Terms & conditions
In this document, the following words have the following meanings:
“Customer/Buyer” means any person or company purchasing goods and services from the Supplier/Seller.
“Goods” means the items specified in the pro forma invoice and purchase order.
“Proforma Invoice”-quote or other similar document describing the goods and services to be provided by the Supplier.
“Purchase Order” means an official document sent by Buyer to Seller to document the sale of Products and Services to be delivered at a later date, Seller uses Purchase Orders to offer Buyers credit without risk, as the buyer is legally obligated to pay for products and services when they have been delivered.
“Supplier/Seller” means a company or business that provides goods or services to Customer.
“General Terms and Conditions” means the terms and conditions of delivery set forth in this document and any special terms and conditions agreed to in writing by Supplier.
Import-export-trader company Yokam Trader e.K. is the supplier of the Goods, as specified in the Company’s Product range.
Supplier’s address: Kriftelerstraße 76, 60326 Frankfurt am Main, Germany.
a) Communication channels for all means of confirmation, update, request for amendment, correction, or amendment shall be in writing.
(b) Additional criteria for communication are as follows:
All communications, requested documents, notices, confirmations, certifications, Reports shall be in the English language.
Obligations of the customer/buyer
a) To enable the Supplier to fulfill its obligations, the Customer shall.
b) Provide the Supplier with all information reasonably required by the Supplier.
c) Obtain all necessary permits, licenses and consents required prior to commencement of the Services, the cost of which shall be borne solely by the Customer.
d) meet any other requirements set forth in the pro forma invoice or otherwise agreed upon between the parties.
Yokam Trader e.K., Kriftelerstraße 76, 60326 Frankfurt am Main, Germany. UID: ______ HRA 52057 firstname.lastname@example.org www.yokamtrader.com
Obligations of the supplier/seller
a) The supplier guarantees that the goods at the time of delivery meet the description of the supplier.
b) The supplier shall perform the services with reasonable skill and care and to a reasonable standard in accordance with recognized standards and codes of conduct.
Supplier shall assume full responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that all materials supplied are free from Defects.
a) These terms and conditions shall apply to all contracts for the supply of goods and services from the supplier to the customer and shall take precedence over any other document or communication from the customer.
b) Deviations from these terms and conditions shall be ineffective unless agreed in writing by the supplier.
c) Nothing in these General Terms and Conditions shall affect any condition or warranty, express or implied, or any remedy to which the Supplier may be entitled in respect of the Goods and services by virtue of any law, statute or regulation.
d) The legal rights of the customer as a consumer.
Proforma Invoice and Order
a) The pro forma invoice attached to these General Terms and Conditions shall remain valid for a period of 14 days.
b) The Customer/Buyer shall be deemed to have accepted the Proforma Invoice by placing an order with the Supplier (“the Order”) within the specified period.
c) All orders for goods and services shall be deemed to accept the Proforma Invoice in accordance with these Terms and Conditions.
d) Buyer reserves the right at any time to submit a written change order or amendment to the Purchase Order with respect to any of the following:
II. shipping method or packaging
III. delivery address
NS. Delivery time
a) Fires, floods, strikes, accidents, shortages, or other causes beyond the reasonable control of the parties preventing Seller from delivering or Buyer from receiving the goods and services covered by this order will suspend deliveries until the reason is REMOVED.
Packing and delivery
a) Seller shall be responsible for proper packing, loading and lashing to prevent damage during shipment.
b) Delivery to Buyer shall be deemed to be the date at Buyer’s facility (required date) as specified on Purchase Order or an earlier or later date as mutually agreed between both parties.
c) The delivery date specified by Supplier is an estimate only.
d) The delivery date shall not be of the essence of the contract and Supplier shall not be liable for any loss, cost, damage, charge or expense caused directly or indirectly by any Delay in the delivery of the Goods.
e) All risks in the Goods shall pass to the Customer upon delivery.
f) The delivery time depends on the transport, whether by air or sea,
post-production of the goods completed.
Price and payment
a) The price of the goods and services is specified in the proforma invoice and prices are valid for 14 days from the date of issue of the proforma invoice.
b) Packaging and shipping costs are added – negotiable.
c) Payment of the price of goods is made in Euro currency, as stated in the proforma invoice.
d) Payment method can be TT/Bank transfer/SWIFT payment for advance payment and LC at sight for balance payment.
e) Customer and supplier can mutually agree the available payment terms which can be 100% advance payment or 75% advance payment & 25% subsequent delivery of goods or services.
f) Customer/Buyer can avail discount for bulk orders (based on product line) and additional 1% discount on 100% prepayment in mutually agreed payment method between both buyers and seller.
