Yosko LLC

Terms & Conditions of Sale

 

SCOPE

Yosko LLC sells products to, among others, non-profit institutional purchasers.  As a condition of ordering any of the Yosko LLC product on the Yosko LLC, the party ordering product ( “Buyer”) represents and warrants to Yosko LLC that it is (and any other related party approved by Yosko LLC as an eligible purchaser) an eligible purchaser.

 

If Buyer has any current purchase agreement with Yosko LLC (e.g. an Authorized Yosko LLC Dealer Sales Agreement or similar agreement), then the terms and conditions of such agreement shall apply to sales of product.  If no such current agreement with Yosko LLC exists, then the terms and conditions contained herein (“Terms & Conditions of Sale”) shall apply to all quotations made and contracts of sale entered into between Yosko LLC and Buyer, and Buyer shall be deemed to have accepted these Terms & Conditions of Sale by placing with Yosko LLC an order for Yosko LLC product.

 

ELIGIBLE BUYER

By purchasing under these Terms & Conditions of Sale, Buyer represents and warrants that Buyer is aware of and meets all of the criteria established by Yosko LLC to be an eligible purchaser. Yosko LLC reserves complete discretion in making all eligibility determinations.

 

ASSIGNMENT

Buyer shall not assign these Terms & Conditions of Sale, or any interest therein, or any rights hereunder without the prior written consent of Yosko LLC.

 

PRICES

Yosko endeavors to offer you competitive prices on current Yosko LLC products.  Prices shall be as set forth on the product in effect on the date the Buyer’s order is accepted by Yosko LLC. 

All applicable sales and/or use taxes, duties and other imposts, if any, due on account of purchases shall be paid by Buyer.  Proof of tax-exempt status must be on file at Yosko LLC for any order to be treated as a tax-exempt transaction. 

 

MINIMUM ORDER REQUIREMENT

Yosko LLC may, without prior notice to Buyer, establish minimum requirements for the volume of Product ordered at one time, and may establish handling charges for orders that fall below such minimum order levels.

 

PRODUCT AVAILABILITY

Given the popularity of some products Yosko LLC may restrict the number of such items that you may purchase.  Any product limit restrictions will be posted to the Yosko LLC .  This information is subject to change.  Yosko LLC makes every effort to ship your product from the Yosko LLC within 5 (five) business days of receiving your purchase order, credit card approval or lease approval.  However, due to changes in product availability this can vary.  Yosko LLC cannot guarantee specified delivery dates.  Yosko LLC will endeavor to ship as closely as possible to your requests, but is not liable for failure to do so.

 

Yosko LLC endeavors to stay at the forefront of technological advancement.  For this reason, Yosko LLC reserves the right to discontinue products or change specifications without notice.

 

PAYMENT METHODS

 

Cash

Yosko LLC accepts US Dollars as payment for products or services rendered.

 

Credit Card

Yosko LLC accepts major credit cards including Visa, MasterCard, Discover, and American Express credit cards.  At the time your order is placed, Yosko LLC obtains a pre-approval from the credit card company for the amount of the order.  Credit card billing occurs when your order ships.

 

Personal Checks

Yosko LLC Store accepts personal checks and money orders as valid forms of payment. Buyer may pay by check in person or by mail. Please mail your payment to:

Yosko LLC
P.O. Box 511213
Livonia, MI 48151

Yosko LLC must receive your payment within 10 calendar days or your order will be cancelled. Please allow 1 business day for order processing after Yosko LLC receives you payment.

 

DEFAULTS

In the event of any default by Buyer, Yosko LLC may decline to make further shipments without in any way affecting its rights under these Terms & Conditions of Sale.  The due date of all Yosko LLC invoices shall be accelerated so that they become due and payable immediately, even if longer terms had been provided previously.  If despite any default by Buyer, Yosko LLC elects to continue to make shipments, Yosko LLC’s action shall not constitute a waiver of any default by Buyer or in any way affect Yosko LLC’s legal remedies as a result of any such default.

