Terms and Conditions of Sale

All purchases of products (the "Products") from catalogs issued by MISUMI (THAILAND) CO., LTD's ("MISUMI") or available on the MISUMI's website (collectively the "Catalog") 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") must 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. 1. To use the Service, the applicant shall complete the customer registration procedures of MISUMI. After the applicant 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 applicant will become a customer (the "Customer").
    Before the Customer orders the Product via Internet website of MISUMI, named Web Order System ("WOS"), the Customer is required to apply for WOS registration as well as the customer registration. Please visit our WOS website to understand the WOS registration process.
  2. 2. MISUMI may deny approval of an application to register as a customer of MISUMI for any of the following reasons:
    1. (1) the applicant is not registered as a corporation;
    2. (2) the applicant has already registered;
    3. (3) the applicant's principal place of business or postal address as of the time of the customer registration procedures is outside Thailand.
    4. (4) it becomes evident that the applicant has had its customer registration revoked in the past;
    5. (5) any of the details in the customer registration application are untrue;
    6. (6) it is evident that the applicant is a distributor, or intends to resell;
    7. (7) the applicant attempts to transfer or sell the customer registration number or user ID; or
    8. (8) any other matter that MISUMI deems to be inappropriate for approval of customer registration.
  3. 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.
    Please note that the Customer Number is different from the User ID issued after WOS website registration.
  4. 4. Any and all purchase orders made by any User ID under the Customer Code issued for the Customer shall be deemed as orders of the Customer.
  5. 5. 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. 1. The Customer may purchase the Products listed in the Catalog using the Service subject to the provisions of the Terms and Conditions and any terms set out in the Catalog (including, without limitation, specifications, price, Days to Ship (as defined in Article 5), and instruction and precaution for 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. 2. The Customer may use the Service provided by MISUMI's website in accordance with the Terms and Conditions and other terms and conditions for use of our website. MISUMI may suspend or discontinue all or part of such Service for maintenance of machinery or equipment and other reasons, without prior notice or warning to the Customer.
  3. 3. The Service is provided within Thailand, except areas where deliveries cannot be made. Please contact MISUMI for any queries on the service areas.
  4. 4. If the Customer desires to request MISUMI a large quantity order of the Products which is required separate quantity for volume discount rate under the Catalog, the price and shipment date of the Products will be determined by the quantity issued by MISUMI.

Article 3 Ordering the Products

  1. 1. The Customer may apply to purchase the Products using the following methods. Provided, however, that MISUMI may restrict the ordering method depending on Special Orders (as defined in Article 10 below) or the type or quantity of the Products ordered. The date and time MISUMI may receive an order are set out in the Catalog and MISUMI's website.
    1. (1) Internet orders: fill in the required fields in the web site of MISUMI. Please visit MISUMI's website or consult MISUMI for details on how to use the web site.
    2. (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. 2. Orders made by the Customer shall become effective upon receipt of the order by MISUMI at MISUMI's location. If MISUMI is unable to receive the order 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. 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. 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 will 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. The Customer will defend, indemnify, and hold harmless MISUMI and its affiliates, its parent company, and their respective officers, employees, and agents, from and against any liability, damage, claim, or any litigation cost or expense (including but not limited to reasonable attorneys' fees) from third party claims arising out of or relating to the violation of any of the following conditions:

  1. (1) The products are to be used as a component of general production equipment or for commercial use or industrial application ("General Industrial Use"). Please note that General Industrial Use does not include any use in 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. (2) The Products may not be used in aerospace equipment, nuclear energy equipment, or military related products, such as weapons or arms.
  3. (3) The Products or any equipment for General Industrial Use (or parts thereof) will not be used in, exported to, or sold to any country outside Thailand.
  4. (4) 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, instruction and precaution for use, conditions of use, drawings and other information of the Products, and any notice or other description in documentation or labels that comes with the Products (or their accessories).
  5. (5) 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 Days to Ship and Title and Risk of Loss

  1. 1. MISUMI will ship the Products from its warehouse or suppliers in accordance based on the required number of days to ship of the Products ("Days to Ship") set out in the relevant page of the Catalog. However, depending on the type and quantity of the Products ordered (for example, due to customization of Products or the large quantity order) or depending on the time, when the order is placed, MISUMI may determine alternative shipping dates.
  2. 2. Title and risk of loss pass to the Customer upon tender of shipment to the carrier. If the Product is damaged in transit, the Customer shall file claim with the carrier.
  3. 3. 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 Production Time, the Day to Ship will be calculated from the time MISUMI receives such order.
  4. 4. 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.
  5. 5. The Days to Ship and dates when the Products are actually delivered to the Customer is different. When ordering the Products, please see the period required for the delivery by area set out in the Catalogs.

