Terms of Use
These Terms of Sale are part of a quotation, bid response, order acknowledgement, or other sales document issued by YAAZ furniture.
1. ORDERING INFORMATION
YAAZ furniture sells its products on the terms set forth in these standard Terms of Sale.
Order Changes/Cancellation
For Special Products, Customer's Own Material (C.O.M.), finish matches, special colors, special products, Master lock and key orders and RUSH orders, changes can be made after order acceptance only with YAAZ furniture's approval. Please contact customer service in order to manage this process correctly.
Order cancellations are the complete cancellation of orders. Order changes are deletions of line items or changes in size, color, quantity, shipping address or scope of work.
A Customer requesting a fabric, surface or finishing material (C.O.M.) not included in YAAZ furniture's standard finish offering must first confirm approval for the C.O.M. or request new approval. Contact YAAZ furniture's Order Services department for an explanation of the procedure for submitting C.O.M. samples. If YAAZ furniture agrees to use C.O.M., the following conditions apply; (1) YAAZ furniture shall have no liability for the condition, quality, value, performance, physical characteristics or any other aspect of the C.O.M.; and (2) YAAZ furniture shall have no liability for any damage, injury or loss to Customer or any third party caused by any C.O.M., and Customer shall release YAAZ furniture from all such liability. The Customer shall pay the standard price for products subject to C.O.M. and YAAZ furniture shall utilize C.O.M. at no additional charge beyond the standard price. C.O.M. may not be available on all products.
Extra costs incurred by YAAZ in the delivery of C.O.M. to the factory will be invoiced separately.
Valid / Complete Purchase Order:
All orders must be confirmed in writing to be binding on YAAZ furniture. The following information is required to process an order with YAAZ furniture.
CUSTOMER INFORMATION
Sold To: Legal name, complete address (if YAAZ furniture is to bill the end user) and phone and fax number.
Ship To: Legal name and address.
Purchase Order Number: From the party YAAZ furniture will be billing.
Authorized Signature: All Purchase Orders must be signed by a duly authorized representative if a signature line is present. Electronically transmitted Purchase Orders will be accepted without signature if the client has an electronic purchase payment agreement on file.
Contact Name and Phone Number: The person YAAZ furniture should contact with any questions regarding the order.
Shipping Contact: The name and phone number of the person to be contacted regarding shipping and delivery matters.
Tagging Instructions: This information will appear on all documentation received from YAAZ furniture including: cartons, acknowledgments, and invoices.
Product Total: Net Euros.
PRODUCT INFORMATION
Quantity
Product Numbers
Colors
Specials: Specify special part number for new special products.
Customer’s Own Material: Order entry code, manufacturer, pattern, and color.
Approval Drawings: An authorized signature by a duly authorized representative is required for shop drawings when applicable.
2. PRICING POLICIES
Terms of Payment: A fifty percent (50%) deposit is due prior to order processing and the balance is due prior to shipment unless otherwise agreed to in writing by YAAZ furniture. Any other terms of payment and credit limits agreed to by YAAZ furniture will be established based on financial information. The account balance must be always at or below the credit limit and current (no past-due balances). YAAZ furniture reserves the right to delay or cancel any delivery to a Customer whose YAAZ furniture account balance is over the credit limit and/or past due. YAAZ furniture reserves the right to require payment in full before order processing.
Applicable Prices
The price of any product sold by YAAZ furniture to the Customer shall be based on YAAZ Public Price List Prices and discounts are subject to change without prior notice or approval.
The applicable prices and exchange rates are those in force on the date of receipt of the ORDER.
Taxes: YAAZ furniture prices do not include customs duty, sales, use, value added or similar taxes. Any federal, state/provincial or other taxes or assessments based upon the sale or delivery of products or services sold applicable to Customer at present or later imposed by federal, state/provincial or municipal agencies, shall be added and paid by Customer. Customer is responsible for all such taxes. NOTE: If a valid sales tax exemption certificate is not on file with YAAZ furniture and approved prior to product shipment, sales tax will be due and payable to YAAZ furniture when such tax is invoiced to Customer.
Termination by YAAZ furniture: YAAZ furniture may immediately terminate an order upon written notice in the event of bankruptcy or insolvency proceedings by or against Customer, or Customer is adjudicated as bankrupt, becomes insolvent, makes an assignment for the benefit of creditors, or proposes or makes any arrangements for the liquidation of its debts, or a receiver or receiver and manager is appointed with respect to all or any part of the assets of Customer.
