Page 1619 - MISUMI Thailand Economy Series

In case that no warranty is applied to the defect of the Products Service will become immediately due and payable, and the
under the Warranty, repair or replacement of the Products will Customer shall promptly pay all such obligations. Further,
be charged and the Customer is required to pay the repair or the Customer shall indemnify MISUMI for any damages
replacement fee separately designated by MISUMI, provided, incurred by MISUMI due to the Customer’s breach of any
however, that the defect of the Products may not be repaired provisions of the Terms and Conditions.
or replaced because of the nature, manufacturing date, or
specifications of the Products in issue.
Article 20 Notification of and Changes to
Registered Information
Article 19 Revocation of Registration and
Termination of Sales Agreements 1. If there are any changes to the company name, address,
representative, telephone number, fax number, contact
1. If any of the following cases apply to the Customer, MISUMI person, e-mail address, or other information registered
may revoke the Customer’s registration, suspend, or by the Customer at the time of applying for customer
discontinue a part or all of the Services without prior notice, registration or user registration of WOS, the Customer shall
and immediately terminate any sales agreements it has immediately notify MISUMI of such change in writing or
entered into with the Customer without further notice: through WOS website and follow the prescribed procedures.
(1) If it becomes evident that any of the cases set out in 2. In addition to Article 20.1, if (i) the Customer transfers
Article 1.2 apply to the Customer. its business to a third party, receive an assignment of a
(2) If the Products are used for the purpose other than business from a third party, or undergo a merger; or (ii)
General Industrial Use. any of the circumstances set out in Article 19.1 occurs, the
(3) If the Products are used in aerospace equipment, nuclear Customer shall immediately notify MISUMI. In this case,
energy equipment, or military related products, such as MISUMI may, if it deems it is necessary, request consultation
weapons or arms. with the Customer about whether to continue transactions
(4) If the Products are resold to a third party, incorporated and the Customer’s registration.
in products offered to general consumers, or used in 3. If the Customer fails to notify or delays in giving the notice
any other similar manner without the written consent of provided in Article 20.1 or 20.2, and the Products and the
MISUMI. Catalog and any administrative communications are not
(5) If the Customer delays in or fails to perform its delivered to the Customer or such delivery is delayed,
obligations arising through use of the Service and MISUMI will deem such items to have arrived or been
fails to remedy this within seven (7) days, regardless received by the Customer at the time they would normally
of MISUMI’s notification to the Customer demanding reach the Customer. Further, the Customer shall pay for all
remedy thereof. shipping costs in sending such items to its new address,
(6) In addition to Article 19.1(5), if the Customer breaches costs incurred in replacing the Products, and any additional
any of the Terms and Conditions and fails to remedy this fees incurred by MISUMI.
within fourteen (14) days, in despite of MISUMI’s gives
notification to the Customer demanding remedy thereof.
(7) If the Customer sustains a disposition from the relevant Article 21 Cancellation of Registration by
supervisory agency, such as a cancellation or suspension the Customer
of its business operations.
(8) If the Customer is subject to a suspension of payments The Customer may cancel its registration by notifying MISUMI
or becomes insolvent, or a check issued by the Customer in a manner prescribed by MISUMI. Upon receipt of such
is subject to dishonor. notification, MISUMI will revoke the registration of such
(9) If the Customer’s credibility substantially deteriorates or Customer, and the Customer will lose its status as a customer
there is a material change to its business that will affect at the time such revocation is registered.
its credibility.
(10) If the Customer is subject to a petition for attachment,
provisional attachment, provisional disposition or any Article 22 Governing Law: Jurisdiction
other compulsory execution or auction filed by a third
party, or is subject to a disposition to collect tax or other The Terms and Conditions and any sale or purchase of the
public charges delinquencies. Products, and/or the relationship of the Customer and MISUMI
(11) If a petition for bankruptcy, reorganization, or other shall be exclusively governed by and construed in accordance
insolvency proceeding is filed against or by the with the laws of Thailand, without regard to its conflicts of law
Customer. principles. Any claim or dispute arising from and in connection
(12) If the Customer passes a resolution to dissolve or with the Terms and Conditions, the sale or purchase of the
merges with another company. Products or the relationship of MISUMI shall be brought to the
(13) If it becomes difficult for the Customer to perform its court having jurisdiction over the location of MISUMI’s principal
obligations under the Terms and Conditions or any place of business, and the Customer and MISUMI hereby
sales agreements due to a natural disaster, labour submit to and waive any objections to the exclusive jurisdiction
dispute, or other reasons. hereof.
(14) If the Customer defrauds MISUMI or commits any other
acts in bad faith that makes it difficult to continue the Article 23 Revisions to Price and
Customer’s membership.
(15) If the Customer’s financial condition deteriorates or Specifications
there are grounds to objectively believe this may occur. MISUMI may, at its discretion and with or without notification,
(16) If MISUMI cannot contact the Customer using suspend sales of the Products and/or revise the Product
reasonable methods of communication. information published in the Catalog (“Revisions”), including,
(17) If the Customer cancels its registration at its own but not limited to, pricing, the Days to Ship, delivery period,
discretion under Article 21. and/or design specifications of the Products. Should
(18) If the Customer has not placed an order for one (1) year MISUMI decide to make notification to the Customer of such
or more.
(19) If the Customer carries out any of the prohibited acts Revisions, it may choose the timing, media, and other methods
under Article 29. concerning notification at its discretion. Should the Customer
(20) If there are grounds that otherwise make MISUMI order the Products after such Revisions, the Customer will be
believe the Customer is inappropriate as a customer for deemed to have approved such Revisions.
the Service.
2. If any of the above cases apply to the Customer, all
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