Terms of Repair and Calibration of Industrial Products
Article 1 Application of Terms
1. These Terms are to set forth basic conditions applicable to various repair and calibration services (hereinafter referred to as the "Services", and when meaning only repair services, hereinafter referred to as "Repair Services") which the Evident Corporation (hereinafter referred to as the "Company") provides to users.
2. The Company will provide users with the Services in accordance with these Terms, provided that users shall have consented to these Terms in advance of use of the Services.
Therefore a user shall, if it does not consent to any provision of these Terms, refrain from filing an application for the Services. Once a user files an application for the Services with the Company, the user shall be deemed to have consented to the provisions of these Terms.
3. The provisions of these Terms may be revised for the convenience of the Company without prior notice, and in the event of such revision, details thereof will be posted on the Company's website. When a user continues to use the Services thereafter, the user shall be deemed to have consented to the revised Terms.
4. In addition to these Terms, if there are individual terms of use of the Services (meaning the terms specific to individual services, which may not be contained in these Terms), users are also required to comply with such individual terms of use of the Services. In the event of any conflict between the provisions of these Terms and the provisions of individual terms of use of the Services, the provisions of the individual terms of use of the Services shall prevail.
Article 2 Subject Matter of Terms
1. The Company may, on its own judgement, decide the objects for Services among the Company’s or its affiliated companies’ life science or industrial products which are sold in Japan and which are posted on the Company's webpage or otherwise published, excluding consumable items (hereinafter referred to as "Evident Product(s)"). The Company will provide users with Service only for Evident Products.
2. The Company will provide the Services only in Japan only for users residing or staying in Japan.
3. If a user has taken out insurance or purchased a warranty or other services as independently provided by the distributor designated by the Company for Evident Products or any other third party (hereinafter referred to as a "Distributor or the like," and such services to be hereinafter referred to as "Independent Services by Distributor"), the user shall confirm with the Distributor or the like whether or not Independent Services by Distributor are applicable to Evident Products in advance of filing an application for the Services with the Company. The conditions of Independent Services by Distributor and details of repair or calibration or other services to be provided are subject to an arrangement between each user and a Distributor or the like, and therefore the Company shall not be liable therefor at all.
Article 3 Prohibited Acts of Users
Users are, when using the Services, prohibited from performing the acts stated below. If a user performs any prohibited act, the Company may refuse the provision of the Services and may terminate an agreement for Services immediately. If a user conducts serious or malicious acts, such user may be subject to civil liability for damages and/or criminal liability in conflict with the Civil Code, the Commercial Code, the Penal Code or other relevant laws and regulations, in addition to moral responsibility:
(1) Making a false declaration of information about the user, such as its name or address;
(2) Causing any disadvantage, loss or damage to other users, third parties or the Company, or committing any act that is likely to do so;
(3) Committing any act that leads or is likely to lead to a crime such as a fraud;
(4) Committing any act in violation of laws, regulations, these Terms, other terms provided by the Company, or otherwise contrary to public order or morality;
(5) Disassembling, repairing, remodeling or otherwise altering Evident Products by the user or any third party; or
(6) Committing any other act determined by the Company to be inappropriate.
Article 4 Conclusion of Agreement for the Services
1. A user shall, when desiring the Services to be provided, consent to these Terms and then file an application for the Services by the method informed in the instruction manual for Evident Products or the Company's website, or by the Company's customer consultation center, a distributor designated by the Company or other methods. An Evident Product on which a user has actually filed an application for the provision of the Services is hereinafter referred to as the "Product Requested for Repair or Calibration."
2. The Company will, at its discretion, determine whether or not the Services are provided, based on the details of an application.
3. The Company will, when determining whether it should accept an application for provision of the Services, present to the user the estimated amount and conditions of repair (Note that the estimated amount varies depending on the model of the Product Requested for Repair, Calibration and the details of the request). The Company may, after comprehensively considering the details of an application filed by a user, application timing, method of repair, condition of Product Requested for Repair or Calibration or other circumstances, refuse to provide the Services based on its own judgment.
