deliver the Products by the prescribed delivery date.
(1) Requesting the Customer pay in advance or pay the outstanding amount.
(2) Refusing the order.
(3) Any other method determined by MISUMI.
- 3. The Customer may check its Maximum Amount by contacting MISUMI.
Article 14 Refusal to Receive Products
- If the Customer refuses to receive the Products or the Products cannot otherwise be sent to the Customer’s address for reasons attributable to the Customer (such as nobody being at the address to receive the Products), MISUMI will consider the sales agreement for such Products to be automatically terminated. Please be aware that in this case the Customer shall pay an amount equivalent to the price of the Products and any damages incurred by MISUMI. Provided, however, that this will not apply if MISUMI believes there are special circumstances in light of the nature, type, or quantity of the Products, the distribution system used or any other factor.
Article 15 Force Majeure Disclaimer
- If any delivery of products is delayed or impossible due to natural disasters (including, without limitation, earthquakes, floods and fires), amendments to or abolishment of laws or ordinances, dispositions through exercise of a public authority, transportation-related problems, labour disputes or any other unavoidable circumstances, MISUMI will notify the Customer within a reasonable period considering such circumstances. Provided, however, that MISUMI shall not be liable in any way for any damages or expenses incurred by the Customer due to such delay or failure in delivery.
Article 16 Changing or Cancelling Orders
- 1. Customer may change the details of or cancel an order ("Cancellation") by contacting MISUMI by telephone on or before the date and time corresponding to the shipping date of the Products set out in the Catalog. It is possible Cancellation will not be accepted because of the nature, type, quantity or shipping date of the Products, the distribution system used or other factors.
- 2. Depending on the time of making the Cancellation, type and quantity of the Products and other factors, the Customers may have to pay a cancellation charge pursuant to the terms set out in the Catalog.
- 3. The Customer may not cancel an order unless such cancellation is in accordance with the provisions of this Article 16. If MISUMI cannot accept a Cancellation from the Customer, it may be possible for the Customer to return the Products in accordance with the provisions of Article 17.
Article 17 Returning and Replacing Products
- 1. The Customer may return or receive replacement of the Products (Returns), if all of the following cases apply. This may be after the period specified in Article 7. Shipping costs shall be paid by Customer. Customer shall contact Company to confirm Return is applicable, and store Product in suitable environment until Return is completed.
(1) Products that are unopened, unused.
(2) Products that are marked Stock Items.
(3) Products not ordered as Large Order
(4) Customer contacts MISUMI within one month of shipment of the Product.
- 2. Notwithstanding the provisions of the previous section, if there is any damage or mistake attributable to MISUMI, please contact MISUMI within the period mentioned in the provision of Article 17.1(4). As soon as practical after the Customer contacts MISUMI, MISUMI will determine whether the damage or mistake is attributable to MISUMI, and then accept a return of the Products delivered to the Customer. MISUMI will pay for all the postage costs incurred in returning the Products. If MISUMI cannot confirm the state of the Product, MISUMI may reject the requirement of returning the product.
Article 18 Warranty
- 1. MISUMI warrants that Products will correspond in all material respects with applicable specifications as set out in the Catalog or as requested by the Customer and agreed by the parties in writing pursuant to a Special Order. The Customer acknowledges and agrees that MISUMI shall not provide any recommendation or advice concerning the interoperability of any Product with third party products or recommend any Product for use in connection with any design or for a specific purpose of the Customer.
- 2. MISUMI shall be under no liability under the warranty in Article 18.1:
(1) In respect of any defect in Products arising from fair wear and tear, improper use by the Customer, neglect or failure to follow MISUMI's instructions, including those provided in the Catalog and documents attached to the Products;
(2) If the Customer fails to notify any claim in respect of Products based on an alleged breach of the warranty within seven (7) days after the discovery of the alleged breach;
(3) For any failure of the Products to interoperate with any third party products;
(4) In respect of a defect in any Product used other than for the purposes set out in Article 4(1);
(5) In respect of a defect in any Product used in aerospace equipment, nuclear energy equipment, or military related products such as weapons or arms;
(6) In respect of a defect in any Product caused by nature disaster (including, without limitation, earthquakes, floods and fires)
(7) If the Product is used outside the service area provided in Article 2.2.
