All orders are accepted by Your Equipment Supplier LLC subject to the Terms and Conditions of Sale set out below:
Your Equipment Supplier LLC, hereafter referred to as YES
All orders for products are accepted subject to these terms and conditions of sale. No other terms will apply to the supply of products and services unless agreed in writing by an authorized signatory of YES or expressly stated otherwise in these terms and conditions of sale.
All descriptions of the products and services contained on the YES website or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between YES and the Customer. YES shall not be liable to the Customer for any errors or omissions in it’s website or other literature. The advertising of products and services on the YES website is not an offer capable of acceptance; it merely constitutes an invitation by YES for the Customer to make an offer to purchase products and services.
These terms and conditions of sale do not apply to export transactions, to which separate terms and conditions of sale apply. Please contact our Sales office on +994 50 250 23 33 for further details on export transactions.
YES is a business-to-business supplier. The YES website is intended for use by business customers and not by consumers or private individuals. Notwithstanding the foregoing, nothing in these terms and conditions of sale shall affect the statutory rights of a Customer who deals as a consumer.
The prices of the products and services are as set out on the YES website at the date of dispatch of the ordered products or the date of provision of the ordered services. Customer is informed that prices and products are subject to change. Products which are not stocked by YES will be sold at the prices set out in the relevant quotation supplied by YES. All prices exclude VAT, which YES will add at the rate applicable at the date of order dispatch. YES reserves the right to change prices without prior notice at any time.
YES reserves the right to decline to trade with any company or person. In addition, YES may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone or facsimile within a reasonable period of receipt by YES of the order.
YES executes orders to the Customer’s requirements, and does not substitute one product for another unless requested by the Customer, or unless the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer’s option) either be put on back order to be fulfilled when YES next has available stock or be cancelled.
The Customer must submit orders using the YES stock numbers and the priced units used online or in any written quotation and must specify which delivery option is required. If the Customer orders the wrong product or number of products, or duplicates orders, the provisions of clause 11 will apply.
YES will aim to deliver products in accordance with the Customer’s order. The Customer’s delivery options, and the prices for them, are set out on the YES website or in the relevant quotation, current at the date of order or will be notified to the Customer at the time of order. Customer is informed that delivery options and prices are subject to change. Delivery prices apply per order, irrespective of the number of products ordered. Delivery will be made to the Customer’s usual business address, unless otherwise stated.
Times and dates for delivery quoted on the YES website or by YES’s employees are approximate only and YES shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence.
If any delivery is late, the Customer must notify YES, and YES will endeavour to ascertain if the product has been delivered or the expected delivery time of the product to the Customer. YES may also, at its discretion, refund the total delivery charge to the Customer. If a revised delivery time is not acceptable YES may also, at its discretion, offer an alternative delivery option. These are the Customer’s exclusive remedies for late delivery.
- Inspection, Delivery Delays and Non-Delivery
The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within 7 days of the date of delivery or, in the case of clause iv, the due date for delivery, give notice to YES in detail of:
- Any defect in the product that is apparent on reasonable examination. In this case YES shall, at YES’s discretion, replace the products or refund the purchase price;
- Any shortfall in products delivered. In this case YES shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products;
- Any delivery of products not in accordance with the order. In this case YES shall, at YES’s discretion, replace the products or refund the purchase price;
- Any non-delivery of the products (in which case the time limit is within 7 days of the estimated dispatch date). In this case YES shall deliver the undelivered products or refund the price of the undelivered products.
If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. YES’s record of the products dispatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.
The remedies set out above are the Customer’s exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. YES shall not be liable for any losses, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgments or otherwise arising from these circumstances.
If YES has not granted credit to the Customer, payment with order is required.
Credit terms (subject to satisfactory references and at YES’s absolute discretion) are available. If credit has been granted, the Customer shall pay the price of the product or service by the last day of the month following the month in which the products are dispatched, unless otherwise agreed in writing with YES. All payments must be made without any set-off, deduction or counterclaim.
If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy:
- all sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date, and
- YES may apply a compensation charge as an estimate of administrative and other wasted costs incurred by YES to the Customer of 90.00 AZN for outstanding sums up to 2,200.00 AZN: 155.00 AZN for outstanding sums between 2,200 AZN and 21,200.00 AZN and 220.00 AZN for outstanding sums of 21,200.00 AZN or more; and
- YES may also charge the Customer interest from the due date until payment is made in full (both before and after any judgement) on the amount unpaid at a rate which is 8 per cent per annum above the Bank of England base rate, compounded monthly.
- Risk and Ownership
Risk of loss of or damage to the products shall pass to the Customer on delivery.
Ownership of all products supplied shall not pass to the Customer until full payment of the purchase price of the goods and of all other amounts owing to YES has been made (via card payment or cleared funds). If the Customer is late in paying any sum to YES, then YES shall be entitled to the immediate return of all products where the ownership has not passed to the Customer. The Customer authorizes YES and its agents to recover the products, and to enter any premises of the Customer for that purpose. Demand for or recovery of the products by YES shall not of itself discharge either the Customer’s liability to pay the whole of the price and take delivery of the products or YES’s right to sue for the whole of the price.
- Product and Availability Information
YES reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programmed of product improvement, or to assist product availability.
Unless otherwise confirmed, nothing in any YES literature is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.
For products purchased from YES: YES warrants that if any product is defective, it will replace or repair the product or refund the purchase price. This warranty is subject to a claim being made in writing to YES within the product’s original warranty period.
