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.
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.
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.
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.
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.
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 Gurgaon, 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 Gurgaon, India
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.
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.
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.
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.
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)
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.
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.
In addition, the Customer shall pay an amount equivalent to all applicable taxes incurred in using the Service.
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.
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.
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.
Customer may change the details of or cancel an order ("Cancellation") in accordance with the "Cancellation Policy" as below by contacting Company by telephone or e-mail. 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.
If a cancellation is made through no fault of Company there may be a cancellation charge . These fees are applied as the costs incurred by Company for handling and/or production work already performed.
For make-to-order items
Standard Shipping Date Orders
As for Standard Shipping Date Orders, changing / cancelling order is difficult because the production commenced on the day of order acceptance, however, Company can accept changes or cancellation within 2 hours of order confirmation at free of charge.
Cancellation after 2 hours of order confirmation will be subject to a 50% cancellation charge of the items cancelled. Changing or canceling orders will not be accepted after 4:00 PM (Monday to Saturday India Standard time) & on MISUMI India’s Holidays, even though the cancellation is submitted within 2 hours of order confirmation.
Ex. When shipping day is between 2nd to 14th business day of order confirmation
|Days After Order*||Order Day||Between 1st Day to 14th Day|
|Cancellation||Within 2 hours||After 2 hours, latest by 4:00 PM (Monday to Saturday)||Not Available|
|Free of charge||50% charge|
Specified Shipping Date Orders
When a shipping date is specified by Customer, changing/cancelling of orders are as follows :-
Ex. When specifying the 18th business day shipping from the next day of order confirmation (for products with 12 days lead time including production and custom clearance)
|Days After Order*||Order Day||1st Day||2nd Day||3rd Day||4th Day||5th Day||6th Day|
|Cancellation||Free of charge||Free of charge||Free of charge||Free of charge||Free of charge||Free of charge||Free of charge|
|Production||Not started||Not started||Not started||Not started||Not started||Not started||Not started|
|Days After Order*||7th Day||8th Day||9th Day||10th Day|
|Cancellation||Not available||Not available||Not available||Not available|
Ex. When specifying the 18th business day shipping from the next day of order confirmation (for products with 14 days lead time including production and custom clearance)
|Days After Order*||Order Day||1st Day||2nd Day||3rd Day||4th Day|
|Cancellation||Free of charge||Free of charge||Free of charge||Free of charge||Free of charge|
|Production||Not started||Not started||Not started||Not started||Not started|
|Days After Order*||5th Day||6th Day||7th Day||8th Day||9th Day||10th Day|
|Cancellation||Not available||Not available||Not available||Not available||Not available||Not available|
The Customer may cancel `Stocked Items` or `1 day` in the catalogue before they are dispatched at free of charge.
No cancellations or returns can be accepted if products have been ordered as a special order.
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.
Cancellation is possible prior to dispatch. Even after the goods have been dispatched, returns may be possible in accordance with “Returning and Replacing Products” clause.
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.
Customer may return and replace Products ("Return") to Company, if and only if:
・Goods are unopened & unused
・Goods have been stored in a suitable environment
・Goods are marked `Stocked Items` or `1 day` in the catalogue
・Goods are not ordered as `Large Order`
・Customer has contacted within one month of dispatch
・Returning cost will be borne by the customer
* Customer shall take prior consent / approval of MIPL, before returning the goods.
* Accepting the returned goods shall be at the sole discretion of Misumi India.
Please contact customer service for more details.
MISUMI INDIA PVT LTD,
Tel:+91-124-468-8800 Fax:+91-124-468-8811 Mail:email@example.com
The sole warranty made with respect to the Products is set that in annex A hereto.
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.
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.
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.
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.
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.
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.
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.
The Customer may not carry out any of the following acts while using the Service:
To the extent permissible by applicable law, no cooling-off period will apply to mail-order sales of the Products listed in the Catalog.
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.
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.
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.
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)
+91-124-468-8808(9:00AM-5:30PM月ー金 / 9:00AM-1:00PM 土)