 

SOFTWARE RIGHTS

(a) Buyer acknowledges that Yosko LLC products often contain not only hardware but also software.  Software may be provided on separate media, such as floppy diskettes or CD-ROM or may be included within the hardware.  Such software is proprietary, is copyrighted, and may also contain valuable trade secrets and be protected by patents.  Buyer, as an end user, software contained in such product, subject to the terms of the license accompanying the product, if any, and the applicable patent, trademark, copyright, and other intellectual property, federal and state laws of United States.

 

(b) Unless Buyer has obtained Yosko LLC’s prior written consent, Buyer, in addition to any obligations or restrictions set forth in any license which may accompany a product, shall not copy the software, except to backup or for archival purposes, and Buyer shall promptly affix to any such copy the same proprietary and copyright notices as were affixed to the original.  Buyer shall not disassemble, decompile, reverse engineer, copy, modify, prepare derivative works thereof, or otherwise change any of the software or its form.

 

Please be aware, however, that your purchase is subject to the particular license that accompanies the software and you must agree to the terms and conditions of that license when you install the software.  That license may differ from the licenses you can review at the above URLs.  Be certain to read the applicable license carefully before you install the software.

 

 

TITLE AND DELIVERY

(a) Yosko LLC reserves the right to accept or reject, in whole or in part, any order submitted by Buyer.

 

(b) Title and risk of loss to all Product will pass to Buyer upon shipment from Yosko LLC’s shipping location.  For Products shipped pursuant to Yosko LLC's standard practices in all but the last week of every Yosko LLC fiscal quarter during the term of this Agreement, Yosko LLC will issue credits or replace Products returned due to damage in transit or that are lost in transit.  For Products shipped pursuant to Yosko LLC’s standard practices in the last week of every Yosko LLC fiscal quarter during the term of this Agreement, Yosko LLC will not issue credits or replace Products returned due to damage in transit or that are lost in transit.  Instead, Yosko LLC will provide third-party insurance for damaged or lost Products with Buyer named as the loss payee.  When not shipping Products pursuant to Yosko LLC’s standard practices but instead shipping via a carrier selected by Buyer, Yosko LLC will not issue credits or replace Products returned due to damage in transit or that are lost in transit.

 

(c) Yosko LLC will use reasonable efforts to ship according to Buyer’s request, but will not be responsible or liable for any failure to do so or any failure to meet a proposed delivery date.  Should orders for product(s) exceed Yosko LLC’s available inventory, Yosko LLC will allocate its available inventory and make deliveries (including partial shipments) on a basis Yosko LLC deems equitable, in its sole discretion and without liability.

 

RETURNS

Please note that Yosko LLC only permits the return of unopened products due to a Yosko LLC shipping or order processing error and that all other sales are final.  Yosko LLC Support must approve all requests for return.

 

Shortages, Defective or Incorrect Products

All claims for shortages, Buyer with Yosko LLC must file defective or incorrect products within ten (10) days of purchase.  Product damaged in transit or shipping errors should be reported immediately to Yosko LLC. 

 

If you have received an incorrect product due to a Yosko LLC shipping or order processing error, please use the following return process:

 

   1. Please contact Yosko LLC Customer service via customerservice@yoskosolutions.com to request a Return Material Authorization number (RMA#). A RMA request must be made within 10 days of purchase of the product in accordance with Yosko's return policy.

 

   2. If the RMA is approved, a RMA # will be issued.  The customer service representative will also provide you with information on how to return the product to Yosko LLC.

 

   3. In order to speed up the process, the product must be returned unopened to Yosko LLC within 30 days of the issuance of the RMA.  All products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the product.

 

   4. NOTE:  If you discover what you believe to be a product defect, outside the above categories, please contact Yosko LLC Customer service via customerservice@yoskosolutions.com.  Such a defect, if any, is covered under the terms of your product's warranty.  Please refer to the warranty information and other support documentation that came with your product.

 

Dead On Arrival (“D. O. A.”)