4. When the Company receives the consent of a user to the estimated amount and conditions of Services for Product Requested for Repair or Calibration, an agreement for the Services between the user and the Company is concluded, and the Company will commence the provision of the Services.
5. Even after a user has consented to the estimated amount and conditions of Services for Products Requested for Repair or Calibration under the preceding paragraph, if it is found that the estimated amount to which the user has consented is not sufficient to cover costs for Services in terms of the conditions of the Product Requested for Repair or Calibration, the Company will again inform the user of the estimated amount. If a user does not consent to the re-estimated amount, the Company will return to the user the Product Requested for Repair or Calibration without providing the Services thereon. In such case, the agreement for Services will terminate automatically.
6. If a user cancels the Service for its convenience after it has consented to the estimated amount, the user shall bear the predetermined cancellation fee.
Article 5 Fees
A user shall pay the Company, or the distributor designated by the Company a compensation for the Services, a cancellation fee and other costs and expenses incurred in connection with the Services to be borne by the user (hereinafter collectively referred to as "Services Fees"). Once a user makes payment to the Company or the distributor designated by the Company, the user shall be deemed to have performed its obligation to pay Services Fees. The concrete payment terms shall be in accordance with the method predetermined by the Company or the distributor designated by the Company.
Article 6 Purpose of Repair and Calibration
1. The Company will provide the Services to a user for the purpose of repairing the functions and performance of the Product Requested for Repair or Calibration. If a user files an application for the Services for any purpose other than the purpose of repairing the functions and performance of the Product Requested for Repair or Calibration, the Company may refuse to provide the Services.
2. As a result of inspection on the Product Requested for Repair or Calibration, it may become obvious that the functions or performance of such Product Requested for Repair or Calibration will not be recovered or got back to normal even if the Company provides the Service.
3. The Company shall retain the ownership of parts and accessories of the Product Requested for Repair or Calibration, which are replaced or removed in the course of the Repair Services, be entitled to dispose thereof based on its own judgment, and will not return them to the user.
4. The Company may, when providing the Repair Services, use recycled parts or substitute parts. Depending on the situation, the Company may, on its judgment, replace the Product Requested for Repair or Calibration with an equivalent or similar product selected by the Company without repair. In this case, that fact will be clearly stated in an estimate. In cases of replacement with the equivalent or similar product, the Product Requested for Repair or Calibration of a user will be owned by the Company and not be returned to the user. The serial number of the equivalent or similar product replaced is different from that of the Product Requested for Repair or Calibration. If a user does not consent to replacement with the equivalent or similar product, the Company will judge that user has cancelled the application for the Repair Services.
5. The Company may, when providing the Repair Services, on its judgment, update the version of application software to the latest version. In this case, that fact will be clearly stated in an estimate.
6. With respect to a defect, error or bug in application software, the Company will only re-install the software or update the version thereof to the latest version.
Article 7 Procedures for Repair and Calibration
Before a user delivers the Product Requested for Repair or Calibration to the Company for Service, such user shall remove recording media, additional memories, extension boards and any items other than Evident Products which have been mounted on such Product Requested for Repair or Calibration (hereinafter referred to as "Additional Item(s)") from that Product. If a user delivers to the Company the Product Requested for Repair or Calibration in the state that an Additional Item is mounted thereon, the Company will not be liable for any possible stain on, damage to or loss of the Additional Item in the course of the performance of the Services, or any other loss or damage that may be caused in connection with the Additional Item.
Article 8 Free Repair within Warranty Period
In case that any breakdown, malfunction or defect has occurred in an Evident Product within one (1) year from the day on which such Evident Product has been delivered to a user, the Company shall perform the Repair Service on it without any charge. Even within such period, malfunctions or defects of an Evident Product caused by or in connection with misuse by a user such as falling, immersion in water or molding, defective storage of a product, or other reasons attributable to a user will not be covered by free repair, and the Services for such Evident Product will be provided for a fee.