3. SHIPPING
All deliveries will be EXW (Ex Works) (ICC Incoterms2010) YAAZ furniture’s facility or distribution centers. Freight charges will be prepaid by Customer on all orders. Customer bears all risk of loss or damage to the products.
All orders are delivered from YAAZ warehouses and Freight charges will be prepaid by the Customer. Any additional costs resulting from Customer's request for expedited shipping, special services, packaging, handling, routing and/or method of transportation shall be paid by Customer.
Product shortages and damage must be noted on delivery receipts at the time of delivery and reported to the carrier for correction. Claims against YAAZ furniture for shortages, errors, or damage must be made within three (3) days of the date of delivery or Customer waives the right to make such a claim. A signed Bill of Ladings or Delivery Receipt must be sent in with all claims.
Damages that may occur during transport will be detected during delivery and a report will be kept between the carrier and the customer and the defective party will be notified and the PRODUCT damage will be claimed from the defective party.
YAAZ furniture may transfer products to storage at Customer’s risk and expense if Customer is unable or unwilling to take delivery of product as originally scheduled. Upon such transfer to storage, Customer assumes risk of loss. YAAZ furniture will invoice Customer for storage fees and Customer will make payments in accordance with YAAZ furniture’s standard payment terms.
The ownership of products: The products may be experienced in the specified port of destination and in international waters before the port (terrorism - commercial problems between countries - problems caused by the agency and the ship) are the responsibility of the shipper and the customer.
Customer is responsible for customs clearance formalities and on-carriage from the receiving port in the destination country to the final destination.
4. GENERAL TERMS
Governing Law
For Products purchased for delivery pursuant to this Agreement, this Agreement shall be governed by and construed in accordance with the laws of the Republic of Türkiye. The parties submit to the exclusive jurisdiction of the courts of Türkiye/Adana for the purpose of resolving any dispute arising under this Agreement or relating to any Product sold pursuant to this Agreement and agree to the exclusion of any other provision or law that may have the effect of applying the laws of any jurisdiction other than the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
Force Majeure.
In the event that the performance of Customer or YAAZ furniture or its participating supplier would be prevented, restricted, interfered with or rendered commercially impracticable by reason of Force Majeure, then upon the giving of notice to the other parties, the party affected by the Force Majeure shall be excused from performing hereunder until the Force Majeure no longer prevents, restricts, interferes with, or renders such performance commercially impracticable. ‘‘Force Majeure’’ shall mean: fire, explosion, breakdown of plant, epidemic, hailstorm, snow/ice storms en route, hurricane, tornado, cyclone, flood or power failure; war, revolution, civil or military disturbances, acts of public enemies, acts of terrorism, blockade or embargo; any law, order, proclamation, regulation, ordinance, demand or requirement of any applicable governmental authority or any subdivision, authority, or representative of any such government; labor difficulties, including without limitation, strikes, slowdowns, picketing or boycotts; or difficulties beyond YAAZ furniture’s reasonable control in obtaining necessary raw materials, labor, fuels and electric power, components or facilities, and any other circumstances beyond the control of the party affected.
Customer Delay’s.
Where YAAZ furniture has not received adequate site dimensions, product specifications, shipping information, installation particulars or other information required by YAAZ furniture to permit the efficient manufacture or procurement of any products, or where site conditions are not in accordance with the Installation requirements set forth, or are not otherwise suitable to permit effective and efficient installation, the manufacture and/or delivery of products may be delayed, and such event shall constitute a delay by customer. When manufacture, delivery or installation is delayed by Customer or at Customer’s request: (i) Customer shall pay to YAAZ furniture all reasonable storage, handling, and other reasonable incidental expenses incurred by YAAZ furniture in connection with such delay; and (ii) Customer shall bear all risk of loss or damage to the Products being held by YAAZ furniture for Customer.
Services
Customer acknowledges that the Products to be manufactured or procured by YAAZ furniture in connection with the order are, or may be, custom manufactured for Customer and that YAAZ furniture may be required to perform extensive work in relation to the design and specification of such Products. Specifications and instructions are in accordance with directions of Customer and full responsibility for their correctness is assumed by Customer. Where installation services are to be provided by YAAZ furniture, or its subcontractor, YAAZ furniture will inform Customer of the cost. Unless otherwise specified in writing, YAAZ furniture’s installation services are limited to products sold by YAAZ furniture. Customer is responsible for ensuring that the installation site is safe and ready for installation on the agreed upon date.
Use and Installation of Products.
