Terms of Sale
Article 1. Scope
This sales agreement (“Agreement”), is applied to all clients who purchase Framed Device and its related products (“Products”) from THA Ltd (“THA”) at the Framed Device sales site (http://frm.fm) (“Site”) .
Besides Products, THA introduces products or services which a third party other than THA provides. In those cases, service or products shall be provided based on the contract between the client and the third party, and THA shall not take any responsibility regarding the products or service.
Clients shall agree this Agreement may be changed without notifying in writing in advance.
Article 2. Price
charge of a cash-on-delivery commission, a payment-in-installments commission, delivery charge, installation and repair cost, operation instruction fees and disposal fees and accompanying these charges, commissions, costs, fees above and other fees are not included in Price.
Price may be changed without a preliminary announcement.
Article 3. Order
Clients shall use an order procedure using the form THA provides (“THA Ordering Procedure”) when purchasing Products.
Clients should agree that some of the Products clients order (“Ordered Products”) might cease to sell without preliminary announcement
Article 4. Change and / or Cancel of Order THA
Clients should agree that THA doesn’t accept change or cancel of an order after the completion of THA Ordering Procedure.
Only in the case when THA judges that there is a rational reason for change or cancel of an order after the discussion between clients and THA, change or cancellation may be accepted by THA.
Article 5. Payment, Sales Contract
A client shall transfer in cash the amount THA inform you, before the date 7 days after THA submits you the bill through e-mail (“Payment Limit Date”), to the bank account designated by THA. A transfer commission will be taken as a client’s burden.
The sales contract with a client and THA will be concluded when THA confirms the transfer of money provided in the preceding clause.
A client should agree that in some cases there will be additional cost after the estimation as defined in article 6.
When the payment from a client cannot be confirmed before the Payment Limit Date by THA, THA can deal that client had the purchase application canceled.
In this case, THA shall not take any responsibility at all.
When the order from a client through the Site does not reach THA by the fault of communication environment or for some other reasons, the sales contract of Ordered Products is not concluded.
In this case, even if a client suffers damages, THA does not take any responsibility at all.
Article 6. Delivery,Ownership
After the completion of THA Ordering Procedure completed, THA estimates delivery and installation of Products to the delivery place of Products (“Delivery Address”) where a client designates, using the delivery trader and installation construction vendor specified by THA.
A client shall transfer money in cash to the bank account designated by THA after THA provides the client the estimated amount of money required for delivery and installation of Ordered Products,
In addition, the information about the delivery date displayed on the Site is only for reference purpose, and THA does not promise or guarantee that THA completes the delivery of the Ordered Products at the time THA announces.
Clients should agree that delivery of the Ordered Products may be late for the reported scheduled day THA announced to the client after the conclusion of a sales contract
Delivery Address is restricted in Japan.
Please take Ordered Products on the day clients agreed with THA for delivery.
When clients could not take Ordered Products at the time and Delivery Address which agreed with THA because of the client’s absence and/or THA can’t take contact with the client, the clients shall agree THA reserves the right to deal with the case
the clients wishes to cancel the sales contract.
THA shall not be responsible for the cancellation of the sales contract stated above.
Ownership of the Ordered Products shall transfer from THA to the client when THA delivers the Ordered Products to the client or the Delivery Address and the client receives the Ordered Products.
Article 7. Cancellation of Sales Contract
After concluding a sales contract on the conditions defined in Article 5, No return of Ordered Products are accepted by THA.
Article 8. Initial Defect of Ordered Products
Although THA takes care of the quality of the Products, in case the Ordered Products have an initial defect, or in case breakage has arisen during delivery of Order Products, the client shall inform THA within one month after the Ordered Products delivery.
Immediately after checking the defects in the defective Ordered Products by THA, THA will replace the defective Ordered Products with Products in good function(in the case there is no other same Ordered Products, other Products with the function is equivalent), with the delivering cost at THA burden.
Article 9. Gurantee
Guarantee for the Products is provided under the conditions set forth in the guarantee and other documents attached to the Products.
Article 10. Software license for Products
The intellectual property rights regarding Products, including the software pre-installed in the Products or enclosed with the Products (collectively “Software”) belong to the licensor of the respective Software.
When a client begins to use the Software, license agreements enclosed with the Products or displayed at the time of installation of the Software or the beginning of use of the Software, which sets forth the conditions of the license of the Software regardless of the title the agreement (collectively, “License Agreement”) shall be applied.
When a client uses the Software, the client shall agree to be bound with the conditions of the License Agreement.
Article 11. Limitaiton
Since Products are manufactured for use in Japan, clients shall agree that the operation outside Japan is not guaranteed.
Article 12. Limitation of liability
In case THA materially failed to comply with this Agreement and which cause the clients to suffer damages, clients shall agree that the maximum liability of THA for any damages or claims arising under or in connection with this Agreement shall be limited to the amount which THA has received from the client regarding the Ordered Products constituting the direct cause of damages.
In no events shall THA be responsible or have any liability for any special, consequential, incidental or indirect damages including loss of profit and lost data.
Article 13.Applicable Law; Jurisdiction.
This Agreement shall be governed by the laws of Japan and any dispute with regard to this Agreement shall be under the exclusive jurisdiction of the Tokyo District Court or Tokyo Summary Court.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by the court, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Article 15 (Language)
The Japanese language version of this Agreement is the authentic copy and shall be controlling in any dispute hereunder.