Terms and Conditions of Sale

All purchases of products (the "Product(s)") from catalogs, which are issued by MISUMI USA, INC. ("MISUMI") including paper-based catalogs or catalogs available on MISUMI's website (collectively, the "Catalog"), will be governed by these Terms and Conditions of Sale (the "Terms and Conditions"). All purchasers who utilize the Catalog service (the "Service") must strictly adhere to these Terms and Conditions, unless otherwise set forth in a signed statement by an authorized representative of MISUMI.

Article 1 Registration

  1. To use the Service, an applicant must complete the customer registration procedures of MISUMI. After the applicant has completed the customer registration procedures in the manner specified by MISUMI and has been approved as meeting the standards prescribed by MISUMI, MISUMI will issue a Customer Number and the applicant will become an approved customer (the "Customer"). In order to use the Service or purchase the Products through MISUMI's website (https://us.misumi-ec.com) ("WEB"), a separate WEB registration is required in addition to the customer registration.
  2. MISUMI may deny any 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 of the North or South America;
    • 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 applicant is a distributor, or intends to resell;
    • it appears that the applicant will attempt to transfer or sell its Customer Number or Login ID;
    • any other matter that MISUMI 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. Please note that the Customer Number is different from the User ID issued after WEB registration.
  4. Any and all purchases made using the User ID or Customer Number issued to the Customer shall be deemed orders made by the Customer.
  5. MISUMI will notify the Customer by facsimile or by email of sales campaigns and other matters when sending the Catalog or other materials. MISUMI will not send such information to the Customer if the Customer so requests, and the Customer may opt out of such mailings by contacting MISUMI or by clicking the "opt out" provision in the email.

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 any terms set out in the Catalog (including, without limitation, specifications, price, delivery date, and terms of use). Please be aware, however, that though MISUMI will make commercially reasonable efforts to provide up to one (1) year notice of any changes to the availability of the Products, because of the nature of the Products, the nature of Customer's business, other standards prescribed by MISUMI, or at the discretion of the original manufacturer or MISUMI, some Products may be removed from the Service or the Catalog without prior notice or warning to the Customer and without liability to MISUMI.
  2. The Customer may use the Service provided by MISUMI on the WEB, in accordance with these Terms and Conditions and all additional terms and conditions therein. MISUMI may suspend or discontinue the provision of the Service on the WEB for any reason whatsoever, without prior notice, including for any maintenance of the website or repair of equipment.
  3. The Service is provided within the country where MISUMI is located and is not available in areas where deliveries cannot be made. Please direct any queries to MISUMI.
  4. Regarding Volume Discount Rates 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 information.

Article 3 Ordering the Products

  1. The Customer may purchase the Products using the following methods; provided, however, that MISUMI may restrict the ordering method depending on Special Orders (as defined in Article 9) or the type or quantity of the Products ordered. The dates and times MISUMI receives orders are set out in the Catalog or WEB. Please note that it may not be possible to use the following methods depending on the country:
    • Internet orders: fill in the required fields on the WEB, at https://us.misumi-ec.com. Please consult MISUMI for details on how to use the WEB.
    • Facsimile orders: MISUMI will accept a Customer order as long as it contains all necessary information to fulfill the order and is sent to the fax number supplied by MISUMI.
    • Email orders: MISUMI will accept a Customer order as long as it contains all necessary information to fulfill the order and is sent to the email address supplied by MISUMI.
  2. Orders made by the Customer will become effective upon receipt and acceptance of the order by MISUMI. 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 will not be deemed received and MISUMI 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 and acceptance of the order by MISUMI.

