When you purchase any of the products (the "Products") listed in the "YOKOWO Connector Catalogue" issued by YOKOWO (the "Catalogue"), the following terms and conditions (the "Terms and Conditions") shall apply to such transaction ("Transaction," which defined term shall also include the transaction between you and a distributing agent designated by YOKOWO):
1. General Conditions
- Regarding the Transaction, the Terms and Conditions shall prevail over any terms and conditions described in previous catalogues issued by YOKOWO and any terms or conditions unilaterally notified by you to YOKOWO.
- The Transaction shall be conducted in either Japanese or English.
2. Price and Purchase Order
- YOKOWO will set and communicate to you the prices of the Products and the delivery charge for such Products after taking into consideration any conditions required by you.
- YOKOWO shall be entitled to assume that you have agreed to the price, the delivery charge and the specifications of the relevant Product when you submit the purchase order for such Product to YOKOWO.
- The Products shall be ordered by lot of reel as described in the Catalogue
3. Delivery Date
YOKOWO will ship the ordered Products from Hong Kong within 10 business days ("business day" means the working day of YOKOWO) of the receipt of the purchase order for such Products if they are in stock and within 25 business days of the receipt of the purchase order for such Products if they are out of stock. Please inquire separately to confirm the business days of YOKOWO.
4. Refusal of Purchase Order
YOKOWO shall be entitled to refuse any purchase order by informing you of such refusal by phone or e-mail. In this case, if you have paid any cost to YOKOWO, YOKOWO shall refund it without delay to the bank account designated by you after deduction of remittance charge.
5. Return and Cancellation
No Products, other than defective Products, may be returned and no purchase orders for Products may be cancelled.
6. Inspection, Delay of Delivery and Impossibility of Delivery for Initial Failure
- In the event that any shipped Products are visibly broken when delivered to you, you should refuse such broken Products before receiving them and inform the carrier that they should be returned to YOKOWO.
- In the event that any of the Products are defective, you must notify YOKOWO in writing of the details of any such defects within 8 days of delivery of the relevant Product. If you fail to notify YOKOWO of the details of any such defect, YOKOWO shall assume that the Products conformed to the purchase order and that you received them without reservation.
- In the case of any Product for which you provided notice of defect in accordance with the foregoing clause and for which you have demonstrated the existence of the defects to the satisfaction of YOKOWO, YOKOWO shall dispatch a non-defective replacement Product of the same type as your sole remedy in return for the defective Product.
- In the event that YOKOWO accepts the existence of defects in a Product, YOKOWO shall bear the shipping charge for the replacement Product and YOKOWO shall be entitled to designate the carrier to be used for delivery of such replacement Product.
- In the event of any deficiency of quantity in the delivered Products, you must notify YOKOWO in writing with the shipping note within 8 days of delivery of such Products.
- YOKOWO shall not be responsible for any damages caused by circumstances beyond its reasonable control or for any delay of delivery of all or a part of the Products for any reason.
7. Bearing of Risk and Possession
- The risk of loss or damage of the Products shall be borne by you upon delivery of the ordered Products.
- Possession of the Products shall not be transferred to you until YOKOWO has received payment in full for such Products.
- In the event that you fail to pay the cost for ordered Products as and when due, YOKOWO shall have the right to require that such Products be immediately returned.
8. Products and Information about Future Availability
- You shall be responsible for compliance with any directions for use of the Products and only use the Products for their intended purposes consistent with their specifications in effect from time-to-time.
- YOKOWO shall be entitled to discontinue a Transaction or change the specifications of some Products in connection with product improvement measures without any prior notice to you. As a result, there is a possibility that Products listed in the Catalogue may not be usable in the future in accordance with such specifications.
- YOKOWO shall be liable for reasonable damages incurred by you as a result of YO KOWO’s fault; provided, however, that the amount of damages for which YOKOWO shall be liable shall be limited to the amount of the actual cost of the purchased Products with respect to which such damages were incurred.
- In the event that you incur damages as a result of any concealed or latent defect of the Products, YOKOWO shall replace such defective Product with a new, nondefective Product in accordance with the relevant provisions of these Terms and Conditions and shall not be responsible to indemnify you for any damages incurred in connection with such defective Product.
- You shall remit the total amount of the cost of any Products ordered and the delivery charge with respect thereto to the designated bank account of YOKOWO within 30 days of the issue date of the invoice to you. You shall bear any remittance charge for payment.
