NAJAH INDUSTRIES
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Terms and Conditions

Document Reference: POL-0031, Rev00

Effective Date: August 2026


These Terms & Conditions govern access to and use of the NAJAH Industries OPC website and, where applicable, the purchase of products and services from NAJAH Industries OPC.


By placing an order, accepting a quotation, approving a drawing or specification, making payment, or otherwise entering into a transaction with NAJAH Industries OPC, the customer agrees to the applicable terms governing that transaction.


Nothing in these Terms & Conditions is intended to exclude, restrict, or waive any right or remedy that cannot legally be excluded or restricted under applicable Philippine law.


1. Company


NAJAH Industries OPC ("NAJAH," "we," "our," or "us") is a Philippine company engaged in the manufacture, supply, fabrication, sale, and servicing of industrial machinery, equipment, components, and related products and services.


2. Order of Precedence


Where several documents apply to the same transaction, the following order of precedence will generally apply unless otherwise agreed in writing:


  1. Signed contract or written agreement;
  2. Accepted NAJAH quotation or order confirmation;
  3. Customer-approved drawings and technical specifications;
  4. Product-specific warranty or written conditions;
  5. These Terms & Conditions;
  6. Shipping & Delivery Policy and Returns & Refunds Policy; and
  7. General website product information.


A transaction-specific written agreement may expressly modify this order.


3. Product Information


NAJAH makes reasonable efforts to ensure that product descriptions, photographs, dimensions, capacities, specifications, and other information published on the website are accurate.


Product photographs, renderings, illustrations, and drawings are provided for reference and may not represent every production detail.


Unless specifically guaranteed in an accepted quotation, contract, or approved specification, published dimensions, weights, capacities, and performance figures may be nominal or approximate.


Customers requiring a particular technical characteristic must obtain written confirmation before ordering.


4. Continuous Product Improvement


NAJAH may improve or modify product designs, components, materials, construction methods, appearance, or specifications as part of continuous product development.


Such changes will not intentionally reduce the principal functionality specified in an accepted order.


For specification-controlled or custom-manufactured equipment, the applicable approved drawing, technical specification, quotation, or contract takes precedence.


5. Quotations


NAJAH quotations are valid for the period stated in the quotation.


Unless expressly included, quotations may exclude costs such as:


  • Shipping and freight;
  • Special packaging or crating;
  • Installation and commissioning;
  • Site preparation;
  • Lifting equipment;
  • Electrical connections;
  • Civil works;
  • Permits;
  • Duties, port charges, and destination handling; and
  • Other work outside the stated scope.


Acceptance of a quotation constitutes acceptance of the scope, specifications, commercial conditions, exclusions, and other requirements identified in that quotation.


6. Prices


Unless otherwise stated, website prices are expressed in Philippine Peso (PHP).


Prices may change before an order is confirmed.


NAJAH reserves the right to correct obvious typographical, pricing, calculation, or system errors. If an error materially affects an order already submitted, the customer will be informed before the affected order is fulfilled.


Any applicable statutory taxes and charges will be handled in accordance with Philippine law and the terms of the transaction.


7. Orders & Order Acceptance


Submission of an online order does not necessarily constitute final acceptance by NAJAH.


NAJAH may verify:


  • Product configuration;
  • Customer specifications;
  • Availability;
  • Shipping requirements;
  • Technical compatibility;
  • Payment;
  • Delivery location; and
  • Other information necessary to fulfill the order.


NAJAH may decline or cancel an order for legitimate reasons including an obvious pricing error, inability to manufacture or supply the requested product, technical incompatibility, delivery restrictions, suspected fraudulent transactions, or circumstances that make fulfillment impracticable.


Where NAJAH cancels an accepted order for reasons attributable to NAJAH and payment has already been received, the appropriate amount will be refunded subject to applicable law and any legitimate completed portion of the transaction.


8. Customer Specifications & Drawing Approval


For custom, modified, or made-to-order equipment, the customer is responsible for reviewing all applicable drawings, dimensions, capacities, materials, configurations, interfaces, and technical requirements submitted for approval.