Article 4 Indemnification and Customer's Obligations

  1. The Customer acknowledges and understands that the Products are to be used as a part of general production equipment or for general commercial or industrial uses in line with the nature of the Products ("General Industrial Use"). Please note that General Industrial Use does not include: (1) any use in transportation devices with the purpose of transporting humans such as automobiles, planes, or ships; (2) medical equipment for the purpose of curing and/or diagnosing humans; or (3) consumer goods used in homes including any electronic equipment.
  2. It is the exclusive responsibility of the Customer to determine application suitability for the Products.
  3. Notwithstanding Provision 4.2 above, the Customer acknowledges that the Products may not be:
    • Sold to, shipped to, or used by any of the following countries: People’s Republic of Korea (North Korea), Iran, Iraq, Libya, Afghanistan, Congo, Cote d’Ivoire, Lebanon, Liberia, Sierra Leone, Somalia, Sudan, Eritrea, Syria, Cuba, the Central African Republic, and/or South Sudan;
    • Used for development, production, or storage of:
      1. i. any military weapon, including military firearms, unmanned weaponized aircraft, nuclear missiles, and the development, production, use, or storage of chemical or biological weapons;
      2. ii. Nuclear energy equipment; or
      3. iii. Aerospace equipment.
    • Used by any End-User who is an individual, company, organization, or association that is known to be or has been associated with any of the prohibited use above. For this provision, an End-User is any entity which will use the Products in its equipment or devices or which will assemble or process the relevant Products.
  4. The Customer will defend, indemnify, and hold harmless MISUMI and its affiliates, 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:
    • use of the Products for other than General Industrial Use;
    • not using the Products in compliance with the Catalog or the Terms and Conditions, including all references to specifications, intended uses, terms of use, conditions of use, drawings; or any notice or other description, warning or precaution; or
    • any Customer violation of any of the terms specified in the Terms and Conditions.
  5. In the event that the customer exports the Products or any equipment for General Industrial Use (or parts thereof) to any country outside of the country of purchase, the customer must comply with all the applicable laws and regulations and must be responsible for all required procedures.
  6. 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" Period and Shipping Terms

  1. MISUMI will ship the Products to the Customer based on the shipping dates ("Days to Ship") set out on the relevant page of the Catalog. However, depending on the type and quantity of the Products ordered (for example, due to customization of Products or the order size), or depending on the time when the order is placed, MISUMI may determine alternative shipping dates. Unless otherwise stated, freight (which includes shipping, handling and/or insurance fees) will be charged for shipments to the Customer's place of business using a carrier of MISUMI's choice (unless the Customer's purchase order requests use of their own carrier). Shipments outside of the United States and Canada will be sent freight and duty collect by a carrier of the customer's choice. Title and risk of loss of all shipments pass to the Customer upon tender of the Products to the carrier. If the Product is damaged in transit, the Customer must file its claim with the carrier.
  2. Unless otherwise provided in the Catalog, the Days to Ship will start on the next regular business day following the day the order is accepted by MISUMI, excluding any holidays of MISUMI.
  3. Please also be aware that occasionally, Products may not be delivered within the delivery period set out in the Catalog due to uncontrollable transportation factors such as weather, traffic jams, road construction, the timing of the shipment (during a holiday period), or any other reasons. When such delays occur, MISUMI 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 MISUMI's delivery form as proof of receipt.
  2. The Products may not be delivered if the Customer's name cannot be confirmed.
  3. If a Customer requests the Products be delivered to a location other than as originally specified, the person receiving the Products may be required to provide appropriate personal identification such as a driver's license or passport and details such as the address, name and registration number in the license or passport provided may be copied.

Article 7 Inspections

  1. Within one (1) week of receipt of the Products, the Customer must inspect the Products to confirm the type and quantity of the Products, verify that the specifications of the Products match those listed in the Catalog or, in the case of special orders, the specification in the Customer's drawings, and verify that that there is no damage, or defects (collectively, "Defects") in the Products. If the Products fail to meet the specifications or have any Defects, the Customer is requested to immediately send written notification detailing Defects to MISUMI within one (1) week of the receipt of the Products, and if MISUMI requests, return such Product to MISUMI.
  2. If it is discovered through the inspection that all or part of the Products fail to meet the specifications, MISUMI will check such Products to determine the reason for the failure. If it is clear to MISUMI that the Defects are attributable to only MISUMI, MISUMI will promptly deliver a replacement for 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.
  3. Please note that MISUMI will deem that the Products have been inspected and accepted by the Customer if MISUMI does not receive notice within one (1) week of receipt of the Products.