Name: Yokam Trader e.K.
IBAN: DE21 3701 0050 0993 7175 02
Bank code (BLZ): 370 100 50
BIC/SWIFT code: PBNKDEFF
Reference: Please indicate order number
Confirmation of order
a) As soon as an order has been placed, the customer will receive an e-mail confirming the order.
Rejection of orders/cancellation of registration
a) Seller/Supplier can refuse to accept orders if the customer/buyer is not reachable by phone or e-mail at order confirmation to email@example.com necessary data (means of payment, address, contact details etc.) are missing/missing.
b) If the customer violates the terms and conditions or foul play with the system is encountered.
Termination of registration
a) Seller/Supplier reserves the right, in its sole discretion and without liability, to terminate or refuse your registration or order if it is determined or brought to its attention that you are not in compliance with the Terms and Conditions or Seller/Supplier has reason to believe (including by evaluating usage patterns) that the eligibility criteria are not being met/violated by a Customer or are in violation of the terms of this User Agreement.
Under delivery quantity/not available
a) If the ordered item is not available in reasonable quantity or not available at all, we as supplier/seller reserve the right to cancel the order and refund the customer’s money. In such cases the customer will be informed immediately about the delay or cancellation.
b) In case of changes in the item composition or deformations due to the improvement of technology and/or requirements of legislation, as well as changes brand or quality during the delivery period, if the changes have a conclusive reason, then in principle the delivery of a modified similar item is allowed.
Cancellations and refunds only for goods
a) If the goods are defective or do not comply with the contract, the customer must notify the supplier within 7 days of delivery and return the goods to the supplier within 7 days after notification of the supplier. Once the supplier has confirmed that the goods are defective or not in accordance with the contract, the customer is entitled to replacement of the goods or full refund.
b) The Customer may cancel an order by notifying the Supplier in writing (an email is an acceptable form of letter) to the above address within 14 days of placing the order and any deposit paid will be refunded in full.
c) Upon receipt of such notice of cancellation, Seller shall promptly comply with the instructions contained in such notice and, if required,
I. Take such action as may be necessary to complete the work in accordance with the notice, costs and liabilities for the work completed; and
II. continue the performance of any portion of the Work that has not been terminated by Buyer.
d) If the customer does not place the order within the specified period of 14 days from When the order is issued, any deposit paid may not be refundable.
e) If the goods have been shipped to the customer, cancellation is not possible contract.
f) The customer has the right to return the ordered items if he does not like them or if the delivered item is defective or broken or damaged due to handling or other reasons. The seller will refund the cost of the returned items upon receipt of the items returned to the customer. In case of damage or breakage or for other reasons the customer would like to return the product the customer has to inform Yokam Trader e.K. immediately.
a) The data necessary for processing an order are stored electronically. The customer hereby declares his consent.
a) By acceptance of this Purchase Order, Seller warrants that the goods and services furnished will be free from defects in material and workmanship, will be merchantable and in full conformity with Buyer’s specifications, drawings and data, and Seller’s descriptions, promises or samples, and that such goods will be fit for Buyer’s intended use.
b) Seller warrants that goods or services covered by this Purchase Order do not infringe any patent, design, mask work, copyright or trademark of any third party, either directly or contributorily, Seller warrants that the goods covered by this Purchase Order comply with all laws, regulations, rules and orders relating to the importation of goods, exportation of goods from the country of origin, transit of goods through intermediate countries and the sale and use or goods manufactured abroad, Seller further warrants that it has obtained all permits, licenses and certifications required for the goods to be exported from the country of origin, imported into Germany.
Limitation of liability
a) Nothing in these Terms and Conditions shall exclude Seller’s liability for death or personal injury, however, Seller shall not be liable for any direct loss or damage suffered by Customer due to negligence, breach of contract or otherwise exceeding the price for the Goods and Services.
b) In no event shall Supplier be liable to Customer or any third party for any indirect or consequential loss of profit, consequential damages or other economic loss suffered by Customer for any reason whatsoever due to negligence, breach of contract, misrepresentation or otherwise.
a) Any disputes arising out of or in connection with this Order that cannot be resolved by mutual agreement of the parties may be resolved by a court of competent jurisdiction, and the parties agree and consent to jurisdiction.
b) The place of jurisdiction shall be Frankfurt or another statutory place of jurisdiction at the discretion of “Yokam Trader e.K.”, provided that the customer is a merchant within the meaning of the German Commercial Code or a legal entity under public law. “Yokam Trader e.K. Frankfurt am Main”