MISUMI Terms & Condistions

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1. Acknowledgment and Acceptance

Misumi India Pvt. Ltd. ("Misumi") provides the use of the Misumi web site ("Web Site") to you, conditioned upon your acceptance without modification of the following terms and conditions ("Terms and Conditions"). Please review these Terms and Conditions carefully. By using this Web Site, you are agreeing to these Terms and Conditions. If you do not agree or do not wish to abide by these Terms and Conditions, you may not use this Web Site or download materials.

2. Intellectual Property Rights

All content, text, images, data, information and other material ("Content") displayed, available or present on this Web Site, including any trademarks or copyrights, are the property of Misumi or the designated owner and are protected by applicable intellectual property laws. You agree not to infringe upon or dilute any intellectual property of Misumi, as well as not to remove or modify any trademark, copyright or other proprietary notice appearing on this Web Site. You are not allowed to link to, reproduce, sell, publish, distribute, modify, or display this Web Site or any Content without the prior written permission of Misumi.

3. Authorized and Prohibited Uses

You will comply with all applicable laws in connection with your use of this Web Site. Misumi may in its sole discretion modify, edit, translate, suspend, restrict access to or terminate this Web Site, these Terms and Conditions, the Content or any link at any time without liability or prior notice. Misumi may in its discretion terminate your browsing and use of this Web Site at any time without liability or prior notice for any reason, including for any breach of these Terms and Conditions. In the event you link this Web Site to another web site to which Misumi objects, upon notice of such objection from Misumi, you agree to immediately discontinue such link. Moreover, you agree that no link shall be made to any page or frame of this Web Site except to the first or top page. Misumi charges no fee at this time for browsing or using this Web Site, but reserves the right to impose or modify fees in connection with the browsing or use of this Web Site at any time without liability or prior notice.

Misumi has provided registered users the ability to access Misumi's Computer Aided Design Configurator ("MCAD") through its Web Site. The MCAD has been provided to you strictly for the purpose of assisting in the design and purchase of Misumi-brand products. Any improper or unauthorized use, reproduction, mispresentation and/or transmission of any MCAD files, drawings, specifications, or any other resulting or related materials may result in the termination of your use of the MCAD. Misumi's reserves the right, in its sole discretion, to terminate your use and/or the registration of the MCAD at any time without liability or prior notice for any reason, including for any breach of these Terms and Conditions.

The MCAD, including all information, charts, formulas, factors, accuracy standards, tolerances and application recommendations are only starting points for your selection of appropriate products, and may not apply in all intended applications. The MCAD is not a substitute for a proper application analysis conducted by an experienced, knowledgeable design engineer. Product selection should be based upon your specific application needs and conditions, which will vary greatly depending on various factors. No specific product application should be based solely on the information contained in the MCAD.

4. Limitation of Liability and Disclaimers

ANY AND ALL CONTENT APPEARING ON THIS WEB SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. ANY PRODUCTS OF MISUMI AND/OR ITS AFFILIATED COMPANIES ARE SUBJECT TO THE STANDARD WARRANTY OF MISUMI AND/OR ITS AFFILIATED COMPANIES AND OTHER TERMS AND CONDITIONS OF SALE IN THE SALES AGREEMENT BETWEEN MISUMI AND THE PURCHASER. THIS WEB SITE, ITS CONTENT AND ITS LINKS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. MISUMI AND ITS AFFILIATED COMPANIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS WEB SITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. MISUMI AND ITS AFFILIATED COMPANIES WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES AND/OR LOST PROFITS, IN CONNECTION WITH USE OF THE INTERNET, THIS WEB SITE, ITS CONTENT OR ITS LINKS.

5. Indemnification

You will defend, indemnify and hold harmless Misumi and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with your use of this Web Site, online conduct, breach of these Terms and Conditions or dealings or transactions with other persons resulting from use of this Web Site.