If you discover that your product is wholly inoperable when it is delivered to you, please contact Yosko LLC Customer service via customerservice@yoskosolutions.com  within ten days of purchase.  Yosko LLC Customer service will determine if it is appropriate to offer you the following options:

 

* Replacement: The same product that was ordered will be shipped to you at Yosko LLC's expense.  A Yosko LLC Customer service Representative will contact you with the replacement product delivery time, and the process to return the inoperable product.

 

* Service: You may have the product repaired; however, once serviced the product is no longer eligible for replacement.  Yosko LLC Customer service must deem product inoperable when you receive it within ten days of purchase in order for you to receive a replacement unit.

 

o This policy regarding units that are inoperable when delivered only applies to Yosko LLC-branded hardware products currently offered on the Yosko LLC .  As new products are offered Yosko LLC reserves the right to determine whether or not this policy applies.

 

o The policy does not apply to third party products which do not bear the Yosko LLC brand name.  You may call the manufacturer directly to discuss the third party product.

 

o If Yosko LLC Customer service deems the product inoperable at delivery ten days after purchase, Yosko LLC's standard product warranty will apply.

 

o If Yosko LLC Customer service does NOT deem the product inoperable at delivery Yosko LLC's standard product warranty will apply.

 

o Shipping and replacement units will be at Yosko LLC's expense.

 

o Yosko LLC reserves the right to test products returned under this policy.  If Yosko LLC determines that the customer has misrepresented the condition of the product, Yosko LLC reserves the right to impose a $500 fee, for wrongful return of the product.

 

Defective Items - Yosko LLC Branded Products

If you discover what you believe is a product defect for any Yosko LLC branded product please contact Yosko LLC Customer service via customerservice@yoskosolutions.com .  Such a defect, if any, is covered under the terms of your product's warranty. Please refer to the warranty information and other support documentation that came with your product.  (Refer to the below Product Warranty section for specific information about Yosko LLC's product warranties.)

 

Product requiring repairs should be directed to an authorized Yosko LLC Service Provider.  Product deemed dead on arrival (“DOA”) may be returned to Yosko LLC without a restocking fee.  An RMA number must be obtained from Yosko LLC within ten (10) days of purchase for any product being returned.  Product must be returned to Yosko LLC within thirty (30) days of an RMA number being issued.  Please consult an Yosko LLC Customer service associate for additional details regarding RMA policy.

 

Defective Items - Non-Yosko LLC Branded/Third Party Products

If you discover what you believe is a product defect for any third-party product please contact the manufacturer directly for information regarding the manufacturers' standard warranties.

 

Note: Products sold through this Web site, which do not bear the Yosko LLC brand name, are serviced and supported exclusively by their manufacturers in accordance with terms and conditions packaged with the products.  Yosko LLC's Limited Warranty does not apply to products that are not Yosko LLC-branded, even if packaged or sold with Yosko LLC products.

 

PRODUCTS LOST OR DAMAGED IN TRANSIT

Claims & Payment Process:  For all product damaged or lost in transit in any week of the quarter, Buyer must notify Yosko LLC Customer service within ten (10) business days from receipt of receiving damaged products, a short shipment, or not receiving an expected order.

 

For product shipped during weeks 1 through 12 of Yosko LLC's fiscal quarters, Yosko LLC will either issue a credit or replace product damaged or lost in transit and place claims and/or tracers on behalf of the Buyer.  Yosko LLC will issue a credit or ship replacement product to the Buyer upon receipt of the damaged product or confirmation of the lost product.

 

For product shipped during week 13 during Yosko LLC's fiscal quarters, Yosko LLC will prepare and file a claim with the third party insurance carrier with the Buyer listed as the loss payee.  Once the insurance requirements are satisfied, the Buyer will receive a check from the insurance carrier for the purchase price of the product rather than receiving replacement product or credit from Yosko LLC.  Or, instead of receiving the check from the insurance carrier, the Buyer can elect to assign insurance proceeds resulting from lost or damaged product to Yosko LLC and Yosko LLC will credit the Buyer's account for the amount of the insurance proceeds. The Customer will need to place a new order for replacement product.  Yosko LLC will extend the Buyer's payment terms for the damaged or lost product until the claim filed with the third party insurance carrier is resolved, and the Buyer's credit limit will be adjusted if necessary to offset the outstanding claim amount. Yosko LLC believes the insurance policy claim limits will be adequate to cover any losses incurred by Buyer.  However, Yosko LLC will not be liable in the event the entire claim is not covered for any reason, including exceeding the claim limits. Title and risk of loss to returned product will pass to the insurance company upon shipment to Yosko LLC by Buyer.