Article 8 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 may return the extra Products to MISUMI after contacting MISUMI. MISUMI will pay shipping costs incurred in returning the extra Products. The Customer is kindly requested to keep the extra Products in the original condition and packaging from the time it receives such Products until it returns them to MISUMI.

Article 9 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 MISUMI or other special orders for Products not within the specifications listed in the Catalog ("Special Orders"). Other than the ordering method and warranty, these Terms and Conditions apply to Special Orders to the extent that they do not contradict the nature of the Special Orders.

Article 10 Applicable Taxes

Customer is responsible for payment of all applicable state and local taxes, or for providing a valid sales tax exemption certificate.

Article 11 Payment

  1. The Customer must pay the MISUMI quoted price for the Products it has purchased and all taxes imposed thereon by any of the methods set out in the Catalog and selected by the Customer in the customer registration within the payment term determined at the customer registration. Further, please be aware that MISUMI may request advance payment or credit card payment from new customers, due to the status of a transaction or for other reasons.
  2. If a Customer fails to pay the amount due for Products purchased and all taxes by the due date, any amounts due shall bear interest at the rate of eighteen percent (18%) per annum or the highest rate of interest permitted by applicable law, whichever is lower, until paid in full.
  3. If payment by a Customer cannot be confirmed by the specified due date, MISUMI may suspend the Customer's future shipments of ordered products, and/or revoke the Customer's registration.
  4. A Customer may change its payment method by contacting MISUMI, but please note that in some cases delays may occur depending on the payment method.
  5. Customers making purchases by credit card will be charged at the time an order is accepted by MISUMI.

Article 12 Credit Balance

The Customer agrees that any credits must be requested within one (1) year of issuance. If a credit is not requested within one (1) year, any credit balance remaining will be automatically cancelled, and MISUMI shall have no further liability.

Article 13 Maximum Credit Amount

  1. MISUMI will set a maximum credit amount the Customer can be indebted to MISUMI for the purchase of the Products at any given time (the "Maximum Amount").
  2. MISUMI may respond at its discretion in any of the following ways if the total price for the Products ordered by the Customer exceeds the Maximum Amount. Please be aware that it may not be possible to deliver Products by the prescribed delivery date where the Maximum Amount is exceeded.
    • Require the Customer to pay in advance or pay any outstanding amount.
    • Refuse the order.
    • Any other method determined by MISUMI in its sole discretion.
  3. The Customer may check its Maximum Amount by contacting MISUMI.

Article 14 Refusal to Receive Products

If a Customer refuses to receive the Products or the Products cannot otherwise be delivered to the Customer's address for reasons attributable to the Customer, the Customer remains liable for all Product ordered as well as any damages incurred by MISUMI as a result of the non-delivery.

Article 15 Force Majeure Disclaimer

MISUMI will not be liable for any damages, loss, costs or expenses, if any delivery of Products is delayed or made 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 circumstances beyond the control of MISUMI (a "Force Majeure" event). MISUMI will notify the Customer of a Force Majeure event within a reasonable period based on the unique circumstances.

Article 16 Changing or Cancelling Orders

  1. Customer may change the details of or cancel an order ("Cancellation") in accordance with the "Cancellation Policy" as set out in the Annex A hereto by contacting MISUMI by telephone or through the WEB. Notwithstanding the foregoing, MISUMI reserves the right not to accept cancellations because of the nature, type, quantity or shipping date of Products, the distribution system used, or other relevant factors.
  2. If a Cancellation is made through no fault of MISUMI there may be a restocking charge or a production cancellation charge as provided for in the Cancellation Policy. These fees are applied to offset the costs incurred by MISUMI for handling and/or production work already performed.
  3. No Cancellations or returns can be accepted if Express Service is requested at the time of the order.
  4. Depending on the timing of the Cancellation, type and quantity of the Products and other factors, the Customer may also be required to pay a cancellation charge pursuant to the terms set out in the Catalog or in the Cancellation Policy.

