Terms and Conditions / Refund Policy

1. The prices do not include field wiring, piping, foundation works, and materials. 

2. Any surcharge, tax, or assessment imposed by the United States, or Japanese government as a result of the herein stated machinery being imported from Japan to the United States will be borne by the Buyer. These are over and above the normal United States customs tariffs imposed. 

3. Sales Tax: The selling price does not include any local, state, and/or federal sales or use tax, which is the responsibility of the Buyer unless separately stated on the invoice if applicable. 

4a. Limited Warranty: HappyJapan USA Limited Warranty covers parts and labor as described below, travel expenses are not included. All warranty issues must be approved by HappyJapan USA. One Year Warranty coverage on all Parts excluding consumption parts and damage caused by neglect, lack of machine care, maintenance and or improper use. Consumption Parts. The following items are considered consumable and are excluded from the warranty Needles, trimmers, sewing hooks, thread catch hooks, bobbin cases, bobbins, presser feet, hoops, cap frames, fuses and filters. Travel HappyJapan USA’s Limited Warranty will not cover travel expenses which includes actual travel expense and $55 per hour travel charge, these are borne by the customer. HappyJapan USA’s reserves the right to adjust the schedule of repairs as needed. Limited Warranty Terms The seller warrants and agrees that it will replace or repair F.O.B. its plant or at Buyers location, at the sole option of Seller, the items set forth above which, under normal and proper use, prove defective in materials or workmanship, provided the Buyer gives immediate written notice of such alleged defect, and if requested, returns the defective part to Seller’s and/or manufacturer’s plant for inspection, freight prepaid. Any modifications made by the Buyer to the herein specified machine and/or part(s) shall void this warranty unless approved in writing by the Seller prior to modification. Scheduled Machine services after 1 year of use and/or Machine repairs caused by Operator error or lack maintenance is not covered by this warranty and will be charge at $85 per hour labor  (minimum 2 hours of labor).  Buyer will also be responsible for the Travel cost of $55 per hour traveled. The Seller warrants only that the goods conform to the specifications set forth and if no specifications are stated, that the goods are sold AS IS. Where specifications are set forth, minimum standards shall apply in each instance. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE BUYER EXPRESSLY ACKNOWLEDGES THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE. 

4b. Software. Any applicable Software License Agreement must be accepted and signed prior to the software installation. 

5. Claim Period: Claims relating to non-conforming goods shall be made within thirty (30) days after receipt thereof. All other claims shall be made within thirty (30) days after receipt of the goods to which the claim relates, or if for non-delivery, after the scheduled delivery date thereof. Buyer’s failure to give Seller written notice within the applicable time period shall constitute an absolute and unconditional waiver of such claim. 

6. Return of Goods: In the event payment terms are not met by the Buyer, Buyer will return the goods to the Seller at Buyer’s expense immediately upon receiving written demand from the Seller. If the Buyer requests to return goods to Seller goods must be returned complete, in new condition, in the original packaging within 30 days of shipment from Seller. Buyer will bear all related expenses, risk of loss and a 20% restocking fee, No returns will be allowed after 30days of shipment from Seller. 

7. Limitation of Remedies: The seller’s liability, whether in contract or in tort, arising out of warranties, representations, instructions, defects or from any causes shall be limited exclusively, to refund of the original purchase price of the goods, and in no event will the seller be liable for consequential or incidental damages, including, but not limited to, loss of profits, replacement cost, substitute goods, or any other special, indirect or commercial loss; it being specifically agreed that no consequential or incidental damages are within the contemplation of the parties for breach of any part of this Agreement. It is further specifically agreed that Seller has no knowledge nor reason to know of any general or particular requirements or needs of Buyer which could give rise to consequential or incidental damages.

8. Governing Law Clause: This quotation shall be governed by and construed in accordance with the laws of the State California. In the event that any provision hereof shall be declared invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity and enforceability of any other provision hereof.

9. Jurisdiction and Venue: The parties hereto consent to the jurisdiction and venue in the courts of the State of California, for all disputes arising out of or in any way related to this transaction. 

10. Force Majeure: In the event that either party is unable to carry out its obligations under this Agreement, wholly or in part, due to circumstances beyond its control, including without limitation, strikes; lockouts; fires; explosions; floods; acts of God; war or other hostilities; civil commotion; breakdown of machinery; governmental acts, order or regulations; inability or difficulty in obtaining shipping facilities or supplies; and accidents in transportation or shipping; then upon giving prompt notice of force majeure to the other party, the party so affected shall be released without any liabilities on its part from the performance of its obligations under this Agreement, but only to the extent and only for the period that its performance of said obligations is prevented by circumstances of force majeure. 