These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of YES. The Customer must return or dispose of the products, or make them available for collection by YES, in accordance with YES’s instructions and suitably packaged. All orders are accepted by YES subject to the Terms and Conditions of Sale set out below:
The Customer must download a returns form then contact YES to notify YES of the return of any products prior to returning any products and obtain a returns number, which is to be quoted on all paperwork. Returned products must be accompanied by an advice note stating the original invoice number in respect of the products and the nature of any claimed defect. Where the Customer returns products otherwise than in accordance with these provisions, YES may refuse such products and return them to the Customer at the cost of the Customer.
Any products which are replaced by YES shall become the property of YES. Title to replacement products shall pass to the Customer on delivery, and the period of the replacement product’s warranty shall be the unexpired period of the defective product’s warranty.
The remedies set out above shall be YES’s sole liability and the Customer’s sole remedy for any breach of warranty and in respect of the supply or non-supply of products and/or services.
The Customer shall have no remedy in respect of any untrue statement made to it upon which it relied in ordering products and/or services (unless such untrue statement was made knowing that it was untrue) other than any remedy it may have set out expressly in these terms and conditions of sale. Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) concerning the supply or non-supply of products and/or services are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill). YES will not be liable to the Customer for any loss, damage or liability of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on YES by operation of law. The Customer acknowledges that it is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.
YES shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information whether or not due to its negligence or that of its employees or sub-contractors.
YES shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (i) any express or implied terms of the contract between YES and the Customer, or of any order accepted by YES; (ii) any duty of any kind imposed on YES by law arising out of or in relation to the contract between YES and the Customer or order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale.
- Cancellations and Returns
The Customer may not cancel orders once accepted by YES. YES may, at its discretion and in writing, allow an order to be cancelled subject to YES recovering from the Customer the costs incurred by YES. In the event of cancellation of part of any order only, YES may invoice the Customer any difference in selling price per unit applicable to the quantity actually dispatched up to the time of cancellation compared to the quantity ordered.
The Customer may only return products to YES, and receives a credit or refund and on the following conditions:
- The Customer must contact YES prior to the return of any products and obtain the prior consent of YES and obtain a returns number (to be quoted on all returned paperwork);
- Return must be made within 14 days of the date of delivery (as stated on the delivery documentation). Products must be returned to YES in their original condition and packaging and in a condition which will enable them to be immediately fit for re-sale. Products must be returned to YES adequately packed and dispatched freight prepaid, clearly labelled to: CUSTOMER RETURNS DEPARTMENT, YES (AZ) LLC, Heydar Aliyev ave 102, Chinar Plaza, Baku Azerbaijan AZ 1118
- The Customer must follow any specific instructions which appear on the YES website or with any product regarding its return to YES;
- The Customer must quote the invoice details or the YES reference number on the YES Customer Returns Form from the original dispatch note, otherwise any credit given for the returned products will be based upon the lowest sales price; and
- For products returned due to Customer error or no longer required and returned in accordance with (i) – (iii) above, a handling charge will be applied. This handling charge is set out in the additional information at the end of this document.
Where the Customer returns products to YES not in accordance with (i) – (iii) above (for example, after 14 days from the date of despatch or in an unfit state) YES will refuse delivery and return the products at the Customer’s expense or may apply a handling charge which relates to the actual cost of reprocessing (subject to the minimum charge set out in the additional information at the end of this document).
This returns policy excludes software, calibrated products and specially manufactured products. YES accepts no responsibility for any loss of or damage to products in transit from Customer to YES or for any items received by YES with them.
YES offers services in respect of products. These services include: REPAIR, CALIBRATION, SOFTWARE, and any other services that the parties agree. YES may quote a turnaround time target for these services, but YES shall be under no liability if it fails to comply with such target. Except in respect of the REPAIR service, the product must be free from physical and electrical damage and from modifications (other than modifications detailed in the literature supplied with the product). The special conditions which apply to repairs, calibration, software update are:
REPAIRS: The REPAIR service is subject to the availability of parts and is only available if the product has not suffered excessive physical or electrical damage and is free from modifications (other than modifications detailed in the literature supplied with the product). Any instructions set out in the repair information/questionnaire supplied with the product in question must be complied with. YES may at its absolute discretion either repair the product or replace it with a substitute product. Any Customer-generated software returned with a product will be erased or otherwise destroyed on receipt and YES shall not be under any liability whatsoever in respect of any data contained in such software.
CALIBRATION: YES will check the product for compliance with the published specification at appropriate points, using working standards which are periodically verified and which are traceable to National Standards.
SOFTWARE UPDATE: YES will install the latest version of software. YES will functionally check the unit to ensure software acceptance.
- Force Majeure
A force majeure event is any event beyond the reasonable control of YES (including strikes, traffic congestion, the downtime of any external line, or YES’s inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If YES is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then YES shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than fourteen days, YES may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.
Additional Information on Services
The following options are available to the Customer. YES’s current terms and conditions of sale shall also apply. These options and their terms and prices are subject to change. Whilst YES will try to maintain the prices quoted below, YES reserves the right to change them without prior notice at any time.
- Methods of Payment
Payment may be made via bank transfer, cheque, credit card or debit card as accepted by YES. Cash payments are not accepted in any circumstance.
The handling charge for returns which are made in accordance with the returns policy set out in YES’s current terms and conditions of sale is 20% of the invoice value. The handling charge for returns which are not made in accordance with YES’s returns policy will be the actual cost of reprocessing (subject to a minimum 20% of the invoice value).
- Third Party Approvals
YES (AZ) LLC is registered to operate to the following standards
- ISO9001:2015 Certificate No. AZ1154/1
- OHSAS9001:2015 Certificate No. AZ1154/1