6. Applicable Law and Forum

This Web Site, these Terms and Conditions and any disputes arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of India without regard to its conflicts of law principles. The state and federal courts located in Pune, India shall have exclusive jurisdiction to adjudicate any dispute arising in connection with this Web Site or these Terms and Conditions. You agree to submit to the exclusive and personal jurisdiction of the state and federal courts located in in Pune, India

7. Responsibility of Login ID and User Information

You agree that you will be responsible for maintaining any Login ID information (which shall include without limitation, passwords, unique user identifications, specific user Login ID information and all other information used in connection with any Misumi issued Login ID) as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your Login ID. You agree to immediately notify us in the event that (i) your Login ID is lost or stolen, or (iii) your Login ID or a corporate user Login ID for which you are responsible requires immediate termination due to the resignation and/or termination of any employee or agent; and (iii) you become aware of any unauthorized use of your Login ID or of any other breach of security that might affect the Web Site or the MCAD. However, your notification to Misumi of any lost or stolen Login ID information, the termination of any Misumi Login ID or unauthorized use of your Login ID will not necessarily limit or eliminate your liability with respect to any damage, claims, and/or charges resulting from the use or misuse of this Web Site or the MCAD.

8. Miscellaneous

You represent and warrant that you are authorized to enter into these Terms and Conditions on behalf of any entity which you represent. These Terms and Conditions constitute the entire agreement between the parties with respect to its subject matter and supersede any prior agreement or communication. These Terms and Conditions may only be modified by Misumi, at its sole discretion. If any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason, then the remaining provisions will remain in full force and effect. Your obligations pursuant to these Terms and Conditions shall survive termination of this Web Site, any use by you of this Web Site and any Content, or these Terms and Conditions.

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Terms and Conditions of Sale

All purchases of products (the "Products") from Misumi India (the "Company") Catalogs (the "Catalog") will be governed by these Terms and Conditions of Catalog Use (the "Terms and Conditions"). All purchasers who utilize the Catalog service (the "Service") must strictly adhere to these Terms and Conditions, unless otherwise set forth in a signed statement by an authorized representative of Company.

Article 1 Registration

  1. To use the Service, the applicant (you) must complete the customer registration procedures of the Company. After the applicant has completed the customer registration application procedures in a manner specified by the Company and has been approved as a customer meeting the standards prescribed by the Company, the Company will issue a Customer Number and the applicant will become a customer (the "Customer").
  2. The Company may deny approval of an application to register as a customer of the Company for any of the following reasons.
    1. the applicant is not registered as a corporation;
    2. the applicant has already registered;
    3. the applicant's principal place of business or postal address as of the time of the customer registration procedures is outside of India or the country where the Company send the Catalog to the Customer (the "Overseas Affiliated Company") is located . ;
    4. it becomes evident that the applicant 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 applicant is a distributor/trader, or intends to resell.
    7. any other matter that the Company deems to be appropriate to consider for approval of customer registration.
  3. When ordering the Products, the Customer must provide the Customer Number issued to it at the time of registration as a customer under this Article 1.
  4. The Company will notify the Customer by facsimile or by email of sales campaigns and other matters when sending the Catalog or other materials, The Company 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 the Company, or at the discretion of the original manufacturer or the Company, some of the Products may be removed from the Service without prior notice or warning.
  2. The Service is provided within the country where the Company is located. This does not apply to areas where deliveries cannot be made. Please direct any queries to the Company.
  3. Regarding Volume Discount Rate listed in the Catalog, any volume order requiring a quotation is considered a Large Order and the Price and the Production Time may differ from listed amounts.

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 the Company may restrict the ordering method depending on special orders or the type or quantity of the Products ordered. The date and time the Company 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 the Company www.misumi.co.in. Please consult the Company for details on how to use the web site.
    2. Facsimile orders: fill in the required fields on the order sheet specified by the Company and send the order sheet to the fax number specified by the Company.
  2. Orders made by the Customer will become effective upon receipt of the order by the Company at Company's location in Pune, India 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 will not be deemed effective. In this case, the Company will 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 the Company under Article 3.1. Provided, however, that this will not apply if the Company notifies the Customer that it declines the order after receiving the order. In this case, the Company will 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 the Company 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 the Company may claim from the Customer any expenses the Company 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. The Company 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.

  1. The products are to be used as a part of general production equipment (meaning press dies and jigs & fixtures series for inspection) ("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. The Company 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 the Company.

