Warranty
English / Tiếng Việt
Last updated on July 20th, 2017
Warranty Standard
All warranties on products (the "Products"), that are listed in the catalogs issued by MISUMI VIETNAM CO., LTD. ("MISUMI") or available on MISUMI's website (collectively the "Catalog") and purchased by the Customer from MISUMI, are based on the Terms and Conditions of Sale and the following warranty provisions (this "Warranty"). Please note that this Warranty does not apply to special orders.
By purchasing or using the Products, the Customer is deemed to have agreed with this Warranty, regardless of any other warranty provisions the Customer may have with MISUMI regarding the Products.
Some of the Products come with a manufacturer guarantee certificate or warranty. In this case, please be aware that the manufacturer guarantee certificate or warranty will supersede this Warranty and this Warranty will not be applicable.
Scope and Period of Warranty
- 1. With respect to the Products purchased by the Customer, MISUMI will replace all or part of the Products or repair the Products free of charge if it is deemed there is any damage, deformation or defects to the Products (the "Defects") that are attributable to MISUMI, on the condition that (i) written notification stating sufficient details of the Defects, satisfactory to MISUMI, reaches MISUMI within the warranty period (defined in the following clause), and (ii) MISUMI acknowledges the Defects are attributable to MISUMI.
Provided, however, that the following cases are outside of the scope of the warranty.- (1)Defects caused by use of the Products in any way other than as a part of general industrial use. Under this Warranty, general industrial use means use as a component of general production equipment or for commercial use or industrial application, but 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)Defects caused by use of the Products in aerospace equipment, nuclear energy equipment, or military-related products such as weapons or arms.
- (3)Defects caused by recklessness or error in the Customer's handling of the Products.
- (4)Defects caused by natural disasters (including, without limitation, earthquakes, fires and floods).
- (5)Defects caused by failure to comply with the specifications, intended uses, instructions and warnings, conditions of use, drawings or other matters relating to the Products that are provided in the Catalog; or with any notice or other description in documentation that comes with the Products (or its accessories).
- (6)Defects caused by the Customer itself processing, repairing, modifying or disassembling the Products.
- (7)Defects caused by equipment other than the Products.
- (8)Defects caused by use of the Products outside Vietnam.
- (9)Defects caused by using the Products for untested or unanticipated purposes or in untested or unanticipated ways.
- (10)Defects caused by the Customer using the Products in violation of the provisions of the Terms and Conditions.
- (11)Any other cases in which MISUMI provides in the Catalog that it will not repair or replace the Products.
- 2. The warranty period applicable to the Products under this Warranty is one (1) year from the day MISUMI ships the Products.
- 3. Minor flaws such as scratches, marks, dents or discoloration that do not make the Products unusable do not constitute Defects. Provided, however, that if MISUMI acknowledges any flaws such as scratches, marks, dents or discoloration to be particularly significant, such flaws will constitute a Defect.
- 4. Within one (1) week of receipt of the Products the Customer shall confirm the name and quantity of the Products, check that the specifications of the Products match those listed in the Catalog and that there are no Defects in the Products. If there is any Defect, the Customer must give written notification to MISUMI, from which the Customer purchased the Products, within one week. Please note that MISUMI may deem that the Products have no Defects under warranty if it does not receive notice within one (1) week of receipt of the Products.
- 5. The Customer will be charged for all replacements and repairs of the Products that take place after the warranty period, that are outside the scope of warranty, or are otherwise not subject to this Warranty. In certain cases, repair or replacement may not be possible due to the nature, production date or specification of the Products.
Disclaimer
- 1. Other than as expressly provided in the Terms and the Conditions and this Warranty, or otherwise stipulated by applicable product liability laws, MISUMI will not be liable in any way for any damages (regardless of whether such damages are direct or indirect, or general or special), losses or expenses arising in relation to Defects of the Products. Damages arising in relation to Defects of the Products include damages caused by Defects in manufactured goods using the Products, damages caused by recall of the Products or any manufactured goods using the Products and damages arising from inability to use the Products include damages caused by a suspension of any production line in the Customer's factories or production facilities.
- 2. The maximum liability of MISUMI for damages arising out of or in connection with Defects of the Product shall be limited to the actual amount paid by the Customer to MISUMI for the Products in Defects. In no event shall MISUMI be liable for any special, consequential or tort damages of any kind, including, but not limited to, damages resulting from any loss of profits.
- 3. In case MISUMI is not the manufacturer of the products or otherwise does not fall within the scope of applicable product liability laws, the Customer will seek damages under such product liability laws from the manufacturer of the products.
- 4. In particular, MISUMI will not be liable for any damages arising out of or in connection with any of the following cases.
- (1)Use of the Products by the Customer in violation of precautionary notices, warnings or any other provision contained in Terms and Conditions, Catalogs, manufacturer guarantee certificate or warranty
- (2)Defects in the Product caused by the willful misconduct or negligence of the Customer
- (3)Defects in the Products caused by force majeure
- (4)Infringement of any patent rights, utility model rights, design rights, trademark rights or other intellectual property rights of a third party arising in relation to the Products
- (5)Exportation of the Products or delays in or prohibition of exportation of the Products due to laws or ordinances, or regulations
Terms of Use
- 1. This Warranty only applies to the purchase and use of the Products within Vietnam, and is not applicable outside of such country.
- 2. Under this Warranty, MISUMI may request the Customer return the products that need to be repaired or replaced to MISUMI. Please be aware that MISUMI cannot send employees to the Customer to repair or replace the Products.
- 3. Production and sale of the Products may be suspended at the discretion of the original manufacturer. Please be aware that in this case it will not be possible to replace the Product with the exact same product.
MISUMI may revise, modify or amend this Warranty ("Amendments") and will set forth such Amendments in the Catalog or on the website of MISUMI. If the Customer orders the Products after such Amendments, the Customer will be deemed to have approved such Amendments.
Effective as of: 15 September 2016