- You, the Customer a person or company buying Products from us.
- Consumer, a private person buying Products for private use. If you are a Consumer, please find your specific rights and exceptions in Section 15.
- ECCB (us, our) the Product vendor as identified on your invoice and, where relevant, Service Provider.
- ECCB/Yamamoto branded Product computer hardware products that are marked with the "Yamamoto" brand, including all components inside and software.
- Order Confirmation formal acknowledgement of Product ordered by you, sent by ECCB.
- Price stated in Order Confirmation.
- Product as described in Order Confirmation, may include ECCB/Yamamoto-branded products, 3rd Party Products and Service Offerings.
- Service Provider ECCB or its authorized Service Experts.
- 3rd Party Products all goods that are not ECCB/Yamamoto-branded Products.
- Software drivers or applications.
- Service means general service and support carried out by ECCB or Partner.
2. Application
This Agreement applies to this sale, Service and all statements made by ECCB in brochures, price lists, adverts, quotations, on the internet or verbally. Any variations to this Agreement must be confirmed by ECCB in writing. Any other Terms and Conditions are excluded. Placing your order means acceptance of this Agreement. This Agreement does not apply to Product purchases from a reseller or distributor nor is it a reseller or distribution agreement.
3. Quotations/Orders/Contract
Quotations are only valid in writing and during the period that they state. If unstated, the period is 10 days . Orders may be received by writing, internet, telephone or fax but are only binding when accepted by ECCB in a written Order Confirmation. Please check the Order Confirmation and notify ECCB of any mistake in writing immediately or the details stated in the Order Confirmation will apply to this Agreement. ECCB reserves the right to change Products at any time but ECCB guarantees you at least equivalent functionality and performance.
4. Price & Payment Terms
Products prices, tax, shipment, insurance and installation are as shown on your invoice. Changes to exchange rates, duties, insurances, freights and purchase costs may cause ECCB to adjust prices accordingly. Payment will be made before supply or, if agreed, within 30 days of the invoice date without further notice from ECCB. Payment timing is of essence. ECCB may suspend deliveries until full payment for that order is duly and fully received. If payment is late, and you purchase as a company, the maximum statutory interest rate will apply on the late amount and if you purchase as a Consumer, interest will be at 2% above the minimum lending rate on the late amount. In either case, the costs of recovery shall be payable by you.
5. Delivery/Title/Risk
The delivery period in the Order Confirmation is approximate. The place of delivery is stated in the Order Confirmation. Title to Product passes on full payment and until then you must insure and store our goods separately and you may not modify, pledge or sell them. If you refuse delivery without ECCB’s agreement, you must pay ECCB’s expenses or loss resulting from that refusal, including storage costs, until you accept delivery. Risk of the loss of the goods passes to you on delivery.
6. Acceptance
When you receive Product you must inspect it for any defects or non-conformity within 7 days. After this period, you will have accepted Product. If ECCB agrees to the return of Product at its choosing, it must be in its original condition with packaging, a return note and proof of purchase; the return costs may also be payable by you.
7. Warranty
Unless otherwise stated, ECCB guarantees to you that ECCB/Yamamoto-branded Products will be free from defects for 24 months, except for products purchased in the United States of America and Canada where the guarantee is valid for 12 month, from delivery date. Should Product be defective within this period, ECCB will repair or replace Product within a reasonable time. All reasonable care and endeavour shall be used to resolve problems within a realistic period in the circumstances. ECCB repairs using components, which are new or equivalent to new in accordance with industry standards and practice. ECCB warranty is given in place of all implied warranties and that such implied warranties are excluded to the fullest permitted extent. ECCB may revise its limited warranties from time to time but any such change will not affect products ordered by you prior to the date of such change.
ECCB does not give a warranty guarantee protection for:
- damage caused by incorrect installation, use, modifications or repair by any unauthorised 3rd party or yourself; damage caused by any party (except ECCB) or other external force;
- fitness for any particular purpose;
- any instruction given by you and correctly performed by ECCB.
8. Services
Services will be provided by ECCB or Partner. Response times are estimates and may vary according to the remoteness. Service will be provided via telephone or internet. ECCB owns any replaced Product resulting from repair and will charge Customer if these are not returned upon request.
9. Liability
ECCB does not accept liability for 1) indirect or consequential loss, 2) loss of business profits, salary, revenue, savings, 3) damage remedied by ECCB within reasonable time, 4) loss avoidable by you through reasonable conduct, including backing up all data and following ECCB’s reasonable advice generally, 5) all items excluded from the Warranty or by Force Majeure.
10. Export Control
You acknowledge that Product may include technology and Software which is subject to US and EU export control laws and laws of the country where it is delivered or used: you must abide by all these laws. Product may not be sold, leased or transferred to restricted / embargoed end users or countries or for a user involved in weapons of mass destruction or genocide without the prior consent of the US or competent EU government. You understand and acknowledge that US and EU restrictions vary regularly and depending on Product, therefore you must refer to the current US and EU regulations.
11. Force Majeure
ECCB is not liable for delays in performance (incl. delivery or Service) caused by circumstances beyond its reasonable control and that will lead to a time extension for performance; examples include strikes, terrorist acts, war, supplier / transport / production problems, exchange fluctuations, governmental or regulatory action and natural disasters. If this lasts more than 2 months, this Agreement may be terminated by either party without compensation.
12. Confidentiality
Each party must treat all information received from the other marked "confidential" or reasonably obvious to be confidential as it would treat its own confidential information.
13. Termination
ECCB may terminate this Agreement with immediate written notice if you: 1) fail to pay on time, 2) breach or ECCB suspects you have breached export control laws. Either party may terminate if the other: 1) commits a material or persistent breach of this Agreement and fails to remedy this within 30 days of written notice from the other; or 2) becomes insolvent or is unable to pay debts as they fall due.
14. Your obligations as a Customer
You are responsible for:
- your own choice of Product and its suitability for purpose
- your telephone & postal charges in contacting ECCB, if any
- any CFI specifications & instructions given by you
15. Consumer Rights
If you are a Consumer you may cancel your purchase at any time within 7 working days of receipt without cause and receive a refund of the Price paid. To do this you must inform ECCB in writing and return the products immediately, in the same condition you received them and at your own cost and risk. Any statutory Consumer rights are unaffected by this Agreement. This paragraph does not apply to any business customer or user.
16. Return Policies
Unless the conditions under 15. Consumer Rights are met ECCB will accept returns for warranty replacement only. ECCB parts that are purchased directly from ECCB by an end-user Customer may be returned by Customer in accordance with ECCB ’s “Return Policy” in effect on the date of the invoice. No product may be returned without prior authorization and issuance of an approved RMA number by ECCB. The shipping cost will be covered by the Customer to ECCB and the return delivery will be covered by ECCB. All return requests should be forward to rma@simplyphone.lu .
17. Jurisdiction
Luxembourg’s law and the exclusive court jurisdiction of the Luxembourg’s courts will apply to this Agreement. The Vienna Convention on Contracts for the International Sale of Goods is excluded.
18. Miscellaneous
If any part of the Agreement is found to be invalid or unenforceable by a court, the rest is unaffected. ECCB may subcontract, assign or transfer its obligations or rights to a competent third party whether in whole or in part. You may not assign or transfer any of your obligations. All notices must be in writing (by hand, email, fax or 1st class post deemed delivered 48 hours after posting) and sent to a legal officer of either party.