Article 17 Returning and Replacing Products

  1. If a return or replacement is requested through no fault of MISUMI, there will be a handling or restocking charge (see Annex A).
  2. The Customer may request return or replacement of Products to MISUMI, unless any of the following cases apply:
    • The Products are not designated as "Stock" in the Catalog.
    • The Product(s) packaging has been opened.
    • Special Orders under Article 9 of these Terms and Conditions or the Products that are otherwise custom made for Customer.
    • The Products are ordered by MISUMI from a third party at the Customer's request.
    • The Products have deteriorated or been damaged except as otherwise provided in these Terms and Conditions.
    • The Products that the Customer wishes to return because of the Customer's preferences such as the Products not suiting the Customer's tastes (having a different color or appearance from that in Catalog).
    • The Products that have marks or damage attributable to the Customer.
    • If 30 days have passed since the date of delivery of the Products.
    • If the Customer has placed a large order for the Products.
    • Dangerous goods.
  3. If a Product contains any Defects attributable to MISUMI, MISUMI will replace or accept a return of such Product in accordance with the Warranty. MISUMI will pay for reasonable shipping costs incurred in replacing such Product.
  4. Except as noted above, the Customer must pay all associated shipping costs and a handling or restocking fee equal to 20% of the total sales amount of the returned Products.
  5. The purchase price of the Products that have been returned to MISUMI will not be calculated in the aggregate amount that is used to determine any volume discounts offered by MISUMI.
  6. All returns require a Return Authorization number assigned by MISUMI. All shipments without a RA# (Return Authorization number) clearly indicated on the package will be refused.

Article 18 Warranty

The sole warranty made with respect to the Products is provided in annex B hereto.
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.

Article 19 Revocation of Registration and Termination of Sales Agreements

  1. If any of the following apply to the Customer, MISUMI may revoke the Customer's registration, suspend or discontinue the Service (or part of the Service) without prior notice, and immediately terminate any purchase orders or sales agreements it has entered into with the Customer without further notice:
    1. If it becomes evident that any provision in Article 1.2 applies to the Customer.
    2. If the Products are used in any way prohibited by Article 4.3.
    3. If the Customer delays in or fails to perform its obligations arising through use of the Service and fails to remedy its performance within seven (7) days, regardless of whether MISUMI gives notification to the Customer demanding remedy thereof.
    4. In addition to Article 19.1-c), if the Customer breaches any of these Terms and Conditions and fails to remedy its performance within fourteen (14) days, regardless of whether MISUMI gives notification to the Customer demanding remedy thereof.
    5. If the Customer sustains a negative disposition from a relevant authority, such as a cancellation or suspension of its business operations.
    6. If the Customer is subject to a suspension of payments or becomes insolvent.
    7. If the Customer's credit rating substantially deteriorates or there is a material change to its business that will affect its credit rating.
    8. If the Customer is subject to a petition for attachment, provisional attachment, provisional disposition or any other compulsory execution or action filed by a third party, or is subject to a disposition to collect tax or other public charge delinquencies.
    9. If a petition for bankruptcy, reorganization or other insolvency proceeding is filed against or by the Customer.
    10. If the Customer passes a resolution to dissolve or merges with another company.
    11. If it becomes difficult for the Customer to perform its obligations under these Terms and Conditions or any individual purchase orders or sales agreements due to a natural disaster, labor dispute or other reasons.
    12. If the Customer defrauds MISUMI or commits any other act in bad faith.
    13. If the Customer's financial condition deteriorates or there are grounds to objectively believe this may occur.
    14. If MISUMI cannot contact the Customer using reasonable methods of communication.
    15. If the Customer cancels its registration at its own discretion under Article 21.
    16. If the Customer has not placed an order for one (1) year or more.
    17. If the Customer carries out any of the prohibited acts under Article 29.
    18. If there are grounds that otherwise make MISUMI believe the Customer is unsuited to be a customer.
  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.