- 3. Where any valid claim in respect of Products which is based on a breach of the warranty in Article 18.1 is notified to MISUMI within twelve (12) months from the date of delivery, MISUMI shall replace or repair any Products (or any part(s) in question) free of charge or (at MISUMI's sole discretion) refund to the Customer the price of affected Products (or a proportionate part of the price). Such repair, replacement or refund shall be MISUMI’s sole liability and the Customer’s sole remedy for breach of the warranty in Article 18.1.
- 4. MISUMI shall be under no liability to the Customer for any loss of profit, loss of income, loss of business, loss of revenue, loss of goodwill, or for any indirect or consequential loss or damage of any kind, in each case howsoever arising, whether such loss or damage was foreseeable or in the contemplation of the parties and whether arising in tort (including negligence), contract or otherwise.
- 5. MISUMI’s maximum aggregate liability under or in connection with the Service, whether arising in contract, tort (including negligence) or otherwise, shall in no event exceed the amount paid by the Customer to purchase the Products that caused the damages.
Article 19 Revocation of Registration and Termination of Sales Agreements
- 1. If any of the following cases apply to the Customer, MISUMI may revoke the Customer’s registration and immediately terminate any sales agreements it has entered into with the Customer without further notice:
(1) If it becomes evident that any of the cases set out in Article 1.2 apply to the Customer.
(2) If the Customer delays in or fails to perform its obligations arising through use of the Service and fails to remedy this within seven (7) days, regardless of whether MISUMI gives notification to the Customer demanding remedy thereof.
(3) In addition to Article 19.1(2), if the Customer breaches any of these Terms and Conditions and fails to remedy this within fourteen (14) days, regardless of whether MISUMI gives notification to the Customer demanding remedy thereof.
(4) If the Customer sustains a disposition from the relevant supervisory agency, such as a cancellation or suspension of its business operations.
(5) If the Customer is subject to a suspension of payments or becomes insolvent.
(6) If the Customer’s credibility substantially deteriorates or there is a material change to its business that will affect its credibility.
(7) If the Customer is subject to a petition for attachment, provisional attachment, provisional disposition or any other compulsory execution or auction filed by a third party, or is subject to a disposition to collect tax or other public charges delinquencies.
(8) If a petition for bankruptcy, reorganization or other insolvency proceeding is filed against or by the Customer.
(9) If the Customer passes a resolution to dissolve or merges with another company.
(10) If it becomes difficult for the Customer to perform its obligations under these Terms and Conditions or any individual sales agreements due to a natural disaster, labour dispute or other reasons.
(11) If the Customer defrauds MISUMI or commits any other act in bad faith that makes it difficult to continue the Customer’s membership.
(12) If the Customer’s financial condition deteriorates or there are grounds to objectively believe this may occur.
(13) If MISUMI cannot contact the Customer using reasonable methods of communication.
(14) If the Customer cancels its registration at its own discretion under Article 21.
(15) If the Customer has not placed an order for one (1) year or more.
(16) If there are grounds that otherwise make MISUMI believe the Customer is inappropriate as a customer for the Service.
- 2. If any of the above circumstances apply to the Customer, all obligations owed by the Customer through use of the Service will become immediately due and payable, and the Customer shall promptly pay all such obligations. Further, the Customer shall indemnify MISUMI for any damages incurred by MISUMI due to the Customer’s breach of any provisions of these Terms and Conditions.
Article 20 Notification of and Changes to Registered Information
- 1. If there are any changes to the name, company name, address, representative, telephone number, fax number, contact person or other information registered by the Customer at the time of applying for registration, the Customer shall immediately notify MISUMI of such change in writing using the prescribed procedures.
- 2. In addition to Article 20.1, if (i) the Customer transfers its business to a third party, receive an assignment of a business from a third party or undergo a merger, or (ii) any of the circumstances set out in Article 19.1 occur, the Customer shall immediately notify MISUMI. In this case, MISUMI may, if it deems it is necessary, request consultation with the Customer about whether to continue transactions and the Customer’s registration.
- 3. If the Customer fails to or delays in giving the notice provided in Article 20.1 or 20.2, and the Products and the Catalog and any administrative communications are not delivered to the Customer or such delivery is delayed, MISUMI will deem such items to have arrived or been received by the Customer at the time they would normally reach the Customer. Further, the Customer shall pay for all shipping costs in sending such items to its new address, costs incurred in replacing the Products and any additional fees incurred by MISUMI.