Written or electronically recorded customer approval authorizes NAJAH to proceed based on the approved information.


NAJAH will not be responsible for deficiencies resulting solely from inaccurate dimensions, information, specifications, samples, drawings, or requirements supplied or expressly approved by the customer, except to the extent NAJAH knew or reasonably should have known that the information would create an unsafe or materially unsuitable product.


Any changes requested after approval may result in additional engineering, materials, rework, manufacturing costs, and revised completion dates.


9. Custom & Made-to-Order Products


Custom-made, specially manufactured, modified, or personalized products are produced specifically for the customer's requirements.


Once engineering, procurement, fabrication, or manufacturing has commenced, cancellation or changes requested solely because the customer changes their mind may be subject to charges reflecting work performed, materials committed, non-returnable purchases, and other reasonable costs incurred by NAJAH.


Custom products cannot be rejected merely because the customer subsequently changes their preference where the product conforms to the agreed specifications.


This provision does not limit statutory rights or remedies relating to defective, unsafe, misrepresented, or non-conforming products.


10. Suitability for Intended Application


Customers are responsible for providing NAJAH with sufficient and accurate information regarding the intended application where suitability depends upon the customer's particular process, material, operating conditions, environment, or production requirements.


Where NAJAH has expressly undertaken in writing to design or select equipment for a specified application, NAJAH will be responsible for performing that agreed scope with the appropriate standard of care.


Where the customer independently selects a standard product without requesting application-specific engineering or written confirmation of suitability, the customer is responsible for confirming that the selected product is suitable for its intended application.


11. Site Conditions & Utilities


Unless installation or site preparation is expressly included in NAJAH's scope, the customer is responsible for ensuring that the installation or operating site provides appropriate:


  • Electrical supply;
  • Foundations and structural support;
  • Working clearances;
  • Ventilation;
  • Environmental conditions;
  • Access;
  • Lifting and unloading facilities;
  • Compressed air, hydraulic, water, or other utilities where required; and
  • Workplace safety provisions.


Damage or malfunction caused by unsuitable site conditions or utilities may not constitute a product defect.


12. Payment


Payment terms will be stated at checkout, in the applicable quotation, invoice, contract, or order confirmation.


Custom manufacturing, procurement, and special-order work may require a deposit or advance payment.


Where legally permissible and expressly stated in the applicable transaction documents, title to goods may remain with NAJAH until the agreed purchase price has been paid in full.


Late, incomplete, or failed payments may result in suspension of manufacturing, procurement, shipment, installation, or other work, subject to the applicable agreement and law.


13. Manufacturing & Lead Times


Manufacturing, processing, and completion dates are estimates unless expressly guaranteed in writing.


Lead times may be affected by:


  • Customer approval delays;
  • Customer-requested changes;
  • Material availability;
  • Supplier delays;
  • Production requirements;
  • Transportation disruptions;
  • Force majeure events; or
  • Other circumstances reasonably outside NAJAH's control.


Manufacturing lead time is separate from shipping transit time.


14. Shipping & Delivery


Shipping is governed by the applicable Shipping & Delivery Policy and transaction-specific freight arrangements.


Shipping charges may depend on destination, weight, dimensions, cargo classification, packaging, and transportation requirements.


Heavy and oversized machinery may require freight verification.


For applicable heavy shipments to NCR and Luzon, sea freight may cover transportation only to the designated destination port. Port-to-door delivery, unloading, handling, storage, and other destination costs are excluded unless expressly included.


15. Risk During Transportation


Responsibility for transportation will depend on the delivery arrangement agreed for the transaction.


Where NAJAH arranges delivery to the customer's specified destination, responsibility will be determined by the applicable agreement and Philippine law.


Where the customer nominates or independently contracts a carrier, responsibility for the shipment will be determined according to the agreed collection/freight terms and applicable law.


Nothing in this section excludes liability that cannot lawfully be excluded.