Article 9 Subcontract of the Services
The Company may, on its judgment and responsibility, subcontract to any third party all or any part of the Services (including services associated therewith or related thereto).
Article 10 Provision of Substitute Device
The provision of a substitute device or a lending machine during the period when the Product Requested for Repair or Calibration or its replacement is in the Company's possession for Services is not included in the Services and the Company shall not be obligated to provide the user with such device.
Article 11 Period of Holding of Repair Parts
The Company specifies the period of the Repair Services for each Evident Product; however, this period is only a target, and the Company does not warrant that the provision of Repair Services will continue by the end of day of such period. While the Company will make reasonable effort to secure repair parts which are necessary to maintain the functions of Evident Products so that the Company can provide the Repair Services to users during the period, depending on repair parts, entire stock of such repair parts may be consumed before the expiration of such period. Users shall accept that, in such cases, the provision of the Repair Services for Evident Products for which such repair parts are used will be terminated prior to the expiration of that period.
Article 12 Warranty for Repair (Re-repair)
1. If the same breakdown, malfunction or defect occurs again on the same part of the Product Requested for Repair or Calibration on which the Repair Services have been completed, the Company will perform the Repair Services for such Product Requested for Repair or Calibration again (hereinafter referred to as "Re-repair") free of charge; provided, however, that if an application for Re-repair is filed after the elapse of six (6) months from the performance of the Repair Services for such Product Requested for Repair or Calibration, or if it falls under cases not be covered by free repair as set forth in Article 8, such as a breakdown caused by misuse of an Evident Product by a user, the Company will provide Re-Repair for such Product Requested for Repair or Calibration for a fee.
2. The Company will, after it has confirmed the Product Requested for Repair or Calibration, determine whether or not it falls under cases of free Re-repair. As a result of the determination, if the Company provides the Re-Repair for such Product for a fee, the Company will inform the user of that fact and the estimated amount of Re-repair.
Article 13 Return of Product Requested for Repair and Calibration
The Company will return to a user the Product Requested for Repair or Calibration if it falls under any one of the cases listed in the following items:
(1) where the user does not consent to an estimate for the Services;
(2) where the user does not express its intention to consent to an estimate for the Services even after one (1) month has elapsed therefrom;
(3) where the Company decides not to perform the Services ; or
(4) where the performance of the Services has been completed.
Article 14 Notification and Changes in Contact for Return
1. If the address, telephone number, e-mail address or any other contact information of a user is changed before the completion of performance of the Services, the user shall promptly notify the Company, or the distributor designated by the Company.
2. Even if any mail or other delivery sent by the Company or the distributor designated by the Company fails to reach a user by reason such as destination unknown, the Company or the distributor designated by the Company will treat the mail or delivery as that having reached the user once it has been sent to the address notified by the user.
3. Even if an e-mail sent by the Company or the distributor designated by the Company fails to reach a user by reason such as destination unknown or a problem on the Internet, the Company or the distributor designated by the Company will treat the e-mail as that having reached the user once it has been sent to the e-mail address notified by the user.
Article 15 Handling of Data
1. The Company may, when the Product Requested for Repair or Calibration is a product on which a recording device or medium such as a hard disk or a memory (hereinafter referred to as a "Recording Medium or the like") is mounted or used, browse, execute or temporarily reproduce any data (including, but not limited to images, moving pictures, pictures and texts that are recorded in any way, files prepared, various settings made and software additionally installed by a user; hereinafter referred to as "Recorded Data") recorded on the Recording Medium or the like where appropriate in the course of performance on the Services, but not use the Recorded Data for any purpose other than the purpose of performance on the Services.
2. While the Company may reproduce and save the serial number of the Product Requested for Repair or Calibration, various settings and logs (hereinafter collectively referred to as "Device Logs") and may use this data as data for the Service.