Please be aware that the Products may not be delivered 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, Songkran holidays, or other holidays), the inventory status of the Products, or any other reasons, and in this case MISUMI shall not be liable to the Customer in any way.

Article 6 Delivery of the Products

  1. 1. Delivery of the Products is deemed to be completed when the Products is delivered to the place registered by the Customer or designated by the Customer at the order. 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. 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. 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 Inspections

  1. 1. Within one (1) week of receipt of the Products, the Customer must inspect the Products to confirm the name, part number, and quantity of the Products and verify, 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) (collectively "Defects") in the Products. If the Products fail to meet the specifications or have any Defects, the Customer shall give written notification to MISUMI within one (1) week of receipt of the Products, and then send the Products failing the inspection and the detail report stating the cause and status thereof to the address designated by MISUMI.
  2. 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 by the Customer.

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. If it is clear to MISUMI that such defects are attributable to only MISUMI, MISUMI will promptly deliver a replacement of the Products (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 shall contact MISUMI and return the extra Products to MISUMI promptly. 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

If the Customer orders 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"), ordering procedures and the Service are different from the orders for the standard Products listed in the Catalog. Other than the ordering procedure for Special Orders, the 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, including VAT and any sales taxes, if any.

Article 12 Payment

  1. 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 and selected by the Customer at the customer registration. 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 the Company may request cash on delivery payment or advance payment from the Customer if it is a new customer, due to the status of a transaction or for other reasons.
  2. 2. The Company will send invoices for the Products shipped and the Customer shall make all payment for such invoice amount in accordance with the payment term specified in invoices or otherwise agreed by the Company. The Customer shall be liable for the relevant bank fee of such payment, if any.
  3. 3. If the Customer fails to pay the amount for the Products and all taxes by the due date based on the Payment Term, regardless of the reason for such delay, a default charge may be additionally imposed on the unpaid amount at the rate determined by the Company separately or if such rate is higher than the highest rate of interest permitted by applicable law, such highest rate, until paid in full.
  4. 4. If payment by the Customer cannot be confirmed by the specified due date based on the Payment Term, please be aware that the Company may carry out predetermined procedures such as suspending the Customer's order and shipment of ordered products, or revoking the Customer's registration.
  5. 5. If the Customer desires to change its payment method, please contact the Company. The new payment method will apply as separately determined by the Company.

Article 13 Maximum Credit Amount

  1. 1. MISUMI will set a maximum amount that the Customer can owe to MISUMI for the total purchase of the Products at any given time (the "Maximum Amount").
  2. 2. MISUMI may at its discretion, take 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. In such case, please be aware that it may not be possible to deliver the Products by the prescribed delivery date.
    1. (1) Requesting the Customer pay in advance or pay the outstanding amount.
    2. (2) Refusing the order.
    3. (3) Any other method determined by MISUMI.
  3. 3. Please contact MISUMI to check the Customer's Maximum Amount.

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 circumstances beyond the control of MISUMI, 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. 1. The Customer may change the details of or cancel an order ("Cancellation") in accordance with the "Cancellation Policy" set out in the website (the "Cancellation Policy"). For Cancellation, please contact MISUMI by telephone on or before the date and time of corresponding set out in the Catalog. Notwithstanding the foregoing, MISUMI reserves the right not to accept Cancellation because of the nature, type, quantity, or shipping date of the Products, or the distribution system, or other relevant factors.
  2. 2. Depending on the time of requesting Cancellation, type and quantity of the Products and other factors, the Customer may have to pay a cancellation charge pursuant to the terms set out in the Catalog or in the Cancellation Policy.
  3. 3. The Customer may not cancel its order unless such cancellation is in accordance with the provisions of this Article 16.

