Terms and Conditions of Sale
All purchases of products (the "Products") available on the MISUMI's website (the Website) and catalog issued by MISUMI MALAYSIA SDN. BHD. ("MISUMI") (the "Catalog") will be governed by these Terms and Conditions of Sale (the "Terms and Conditions").
The “Products” include both:
(i) products listed on the Website or in the Catalog (“Standard Products”); and
(ii) products manufactured or supplied based on CAD data, drawings, specifications, standards, or other customer requirements (“Special Order Products”).
These Terms and Conditions shall apply to all purchases made through the Website, Catalog, or related ordering services (the “Service”), unless otherwise expressly agreed in writing and signed by an authorized representative of MISUMI. In the event of any inconsistency between these Terms and Conditions and any purchase order, order form, or customer terms, these Terms and Conditions shall prevail.
Article 1 Registration
- To use the Service, the applicant (you) 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").
- MISUMI may deny approval of an application to register as a customer of MISUMI for any of the following reasons:
- the applicant is not registered as a corporation;
- the applicant has already registered;
- the applicant's principal place of business or postal address as of the time of the customer registration procedures is outside Malaysia;
- it becomes evident that the applicant has had its customer registration revoked in the past;
- any of the details in the customer registration application are untrue;
- it is evident that the applicant is a distributor, or intends to resell;
- The applicant attempts to transfer or sell the Customer Number or User ID;
- the applicant is, or is affiliated with, any organized crime group, group related to organized crime, or any other antisocial or unlawful organization or individual (collectively, “Antisocial Forces”);
- the applicant is listed on, or subject to, any sanctions or restricted party lists issued by the U.S. Department of Commerce (including the Denied Persons List, Unverified List, Entity List, and Military End User List) or the U.S. Department of the Treasury (including the Specially Designated Nationals and Blocked Persons List) (collectively, “Sanctions Lists”);
- the applicant has used, or is likely to use, the Products in violation of the “Obligations regarding Use of the Products” (including any prohibited use such as [IA use / illegal use, as applicable]) as set out in Article 4; or
- any other matter that MISUMI deems to be inappropriate for approval of customer registration.
- Before ordering the Products, the Customer shall register as a Customer to be issued Customer Number according to Article 1 and register as an User of the Website to be issued User ID.
- Any and all purchase orders made by any User ID under the Customer Number issued for the Customer shall be deemed as orders of the Customer.
- 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
- The Customer may purchase the Products listed in the Website or the Catalog using the Service subject to the provisions of the Terms and Conditions and any terms set out in the Website and the Catalog (including, without limitation, specifications, price, Shipping Day (including the shipping period), 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.
- The Customer may use the Service provided by the 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.
- The Service is provided within the distribution area of MISUMI, except areas listed in the Website or the Catalog as deliveries cannot be made.
- If the Customer desires to request quotation due to volume discount rate under the Website or the Catalog or other reasons, the price and shipment date of the Products will be determined by the quotation issued by MISUMI.
Article 3 Ordering the Products
- 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 Website and the Catalog.
Internet orders: fill in the required fields on the ordering page of the Website. Please visit the Website or consult MISUMI for details on how to use the web site. - Orders made by the Customer shall become effective upon receipt of the order by MISUMI under Article 3.1. 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.
- 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.
- Please be aware that MISUMI may claim from the Customer any expenses MISUMI incurs in connection with requests from the Customer.
Article 4 Indemnification
The Customer may order the Products with the following conditions with respect to the use of 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:
- The Products are designed and manufactured for use in the industrial automation industry, including components for automated machinery and equipment, mold components, as well as auxiliary materials and consumables used in manufacturing and automation environments (collectively, the “IA Use”). Please note that IA 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.
- The Products may not be used in aerospace equipment, nuclear energy equipment, or military related products, such as weapons or arms.
- The Products or any equipment for IA Use (or parts thereof) will not be used in, exported to, or sold to any country outside the country of purchase.
- 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 Website and 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).
- 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
- MISUMI will ship the Products from its warehouse or suppliers in accordance with the required number of Shipping Day of the Products set out in the relevant page of the Website and 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.
- For shipments outside Malaysia, shipments will be sent freight and duty collect by a carrier of the customer's choice.
- Shipments of Products are processed by third party service provider. Shipping rates are determined by such service provider and may be subject to change without prior notice.
- Unless otherwise noted, Shipping Day will be calculated from the following date of the entry of sales agreement between the Customer and MISUMI excluding the holidays listed in the Misumi Calendar on the Website or Catalog. If the time the Customer sends an email order and the time MISUMI receives such order differs due to the transmission environment of the email, the Production Time, the Shipping Day will be calculated from the time MISUMI receives such order.
- Shipping Day and the dates that the Products are actually delivered to the Customer are different. When ordering the Products, please see the period required for the delivery by area set out in the Website or the Catalogs.