3. Excluding the cases set forth in the preceding two paragraphs, in the course of the provision of the Services, the Company will not reproduce, make backups, or carry out record, save, restoration or other work on Recorded Data or Device Logs in any way.
4. The Company will, when determining it necessary for the performance of the Repair Services, carry out initialization, replacement, reset to factory setting or other work on the Recording Medium or the like of the Product Requested for Repair or Calibration. Although Recorded Data is lost in such cases, the Company will not be obligated to carry out restoration or recovery work on such Recorded Data, or to reset the Product Requested for Repair or Calibration to the state before the performance of the Repair Services. The Company shall, if it voluntarily disposes of the Product Requested for Repair or Calibration owned by it, be entitled to carry out work predetermined by the Company for the purpose of deleting and making invisible Recorded Data without assuming obligations of reproducing, making backups or other records of or saving any Recorded Data.
5. Although the Company will pay close attention to treat the Product Requested for Repair or Calibration when performing the Services, Recorded Data may be damaged or lost in the course of the performance of the Services even in any case other than the cases of the preceding paragraph. In no event will the Company be liable for such damage to or loss of Recorded Data in any way.
6. With the circumstances under paragraphs 3,4 and 5 of this Article in mind, in case that the damage or loss of any Recorded Data may cause serious trouble or issues for users, they shall reproduce, make backups or other records of or save such Recorded Data on their responsibility before the provision of the Product Requested for Repair or Calibration to the Company.
Article 16 Handling of Personal Information
1. The Company shall handle personal information on users, such as names and addresses, with which users provide the Company in the course of the Services and the service history recorded by the Company when each user uses support or other services (hereinafter collectively referred to as "Personal Information of Users") in an appropriate manner under the following Supplementary information on the handling of Personal Information covered by the Japanese Personal Information Protection
Act..
URL: https://www.evidentscientific.com/en/privacy/ja/
2. Intended Purposes of Personal information on Users
Personal Information of Users will be used only for the following purposes, and except as permitted by laws and regulations, not be used for any other purpose without the prior consent of users, nor will be provided to any third party other than the Company's affiliated companies and subcontractors of the Services:
(1) performing the Services on the Product Requested for Repair or Calibration, and settling payment for Services Fees;
(2) providing support for users in relation to the Services;
(3) developing Evident Products and improving Services and user support related to Evident Products;
(4) requesting users to provide comment and feedback about the Evident Products and Services;
(5) performing analysis as determined by the Company to be necessary for the purpose of identifying potential threats on information security to protect users and the Company from such threats;
(6) providing information on the Evident Products and Services;
(7) presenting and operating seminars, exhibitions, events, campaigns and fairs hosted, supported or co-sponsored by the Company; and
(8) responding to inquiries from users.
Article 17 Prohibition on Transfer of Rights
No user shall be entitled to transfer to any third party any right or obligation related to the Services or under any agreement for the Services, in whole or in part, without the prior written consent of the Company.
Article 18 Damages
1. With respect to the provision of the Services, the Company shall be liable only for the matters and provisions set forth in these Terms unless the Company commits any intentional act or gross negligence, and not be liable in any way for any loss or damage caused to any user under special circumstances even if the Company has been warned of the possibility of such loss or damages, lost profits incurred by any user, damages incurred by any user pursuant to a claim therefor made by a third party, or any other loss or damage suffered by any user on the ground that the user could not use the Product Requested for Repair or Calibration or its replacement due to a breakdown or defect therein. Even if the Product Requested for Repair or Calibration gets stained or is damaged during the period such Product Requested for Repair or Calibration is in the Company's possession for Services, the Company will deal therewith by carrying out repair work on that Product, in principle and will not implement other measures unless it is deemed necessary by the Company.
