1. Applicability:
These terms and conditions (the "Terms") apply to all orders for products ("Goods") placed on this website, over the phone, via live chat, or by email/fax. These Terms supersede any terms and conditions you, the customer, may provide during the order and fulfillment process. Our fulfillment of your order does not constitute acceptance of any of your terms and conditions and does not modify or amend these Terms. If you have any questions, please contact us at [email protected] or call +81-78-585-7493.
2. Back Order:
We strive to provide up-to-date stock information on our website. However, if Goods are ordered and are not in stock, they will be placed on backorder and shipped according to the chosen shipping method when they become available.
3. Delivery:
Goods will be delivered within a reasonable time after we receive your order. We are not liable for any delays, losses, or damage in transit. Unless otherwise agreed in writing, we will ship the Goods to the address you provided using our standard packaging and shipping methods. We reserve the right to make partial shipments without liability or penalty. Each shipment will constitute a separate sale, and you agree to pay for the units shipped whether such shipment is in whole or partial fulfillment of your order.
4. Shipping Terms:
Delivery shall be made Ex Works (EXW) Melink Automation’s location. Shipments will be made according to the shipment speed and method chosen by you at the time the order is placed.
5. Title and Risk of Loss:
Title and risk of loss pass to you upon delivery of the Goods to the shipping carrier. As collateral security for the payment of the purchase price of the Goods, you grant Melink Automation a lien and security interest in all your rights, title, and interest in and to the Goods, wherever located, and in all accessions, replacements, or modifications thereof, as well as all proceeds (including insurance proceeds).
6. Inspection and Rejection of Nonconforming Goods; Return:
You agree to inspect the Goods within 48 hours of receipt ("Inspection Period"). You will be deemed to have accepted the Goods unless you notify us in writing of any Nonconforming Goods during the Inspection Period and provide the required written evidence or documentation. "Nonconforming Goods" means: (i) the product shipped differs from what was ordered; or (ii) the product’s label or packaging incorrectly identifies its contents. If you notify us of Nonconforming Goods within the Inspection Period, we may, at our sole discretion, (i) replace the Nonconforming Goods with conforming Goods, or (ii) credit or refund the amount paid for the Nonconforming Goods, along with any reasonable shipping and handling expenses incurred in returning them.
7. Price:
Prices for all Goods purchased from us are established at the time of shipment and are subject to correction for errors.
8. Payment Terms:
Payment in full is required at the time of purchase unless you have been approved for credit by the Seller. The Seller has the continuing right to approve or deny Buyer’s credit.
9. Sales Tax:
All prices are exclusive of sales, use, excise taxes, and other similar taxes, duties, and charges imposed by any governmental authority on amounts payable by you. You are solely responsible for all such charges, costs, and taxes.
10. 5-Day Return Policy:
Melink Automation will accept product returns within 5 days of purchase. Products must be returned in their original packaging, in like-new and resellable condition. Returns beyond the 5-day period may be subject to restocking fees. Return freight is the customer’s responsibility. All refunds are subject to inspection for the product’s like-new condition. Cut-to-length cables and wires are non-returnable and non-refundable.
11. Limited Warranty:
We warrant that for a period of 1 year from the date of shipment (“Warranty Period”), the Goods will be free from material defects in material and workmanship. If a claim is made during the Warranty Period, we may, at our sole discretion: (i) repair or replace the Goods (or the defective part), or (ii) credit or refund the price of the Goods. If we choose to replace the Goods or provide a refund or credit, you agree, at our request and expense, to return the Goods to us.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 11, MELINK AUTOMATION MAKES NO WARRANTY WITH RESPECT TO THE GOODS, INCLUDING ANY: (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
ORAL STATEMENTS BY MELINK AUTOMATION’S REPRESENTATIVES SHALL NOT CONSTITUTE WARRANTIES AND SHALL NOT BE RELIED UPON.
THE REMEDIES SET FORTH IN SECTION 11 SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND MELINK AUTOMATION’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 11.
12. Limitation of Liability:
(A) IN NO EVENT SHALL MELINK AUTOMATION BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, PROFIT, LOSS OF DATA, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT MELINK AUTOMATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
(B) IN NO EVENT SHALL MELINK AUTOMATION’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SALE OR USE OF THE GOODS, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL AMOUNTS PAID TO MELINK AUTOMATION FOR THE GOODS SOLD HEREUNDER.
13. Amendment and Modification:
We reserve the right to amend or update these Terms from time to time, but those amendments or updates will apply only to Goods sold on or after the date of the amendment or update.
14. Force Majeure:
We cannot be liable for any failure or delay in delivering Goods to you if such failure or delay is caused by circumstances beyond our reasonable control, including, but not limited to, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, terrorist threats or acts, riot, civil unrest, national emergency, revolution, epidemic, lockouts, strikes or other labor disputes (whether related to either party’s workforce), or restraints or delays affecting carriers or delays in obtaining supplies or materials.
