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GENERAL TERMS AND CONDITIONS


SHIPMENT
a) The date stated in sales document shall be accepted as the conclusive date of shipment.
b) Partial shipments and/or transshipments shall be permitted unless otherwise stated on the face hereof.

PAYMENT
a) 100% Advance Payment made by PayPal after the acceptance of order by VENDOR (MATSUKAZE CO LTD) before shipment.

REPLACEMENT CONDITIONS
a) Products can be returned only if broken items or defects in material are found within 14 calendar days after arrival. During this period, the vendor will replace products that are proved to be defective only if official proof document from a third party is provided. The vendor's obligations under this are limited to replacement, and the return shipment to the purchaser of the replacement. In the case of missing items, the vendor shall ship the missing items immediately after receiving written notice from the purchaser describing the details of the missing items.
b) It does not apply to any part of a product that has been altered, repaired, or misused in any way that, in the opinion of the vendor, would influence the reliability or detracts from the performance of any part of the product, or is damaged as the result of misuse in a way or with inappropriate tool or equipment.
c) It does not apply to any products or parts thereof where the serial number or the serial number of any of its part has been altered, defaced, or removed.
d) It warranty does not cover replacement or repair necessitated by loss or damage from any cause beyond the control of the vendor, such as lightning or other natural and weather related events or wartime environment.
e) It excludes any responsibility by the vendor for incidental or consequential damages, injury or physically disability of user, arising from the use of the products, or for any inability to use them either separate from or in combination with any other tool, equipment or products.
f) Purchaser shall indemnify and hold harmless the vendor from any claims or liability of any other purchaser, or other user of the vendor's products based upon allegations that the purchaser, its agents, or employees have made additional warranties or representations as to product preference or use. The vendor shall not be liable for any direct, indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory.
g) The vendor shall not be responsible for delays or broken item caused during delivery.

INSPECTION
Purchaser is fully responsible for all inspection fee in the case that special inspection is necessary.

INTELLECTUAL PROPERTY RIGHT
Vendor shall not be responsible to the purchaser for any infringement regarding to patent, trade mark, design, copy, tight or utility model of the contracted merchandises except for infringement of any Japanese intellectual property right.

FORCE MAJEURE
Vendor shall not be responsible for failure to perform the obligation due to force majeure such as fire, strikes, lockout, war, act of god, epidemics or any other causes beyond the vendor's reasonable control.

TRADE TERMS
The terms and conditions stated in this contract shall be governed and interpreted by the provision of the latest agreement.

ARBITRATION
Any dispute, controversy and /or difference which may arise between the vendor and the purchaser out of or in relation to this contract which cannot be settled by mutual accord without delay shall be settled by arbitration in TOKYO, JAPAN in accordance with the rules of procedure or the Japanese Arbitration Association. The contracts shall be compliant with the laws and customs of Japan.
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