Article 17 Returning and Replacing Products

  1. 1. The Customer may return or receive replacement of the Products ("Returns") after the inspection period specified in Article 7, unless any of the following cases apply.
    1. (1) The Products are not designated as "Stock" in the Catalog.
    2. (2) The Products that have been opened, unpacked, or used.
    3. (3) The Special Orders under Article 9 of the Terms and Conditions or the Products that are otherwise order-made for the Customer.
    4. (4) The Products ordered by MISUMI from a third party at the Customer's request.
    5. (5) The Products that have deteriorated or been damaged due to an error in the Customer's use.
    6. (6) The Products that the Customer wishes to return because of the Customer's preferences, such as the Products not suiting the Customer's tastes (having a different color or appearance from that in the Catalog).
    7. (7) The Products that have marks or damage attributable to the Customer.
    8. (8) Thirty (30) days have passed since the date of delivery of the Products.
    9. (9) The Customer has placed a large quantity order for the Products.
    10. (10) Dangerous goods.
  2. 2. Notwithstanding the provisions of Article 17.1, if there is any Defects in the Products or the wrong Products are delivered due to the reason attributable to MISUMI, please contact 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 attributable to MISUMI and if MISUMI acknowledge thereof, MISUMI accepts return of the Products. The postage costs incurred in returning the Products will be borne by MISUMI. If MISUMI cannot confirm the condition of the Product, MISUMI may reject the Return of the Products.
  3. 3. If a return is made through no fault of MISUMI, a handling or restocking charges (See Cancellation Policy) may be imposed on the Customer.
  4. 4. Customer shall pay all associated shipping costs and a handling or restocking fee equal to 20% of the total sales amount of the returned goods, if Return is made under the provisions of Article 17.1 of the Terms and Conditions.
  5. 5. The purchase price of Products that have been returned to MISUMI will not be calculated in the aggregate amount that is used to determine any volume discounts to be offered by MISUMI and all prices will be re-calculated accordingly.

Article 18 Warranty

  1. 1. The Warranty Standard, that is the sole warranty made with respect to the Products separately set out in the Catalog (the "Warranty").

MISUMI'S WARRANTY HEREIN IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES OF MISUMI, THE MANUFACTURER OF THE PRODUCTS, AND ANY OTHER ENTITY INVOLVED IN THE MANUFACTURE, SALE, OR SERVICING OF THE PRODUCTS (OR ANY PORTION THEREOF) AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES AND RELATED COMPANIES (HEREINAFTER COLLECTIVELY REFERRED TO AS THE "MANUFACTURING AND SELLING COMPANIES"), EXPRESS, IMPLIED OR STATUTORY, OR OTHERWISE CREATED UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY AND ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE.
In case that no warranty is applied to the defect of the Products under the Warranty, repair or replacement of the Products will be charged and the Customer is required to pay the repair or replacement fee separately designated by MISUMI, provided, however, that the defect of the Products may not be repaired or replaced because of the nature, manufacturing date, or specifications of the Products in issue.

Article 19 Revocation of Registration and Termination of Sales Agreements

  1. 1. If any of the following cases apply to the Customer, MISUMI may revoke the Customer's registration, suspend, or discontinue a part or all of the Services without prior notice, and immediately terminate any sales agreements it has entered into with the Customer without further notice:
    1. (1) If it becomes evident that any of the cases set out in Article 1.2 apply to the Customer.
    2. (2) If the Products are used for the purpose other than General Industrial Use.
    3. (3) If the Products are used in aerospace equipment, nuclear energy equipment, or military related products, such as weapons or arms.
    4. (4) If the Products are 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.
    5. (5) 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 MISUMI's notification to the Customer demanding remedy thereof.
    6. (6) In addition to Article 19.1(5), if the Customer breaches any of the Terms and Conditions and fails to remedy this within fourteen (14) days, in despite of MISUMI's gives notification to the Customer demanding remedy thereof.
    7. (7) If the Customer sustains a disposition from the relevant supervisory agency, such as a cancellation or suspension of its business operations.
    8. (8) If the Customer is subject to a suspension of payments or becomes insolvent, or a check issued by the Customer is subject to dishonor.
    9. (9) If the Customer's credibility substantially deteriorates or there is a material change to its business that will affect its credibility.
    10. (10) 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.
    11. (11) If a petition for bankruptcy, reorganization, or other insolvency proceeding is filed against or by the Customer.
    12. (12) If the Customer passes a resolution to dissolve or merges with another company.
    13. (13) If it becomes difficult for the Customer to perform its obligations under the Terms and Conditions or any sales agreements due to a natural disaster, labour dispute, or other reasons.
    14. (14) If the Customer defrauds MISUMI or commits any other acts in bad faith that makes it difficult to continue the Customer's membership.
    15. (15) If the Customer's financial condition deteriorates or there are grounds to objectively believe this may occur.
    16. (16) If MISUMI cannot contact the Customer using reasonable methods of communication.
    17. (17) If the Customer cancels its registration at its own discretion under Article 21.
    18. (18) If the Customer has not placed an order for one (1) year or more.
    19. (19) If the Customer carries out any of the prohibited acts under Article 29.
    20. (20) If there are grounds that otherwise make MISUMI believe the Customer is inappropriate as a customer for the Service.
  2. 2. If any of the above cases 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 the Terms and Conditions.