Article 5 "Days to ship" Period and Shipping Terms

  1. The number of days required to ship the Products, 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.
  2. If the time the Customer sends a facsimile order or email order and the time the Company receives such order differs due to the transmission environment of the facsimile or email, the Production Time will be calculated from the time the Company receives such facsimile.
  3. Please be aware that the Company 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 the Company may not be able to ship the Products within the "Days to Ship" 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, summer holidays, Christmas holidays, or other holidays), the inventory status of the Products, or any other matter, and in this case the Company will 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. Immediately upon 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 must give written notification to the Company immediately upon receipt of 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 the Company's address provided by the Company.
  2. Please note that the Company may deem that the Products have been inspected and approved by the Customer if it does not receive notice within 2 days 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, the Company will check such Products and if it is clear to the Company that the defects are attributable to only the Company, the Company will promptly deliver a replacement (or provide the service again in the case of a service)

Article 9 Extra Products

If the Company delivers to the Customer a greater quantity of the Products than that which the Customer ordered and such mistake is attributable to the Company, the Customer may return the extra Products to the Company upon contacting the Company. In this case, the Company 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 the Company.

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 the Company 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

In addition, the Customer shall pay an amount equivalent to all applicable taxes incurred in using the Service.

Article 12 Payment

  1. The Customer must 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, Further, please be aware that the Company may request advance payment or credit card payment from the Customer.
  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 imposed on the unpaid amount at the rate the Company 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 the Company 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 the Company. 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 Credit Balance

The Customer agrees that any credit balances issued by credit memo will be applied within one (1) year of its issuance. If not applied or requested within one (1) year, any balance remaining will be subject to cancellation, and MISUMI shall have no further liability.

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), the Company will consider the sales agreement for such Products to be automatically terminated. Please be aware that in this case the Customer must pay an amount equivalent to the price of the Products and any damages incurred by the Company. Provided, however, that this will not apply if the Company 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, labor disputes or any other unavoidable circumstances, the Company will notify the Customer within a reasonable period considering such circumstances. Provided, however, that the Company will 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 Canceling

  1. Customer may change the details of or cancel an order ("Cancellation") in accordance with the "Cancellation Policy" as below by contacting Company by telephone. Notwithstanding the foregoing, Cancellations may not be accepted because of the nature, type, quantity or shipping date of Products, the distribution system used, or other relevant factors.

    "Cancellation Policy"

    If a cancellation is made through no fault of Company there may be a cancellation charge (see Table A). These fees are applied as the costs incurred by Company for handling and/or production work already performed.

    Table A: Please note: No cancellations or returns can be accepted if products have been ordered as a special order.

    Table A:

    Please contact customer service for more details.
    MISUMI INDIA PVT LTD,
    Tel: 020-6647-0000 Fax: 020-6647-0050 Mail: sales@misumi.co.in

    Key:

    • Day = indicates a Company business day (i.e. 1st day after, etc.)
    • OK = cancellations can be made free of charge.
    • 40% = cancellation is allowed, but there will be a charge equivalent to 40% of the value of the order.
    • 100% = 100% value of the order will be charged for the cancellation
    • Others = No cancellation is allowed.
  2. Depending on the time of making the 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.

    If the Company cannot accept a Cancellation from the Customer, it may be possible for the Customer to return the Products pursuant to following Article "Returning and Replacing Products" herein.

Returning and Replacing Products

If a return is made through no fault of MISUMI, there may be a handling charge (see Table A).

Customer may return and replace Products ("Return") to Company, if and only if:

  1. Goods are unopened & unused
  2. Goods have been stored in a suitable environment
  3. Goods are marked `Stocked Items` or `1 day` in the catalogue
  4. Goods are not ordered as `Large Order`
  5. Customer has contacted within one month of dispatch
  6. Returning cost will be borne by the customer

*Accepting the returned goods will be at the sole discretion of Misumi India.

Article 17 Warranty

The sole warranty made with respect to the Products is set that in annex A hereto.

Article 18 Revocation of Registration and Termination of Sales Agreements

  1. If any of the following cases apply to the Customer, the Company 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 the Company gives notification to the Customer demanding remedy thereof.
    3. In addition to Article 20.1(2), if the Customer breaches any of these Terms and Conditions and fails to remedy this within fourteen (14) days, regardless of whether the Company 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, labor dispute or other reasons.
    11. If the Customer defrauds the Company 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 the Company cannot contact the Customer using reasonable methods of communication.
    14. If the Customer cancels its registration at its own discretion under Article 22.
    15. If the Customer has not placed an order for one (1) year or more.
    16. If there are grounds that otherwise make the Company believe the Customer is inappropriate as a member.
  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 must promptly pay all such obligations. Further, the Customer must indemnify the Company for any damages incurred by the Company due to the Customer's breach of any provisions of these Terms and Conditions.