Please be aware that the Products may not be delivered by Delivery Date due to transportation factors such as weather, traffic jams, or road construction, the timing of the delivery (such as during holidays), or any other reasons. In such case, MISUMI shall not be liable to the Customer in any way.
Article 6 Delivery of the Products
- 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.The risks of loss, damage, or other hazards related to this product that occur before the transfer of ownership of the Product shall be borne by our MISUMI, except when the responsibility of such risk is attributable to the Customer, and those that occur after the transfer of ownership of the Product shall be borne by the Customer, except when the responsibility of such risk is attributable to MISUMI.
- 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.
- 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
- 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 Website and 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 including photo of product and packaging with clear label to the address designated by MISUMI.
- 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 the 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
Special Order Products may have different ordering procedures and the Service are different from the orders for the Standard Products.However, unless contrary to the nature of custom-made products, these Terms of Use shall also apply to custom-made products.
Article 11 Applicable Taxes
The Customer shall additionally pay an amount equivalent to all applicable taxes incurred in using the Service, including SST and any sales taxes, if any.
Article 12 Payments
- The Customer shall pay the purchase price for the Products it has purchased, other fees (including shipping cost), and all taxes imposed thereon by any of the methods set out in the Website and the Catalog and selected by the Customer at the customer registration; provided, however, that the Customer may be required to change the payment method upon request from MISUMI. The payment term ("Payment Term") shall be determined at the customer registration. Please be aware that MISUMI may request advance payment from the Customer if it is a new customer, depending on the status of a transaction or for other reasons.
- 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. The Customer shall be liable for the relevant bank fee of such payment, if any.
- If the Customer fails to pay the amount for the Products, shipping cost (if any) 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 MISUMI separately or if such rate is higher than the highest rate of interest permitted by applicable law, such highest rate.
- If payment by the Customer cannot be confirmed by the specified due date based on the Payment Term, please be aware that MISUMI may carry out predetermined procedures, such as suspending the Customer's order and shipment of ordered products, or revoking the Customer's registration.
- If the Customer desires to change its payment method, please contact MISUMI. The new payment method will apply as separately determined by the Company.
Article 13 Maximum Credit Amount
- 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").
- 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.
- Requesting the Customer pay in advance or pay the outstanding amount.
- Refusing the order.
- Any other method determined by MISUMI.
- 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, spread of infection 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 15A MISUMI's Disclaimer
- MISUMI is only responsible for the specifications of the products listed on our website or in our catalog, and we do not provide any guarantees regarding the suitability, usefulness, compatibility, or interoperability of the products with other items, the sales period, or any other warranties.
- MISUMI does not provide any warranties for sample products provided free of charge to customers in connection with the products or various services listed on the Website or in the Catalog. MISUMI Shall not accept returns or exchanges for any reason.
- MISUMI does not provide any guarantees regarding the accuracy, suitability, usefulness, compatibility, or interoperability of various data provided through services or business support listed and offered on the Website or in the Catalog, the service implementation period, or any other warranties.
- If the Customer violates any usage precautions, the Customer shall have no right to any compensation or claims against MISUMI.
- If the Customer exports or re-exports the Products, whether directly or indirectly, the Customer shall do so at its own responsibility and expense and shall comply with all applicable laws and regulations, including without limitation all applicable export, re-export, customs, strategic trade control, and sanctions laws and regulations of Malaysia and any other relevant jurisdictions.
Article 16 Changing or Cancelling Orders
Orders can only be changed or canceled in accordance with the Cancellation Policy.
Article 17 Returning and Replacing Products
- After the inspection period stipulated in Article 7, if the Customer wish to return or exchange the Products, the Products can be returned or changed only in accordance with the Cancellation Policy.
- If the Product delivered by MISUMI is damaged or incorrect due to reasons attributable to MISUMI, please contact our customer service within one month from the shipping date. Based on the Customer's report, if MISUMI acknowledges that the damage or mistake is due to reasons attributable to MISUMI, MISUMI will accept returns or exchange. The shipping cost for such returns or exchanges will be borne by MISUMI. However, if the condition of the Product cannot be confirmed, MISUMI may refuse the return or exchange of the product.
Article 18 Warranty
- The Warranty for the Product shall be in accordance with MISUMI Warranty
THE 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
- 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:
- If it becomes evident that any of the cases set out in Article 1.2 apply to the Customer.
- If the Products are used for the purpose other than the IA Use.
- If the Products are used in aerospace equipment, nuclear energy equipment, or military related products, such as weapons or arms.
- 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.
- 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.
- 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.
- If the Customer sustains a disposition from the relevant supervisory agency, such as a cancellation or suspension of its business operations.
- If the Customer is subject to a suspension of payments or becomes insolvent, or a check issued by the Customer is subject to dishonor.
- If the Customer's credibility substantially deteriorates or there is a material change to its business that will affect its credibility.
- 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.