Article 20 Notification of and Changes to Registered Information

  1. 1. If there are any changes to the company name, address, representative, telephone number, fax number, contact person, e-mail address, or other information registered by the Customer at the time of applying for customer registration or user registration of WOS, the Customer shall immediately notify MISUMI of such change in writing or through WOS website and follow the prescribed procedures.
  2. 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 occurs, 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. 3. If the Customer fails to notify 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

The Terms and Conditions and any sale or purchase of the Products, and/or the relationship of the Customer and MISUMI shall be exclusively governed by and construed in accordance with the laws of Thailand, without regard to its conflicts of law principles. Any claim or dispute arising from and in connection with the Terms and Conditions, the sale or purchase of the Products or the relationship of MISUMI shall be brought to the court having jurisdiction over the location of MISUMI's principal place of business, and the Customer and MISUMI hereby submit to and waive any objections to the exclusive jurisdiction hereof.

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 the Product information published in the Catalog ("Revisions"), including, but not limited to, pricing, the Days to Ship, 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 the Terms and Conditions

MISUMI may revise, modify, or amend the Terms and Conditions ("Amendments") at any time, without prior notice, and will set forth such Amendments on MISUMI's Internet website (pages for products catalog and the Terms and Conditions). 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

  1. 1. The Catalog (except for the web-catalogs available on the MISUMI's website, which does not have effective term) is effective only until the following event is occurred unless otherwise specified by MISUMI (the "Catalog Effective Term"). Please be aware that, unless MISUMI indicates otherwise, the Customer will not be able to make any orders from the Catalog after expiration of the Catalog Effective Term.
    1. (1) When MISUMI publishes a latest version of the Catalog or other alternative catalog.
    2. (2) When MISUMI notifies the Customer that the Catalog cannot be used or is invalid.
    In the event that any of the above-mentioned event occurs or MISUMI will extend the Catalog Effective Term, MISUMI will place a notice on the Internet website of MISUMI (product catalog pages). Please kindly check the Internet website of MISUMI periodically.
  2. 2. The expiration of the Catalog Effective Term shall not limit 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 the Terms and Conditions

The Terms and Conditions apply equally to all Customers who use the Service. The Customer shall fully understand the Terms and Conditions and the contents of the Catalog before using the Service. If there is any contradiction between the 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), the Terms and Conditions shall take priority.

Article 27 Disclaimer Concerning Internet Services

  1. 1. When the Customer views information or receives the Services or the like by using the website of MISUMI (the "Internet Service"), the Customer does so at its own risk and shall do so in accordance with the 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. 2. MISUMI is working to improve the quality of the information and services it provides through the Internet Service, but 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 willful misconduct or gross negligence.
  3. 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. 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 website), unless such damages are caused by MISUMI's willful misconduct or gross negligence.
  5. 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, MISUMI reserves the right to suspend or discontinue, part of, or all aspects of the Service, without prior notice to the Customer.

