All warranties on products (the “Products"), that are listed in the catalogs issued by SURUGA or available on SURUGA’s website (collectively the “Catalog") and purchased by the Customer from SURUGA, are based on the Terms and Conditions 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 SURUGA regarding the Products. Some of the Products come with a manufacturer guarantee certificate or warranty. In this case, the manufacturer guarantee certificate or warranty will supersede this Warranty and this Warranty will not be applicable.
With respect to the Products purchased by the Customer, if it is deemed there is any damage, deformation or defects to the Products (the "Defects") that are attributable to SURUGA, in the light of Defects SURUGA will, at the discretion of SURUGA, take replacement of all or part of the Products, repair of the Products free of charge, or refundment of all or part of the actual amount paid by the Customer to SURUGA for the Products, on the condition that (i) written notification stating sufficient details of the Defects,satisfactory to SURUGA, reaches SURUGA within the warranty period (defined in the following clause), and (ii) SURUGA acknowledges the Defects are attributable to SURUGA.
Provided, however, that the following cases and the cases that stipulated in the Catalog that SURUGA will not replace, repair the Products nor refund the actual amount paid by the Customer are outside of the scope of the warranty.
The warranty period applicable to the Products under this Warranty is one (1) year from the day SURUGA ships the Products, provided, however, that the warranty period of a system product which include the word "System" as a part of its product name and which needs installation operation by SURUGA to deliverly, such as Alignment System, is one (1) year from the day when the Customer has accepted the system product after inspection.
Minor flaws such as scratches, marks, dents or discoloration that do not make the Products unusable do not constitute Defects. Provided, however, that if SURUGA acknowledges any flaws such as scratches, marks, dents or discoloration to be particularly significant, such flaws will constitute a Defect.
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 SURUGA SEIKI Marketing Center, from which the Customer purchased the Products, within one(1) week. Please note that SURUGA may deem that the Products have no Defects under warranty if SURUGA does not receive notice within one(1) week of receipt of the Products.
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.
Other than as expressly provided in the Terms and the Conditions and this Warranty, or otherwise stipulated by applicable product liability laws, SURUGA 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.
The maximum liability of SURUGA for damages arising out of or in connection with Defects of the Product shall be limited to the actual amount paid by SURUGA to the Customer for the Products in Defects. In no event shall SURUGA be liable for any special, consequential or tort damages of any kind, including, but not limited to, damages resulting from any loss of profits.
In case SURUGA 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.
In particular, SURUGA will not be liable for any damages arising out of or in connection with any of the following cases:
This Warranty only applies to the purchase and use of the Products within the country or area where the Products are delivered as set forth in the Order Confiemation, and is not applicable outside of such country or area.
Under this Warranty, SURUGA may request the Customer return the products that need to be repaired or replaced to SURUGA. Please be aware that SURUGA cannot send employees to the Customer to repair or replace the Products.
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.
SURUGA may revise, modify or amend this Warranty (“Amendments”) and will set forth such Amendments in the Catalog or on the SURUGA's website. If the Customer orders the Products after such Amendments, the Customer will be deemed to have approved such Amendments.
In the event that any of the provisions of this Warranty Standard proves to be invalid or illegal, that will not in any way affect, impair or invalidate any other provisions, of this Warranty will be in full force and effect.