The welding electrode is SMK/Legal notice/Warranty

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We at SMK plan, develp, manufacture, and sell electrodes for spot/nut/bolt/arc welding and welding accessories. The welding electrode is SMK updated 2018-04-12
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HOME > information > Legal notice/Warranty

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Intellectual property rights (patent right, utility model right, design right, copyright, trademark right, and other intellectual property rights) are legally protected by the Intellectual Property Basic Act. Intellectual Property Law and concerned laws prohibit, in any form or for any purpose whatsoever, any activity which may infringe on or damage our intellectual property rights such as photocopying, duplicating, reprinting, tape-recording, or datafiling of whole or part of this catalog, and production, use, or sale of counterfeit of the Products.

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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
If failure or damage due to SMK’s liability arises in the Products 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.
- The use of Products in applications that are not within their specifications. - Products that have been subject to misuse under a condition or in an environment that is not stated in the Catalog or all the Customer's orders , or in the event of neglect by the Customer.
- 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.
- Circumstances that were unrecognizable under technology available at the time of shipment.
- Failures and damages due to alteration or unauthorized repair by the Customer.
- Superficial minor damages that don’t affect product performance, such as oxidative discoloration, slight scratches and blots, and rust stain and dents.

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. Do not use our products as arms and weapons, in production facilities of arms and weapons, for military purposes, or in military plants.

SMK is not responsible for the following damages involving its Products.

- Indirect damages caused by using SMK Products or by inability to use SMK Products. 
- Losses and damages due to Customer's intent or negligence, or force majeure.
- Failures, losses, and damages that violate patent property, industrial property, and rights and interests owned by third parties.
- Failure, damages, and losses that violate export regulations.

The above warranty is based on transactions and use in Japan. When used in other countries, the warranty coverage excludes the following case.
- 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 Products in applications that are not within their specifications, and excluded from the warranty coverage.

RISK BEARING AND TITLE
Risk of loss or damage of Products shall be transferred to Customer upon delivery, and the title of the Products 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 Products 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 Products or to step into Customer's property. Even if Product is retrieved or claimed by SMK, Customer is obliged to pay the price to receive Products, and SMK has the right to charge Customer for the entire cost of the Products.

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 SMK Product in contradiction to our terms of use, Product Catalog, manufacturer's warranty, or instructions and directions for use or prohibited matteres 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.

Contact
SMK Co., Ltd.

E-mail : info@e-smk.co.jp

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