- In the event that you fail to pay the full amount of the cost of any ordered Products as and when due, YOKOWO shall be entitled to demand a late payment charge in the form of interest at a rate of 14% per annum on all deficient amounts accruing from the day after the due date for such amounts through and including the date of payment in full of such amounts.
11. Restriction of Export
- You shall comply with the Foreign Exchange and Foreign Trade Control Act, Export Trade Control Order, Foreign Exchange Order and the related laws and regulations of Japan and other countries.
- You shall be responsible for any and all procedures, including obtaining permission from the relevant governmental authority to export the Products if you are exporting or re-exporting instruments containing the Products.
12. Intellectual Property
YOKOWO owns and shall maintain all intellectual property rights relating to the Products, such as patent rights, trademark rights, design rights and copyrights. You shall not copy all or any part of the Catalogue without the prior written consent of YOKOWO (which may be withheld in its absolute discretion). Any unauthorized copying of the Catalogue shall be a breach of YOKOWO’s copyright of the Catalogue.
13. Force Majeure
- In the event that YOKOWO cannot comply with the Terms and Conditions because of impossibility of securing services, materials or goods necessary for executing the Transaction which is caused by an event beyond its reasonable control such as an act of God, fire, flood, accident, labor disputes of any nature, raw-material shortage, lack of public services, governmental acts or war, YOKOWO shall be entitled to extend the term or cancel the Transaction at its discretion. YOKOWO shall not be liable for any such delay or failure to perform its obligations.
14. Governing Law
The Transaction shall be governed by and construed in accordance with the laws of Japan. In the event that any dispute arising in relation to the Transaction cannot be settled through discussions, the Tokyo District Court in Japan shall have exclusive jurisdiction for such dispute
15. Other Conditions of Use
It is assumed that you understand the following when you use the Products. YOKOWO shall not be responsible for any damage caused by your misuse (whether intentional or unintentional).
- If you use the Products in any manner inconsistent with the specification sheet for such Product (such as rated current, electric strength or environment), there is a danger of accident or injury due to damage to the circuit by intense heat, smoke emission or ignition. You shall refrain from using the Products in a manner inconsistent with the specifications therefor and shall take all safety precautions when using the Products.
- Products shall not be available for switching elements. Products shall only be used in a non-switching position.
- Moving pin with the electric current on will cause damage to the Product. Please be certain to carry current in the static state.
- Prior to handling the connector for inspection or repair, you must turn off the power to the instrument and affirm in advance that the connector is not carrying any electrical current. Failure to do so may result in a fracture of the circuit or electrical shock.
- Adhesion of any foreign bits to the edge of the pin will cause defects. Please use the connector in a sanitary condition.
- If you intend to incorporate the Products into any instrument which may have effects on human life or cause significant losses, you are cautioned to make your own judgment regarding such use after sufficient examination.
- The Products are intended to be used for general electronics devices such as computers, personal devices, office machinery, measuring instruments or other home electronic appliances. If you intend to incorporate the Products into any particular devices such as nuclear controlling instruments, aerospace electronics, transportation equipment, traffic control devices, combustion control devices, medical instruments or failsafe devices which require exceptionally high degree of quality and reliability and breakdown or malfunction of which may jeopardize human life or human health, please be advised that you should use the Products with sufficient consideration of safety of the entire system and instruments after conducting a thorough safety test and conducting periodic inspections in addition to ensuring safety by setting up a protection circuit or a redundancy circuit.
- Please affirm performance and reliability of all electronic instruments enough when you use them in the following particular circumstances:
- (1) in the liquid such as water, oil, chemical or organic solvent;
- (2) in direct sunlight, outdoors, in dust or in an environment where corrosive gases, such as salty wind, Cl2, H2S, NH3, SO2 or NO2, are prevalent;
- (3) with strong static electricity or electromagnetic wave;
- (4) where condensation exists; or
- (5) in use of water or water soluble lavation when soldering without cleaning or after soldering.
- Please refrain from storing the Products in direct sunlight or where corrosive gases, such as salty wind, Cl2, H2S, NH3, SO2 or NO2 is prevalent, because such storage will cause performance degradation and malfunction.
- Please do not drop or mishandle the Products because breakage and malfunction may result.