  1. 1. If an ordering system or equipment is damaged or rendered unusable due to natural disaster (including, without limitation, earthquakes, floods and fires), a power failure or similar event, or damage to the lines of a telecommunication carrier or internet provider or other infrastructure.
  2. 2. If 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. 3. If an ordering system or equipment requires repair or maintenance.
  4. 4. If MISUMI otherwise believes the suspension or discontinuation of the Service is necessary in relation to the operation of the Service.

Article 29 Prohibited Acts

The Customer may not carry out any of the following acts while using the Service:

  1. (1) Register false details in its customer registration.
  2. (2) Carry out an act that would or might interfere with the operation of the Service.
  3. (3) Make an order under another name or a false Customer Number or User ID.
  4. (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. (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. (6) Illegally access to the Service via Internet and falsify information.
  7. (7) Use the Service via Internet to send or post harmful computer viruses or programs or inappropriate content.
  8. (8) Carry out any act that would or might contravene public policy or any law or ordinance.
  9. (9) Assign or transfer any of the Customer's right and obligations which may arise in connection with the Service.
  10. (10) Carry out any act that MISUMI otherwise deems inappropriate.

Article 30 Intellectual Property Right

  1. 1. Without the approval of the copyright holder, the Customer shall not use any of the information provided through the Service beyond the scope of applicable Copyright law.
  2. 2. MISUMI assumes no liability whatsoever if any infringement claim arises out of compliance with the Customer's design or specifications or out of any addition to or modification of the Products, or any combination thereof with other products by or under the instruction of the Customer without MISUMI's express authorization thereof, or from use of the Products in the practice of process or system specified by the Customer.
  3. 3. The Customer shall indemnify and hold harmless MISUMI from and against any claims or damages in connection with problems arising through the Customer's breach of this Article 30.

Article 31 Management of Customer Numbers and Password

  1. 1. The Customer is responsible for managing its registered Customer Number, User ID and their passwords.
  2. 2. The Customer may not transfer, lend, or disclose its registered Customer Number, User ID, and passwords to a third party.

Article 32 Personal Information

  1. 1. Any personal information of the Customer collected by MISUMI through the Service will be used for the following matters:
    1. (1) to provide corporate information, business information and events by MISUMI and its affiliated companies; and
    2. (2) to provide Product information or surveys regarding machinery related business or diversified business of MISUMI and its affiliated companies.
  2. 2. MISUMI will not disclose or provide to a third party any personal information of the Customer obtained in relation to use of the Service, except for the following cases:
    1. (1) when disclosed to the courier company or manufacturer who deliver the Products to the Customer or otherwise necessary to provide the Service;
    2. (2) when the Customer agrees to MISUMI disclosing its details such as its name, address, telephone number, or email address; or
    3. (3) when disclosure is required by laws, regulations, or ordinances.
  3. 3. All Personal Information of the Customer shall also be protected in accordance with the Privacy Policy of MISUMI provided on its website.

Article 33 Limitation of Liability

IN NO EVENT SHALL MISUMI AND/OR THE MANUFACTURING AND SELLING COMPANIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE ABILITY OR INABILITY TO USE THE PRODUCTS, WHETHER OR NOT CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF MISUMI AND/OR THE MANUFACTURING AND SELLING COMPANIES, UNLESS SPECIFICALLY PROVIDED HEREIN.
IN NO EVENT SHALL MISUMI'S LIABILTY HEREUNDER OR OTHERWISE ARISING RELATIVE TO THE SALE OF THE PRODUCT EXCEED IN ANY EVENT OR UNDER ANY THEORY OR CAUSE OF ACTION, THE PURCHASE PRICE PAID BY THE CUSTOMER TO MISUMI FOR THE PRODUCT.

Article 34 No Cooling-Off Rule

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 35 Information Provision and Product Procurement Service

The 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 and any terms and conditions provided by MISUMI for such services. MISUMI may separately stipulate details regarding such services and the Customer shall use such services in accordance with such separate stipulations.

Article 36 Communications with MISUMI

Please 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.
Please contact MISUMI regarding any problems with the Products or other technical consultations. Please see the Catalog for all other details

Article 37 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 38 Consultation

Any matters not provided for in the Terms and Conditions shall be dealt with in accordance with the spirit of the Terms and Conditions upon consultation between MISUMI and the Customer.

Effective as of: 1 October 2015
Last updated: 7 April 2016