It is agreed and understood that, unless specifically agreed upon otherwise, and regardless of the places where the Customer purchase the Products, these terms and conditions of this Warranty (this “Warranty”) will apply to the Products. The Customer is kindly advised to read carefully this Warranty for the Products before using the Products.
2. Warranty Coverage
(1) Products to be covered by this Warranty
This Warranty will apply to the Products listed in the catalogs and website of KYOWA ELECTRONIC INSTRUMENTS CO., LTD. (the Company). In case that there is a software license agreement, the Company give priority to the software license agreement.
This Warranty for the Products purchased within Japan will be valid only within Japan. In case that the Customer brings in the Products outside Japan, including in a manner in which the Products are embedded in devices, this Warranty by the Company for such Products is available only within Japan. In such case, the Customer will, at its own responsibility, comply with the laws and regulations of the country where the Customer brings in the Products. Please contact the sales personnel of the Company, if the Customer has any questions regarding the warranty for the Products which were purchased outside Japan.
This Warranty regarding the specifications of the Products such as their performance, property and function will only apply to the Products themselves. In regard to the performance of the Products connected to the Customer’s own facility including other company’s products purchased and owned by the Customer, the Customer is kindly requested to check and confirm such performance by itself in order to determine whether the Products can be used properly when connected with the Customer’s own facility.
3. Warranty Period
(1) Unless otherwise agreed between the Company and the Customer, the period of this Warranty for the Products
will be one year after the purchase thereof. In case the date of purchase is not identified, the period of this
Warranty for the Products will be one year after the shipment thereof by the Company. Opened or used strain gages are excluded from warranty coverage.
In addition, warranty period for strain gages with lead wires is six months. The period of this Warranty for the Products that have been repaired or replaced, free of charge, will be one year after the purchase thereof or six months after completion of such repair or replacement, whichever comes later; provided, however, that in any event such period of this Warranty will not exceed, in principle, one year and six months after the purchase of the Products.
(2) The period of this Warranty for the components of the Products that have been repaired with charge will be six months after completion of such repair in regard to the part and components of the Products repaired.
4. Descriptions of Warranty
(1) If the Products do not satisfy the performance, property or function described in the catalogs of the
Company due to reasons attributable to the Company, the Company will, in principle, repair such defective
Products free of charge. If the replacement of the Products is required, the Company will replace such defective
Products with the same model of the Products; provided, however, that the Company may replace such defective
Products with a successor model of the Products if the production of the then current model of the Products have
ceased or otherwise.
(2) Except for any willful misconduct or gross negligence by the Company, the liability of the Company for any damages including, without limitation, default liability, warranty liability, quality assurance liability, tort liability and product liability will be limited to the amount equal to the price of the purchased Products.
(3) The liability of the Company for any damages arising from experiments, tests or inspections by the Customer using the Products will be limited to the Products themselves, even if such damages are attributable to the Company such as the malfunction of the Products. Upon conducting important experiments, tests or inspections, the Customer is required to inspect the Products before and after using them and confirm that the Products have no problems.
(4) The Company will not conduct any survey regarding malfunctions of the Products which are not attributable to the Company. If the Customer requires such survey, the Company and the Customer will discuss and determine the possibility and necessity of such survey. The Company may demand that the Customer should pay any expenses incurred for such survey.
(5) If the Customer requires any warranty in addition to this Warranty, the Company and the Customer are required to enter into a separate agreement for such additional warranty.
(6) Repairs or works specified in the following cases or those similar to such repairs or works will not be covered by this Warranty even within the period of this Warranty:
- the manufacturing information of the Products is not identifiable due to stains or damage of the serial number or other data of the Products;
- the Products malfunction or are damaged as a result of use in a manner other than in their intended manner;
- the Products malfunction or are damaged as a result of impact or drop during transportation or transfer after the delivery of the Products by the Company;
- the Products malfunction or are damaged as a result of handling, transportation, storage or use in a manner not described in catalogs, website or manuals of the Company;
- the Products malfunction or are damaged as a result of use in breach of the limitation of use specified in Section 5 hereof;
- the Products malfunction or are damaged as a result of disassembly, modification or repair by a party other than the Company;
- the Products malfunction or are damaged by a software program developed by a party other than the Company;
- the Products malfunction or are damaged as a result of use under circumstances that the Company may not know;
- the Products malfunction or are damaged due to causes that are unforeseeable in terms of scientific knowledge or technology available at the time of the sale of the Products; or
- the Products malfunction or are damaged due to any other causes that are not attributable to the Company or the products of the Company including force majeure such as natural disasters.
(7) The Company may demand that the Customer should pay the expenses incurred for repairs or works conducted by
the Company in regard to the Products returned from the Customer, if the Company finds that such Products are
free from defects or that the malfunctions of the Products are attributable to the Customer.
5. Limitation of Use
The Products may be used as a part of control equipment only on the condition that such use results in no material accidents in the event of any malfunction or failure of the Products, and the data is backed up outside the Products or a fail-safe function is installed in the event of any malfunction or failure of the Products. This Warranty will not apply to the Products if such Products are used in a manner described in any of the following items, except for the Products that may be used in such manner described in any of the following items as explicitly described and permitted in the catalogs of the Company. The Company will not be responsible and liable for any damage whatsoever regarding the quality, performance and safety of the Products including, without limitation, default liability, warranty liability, quality assurance liability, tort liability and product liability if the Products are used in breach of the provisions of this Section: The above-mentioned “specified uses” of the Products are as follows:
provided, however, that the Company may, at its own discretion, permit the Customer to use the Products for the uses specified above if the Customer clearly proposes the prospective uses of the Products and does not request that the Products shall be of special quality (i.e., beyond the general specifications). The Customer is kindly advised to contact the sales personnel of the Company for more details.
Conventional “test certificate” and “warranty card” are no longer attached to current Products, because the Company abolished “test certificate” and “warranty card”. Please contact the sales personnel of the Company if the Customer needs an “test certificate”. The Customer may have “inspection sheet” with charge.
7. Modification for this Product Warranty
This Product Warranty might be modified without advance notice and consent with the customers. In this case, applied warranty will be the one after modification. Modified contents can be referred in our website.