Article 20 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 MISUMI of such change in writing or through the WEB using the prescribed procedures.
  2. If (i) the Customer transfers its business to a third party, receives an assignment of a business from a third party or undergoes a merger, or (ii) any of the circumstances set out in Article 19.1 occur, the Customer must immediately notify MISUMI and MISUMI may, if it deems necessary, request consultation with the Customer about the Customer's registration.
  3. If the Customer fails to or delays in giving the notice provided in Article 20.1 or 20.2, and the Products, the Catalog or any administrative communications are not delivered to the Customer or such delivery is delayed, MISUMI will have no liability for such failures or delays. Further, the Customer must pay for all related costs in resending items to its new address and/or for all 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 of such revocation.

Article 22 Governing Law and Jurisdiction

These Terms and Conditions, the sale or purchase of the Products, and/or the relationship of the parties shall be governed by and construed in accordance with the laws of the State of Illinois, excluding that body of Illinois law concerning conflicts of law. The parties hereby agree that the United Nations Convention on the International Sale of Goods shall have no application to this Agreement or the sale or purchase of the Products. Any claim arising out of or related to these Terms and Conditions, the sale or purchase of the Products, or the relationship of the parties shall be brought exclusively in a state or federal court located in the state of Illinois, and the parties hereby submit to and waive any objections to the exclusive jurisdiction thereof.

Article 23 Revisions to Price and Specifications

Though MISUMI will make all commercially reasonable efforts to provide up to one (1) year notice of any changes to the availability of the Products, MISUMI may, at its discretion, with or without notice and without liability to MISUMI, suspend sales of the Products and/or revise Product information published in the Catalog ("Revisions") including but not limited to Pricing, Days to Ship, and/or design specifications of the Products. Should MISUMI decide to provide notice to Customer of such Revisions, it may choose the timing, media and other methods concerning such notice at its discretion. Should Customer order the Products after such Revisions, the Customer shall be deemed to have approved and accepted such Revisions without any further liability to MISUMI.

Article 24 Approval to Amend these Terms and Conditions

MISUMI may revise, modify or amend these Terms and Conditions ("Amendments") and will set forth such Amendments on the WEB. If the Customer orders the Products after such Amendments, the Customer will be deemed to have approved and accepted such Amendments.

Article 25 Effective Term of Catalog

The Catalog (for the purpose of this Article, excluding the Catalogs without an effective date or Catalogs available on the WEB) is effective only until the end of the effective period set forth in the Catalog unless otherwise specified by MISUMI (the "Catalog Effective Term"). Please be aware that, unless MISUMI indicates otherwise, the Customer will be unable to make any orders from the Catalog after expiration of the Catalog Effective Term or from any Catalog issued before the expiration of the current Catalog Effective Term. The expiration of the Catalog Effective Term will not limit in any way the effect of this provision. MISUMI 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 where the Catalog Effective Term has expired. In the event that the Catalog Effective Term will be extended or a new Catalog is published, MISUMI will endeavor to place a notice on the WEB.

Article 26 Priority of these Terms and Conditions

If there is any contradiction between these 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), these Terms and Conditions will take priority.

Article 27 Disclaimer Concerning Internet Services

  1. When the Customer views information uses the Service through the web site of MISUMI (the "Internet Service"), the Customer does so at its own risk and must do so in accordance with these Terms and Conditions and all other terms of the Internet Service including all applicable laws and ordinances.
  2. MISUMI 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, ethics, or imperviousness to computer viruses of, for example, the Products, information, and services provided through the Internet Service.
  3. MISUMI addresses security matters appropriately, such as preventing information disclosures, 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. MISUMI 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).
  5. MISUMI will not be liable in any way for any damages that the Customer incurs as a result of using the Internet Service in a way other than is reasonable.

