WARRANTY PROVISION
Products listed in this Product Catalog (Catalog) and all the Customer's orders are covered by the warranty below.
The Customer who has purchased or uses the Products listed in this Catalog or any of the orders shall acknowledge the warranty.
Please note that none of the SMK products, with some exceptions, comes with a warranty card, but they are covered by warranty.
WARRANTY INFORMATION
1.If failure or damage due to SMK’s liability arises in the Product which Customer purchased and a valid written claim is received by SMK within six (6) months from the date of purchase, SMK shall replace the Product or a part of the Product, or repair the Product. This warranty excludes the following cases.
(1) The use of the Product in applications that are not within their specifications.
(2) The Product that has been subject to misuse under a condition or in an environment that is not stated in the Instruction Manual, or in the event of neglect by the Customer.
(3) Failures and damages due to natural disasters, fire, environmental pollution, abnormal voltage, use of inappropriate electric power supply and/or signal, and factors other than SMK Products.
(4) Circumstances that were unrecognizable under technology available at the time of shipment.
(5) Failures and damages due to alteration or unauthorized repair by the Customer.
(6) Superficial minor damages that don’t affect product performance, such as oxidative discoloration, slight scratches and blots, and rust stain and dents.
(7) Failures and damages due to factors other than SMK Products.
(8) Failures and damages due to Customer’s use that do not meet standards, regulations, applications that are not within their specifications, and excluded from the warranty coverage.
2.Products listed in this Catalog or all the Customer's orders are designed for use in production facilities with welding machines, automatic welding lines, and welding-related equipment. We assume no responsibility whatsoever for any damages resulting from other uses.
3.Do not use the Product as arms and weapons, in production facilities of arms and weapons, for military purposes, or in military plants.
4.SMK is not responsible for the following damages involving the Product.
(1) Indirect damages caused by using SMK Products or by inability to use SMK Products.
(2) Losses and damages due to Customer's intent or negligence, or force majeure.
(3) Failures, losses, and damages that violate patent property, industrial property, and rights and interests owned by third parties.
(4) Failure, damages, and losses that violate export regulations
5. The above warranty is based on transactions and use in Japan. When use in other countries, the warranty coverage excludes the following case.
(1) Failures and damages due to Customer’s use which do not meet standards, regulations, and laws in relevant country. This case is deemed as the use of the Product in applications that are not within their specifications, and excluded from the warranty coverage.
6. The Customer is required to confirm the name, model, and quantity of the Product, and inspect the Product for conformity with the specifications listed in the SMK product catalog (Catalog) and defects within one (1) week from the date of receipt of the Product. If failure or damage arises in the Product, the Customer is required to report SMK with a valid written claim within one (1) week from the date of receipt of the Product, otherwise SMK deems the Product you received does not have any defects to be replaced or repaired and has passed your inspection.
7. Any replacement or repair of the Product after the expiration of the warranty period or excluded from the warranty coverage will be charged.
8. Repair or replacement may not be possible depending on the nature, date of manufacture and specifications of the Product.
RISK BEARING AND TITLE
Risk of loss or damage of the Product shall be transferred to Customer upon delivery, and the title of the Product shall not be transferred until Customer completes payment to SMK and SMK receives it. In case Customer fails to complete payment by the due date, SMK has the right to immediately retrieve all the Product which were sold to Customer and whose title is yet to be transferred to Customer, and SMK, its employee, and attorney have the absolute right, for this purpose, to retrieve the Product or to step into Customer's property. Even if the Product is retrieved or claimed by SMK, Customer is obliged to pay the price to receive the Product, and SMK has the right to charge Customer for the entire cost of the Product.
DISCLAIMERS
1. In case of damages of SMK Products for reasons attributable to SMK, unless otherwise the obligation is specified in our terms of use, or the obligation SMK assumes when it is the manufacturer of SMK Products specified by Product Liability Act, SMK shall assume no responsibility for any losses whatsoever caused in relation to SMK Product's damage, regardless of indirect or direct damage, or general or special damage, or loss and costs (Losses). Losses caused in relation to SMK Product's damage include damage of the products manufactured with the use of SMK Products, losses due to the retrieving of SMK Products or the products manufactured with the use of SMK Products, losses due to stopping of production lines in Customer's plant or production facility.
2. Compensation for Customer's loss due to SMK Product's damages attributable to SMK shall be limited to the price of the SMK Products which caused such loss.
3. In case SMK is not the manufacturer specified by Product Liability Act, the Customer shall have a claim to the loss directly against the manufacturer under Product Liability Act.
4. Customer shall not have any rights to claim damages or seek compensation against SMK to the losses due to or related to the following reasons.
(1) Customer's use of the Product in contradiction to our terms of use, Product Catalog, manufacturer's warranty, or instructions and directions for use or prohibited matters stated in our Warranty.
(2) SMK Product's damages due to Customer's intent or negligence.
(3) SMK Product's damages due to force majeure.
(4) Violation of third party's intellectual property rights such as patent right, utility model right, design right, and trademark right, caused in relation to SMK Products.
(5) Export of SMK Products, or delay or prohibition of the export by statute or regulation.