- If a petition for bankruptcy, reorganization, or other insolvency proceeding is filed against or by the Customer.
- If the Customer passes a resolution to dissolve or merges with another company.
- 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.
- If the Customer defrauds MISUMI or commits any other acts in bad faith that makes it difficult to continue the Customer's membership.
- If the Customer's financial condition deteriorates or there are grounds to objectively believe this may occur.
- If MISUMI cannot contact the Customer using reasonable methods of communication.
- If the Customer cancels its registration at its own discretion under Article 21.
- If the Customer has not placed an order for one (1) year or more.
- If the Customer carries out any of the prohibited acts under Article 29.
- If Customer is found to be an antisocial force
- If Customer is an organization or company listed on the U.S. Trade Prohibition Lists, etc.
- If there are grounds that otherwise make MISUMI believe the Customer is inappropriate as a customer for the Service.
- 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
- 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, the Customer shall immediately notify MISUMI of such change in writing or through the website and follow the prescribed procedures.
- 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.
- 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 Malaysia without regard to its conflicts of law principles.
- Any claim or dispute arising out of or related to the Terms and Conditions, the sale or purchase of the Products, or the relationship of the Customer and MISUMI shall be brought exclusive in the competent courts in Kuala Lumpur, Malaysia, 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 Website and the Catalog ("Revisions"), including, but not limited to, pricing, the Shipping Day, design specifications of the Products, shipping costs or any other costs incurred due to the provision of the Products.
- Such Revisions shall be notified on the Website through changes of the content of the product (including discontinuation of the sales of products) or by other means at MISUMI's discretion.
- If the Customer orders this product after such revision, the Customer shall be deemed to have approved such revisions. However, minor modifications or changes that do not affect the standards or specification will not be notified to the customer.
Article 24 Approval to Amend the Terms and Conditions
MISUMI may revise, modify, or amend these Terms and Conditions (the “Amendments”) at any time, without prior notice, and such Amendments will be posted on the Website (including the product catalog and Terms and Conditions pages). By placing an order after such Amendments are posted, the Customer is deemed to have accepted such Amendments.
Article 25 Effective Term of Catalog
- The Catalog 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.
- When MISUMI publishes a latest version of the Catalog or other alternative catalog.
- When MISUMI notifies the Customer that the Catalog cannot be used or is invalid.
- 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
- When the Customer views information or receives the Services or the like by using the Website or the Catalog, 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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, spread of infection, or any other unavoidable situation.
- If an ordering system or equipment requires repair or maintenance.
- 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:
- Register false details in its customer registration.
- Carry out an act that would or might interfere with the operation of the Service.
- Make an order under another name or a false Customer Number or User ID.
- 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.
- 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.
- Illegally access to the Service via Internet and falsify information.
- Use the Service via Internet to send or post harmful computer viruses or programs or inappropriate content.
- Carry out any act that would or might contravene public policy or any law or ordinance.
- Assign or transfer any of the Customer's right and obligations which may arise in connection with the Service.
- Actions that cause disruption to the MISUMI's operations through inappropriate behavior, defamation, excessive demands, threatening behavior, or violence, in relation to the use of this service.
- Carry out any act that MISUMI otherwise deems inappropriate.
Article 30 Intellectual Property Right
- 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.
- 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.
- 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
- The Customer is responsible for managing its registered Customer Number, User ID and their passwords and accountable for all actions taken using Customer Number, User ID, or passwords.
- The Customer may not transfer, lend, or disclose its registered Customer Number, User ID, and passwords to a third party. If the Customer is aware of any leakage or unauthorized use of their customer number, login IDs, or passwords by a third party, they must immediately notify MISUMI.
- MISUMI will not compensate for any damages incurred by the Customer due to the leakage or unauthorized use of Customer Number, User IDs, or passwords by third party unless MISUMI is responsible for such use.
Article 32 Personal Information and Confidential Information
- Customers shall not use information disclosed by MISUMI in relation to the use of the Services, which is not publicly available and provided only to the respective customer (including special prices) for the purposes other than the use of the Services, nor shall they disclose or leak such information to third parties (excluding the customer's officers, employees, attorneys, patent attorneys, certified public accountants, tax accountants, etc., who are legally bound by confidentiality obligations).
- 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 liability hereunder or otherwise arising relative to the sale of the product exceeds, 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
The Product on this website or the catalog are sold for business use only.
To the extent permissible by applicable law, no cooling-off period will apply to mail-order sales of the Products listed in the Website and 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 Severability
If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable under applicable law, such provision shall be deemed modified to the extent necessary to comply with such law, or, if not possible, shall be deemed severed. The remaining provisions shall remain in full force and effect.
Article 37 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 Website and the Catalog.
Please contact MISUMI regarding any problems with the Products or other technical consultations. Please see the Website and the Catalog for all other details.
Article 38 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 39 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: 29 June 2026