Melink Automation
Melink Automation
Links You and ME [Mitsubishi Electric]
0
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Terms & Conditions

1. Applicability:
These terms and conditions (these “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 course of the order and fulfillment process. Our fulfillment of your order does not constitute acceptance of any of your terms and conditions and does not serve to modify or amend these Terms. If you have any questions, please call us at sales@melinkstore.com or call +81-78-585-7493.

2. Back Order:
We strive to include up-to-date stock information on our website, however, if Goods are ordered and are not in stock, the Goods will be placed on backorder and shipped according to the shipping method chosen at the time of order, 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 we otherwise agree in writing, we will ship the Goods to the address you provided using our standard methods for packaging and shipping such Goods. We reserve the right to make partial shipments of Goods to you, 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 shall 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 hereby grant to Automation24, Inc. a lien on and security interest in and to all of your right, title and interest in and to the Goods, wherever located, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing. 

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 furnish such written evidence or other documentation as required by Seller. “Nonconforming Goods” means only the following: (i) the product shipped is different than that identified in your order; or (ii) the product’s label or packaging incorrectly identifies its contents. If you notify us of any Nonconforming Goods within the Inspection Period, we agree, in our sole discretion, (i) to replace such Nonconforming Goods with conforming Goods, or (ii) to credit or refund the amount you paid for the Nonconforming Goods, together with any reasonable shipping and handling expenses you incurred in returning the Nonconforming Goods. 

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 shall be made at the time of purchase unless you have been approved for credit by Seller. Seller has the continuing right to approve/deny Buyer's credit.

9. Sales Tax:
All prices are exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any governmental authority on any 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 the original packaging, in like-new condition, and in re-sellable condition. Products returned beyond the 5-days return period may be subject to restocking fees. Return freight to Melink Automation is the customers responsibility. All refunds are subject to a Melink Automation inspection for the product’s like-new condition. Cut-to-length cables and wires are non-returnable, non-refundable.

11. Limited Warranty:
We warrant to you that for a period of 1 year from the date of shipment of the Goods (“Warranty Period”), that such Goods will be free from material defects in material and workmanship. If you make a claim during the Warranty Period, we agree, in our sole discretion, either: (i) to repair or replace such Goods (or the defective part) or (ii) to credit or refund the price of such Goods. If we choose to replace the Goods or to provide a refund or credit, you agree, at our request and our expense, to return such Goods to us.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 13(1), MELINK AUTOMATION MAKES NO WARRANTY WHATSOEVER 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 BY YOU.

THE REMEDIES SET FORTH IN SECTION 12(a) SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND MELINK AUTOMATION’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 13(1).

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 OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE 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 or responsible for any failure or delay in delivering Goods to you if such failure or delay is caused by or results from acts or circumstances beyond our reasonable control including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

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