Article 21 Cancellation of Registration by the Customer
- The Customer may cancel its registration by notifying MISUMI in a manner prescribed by MISUMI. Upon receipt of such notification, MISUMI will revoke the registration of such Customer, and the Customer will lose its status as a customer at the time such revocation is registered.
Article 22 Governing Law: Jurisdiction
- This Terms and Conditions and any sale of Products to Customer shall be deemed to have been made in and governed by the laws of Singapore, without regard to choice of law provisions. The courts of Singapore shall have exclusive jurisdiction for any dispute arising in connection with the Service or these Terms and Conditions.
Article 23 Revisions to Price and Specifications
- MISUMI may, at its discretion and with or without notification, suspend sales of the Products and/or revise Product information published in the Catalog (‘Revisions’) including but not limited to Pricing, Delivery Period, and/or design specifications of the Products. Should MISUMI decide to make notification to the Customer of such Revisions it may choose the timing, media and other methods concerning notification at its discretion. Should the Customer order the Products after such Revisions, the Customer will be deemed to have approved such Revisions.
Article 24 Approval to Amend these Terms and Conditions
- MISUMI may revise, modify or amend these Terms and Conditions (‘Amendments’) and will set forth such Amendments in the Catalog. If the Customer orders the Products after such Amendments, the Customer will be deemed to have approved such Amendments.
Article 25 Effective Term of Catalog
- The Catalog is effective only until the end of the effective period set forth in the Catalog unless otherwise specified by MISUMI (the ‘Catalog Effective Term’). Please be aware that, unless MISUMI indicates otherwise, the Customer will be unable to make any orders from the Catalog after expiration of the Catalog Effective Term. This also applies to orders from any Catalog issued that are made before the expiration of the current Catalog Effective Term. The expiration of the Catalos Effective Term shall not affect in any way the effect of this provision. MISUMI shall not be liable in any way to the Customer for any expenses or damages incurred by the Customer as a result of making an order from a Catalog whose effective term has expired.
Article 26 Priority of these Terms and Conditions
- These Terms and Conditions apply equally to all Customers who use the Service. The Customer shall fully understand these Terms and Conditions and the contents of the Catalog before using the Service. Please be aware that if there is any contradiction between these Terms and Conditions and any agreement or other contract separately entered into between the Customer and MISUMI (including any agreement terms on order forms used by the Customer), these Terms and Conditions shall take priority.
Article 27 Disclaimer Concerning Internet Services
- 1. When the Customer views information or receives the Services or the like by using the web site of MISUMI (the ‘Internet Service’), the Customer does so at its liability and shall do so in accordance with these Terms and Conditions as well as in accordance with the individual Terms and Conditions and regulations pertaining to individual services and with laws and ordinances.
- 2. MISUMI is working to improve the quality of the information and services it provides through the Internet Service, but it does not warrant the safety, reliability, usability, fitness for a particular purpose, newness, legality, ethicality, or imperviousness to computer viruses of, for example, the Products, information, and services provided through the Internet Service, unless caused by MISUMI’s wilful misconduct or gross negligence.
- 3. MISUMI addresses security matters, such as preventing information divulgence, but asks the Customer to be aware that there is a risk that information might be divulged and that absolute security thereof cannot be completely assured.
- 4. MISUMI shall not be liable in any way for any damages the Customer incurs in relation to using the Internet Service (including damages caused by undelivered orders made through the web site), unless such damages are caused by MISUMI’s wilful misconduct or gross negligence.
- 5. MISUMI shall not be liable in any way for any damages that the Customer incurs as a result of using the Internet Services in a way other than the ordinary way of using it.
Article 28 Temporary and Permanent Discontinuation of the Services
- In the event that any of the following occur, Company reserves the right to suspend or discontinue, part of, or all aspects of the Service, without prior notice to the Customer.
(1) The Product is damaged or rendered unusable due to nature disaster (including, without limitation, earthquakes, floods and fires), a power failure or similar event, or loss of order-taking capability caused by failure of telecommunication infrastructure.
(2) Delivery of the Products is impossible due to a natural disaster (including, without limitation, earthquakes, floods, and fires), the enactment or abolishment of a law or ordinance, a labour dispute, or any other unavoidable situation.
(3) Order-taking capacity requires repair or maintenance.