Article 19 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 must immediately notify the Company 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 must immediately notify the Company. In this case, the Company 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 21.1 or 21.2, and the Products and the Catalog and any administrative communications are not delivered to the Customer or such delivery is delayed, the Company 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 must 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 the Company.

Article 20 Cancellation of Registration by the Customer

The Customer may cancel its registration by notifying the Company in a manner prescribed by the Company. Upon receipt of such notification, the Company 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 21 Governing Law: Jurisdiction

This Terms and Conditions and any sale of Products to Customer shall be deemed to have been made in and govemed by the substantive laws of the State of India , without regard to choice of law provisions.

Article 22 Revisions to Price and Specifications

The Company may, at its discretion and with or without notification, suspend sales of the Products and/or revise Product information published in the Catalog ("Revisons") including but not limited to Pricing, Days to Ship, and/or design specifications of the Products. Should the Company 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 23 Approval to Amend these Terms and Conditions

The Company 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 24 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 the company (the "Catalog Effective Term"). Please be aware that, unless the Company 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 Catalog Effective Term will not affect in any way the effect of this provision. The Company will 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 25 Priority of these Terms and Conditions

These Terms and Conditions apply equally to all Customers who use the Service. The Customer must fully understand 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 the Company (including any agreement terms on order forms used by the Customer), these Terms and Conditions will take priority.

Article 26 Disclaimer Concerning Internet Services

  1. When the Customer views information or receives the Services or the like by using the web site of the Company (the "Internet Service"), the Customer does so at its liability and must 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. The Company 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 the Company's willful misconduct or gross negligence.
  3. The Company 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. The Company will 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 the Company's willful misconduct or gross negligence.
  5. The Company will 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 27 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. If an ordered product is damaged or rendered unusable because of a natural disaster (including, without limitation, earthquakes, floods, and fires), a power failure or similar event, or damage to the lines of a telecommunications carrier.
  2. If it is possible delivering the Products will be difficult because of a natural disaster (including, without limitation, earthquakes, floods, and fires), the enactment or abolishment of a law or ordinance, a labor dispute, or any other unavoidable situation.
  3. If the ordered products require repairs or maintenance.
  4. If the Company otherwise believes the discontinuation of the Service is necessary in relation to the operation of the Service.

Article 28 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 the Company or cause another Customer, a third party or the Company 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 the Company.
  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 the Company otherwise deems inappropriate.

Article 29 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 will indemnify the Company for any trouble or damages in connection with problems arising through the Customer's breach of this Article 31.

Article 30 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 31 Use of Customer Information

  1. Information collected by Company will be used for the following:
    1. To provide Corporate information, Business infomation and events by Misumi Group/Misumi Corporation.
    2. To provide Product information or surveys regarding Misumi's Machinery Related Business or Diversified Business.
  2. The Company 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 the Company web site are also applicable.
    1. When the Company 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 the Customer agrees to the Company disclosing its details such as its name, address, telephone number or email address.
    3. When disclosure is required by laws, regulations or ordinances.

Article 32 Liability of the Company

The Company 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, the Company will 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 the Company. 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 33 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 34 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. The Company may separately stipulate details regarding such services and the Customer must use such services in accordance with such separate stipulations.

Article 35 Communications with the Company

The Customer is requested to place orders, give notifications and make any other communications regarding transactions to the Company during the reception time of the Company set out in the Catalog. The Customer is also requested to contact the Company 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 36 Business Day

The Company 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 the Company may change such date without notifying the Customer in advance.

Article 37 Consultation

Any matters not provided for in these Terms and Conditions must be dealt with in accordance with the spirit of these Terms and Conditions upon consultation between the Company and the Customer. These Terms and Conditions have been enacted in September 2009
(These Terms and Conditions apply to the Catalog issued in September 2009 and each subsequent Catalog)

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Customer Service

Web Inquiry

+91-124-468-8800 (9:00AM-5:30PM Monday to Saturday)

mail:cs@misumi.co.in (English Only)

日本語でのお問い合わせはジャパンデスクまで

+91-124-468-8808(9:00AM-5:30PM月ー金 / 9:00AM-1:00PM 土)

mail:japandesk@misumi.co.in(Japanese Language Only)