2. With respect to the provision of the Services, even if the Company is liable to a user for damages, the maximum amount of damages for which the Company is liable shall be an amount equivalent to Services Fees concerning the Services directly causing any damage, unless such damages are caused by any intentional act or gross negligence of the Company.
Article 19 Elimination of Relationships with Antisocial Forces
1. If it is found that a user is one of Antisocial Forces, the Company shall, without prior notice or warning, be entitled to immediately suspend the provision of the Services and terminate any agreements including the agreement for the Services, which have been entered into between the Company and the user, in whole or in part. In the Article 19, Antisocial Forces shall mean groups or individuals that falls under any of the following:
(1) Organized crime groups defined in Article 2, item (ii) of the Act on Prevention of Unjust Acts by Organized Crime Group Members (hereinafter referred to as the "Act"), companies affiliated with organized crime groups, corporate racketeers, groups or individuals engaging in criminal activities under the pretext of conducting social campaigns or political activities or groups specialized in intellectual crimes;
(2) Organized crime group members defined in Article 2, item (vi) of the Act, persons for which five (5) years have not elapsed from the day on which they are no longer organized crime group members, associate members of organized crime groups or persons closely related to organized crime groups; or
(3) Other groups or individuals that make demands in a violent manner or unreasonable demands beyond the limits of legal liability.
2. If a user commits any one of the acts listed in the following items by itself or using a third party, the Company shall, without prior notice or warning, be entitled to immediately suspend the provision of the Services and terminate any agreements including the agreement for the Services, which have been entered into between the Company and the user, in whole or in part:
(1) making a demand in a violent manner;
(2) making an unreasonable demand beyond the limits of legal liability;
(3) behaving in a threatening manner or using violence in connection with the performance of the Services;
(4) damaging the credibility or interfering with the business of the Evident group or its business partners by spreading false information or using fraudulent means or force commits; or
(5) committing any other act equivalent to the preceding items.
Article 20 Termination
1. The Company shall, if a user falls under any one of the cases listed in items below, be entitled to immediately terminate the agreement for the Services with the user without prior notice or warning:
(1) Where an application or petition for provisional seizure, seizure or an auction, or to initiate the bankruptcy, civil rehabilitation or corporate reorganization proceedings is filed against the user, or the user goes into liquidation;
(2) Where the user has received a disposition for failure to pay taxes or public charges;
(3) Where the user fails to pay Services Fees by the due date;
(4) Where the user has dishonored its promissory note, bill of exchange or check or has been declared for suspension of transaction with bank;
(5) Where a significant change occurs in the user's property, credibility or business and thereby it is found that the user may have difficulty in performing its obligations under the agreement for Services;
(6) Where the user commits an act that falls under the prohibited acts set forth in Article 3 of these Terms;
(7) Where the user by itself or using a third party commits a violent act, behaves in a threatening manner as being similar to antisocial forces, commits a threatening act, damages credibility or uses fraudulent means, against the Company or a third party; or
(8) Otherwise where the user has breached any obligation under these Terms and fails to rectify such breach even after the Company has given notice specifying a reasonable period of time therefor.
2. In the event that the Company terminates any agreements for the Services in accordance with the provisions herein, the user shall pay all Services Fees under the terminated agreement by the payment method designated in an invoice by the Company in full no later than the payment date specified in such invoice, regardless of whether the Company performs the Services or not. The Company shall, in the event of termination under the provisions of this paragraph, not be liable to the user for damages for any loss or damage caused to the user by the agreement for the Services.
Article 21 Governing Law and Court with Jurisdiction
1. These Terms and agreements for the Services shall be governed by and performed and construed in accordance with the laws of Japan without reference to principles of conflict of laws.
2. Any disputes arising out of or in connection with these Terms, agreements for the Services or the Services shall be subject to the exclusive jurisdiction of the Tokyo District Court of Japan as court of the first instance.
Articles22 Language
The governing language of these Terms shall be Japanese. In the event of any conflict between Japanese language version and English language version, then the Japanese language version shall prevail and control.