 

PRODUCT WARRANTY

The warranty for Yosko LLC products purchased under these Terms and Conditions of Sale shall be Yosko LLC’s standard limited warranty as set forth in the documentation that accompanies each Yosko LLC product.  Yosko LLC makes no other warranty to Buyer, either express or implied, with respect to any Yosko LLC products purchased hereunder.  Yosko LLC specifically disclaims the implied warranties of merchantability and fitness for a particular purpose.  No Yosko LLC dealer, agent or employee is authorized to make any modification, extension or addition to this warranty.

 

Accessories, supplies and non Yosko LLC-branded/third party products are sold "AS IS" by the Yosko LLC , but may be accompanied by their manufacturers' standard warranties.  "AS IS" products are sold by Yosko LLC as is, where is, and with all faults, and without express or implied warranties from Yosko LLC. If you have questions about any manufacturers' warranties that accompany such products, you can contact Yosko Customer service via customerservice@yoskosolutions.com .

 

TERM AND TERMINATION

Unless sooner terminated as provided herein, these Terms and Conditions of Sale shall be in effect until further notice from Yosko LLC.  The parties agree that neither party shall be obligated to renew or extend these Terms and Conditions of Sale.

 

MODIFICATIONS

Yosko LLC may unilaterally modify any of its policies, procedures and programs on thirty (30) days notice to Buyer.  No attempted addition to, deletion from, or modification of any of the provisions of these Terms & Conditions of Sale by Buyer shall be binding on Yosko LLC unless it is in writing and signed by an authorized representative of Yosko LLC.  Yosko LLC’s failure to object to any term or condition contained in any communication from Buyer shall not be deemed a waiver of any provision herein.  Any waiver by either party of any provision of these Terms & Conditions of Sale shall not be deemed to be a waiver of any other provision of these Terms & Conditions of Sale, or a continuing waiver, but shall apply solely to the instance to which the waiver is directed.

 

LIMITATION OF LIABILITY

In no event shall Yosko LLC be liable for incidental, consequential, indirect or special damages including, without limitation, lost business profits or revenue, downtime, goodwill, damage to or replacement of equipment and property, costs of recovering, reprogramming or reproducing any program or data stored in or used with Yosko LLC products.  Direct damages shall be limited to an amount not to exceed $100,000 per incident.  This limitation is a critical element of the parties’ bargained-for consideration and will be effective even in the event Yosko LLC is informed in advance of the possibility of such damages.

 

LIMITATION OF REMEDIES

The remedies set forth in these terms and conditions of sale shall be Buyer’s sole and exclusive remedies for any breach of this agreement by Yosko LLC.

 

ENTIRE AGREEMENT

These Terms & Conditions of Sale contain all the agreements, warranties understandings, conditions, covenants and representations made between Buyer and Yosko LLC.  Neither Buyer nor Yosko LLC shall be liable for any agreements, warranties, understandings, conditions, covenants or representations that are not expressly set forth in these Terms & Conditions of Sale.  Any different or additional terms or conditions in any purchase order, invoice or other such document submitted by Buyer are hereby expressly rejected by Yosko LLC and shall have no force or effect whatsoever and Yosko LLC specifically rejects any different or additional terms or conditions proposed by Buyer.

 

OTHER TERMS AND CONDITIONS

* Yosko LLC is not responsible for typographic errors.

* No Yosko LLC employee or agent has the authority to vary any of the Yosko LLC ’ policies or the terms and conditions governing any sale.

 

 

 

January 26, 2004