YAAZ furniture recommends that its products be installed by certified, qualified and approved installers according to YAAZ furniture’s written installation procedures. Customer agrees to use YAAZ furniture products properly; not to remove or alter safety devices, warnings, or operation instructions placed on products by YAAZ furniture, and to instruct employees as to the proper care and use of the products according to printed instructions. Where Customer requests work to be performed or materials to be provided which are not contemplated in the Scope of Work, or Customer otherwise requests Products or services not contemplated in the order (collectively ‘‘Extras’’), prior to providing such Extras YAAZ furniture reserves the right to require Customer to provide and sign a written Purchase Order or Change Order acceptable to YAAZ furniture describing the Extras and the amounts to be charged therefore, and Customer agrees to pay such charges.
The installation and maintenance of the products must be carried out by YAAZ in accordance with the conditions in the user manual delivered with the product.
The installation and maintenance service requested by the customer will be charged by YAAZ furniture and invoiced upon customer approval.
The designs of all products produced by YAAZ furniture are registered and the rights on all photographs, written and visual documents belong to YAAZ furniture. Making unauthorized changes to products and images or copying products and images without permission means that the legal process is initiated by YAAZ furniture and all material, moral and court costs are accepted by the customer.
Warranty/Indemnification.
YAAZ furniture’s standard Warranty will apply as appropriate and is found at https://www.yaaz.com/about/warranty/.
Entire Agreement: The order and this Agreement (including applicable Schedules) constitute the sole agreement between the parties and supersede any prior understanding or written or oral agreements between the parties (excluding National Sales Agreements). No terms, provisions, or conditions (other than purely commercial terms such as quantity, delivery date, location, etc.) of any purchase order or other document submitted by Customer will have any effect on the obligations of the parties relating to the products. No waiver of any of the provisions of these Standard Terms and Conditions shall be binding with YAAZ furniture unless expressly agreed in writing.
1. ORDERING INFORMATION
YAAZ furniture sells its products on the terms set forth in these standard Terms of Sale.
Orders must be submitted in writing or electronically per yaaz furniture requirements as represented by a valid purchase order, which includes product total.
An order is non-binding until YAAZ furniture issues an order acknowledgment to the customer (the ‘‘Customer’’), which will include price information and an anticipated delivery date.
Order Changes/Cancellation
For Special Products, Customer's Own Material (C.O.M.), finish matches, special colors, special products, Master lock and key orders and RUSH orders, changes can be made after order acceptance only with YAAZ furniture's approval. Please contact customer service in order to manage this process correctly.
Order cancellations are the complete cancellation of orders. Order changes are deletions of line items or changes in size, color, quantity, shipping address or scope of work.
All changes, regardless of monetary value, must be made in writing. Changes are non-binding unless yaaz furniture gives consent to the change.
Customer's Own Material ("C.O.M."):A Customer requesting a fabric, surface or finishing material (C.O.M.) not included in YAAZ furniture's standard finish offering must first confirm approval for the C.O.M. or request new approval. Contact YAAZ furniture's Order Services department for an explanation of the procedure for submitting C.O.M. samples. If YAAZ furniture agrees to use C.O.M., the following conditions apply; (1) YAAZ furniture shall have no liability for the condition, quality, value, performance, physical characteristics or any other aspect of the C.O.M.; and (2) YAAZ furniture shall have no liability for any damage, injury or loss to Customer or any third party caused by any C.O.M., and Customer shall release YAAZ furniture from all such liability. The Customer shall pay the standard price for products subject to C.O.M. and YAAZ furniture shall utilize C.O.M. at no additional charge beyond the standard price. C.O.M. may not be available on all products.
Extra costs incurred by YAAZ in the delivery of C.O.M. to the factory will be invoiced separately.
Valid / Complete Purchase Order:
All orders must be confirmed in writing to be binding on YAAZ furniture. The following information is required to process an order with YAAZ furniture.
CUSTOMER INFORMATION
Sold To: Legal name, complete address (if YAAZ furniture is to bill the end user) and phone and fax number.
Ship To: Legal name and address.
Purchase Order Number: From the party YAAZ furniture will be billing.
Authorized Signature: All Purchase Orders must be signed by a duly authorized representative if a signature line is present. Electronically transmitted Purchase Orders will be accepted without signature if the client has an electronic purchase payment agreement on file.
Contact Name and Phone Number: The person YAAZ furniture should contact with any questions regarding the order.
Shipping Contact: The name and phone number of the person to be contacted regarding shipping and delivery matters.