16. Inspection & Acceptance


Customers should inspect products promptly upon receipt.


Visible shipping damage, shortages, incorrect items, or apparent non-conformities should be documented and reported to NAJAH as soon as reasonably practicable.


For custom equipment subject to an agreed inspection or acceptance test, the applicable quotation, approved specification, or acceptance procedure will determine the acceptance criteria.


Use or acceptance of equipment does not waive rights relating to latent defects that could not reasonably have been identified during initial inspection.


17. Returns, Exchanges & Refunds


Returns, exchanges, cancellations, and refunds are governed by the applicable Returns & Refunds Policy and Philippine law.


A change of mind does not automatically entitle a customer to return or exchange a product that is otherwise compliant and free from defects.


Nothing in these Terms limits remedies available under applicable law for defective, unsafe, misrepresented, or non-conforming goods.


18. Warranty


Applicable warranty coverage will be stated in the product documentation, quotation, invoice, warranty certificate, or other written terms provided by NAJAH.


Warranty claims will be evaluated according to the nature and cause of the reported defect.


Subject to applicable law and the applicable written warranty, warranty coverage may exclude failures resulting from:


  • Normal wear and tear;
  • Consumable or wear components;
  • Misuse or abuse;
  • Operation beyond rated capacity;
  • Incorrect installation;
  • Inadequate maintenance;
  • Unauthorized repairs or modifications;
  • Accident or external damage;
  • Incorrect electrical supply;
  • Unsuitable operating conditions;
  • Failure to follow operating or safety instructions; or
  • Damage attributable to customer-supplied equipment or third-party components outside NAJAH's responsibility.


These exclusions do not apply where the alleged cause is actually attributable to a defect for which NAJAH is legally responsible.


19. Warranty Claim Procedure


Customers making a warranty claim should provide, where reasonably available:


  • Proof of purchase;
  • Product model;
  • Serial number;
  • Description of the issue;
  • Photographs or video demonstrating the problem;
  • Operating conditions when the problem occurred; and
  • Other information reasonably required for diagnosis.


NAJAH may require reasonable access to inspect, test, diagnose, repair, or evaluate the equipment before determining the appropriate remedy.


Customers should not dismantle or materially modify equipment that is the subject of a warranty claim without first coordinating with NAJAH, except where reasonably necessary for safety.


20. Wear Parts & Consumables


Components that naturally deteriorate through normal operation may be classified as wear parts or consumables.


Normal deterioration resulting from ordinary use is not necessarily a manufacturing defect.


This does not affect rights relating to components that fail prematurely because of an underlying defect in materials, manufacture, or another cause for which NAJAH is legally responsible.


21. Installation, Operation & Safety


Industrial machinery may present serious hazards when improperly installed, operated, maintained, repaired, or modified.


Customers must ensure that machinery is operated and maintained by appropriately trained and competent personnel.


Customers and operators must observe:


  • Operating instructions;
  • Rated capacities;
  • Safety labels;
  • Guards and protective devices;
  • Emergency systems;
  • Maintenance requirements;
  • Workplace procedures; and
  • Applicable laws and safety requirements.


Safety guards, interlocks, emergency devices, and protective systems must not be intentionally bypassed, disabled, or removed during normal operation.


22. Unauthorized Modification & Misuse


NAJAH is not responsible for loss, damage, or failure to the extent caused by unauthorized modification, misuse, overloading, improper maintenance, incorrect installation, incompatible accessories, or operation outside the intended specifications.


Where customer actions contribute to a loss together with another cause, responsibility will be determined according to applicable law and the circumstances.


23. Intellectual Property


Unless expressly agreed otherwise in writing, NAJAH retains its intellectual property rights in its proprietary:


  • Product designs;
  • Drawings;
  • Manufacturing methods;
  • Technical documents;
  • Photographs;
  • Graphics;
  • Website content;
  • Branding; and
  • Other original materials.


Purchase of equipment does not automatically transfer ownership of NAJAH's underlying engineering drawings, manufacturing information, design rights, or other intellectual property.


