Terms and Conditions
Please read these terms and conditions of product sales very carefully. The terms and conditions of product sales are limited to those contained herein. Any additional or different terms in any forms delivered by you ("customer") are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given. By accepting delivery of the products described in Yobitech's website, invoice, or other Yobitech documentation, customer agrees to be bound by and accepts these terms and conditions of product sales unless customer and Yobitech have signed a separate agreement, in which case the separate agreement will govern. Any general description of the types of products and results thereof posted on the website do not constitute part of the agreement between Yobitech and customer.
Application of Terms; Customer Acknowledgment
These Terms constitute a binding contract between Customer and Yobitech. Customer acknowledges agreement and acceptance of these Terms by making a purchase, placing an order or otherwise shopping on our Website (the "Site"). These Terms are subject to change without prior notice, except that the Terms posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
Governing Law; All Sales made in New York
THESE TERMS AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAWS RULES, REGARDLESS OF THE LOCATION OF THE CUSTOMER. ANY DISPUTE, ACTION OR LITIGATION MUST BE BROUGHT IN NEW YORK AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN NEW YORK, SUBMITS TO JURISDICTION THERE, AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER HEREBY AGREES THAT SUCH VENUE IS APPROPRIATE AND THAT YOBITECH'S AGREEMENT TO SELL AND DELIVER PRODUCTS TO THE CUSTOMER IS DEPENDENT ON THIS PROVISION.
Prices are listed in our website are subject to change without notice. Prices for certain government, corporate, and institutional customers may be set forth in a bid or other written agreement between the parties. Payment is due when products ships, unless credit terms have been arranged in advance with our credit department. In such case, payment terms shall be as set forth in the credit agreement. We collect sales and use taxes for sales made to residents of the State of New York. Additional states may be added without notice. We shall not be liable for handling or customs charges for shipments outside the United States.
Shipping; Risk of Loss; Security Interest
Yobitech will arrange payment for shipping with the carrier, but such costs are the responsibility of Customer. Yobitech charges shipping and handling fees for every shipment, unless a special promotion or contract term provides otherwise; such cost includes the freight charged by the carrier, packaging, and handling, but does not necessarily equal a direct pass-through of such cost to the customer. Risk of loss is upon Customer once we deliver the product to the carrier. Delivery times are estimates only and we shall not be liable for delays. Yobitech retains a security interest in the products until payment in full is received. All packages shipped to residential address require signatures upon delivery. Customer will be responsible for all shipping and related charges.
Non-US or Export Sales
Sales of our products must follow the Export Administration Regulations of the U.S. Commerce Department and applicable State Department restrictions. Certain hardware products may not be exported to certain countries, or may be exported only with individual licenses; and software that contains DES data and/or encryption technology may not be exported outside the U.S. The commodities, technology and/or software sold or distributed under these Terms may not be exported or re-exported to countries, entities and persons that are ineligible under United States law to receive United States commodities, technology and/or software. Customer represents and warrants that it is eligible to receive products under United States law and agrees to abide by any export or re-export restrictions imposed by the manufacturer or publisher. Customers are responsible for all customs and duty charges. Manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States.
LIMITED MANUFACTURER'S WARRANTY
Customer understands that Yobitech is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not us. In purchasing the products, Customer is relying on the manufacturer's specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by us. We do not warrant the performance or integrity of any Product, but merely pass through to the Customer whatever end-user warranty the manufacturers or software publishers provide with their respective products. STATEMENTS MADE TO YOU IN THE COURSE OF ANY PRIOR, CURRENT, OR FUTURE SALE ARE SUBJECT TO THE YEAR 2000 INFORMATION AND READINESS DISCLOSURE ACT, (___U.S. C.___) (P.L. 105-271). IN THE CASE OF A DISPUTE, THIS ACT MAY REDUCE YOUR LEGAL RIGHTS REGARDING THE USE OF ANY SUCH STATEMENTS, UNLESS OTHERWISE SPECIFIED BY YOUR CONTRACT OR TARIFF. YOBITECH AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF YOBITECH, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY. Yobitech has no control over the technology of the Products sold herein, and therefore cannot and does not indemnify Customer for claims by third parties that Products infringe any patent, copyright, trademark or trade secret. Yobitech will pass through any such indemnity it receives from the Product manufacturer or supplier.
Pricing Information; Availability; Errors and omissions Disclaimer
All pricing is subject to change. We reserve the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, we cannot guarantee that it will be able to fulfill Customer's orders. We make every effort to ensure the accuracy of the information published on our website. However, the documents and graphics published on this site may contain technical inaccuracies or typographical errors. We make no representations about the suitability of the information and graphics presented on this site. All such documents and graphics are provided "as is" without warranty of any kind. If an error is made and a product is listed at an incorrect price, we shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to your credit card upon shipment, we shall immediately issue a credit in the amount of the incorrect price. Note: We also do not guarantee that our prices listed on other website or price engines (Pricewatch, Pricegrabber, etc) are accurate or up-to-date.
Limitation of Liability
NEITHER YOBITECH NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. NEITHER YOBITECH NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY YOBITECH OR ITS AFFILIATES, NEITHER YOBITECH NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM. We will not be responsible for any delays in delivery which result from any circumstances beyond our control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.
Third Party Services
Customer acknowledges and agrees that we and our affiliates are resellers of services and are not the provider of those services. In those cases, the third party service provider is the only party responsible for providing services to Customer. In those cases, Customer will look solely to the third party service provider for any loss, claims or damages arising from or relating to the purchase or provision of such services. Customer hereby releases Yobitech from any and all claims arising from or relating to the purchase or provision of any such services by third party service providers. Services may be subject to tax. All amounts, including taxes, associated with third party services are being collected by us solely in the capacity as an independent sales agent.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon us until accepted by us. Terms of payment are within our sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. We may invoice parts of an order separately. Customer is responsible for, and will indemnify and hold Yobitech harmless from, any applicable sales, use or other taxes or federal, state or local fees or assessments associated with the order. Customer must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of our costs of collection, including court costs, filing fees and attorney's fees.
All returns require prior authorization. Returns must be authorized by us within 30 days of the date of the purchase. Within thirty (30) days of purchase, we will replace or refund, at our sole discretion, any product that is deemed defective. After 30 days, the manufacturer's warranty process must be followed. All non-defective returns authorized by The Company are subject to a 15% restocking fee, and must be returned within 10 days after issuance of a RMA. To learn more, read our Returns Policy and Privileges. Failure to return a product within the applicable return period will be deemed to be an acceptance of the product. Yobitech reserves the right to void any warranty or return privileges on tampered products, damaged products, or abuse of warranty privileges. Fraud, excessive returns, or physically damaged products may be reasons for denial of warranty.
If Customer receives damaged products, please refuse the products upon original delivery attempt. If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. Please save the product and the original box and packaging and notify Yobitech immediately to arrange for a carrier inspection and a pick up of damaged products. Please notify Customer Service at 1-888-881-7218 of damaged products WITHIN THE FIRST 7 DAYS of receipt. Timely receipt of this information is necessary for YOBITECH to file a damage claim.
These Terms constitute the entire agreement between Customer and Yobitech relating to the sale of products and services on the Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting us at the following address. Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the Terms contained herein and in our invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms or any purchase order or invoice related thereto. This section may not apply if there is a written contract between Customer and Yobitech. In the event any section or portion of a section of these Terms are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms, and the remaining terms shall continue in full force and effect.