Tagging Instructions: This information will appear on all documentation received from YAAZ furniture including: cartons, acknowledgments, and invoices.
Product Total: Net Euros.
PRODUCT INFORMATION
Quantity
Product Numbers
Colors
Specials: Specify special part number for new special products.
Customer’s Own Material: Order entry code, manufacturer, pattern, and color.
Approval Drawings: An authorized signature by a duly authorized representative is required for shop drawings when applicable.
2. PRICING POLICIES
Terms of Payment: A fifty percent (50%) deposit is due prior to order processing and the balance is due prior to shipment unless otherwise agreed to in writing by YAAZ furniture. Any other terms of payment and credit limits agreed to by YAAZ furniture will be established based on financial information. The account balance must be always at or below the credit limit and current (no past-due balances). YAAZ furniture reserves the right to delay or cancel any delivery to a Customer whose YAAZ furniture account balance is over the credit limit and/or past due. YAAZ furniture reserves the right to require payment in full before order processing.
Applicable Prices
The price of any product sold by YAAZ furniture to the Customer shall be based on YAAZ Public Price List Prices and discounts are subject to change without prior notice or approval.
The applicable prices and exchange rates are those in force on the date of receipt of the ORDER.
Taxes: YAAZ furniture prices do not include customs duty, sales, use, value added or similar taxes. Any federal, state/provincial or other taxes or assessments based upon the sale or delivery of products or services sold applicable to Customer at present or later imposed by federal, state/provincial or municipal agencies, shall be added and paid by Customer. Customer is responsible for all such taxes. NOTE: If a valid sales tax exemption certificate is not on file with YAAZ furniture and approved prior to product shipment, sales tax will be due and payable to YAAZ furniture when such tax is invoiced to Customer.
Termination by YAAZ furniture: YAAZ furniture may immediately terminate an order upon written notice in the event of bankruptcy or insolvency proceedings by or against Customer, or Customer is adjudicated as bankrupt, becomes insolvent, makes an assignment for the benefit of creditors, or proposes or makes any arrangements for the liquidation of its debts, or a receiver or receiver and manager is appointed with respect to all or any part of the assets of Customer.
3. SHIPPING
All deliveries will be EXW (Ex Works) (ICC Incoterms2010) YAAZ furniture’s facility or distribution centers. Freight charges will be prepaid by Customer on all orders. Customer bears all risk of loss or damage to the products.
All orders are delivered from YAAZ warehouses and Freight charges will be prepaid by the Customer. Any additional costs resulting from Customer's request for expedited shipping, special services, packaging, handling, routing and/or method of transportation shall be paid by Customer.
Product shortages and damage must be noted on delivery receipts at the time of delivery and reported to the carrier for correction. Claims against YAAZ furniture for shortages, errors, or damage must be made within three (3) days of the date of delivery or Customer waives the right to make such a claim. A signed Bill of Ladings or Delivery Receipt must be sent in with all claims.
Damages that may occur during transport will be detected during delivery and a report will be kept between the carrier and the customer and the defective party will be notified and the PRODUCT damage will be claimed from the defective party.
YAAZ furniture may transfer products to storage at Customer’s risk and expense if Customer is unable or unwilling to take delivery of product as originally scheduled. Upon such transfer to storage, Customer assumes risk of loss. YAAZ furniture will invoice Customer for storage fees and Customer will make payments in accordance with YAAZ furniture’s standard payment terms.
The ownership of products: The products may be experienced in the specified port of destination and in international waters before the port (terrorism - commercial problems between countries - problems caused by the agency and the ship) are the responsibility of the shipper and the customer.
Customer is responsible for customs clearance formalities and on-carriage from the receiving port in the destination country to the final destination.
4. GENERAL TERMS
Governing Law
For Products purchased for delivery pursuant to this Agreement, this Agreement shall be governed by and construed in accordance with the laws of the Republic of Türkiye. The parties submit to the exclusive jurisdiction of the courts of Türkiye/Adana for the purpose of resolving any dispute arising under this Agreement or relating to any Product sold pursuant to this Agreement and agree to the exclusion of any other provision or law that may have the effect of applying the laws of any jurisdiction other than the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
Force Majeure.
