Page 1012 - MiSUMi FA Mechanical Components Economy Series

3. If the Customer fails to pay the amount for the Products, quantity of the Products and other factors, the Customer
shipping cost (if any) and all taxes by the due date, based on may have to pay a cancellation charge pursuant to the terms
the Payment Term, regardless of the reason for such delay, set out in the Catalog or in the Cancellation Policy.
a default charge may be additionally imposed on the unpaid 3. The Customer may not cancel its order unless such
amount at the rate determined by MISUMI separately or if cancellation is in accordance with the provisions of this
such rate is higher than the highest rate of interest permitted Article 16.
by applicable law, such highest rate.
4. If payment by the Customer cannot be confirmed by the
specified due date based on the Payment Term, please Article 17 Returning and Replacing
be aware that MISUMI may carry out predetermined Products
procedures, such as suspending the Customer’s order and
shipment of ordered products, or revoking the Customer’s 1. The Customer may return or receive replacement of the
registration. Products (“Returns”) after the inspection period specified in
5. If the Customer desires to change its payment method, Article 7, unless any of the following cases apply.
please contact MISUMI. Please note that longer period may 1) The Products are not designated as “Stock” in the
be required for procedures to change the payment method Catalog.
depending on the payment method. 2) The Products that have been opened, unpacked, or used.
3) The Special Orders under Article 9 of the Terms and
Conditions or the Products that are otherwise order-made
Article 13 Maximum Amount for the Customer.
4) The Products ordered by MISUMI from a third party at the
1. MISUMI will set a maximum amount that the Customer can Customer’s request.
owe to MISUMI for the total purchase of the Products at any 5) The Products that have deteriorated or been damaged
given time (the “Maximum Amount”). due to an error in the Customer’s use.
2. MISUMI may at its discretion, take any of the following ways 6) The Products that the Customer wishes to return because
if the total price for the Products ordered by the Customer of the Customer’s preferences, such as the Products not
exceeds the Maximum Amount or if otherwise necessary suiting the Customer’s tastes (having a different color or
with respect to the Maximum Amount. In such case, please appearance from that in the Catalog).
be aware that it may not be possible to deliver the Products 7) The Products that have marks or damage attributable to
by the prescribed delivery date. the Customer.
1) Requesting the Customer pay in advance or pay the 8) Thirty (30) days have passed since the date of delivery of
outstanding amount. the Products.
2) Refusing the order. 9) The Customer has placed a large quantity order for the
3) Any other method determined by MISUMI. Products.
3. Please contact MISUMI to check the Customer’s Maximum 10) Dangerous goods.
Amount. For the Returns, shipping costs shall be borne by the
Customer. Please be aware that MISUMI may charge a
Article 14 Refusal to Receive Products handling or restocking charge for such Returns in addition
to such shipping cost in accordance with the Cancellation
If the Customer refuses to receive the Products or the Products Policy or the Warranty applicable to the Service provided
cannot otherwise be sent to the Customer’s address for to the Customer. The Customer shall contact MISUMI to
reasons attributable to the Customer (such as nobody being confirm the Return is acceptable and MISUMI will inform
at the address to receive the Products), MISUMI will consider the Customer whether the Return is acceptable and how to
the sales agreement for such Products to be automatically return the Products. The Customer shall store the returned
terminated. Please be aware that in this case the Customer Product in suitable conditions in light of nature of the
shall pay an amount equivalent to the price of the Products Products until the Return is completed.
and any damages incurred by MISUMI, provided, however, 2. Notwithstanding the provisions of Article 17.1, if there is any
that this will not apply if MISUMI believes there are special Defects in the Products or the wrong Products are delivered
circumstances in light of the nature, type, or quantity of the due to the reason attributable to MISUMI, please contact
Products, the distribution system used, or any other factor. MISUMI within the period mentioned in the provision of
Article 17.1(8). By information from the Customer, MISUMI
will determine whether the damage or wrong delivery is
Article 15 Force Majeure Disclaimer attributable to MISUMI and if MISUMI acknowledge thereof,
MISUMI accepts return of the Products. The postage costs
If any delivery of Products is delayed or impossible due to incurred in returning the Products will be borne by MISUMI.
natural disasters (including, without limitation, earthquakes, If MISUMI cannot confirm the condition of the Product,
floods, and fires), amendments to or abolishment of laws or MISUMI may reject the Return of the Products.
ordinances, dispositions through exercise of a public authority,
transportation-related problems, labour disputes, or any other
circumstances beyond the control of MISUMI, MISUMI will Article 18 Warranty
notify the Customer within a reasonable period considering
such circumstances. Provided, however, that MISUMI shall not 1. The Warranty Standard, that is the sole warranty made with
be liable in any way for any damages or expenses incurred by respect to the Products separately set out in the Catalog (the
the Customer due to such delay or failure in delivery. “Warranty”).
THE MISUMI’S WARRANTY HEREIN IS IN LIEU OF AND
EXCLUDES ALL OTHER WARRANTIES OF MISUMI,
Article 16 Changing or Cancelling Orders THE MANUFACTURER OF THE PRODUCTS, AND ANY
OTHER ENTITY INVOLVED IN THE MANUFACTURE,
1. The Customer may change the details of or cancel an SALE, OR SERVICING OF THE PRODUCTS (OR
order (“Cancellation”) in accordance with the “Cancellation ANY PORTION THEREOF) AND THEIR RESPECTIVE
Policy” set out in the website (the “Cancellation Policy”). SUBSIDIARIES, AFFILIATES AND RELATED COMPANIES
For Cancellation, please contact MISUMI by telephone on (HEREINAFTER COLLECTIVELY REFERRED TO AS
or before the date and time of corresponding set out in the THE “MANUFACTURING AND SELLING COMPANIES”),
Catalog. Notwithstanding the foregoing, MISUMI reserves EXPRESS, IMPLIED OR STATUTORY, OR OTHERWISE
the right not to accept Cancellation because of the nature, CREATED UNDER APPLICABLE LAW, INCLUDING,
type, quantity, or shipping date of the Products, or the BUT NOT LIMITED TO, ANY WARRANTY OF
distribution system, or other relevant factors. MERCHANTABILITY AND ANY WARRANTY OF FITNESS
1009 2. Depending on the time of requesting Cancellation, type and FOR A PARTICULAR PURPOSE OR USE.