11. Payment Terms: 1.5% ( one and one half percent ) interest per month will be charged and due immediately on all past due invoice balances. HappyJapan USA reserves the right to assess credit card fees. 

12. Set Off: Buyer may not set off any amounts owing to Seller for any reason. 

13. Termination: Buyer may not terminate this order for any reason. All Deposits are nonrefundable unless agreed to in writing. 

14. Typographical Errors: Seller reserves the right to correct typographical errors, if any, which may appear in this document until the date of Seller’s signed acceptance. 

15. There are no other agreements, understandings, or representations, whether written or oral, other than those stated or referred to herein. The terms and conditions stated herein govern and supersede any terms and conditions of Buyer, whether on Buyer’s purchase order or otherwise, and any prior or concurrent agreement, understanding, or representation. 

16. Indemnification: a. Buyer shall defend, indemnify and hold harmless Seller, its related companies, their directors, officers, employees, agents, successors and assigns (the “Indemnified Parties”) from any and all damages and expenses and any reasonable costs, including but not limited to, reasonable attorney fees and litigation expenses, arising out of any claims, demands, or causes of action arising from any (1) acts or omissions of the Buyer, its directors, officers, employees, agents, successors and assigns (the “Indemnifying Party”), or (2) for all claims by third parties, including but not limited to property damage, products liability, whether for personal injury, wrongful death, subsequent sale or use of the goods or products produced by the goods, or (3) intellectual property, trade secret or proprietary right use, violation or infringement, whether claimed, alleged asserted or not, or otherwise, except to the extent that the damage or expense arises due to the Indemnified Parties’ act. b. If the Indemnified Party intends to seek indemnification for a claim, such Indemnified Party shall promptly notify the Indemnifying Party in writing, by certified mail, of such claim describing such claim in reasonable detail; provided, that the failure to provide such notice shall not affect the obligations of the Indemnifying Party unless it is actually and materially prejudiced thereby. In the event that such claim involves a claim by a third party, the Indemnifying Party shall have the exclusive right for thirty (30) days after receipt of such notice to decide whether it will undertake, conduct or control, though counsel of its own choosing, satisfactory to the Indemnified Party, and at its own expense, the settlement or defense thereof, and if it so decides, the Indemnified Party shall fully cooperate with it in connection therewith; provided, that the Indemnified Party may participate in any such settlement or defense through counsel chosen by it; and provided, further, that the fees and expenses of such counsel shall be borne by the Indemnified Party. Notwithstanding anything herein to the contrary, the Indemnifying Party may not without prior written consent of the Indemnified Party, settle or compromise any claim or action or consent to the entry of any judgment. If the Indemnifying Party does not notify the Indemnified Party in writing, by certified mail and facsimile, within fifteen (15) days after the receipt of the Indemnified Party’s notice of a claim of indemnity hereunder that it elects to undertake the defense thereof, the Indemnified Party shall have the right to defend the claim but shall not thereby waive any right to indemnity therefore pursuant to this Agreement. 

17. These Terms and Conditions shall be binding on the parties hereto, their directors, officers, employees, agents, successors and assigns. 

18. Intellectual Property: Buyer shall have no right whatsoever to copy or make derivative works of any proprietary or confidential information disclosed by Seller or its Manufacturer. All such information shall at all times remain the property of and owned by Seller or its Manufacturer. Any patented or unpatented knowledge or information concerning Seller’s products, production or other methods, processes, scheduling, sources of supply, customers, marketing, or otherwise which that party may disclose to the other attendant or incident to this contract shall be deemed to have been disclosed as part of the consideration hereunder and shall not be given other use, shall be retained in confidence by the party to which disclosed, and, to the extent represented by or in samples, writings, drawings or other tangibles, shall be returned to the disclosing party simultaneously with termination under this contract or at any time upon demand, subject to any license granted. If the parties have signed a separate non-disclosure or confidentiality agreement, the terms of that agreement shall take precedence over the terms of this Section.     

HappyJapan USA 7-Year Limited Warranty

Covers parts and labor as described below.

– 2-Year coverage on all electronic parts excluding consumption parts and damage caused by neglect, lack of machine care, maintenance and/or improper use. 

– 7-Year coverage on all drive belts and motors excluding consumption parts and damage caused by neglect, lack of machine care, maintenance and/or improper use.

Onsite/Online training is a requirement to receive full warranty benefits.

Need help?

Contact us at [email protected] for questions related to refunds and returns.