(4) If MISUMI otherwise believes the discontinuation of the Service is necessary.
Article 29 Prohibited Acts
- The Customer may not carry out any of the following acts while using the Service:
(1) Register false details in its customer registration.
(2) Carry out an act that would or might interfere with the operation of the Service.
(3) Make an order under another name or a false Customer Number.
(4) Act in a way that would or might be detrimental to another Customer, a third party or MISUMI or cause another Customer, a third party or MISUMI trouble or to incur damages.
(5) Carry out any act that would or might infringe any copyright or other intellectual property right or any right to privacy or other right of another Customer, a third party, or MISUMI.
(6) Illegally access the Internet Service and falsify information.
(7) Use the Internet Service to send or post harmful computer viruses or programs.
(8) Carry out any act that would or might contravene public policy or any law or ordinance.
(9) Carry out any act that contravenes these Terms and Conditions.
(10) Carry out any act that MISUMI otherwise deems inappropriate.
Article 30 Copyright
- 1. The Customer may not without the approval of the copyright holder use any of the information provided through the Service beyond the scope of applicable copyright law, such as private copying by individuals.
- 2. The Customer shall indemnify MISUMI for any trouble or damages in connection with problems arising through the Customer’s breach of this Article 30.
Article 31 Management of Customer Numbers
- 1. The Customer is responsible for managing its registered Customer Number.
- 2. The Customer may not transfer, lend or disclose its registered Customer Number to a third party.
Article 32 Use of Customer Information
- 1. Information collected by Company will be used for the following:
(1) To provide Corporate information, Business information and events by MISUMI and its affiliated companies.
(2) To provide Product information or surveys regarding Machinery Related Business or Diversified Business of MISUMI and its affiliated companies.
- 2. MISUMI may not disclose or provide to a third party any information obtained in relation to use of the Service, except for the following cases. Regarding Customer's personal information, in addition to this article, the description about protecting Customer's personal information on MISUMI web site are also applicable.
(1) When MISUMI provides to a third party statistical information collected to identify trends in use of the Service that does not specify the names of any customers.
(2) When MISUMI provides customers information to a third party for delivery of the Products or otherwise necessary to provide the Service to the Customer.
(3) When the Customer agrees to MISUMI disclosing its details such as its name, address, telephone number or email address.
(4) When disclosure is required by laws, regulations or ordinances.
Article 33 Liability of MISUMI
- MISUMI is only liable for the specifications of the Products that are listed in the Catalog, and makes no warranty whatsoever as to the fitness for purpose, usefulness, appropriateness or compatibility with other products, or period of sale of, or any other matter concerning, the Products. Further, except as set out in Article 17.2 and 18.1, MISUMI shall not be liable in any way for any direct, indirect, consequential, incidental or special damages or any other damages, losses, or detriment arising in connection with the Products or the Services. Provided, however, that if the Customer breaches any terms of use, the Customer may not make any claims for indemnification or compensation against MISUMI. The maximum damages arising from the Service the Customer can claim is the amount the Customer paid to purchase the Products that caused the damages.
Article 35 No Cooling-Off System
- To the extent permissible by applicable law, no cooling-off period will apply to mail-order sales of the Products listed in the Catalog.
Article 36 Information Provision and Product Procurement Service
- These Terms and Conditions apply to services other than sale of the Products listed in the Catalog, provided that they do not contradict the nature of such services. MISUMI may separately stipulate details regarding such services and the Customer shall use such services in accordance with such separate stipulations.
Article 37 Communications with MISUMI
- The Customer is requested to place orders, give notifications and make any other communications regarding transactions to MISUMI during the business days and business hours of MISUMI set out in the Catalog. The Customer is also requested to contact MISUMI regarding any problems with the Products or other technical consultations. Provided, however, that this does not apply if otherwise stipulated in the Catalog. Please see the Catalog for all other details.
Article 38 Business Day
- MISUMI may, at its discretion, set the date for performing the Service (including, without limitation, the date of registration, order, and or delivery). Please be aware, however, that MISUMI may change such date without notifying the Customer in advance.
Article 39 Consultation
- Any matters not provided for in these Terms and Conditions shall be dealt with in accordance with the spirit of these Terms and Conditions upon consultation between MISUMI and the Customer.
- (These Terms and Conditions apply to the Catalog issued in July 2007 and each subsequent Catalog)