In the event that the performance of Customer or YAAZ furniture or its participating supplier would be prevented, restricted, interfered with or rendered commercially impracticable by reason of Force Majeure, then upon the giving of notice to the other parties, the party affected by the Force Majeure shall be excused from performing hereunder until the Force Majeure no longer prevents, restricts, interferes with, or renders such performance commercially impracticable. ‘‘Force Majeure’’ shall mean: fire, explosion, breakdown of plant, epidemic, hailstorm, snow/ice storms en route, hurricane, tornado, cyclone, flood or power failure; war, revolution, civil or military disturbances, acts of public enemies, acts of terrorism, blockade or embargo; any law, order, proclamation, regulation, ordinance, demand or requirement of any applicable governmental authority or any subdivision, authority, or representative of any such government; labor difficulties, including without limitation, strikes, slowdowns, picketing or boycotts; or difficulties beyond YAAZ furniture’s reasonable control in obtaining necessary raw materials, labor, fuels and electric power, components or facilities, and any other circumstances beyond the control of the party affected.
Customer Delay’s.
Where YAAZ furniture has not received adequate site dimensions, product specifications, shipping information, installation particulars or other information required by YAAZ furniture to permit the efficient manufacture or procurement of any products, or where site conditions are not in accordance with the Installation requirements set forth, or are not otherwise suitable to permit effective and efficient installation, the manufacture and/or delivery of products may be delayed, and such event shall constitute a delay by customer. When manufacture, delivery or installation is delayed by Customer or at Customer’s request: (i) Customer shall pay to YAAZ furniture all reasonable storage, handling, and other reasonable incidental expenses incurred by YAAZ furniture in connection with such delay; and (ii) Customer shall bear all risk of loss or damage to the Products being held by YAAZ furniture for Customer.
Services
Customer acknowledges that the Products to be manufactured or procured by YAAZ furniture in connection with the order are, or may be, custom manufactured for Customer and that YAAZ furniture may be required to perform extensive work in relation to the design and specification of such Products. Specifications and instructions are in accordance with directions of Customer and full responsibility for their correctness is assumed by Customer. Where installation services are to be provided by YAAZ furniture, or its subcontractor, YAAZ furniture will inform Customer of the cost. Unless otherwise specified in writing, YAAZ furniture’s installation services are limited to products sold by YAAZ furniture. Customer is responsible for ensuring that the installation site is safe and ready for installation on the agreed upon date.
Use and Installation of Products.
YAAZ furniture recommends that its products be installed by certified, qualified and approved installers according to YAAZ furniture’s written installation procedures. Customer agrees to use YAAZ furniture products properly; not to remove or alter safety devices, warnings, or operation instructions placed on products by YAAZ furniture, and to instruct employees as to the proper care and use of the products according to printed instructions. Where Customer requests work to be performed or materials to be provided which are not contemplated in the Scope of Work, or Customer otherwise requests Products or services not contemplated in the order (collectively ‘‘Extras’’), prior to providing such Extras YAAZ furniture reserves the right to require Customer to provide and sign a written Purchase Order or Change Order acceptable to YAAZ furniture describing the Extras and the amounts to be charged therefore, and Customer agrees to pay such charges.
The installation and maintenance of the products must be carried out by YAAZ in accordance with the conditions in the user manual delivered with the product.
The installation and maintenance service requested by the customer will be charged by YAAZ furniture and invoiced upon customer approval.
The designs of all products produced by YAAZ furniture are registered and the rights on all photographs, written and visual documents belong to YAAZ furniture. Making unauthorized changes to products and images or copying products and images without permission means that the legal process is initiated by YAAZ furniture and all material, moral and court costs are accepted by the customer.
Warranty/Indemnification.
YAAZ furniture’s standard Warranty will apply as appropriate and is found at https://www.yaaz.com/about/warranty/.
The warranties here in are in lieu of all other warranties, express or implied, statutory or otherwise, including but not limited to, any warranty of merchantability, non-infringement, or fitness for a particular purpose.
YAAZ furniture and Customer shall each indemnify each other for any claims or losses directly and proximately caused by each of its own negligent acts or omissions arising out of a transaction. Notwithstanding any other provision herein, neither party shall be liable for any exemplary, punitive, liquidated, indirect, multiple, incidental, special or consequential damages or lost profits, goodwill or business.Entire Agreement: The order and this Agreement (including applicable Schedules) constitute the sole agreement between the parties and supersede any prior understanding or written or oral agreements between the parties (excluding National Sales Agreements). No terms, provisions, or conditions (other than purely commercial terms such as quantity, delivery date, location, etc.) of any purchase order or other document submitted by Customer will have any effect on the obligations of the parties relating to the products. No waiver of any of the provisions of these Standard Terms and Conditions shall be binding with YAAZ furniture unless expressly agreed in writing.