Customer-supplied confidential drawings and proprietary information remain subject to the applicable agreement between the parties.


24. Third-Party Components


NAJAH equipment may incorporate motors, electrical components, hydraulic components, bearings, controllers, or other items manufactured by third parties.


Where applicable, third-party manufacturer warranty terms may apply to those components in addition to or as part of NAJAH's applicable warranty obligations.


Nothing in this provision removes any responsibility imposed upon NAJAH by applicable law.


25. Limitation of Liability


To the maximum extent permitted by applicable law, and except where otherwise expressly agreed in writing, NAJAH will not be responsible for indirect or consequential commercial losses that are not the natural and reasonably foreseeable result of a breach attributable to NAJAH.


Where legally permissible, this may include loss of production, loss of profit, loss of business opportunity, or downtime arising from circumstances outside the scope of NAJAH's agreed obligations.


Nothing in these Terms excludes or limits liability for fraud, bad faith, willful misconduct, or any other liability that cannot lawfully be excluded or limited.


26. Customer Responsibility & Third-Party Claims


The customer is responsible for operating and using equipment lawfully and in accordance with applicable safety requirements and instructions.


To the extent permitted by law, the customer may be responsible for losses or third-party claims resulting from the customer's unlawful use, unauthorized modification, deliberate bypassing of safety systems, or operation materially contrary to NAJAH's instructions, where such conduct caused the loss or claim.


This provision does not require the customer to assume responsibility for a defect, negligent act, or other matter legally attributable to NAJAH.


27. Force Majeure


NAJAH will not be responsible for delay or non-performance caused by events beyond its reasonable control where relief is permitted by applicable law.


Such events may include natural disasters, severe weather, fire, flood, war, civil disturbance, government restrictions, port closures, transportation disruption, widespread power interruption, major supply-chain disruption, or similar unavoidable circumstances.


NAJAH will make reasonable efforts to minimize the effects of such events and communicate material delays affecting confirmed orders.


28. Website Use


Users must not misuse the website, interfere with its operation, attempt unauthorized access, introduce malicious software, fraudulently impersonate another person, or use the website for unlawful purposes.


NAJAH may restrict access where reasonably necessary for security, legal, or operational reasons.


29. Privacy


Personal information collected by NAJAH will be handled in accordance with the applicable Privacy Policy and Philippine data protection requirements.


Customers should review the Privacy Policy for information concerning the collection, use, storage, disclosure, and protection of personal information.


30. Severability


If any provision of these Terms & Conditions is determined to be invalid, unlawful, or unenforceable, that provision will be applied or limited to the extent legally permissible, and the remaining provisions will continue to apply to the extent permitted by law.


31. No Waiver


Failure by NAJAH to immediately exercise a contractual right does not automatically constitute a permanent waiver of that right.


Any waiver must comply with applicable law and will apply only to the circumstances for which it was given.


32. Governing Law


These Terms & Conditions and transactions governed by them are subject to the laws of the Republic of the Philippines, unless another governing arrangement is expressly agreed in a valid written contract.


Nothing in this provision prevents a consumer from exercising rights relating to jurisdiction, complaints, or remedies that are mandatory under applicable law.


33. Changes to These Terms


NAJAH may update these Terms & Conditions to reflect changes in its business, products, website, operational practices, or applicable requirements.


Changes will apply prospectively from their stated effective date unless otherwise required by law.


The terms applicable to an already confirmed transaction will generally be those incorporated into that transaction when it was accepted, unless the parties subsequently agree otherwise or applicable law requires a change.


34. Contact


Questions concerning these Terms & Conditions, orders, quotations, product specifications, warranties, or transactions may be directed to NAJAH Industries OPC using the contact information published on our website.


NAJAH Industries OPC

Jasaan, Misamis Oriental, Philippines

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NAJAH Industries OPC

Jasaan-Claveria Provincial Road, Purok 8 Upper Jasaan (Pob.) Misamis Oriental, 9003 Philippines

+639 179641052

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