Wholesaler Order Terms and Conditions
1 Returns and Refunds
Yuhei (Yuko-Europe) shall refund the purchase price on the goods ordered by you from Yuhei (Yuko-Europe) and returned by you to Yuhei (Yuko-Europe) provided that:
(a) the goods are returned (and received by Yuhei (Yuko-Europe)) within 15 days of the purchase date together with the proof of purchase provided by Yuhei (Yuko-Europe); and the goods are returned in their original, undamaged packaging and in perfect condition; and all the costs of returning the goods to Yuhei (Yuko-Europe) are paid by you; and if any errors in returning the goods occur or any damage is caused in returning them to Yuhei (Yuko-Europe) you shall be responsible for the same and shall not be eligible for a refund; and Yuhei (Yuko-Europe) shall use reasonable endeavours to pay the refund of the purchase price to you within 14 days of receiving the goods.
For hygiene and safety reasons Yuhei (Yuko-Europe) reserves the right to decline to exchange or accept the return of certain goods which have been opened and used.
2.1 All warranties, conditions and terms whether implied by law or expressly made, whether by Yuhei (Yuko-Europe), its employees or agents or otherwise as to the quality, condition and/or fitness for purpose of the goods are excluded.
2.2 In particular, Yuhei (Yuko-Europe) shall not be under any liability, whether in contract, tort (including negligence and breach of statutory duty) or otherwise howsoever in respect of defects in goods delivered or for any injury (other than personal injury as caused by Yuhei (Yuko-Europe)’s negligence as defined in section 1 of the Unfair Contract Terms Act 1977), damage or loss resulting from such defects.
Except in the case of death or personal injury caused by Yuhei (Yuko-Europe)’s negligence, and without prejudice to Clauses 2.1 and 2.2 above Yuhei (Yuko-Europe)’s liability under or in connection with this agreement, whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever, shall not exceed the sum paid by you to Yuhei (Yuko-Europe) for the goods.
2.4 In no circumstances shall Yuhei (Yuko-Europe) be liable, whether in contract, tort (including negligence and breach of statutory duty) or otherwise howsoever, and whatever the cause thereof, (a) for any loss of profit, business, contracts, revenues or anticipated savings, or (b) for any special, indirect or consequential damage of any nature whatsoever.
2.5 Yuhei (Yuko-Europe) shall not be responsible for any delay or failure in performance caused by circumstances beyond Yuhei (Yuko-Europe)’s reasonable control, including without limitation any labour disputes or failure of supplies.
3 Orders and Payment
Unless you give Yuhei (Yuko-Europe) prior written notice to the contrary, the person placing or signing the order on your behalf will be deemed to be authorised to do so. Yuhei (Yuko-Europe) reserves the right to refuse any order. All goods are subject to availability.
All prices shown are correct at time of print and will remain valid until a new price list is issued. You shall pay the price for the goods as stated on Yuhei (Yuko-Europe)’s invoice and not as stated in any quotation, estimate or given orally.
All prices are quoted exclusive of VAT which, where applicable, will be charged in addition to the price quoted. Except where payment in advance is required, invoices are due for payment within 28 days of their date. Yuhei (Yuko-Europe) reserves the right to demand payment in advance on any order.
Without prejudice to any other remedy, Yuhei (Yuko-Europe) may charge interest on overdue invoices, from the due date until the date of payment, on a daily basis at the rate equivalent to an annual rate of 3% above the HSBC Bank (London) base lending rate then in force.
The goods in any consignment shall remain Yuhei (Yuko-Europe)’s property, even after delivery, until you have paid for them in full. Even though title to the goods has not passed to you, Yuhei (Yuko-Europe) shall be entitled to sue for their price once payment has become due.
You acknowledge and agree that (a) any description which is given or applied to the goods (i) is only for the purpose of identifying the goods and (ii) shall not make this agreement a sale by description; and (b) where you have been shown and/or inspected a sample of the goods (i) the sole purpose of doing so was to enable you to judge the quality of the bulk and (ii) does not constitute a sale by sample.
You acknowledge and agree that this agreement shall be on these terms and conditions to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by you. No terms and conditions contained in any document supplied by you will form part of this agreement
4.1 Delivery times which are quoted are target times only. Yuhei (Yuko-Europe) reserves the right to vary delivery times and accepts no liability for failure to comply with quoted delivery times.
4.2 All goods to be supplied by Yuhei (Yuko-Europe) pursuant to this agreement shall be sold on an ex works (INCOTERMS 2000) basis, and accordingly you shall, in addition to the price, be liable for arranging and paying all costs of transport and insurance. Where Yuhei (Yuko-Europe) agrees to arrange for transport and insurance it will do so as your agent and you shall reimburse the full costs of doing so to Yuhei (Yuko-Europe). If you require Yuhei (Yuko-Europe) to arrange for transport and insurance you must confirm this in writing at the time of making the order. If expedited delivery is agreed, an extra charge may be made to cover any additional costs incurred.
4.3 Yuhei (Yuko-Europe) may deliver in instalments and invoice for each instalment.
5. Law and jurisdiction
The validity, construction and performance of this agreement shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
6 Entire Agreement
This agreement contains the whole agreement between Yuhei (Yuko-Europe) and you in respect of the sale of the goods and supersedes any prior written or oral agreements, representations or understandings between us relating to such. The parties confirm that they have not entered into this agreement on the basis of any representation that is not expressly incorporated into this agreement. Without limiting the generality of the foregoing, neither party shall have any remedy in respect of any untrue statement made to it upon which it may have relied on in entering into this agreement, and a party’s only remedy is for breach of contract. However, nothing in this agreement purports to exclude liability for fraud.
7 Use of YUKO Logo