Article 28 Temporary and Permanent Discontinuation of the Service

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 and with no liability to MISUMI:

  1. If an ordering system or equipment is damaged or rendered unusable because of a Force Majeure event (including, without limitation, earthquakes, floods, and fires), a power failure or similar event, or damage to the lines of a telecommunications carrier or internet provider.
  2. If it is possible that delivering the Products will be affected by 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 ordering system or equipment requires repairs or maintenance.
  4. If MISUMI otherwise believes the discontinuation of the Service is necessary for the overall operation of the Service.

Article 29 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, Login ID or password.
  4. Act in a way that might be detrimental to another Customer, a third party or MISUMI or cause another Customer, a third party or MISUMI to incur damages.
  5. Carry out any act that might infringe any copyright or other intellectual property right or any right to privacy or other right of another Customer, a third party, or MISUMI.
  6. Illegally access the Internet Service and/or falsify information.
  7. Use the Internet Service to send or post harmful computer viruses or programs.
  8. Carry out any act that might contravene public policy or any law or ordinance.
  9. Assign or transfer any of the Customer's rights or obligations which may arise in connection with these Terms and Conditions or the Service.
  10. Carry out any act that MISUMI deems inappropriate.

Article 30 Copyright

  1. The Customer may not without the approval of MISUMI, which is the copyright holder, use any of the information provided through the Service beyond the scope of applicable copyright law.
  2. The Customer will defend, indemnify and hold harmless MISUMI from and against any claims or damages in connection with or arising from the Customer's breach of this Article 30.

Article 31 Management of Customer Numbers

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

Article 32 Use of Customer Information

  1. Information collected by MISUMI will be used for the following:
    • To provide the Customer with certain corporate information, business information and events of Misumi Group/Misumi Corporation.
    • To provide Product information or surveys regarding MISUMI's related businesses.
  2. MISUMI may not disclose or provide to a third party any information obtained in relation to use of the Service, except for the following cases.
    • When disclosed to the courier company or manufacturer who delivers the Products to the Customer, or is otherwise necessary to carry out the Services.
    • When the Customer agrees to allow MISUMI to disclose certain details such as its name, address, telephone number, email address, etc..
    • When disclosure is required by laws, regulations or ordinances.
  3. All customer information provided to MISUMI shall be protected in accordance with MISUMI's Privacy Policy on its website.

Article 33 Limitation of Liability

IN NO EVENT SHALL MISUMI 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, RELATED TO, OR IN CONNECTION WITH THE PRODUCTS, WHETHER OR NOT CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF MISUMI OR ITS AGENTS, UNLESS SPECIFICALLY PROVIDED HEREIN.

IN NO EVENT SHALL MISUMI'S LIABILTY HEREUNDER OR OTHERWISE ARISING RELATIVE TO THE SALE OF THE PRODUCTS EXCEED IN ANY EVENT OR UNDER ANY THEORY OR CAUSE OF ACTION, THE PURCHASE PRICE PAID BY THE CUSTOMER TO MISUMI FOR THE PRODUCTS.

Article 34 No Cooling-Off Period

To the extent permissible by applicable law, no cooling-off period will apply to mail-order sales of the Products listed in the Catalog.

Article 35 Other Services

These Terms and Conditions also apply to services other than in connection with the sale of the Products listed in the Catalog, provided that the Terms and Conditions do not contradict the nature of such services or any terms and conditions provided by MISUMI for such services. MISUMI may separately stipulate details regarding such services and the Customer must use such services in accordance with such separate stipulations.

Article 36 Communications with MISUMI

The Customer is requested to place orders, give notifications and make any other communications regarding transactions to MISUMI during the regular business hours of MISUMI set out in the Catalog. The Customer is also requested to contact MISUMI regarding any problems with the Products or other technical consultations. Please see the Catalog for all other details.

Article 37 Performance of Services

MISUMI may, at its discretion, set the date for performing the Service (including, without limitation, the date of registration, order, and/or delivery). Please be aware, however, that MISUMI may change such date without notifying the Customer in advance.

Article 38 Consultation

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

Effective as of: March 1, 2016

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