Yale® Terms and Conditions of Sale

Terms & Conditions

Minimum freight requirements apply. The Terms and Conditions contained on the Yale Website, as published from time to time, shall apply to all purchases of Goods. To the extent that any terms in any invoice conflict with the terms of the Price List, the terms of the Price List shall govern.

 

For additional information, see the latest Terms & Conditions at:   

http://www.yaleresidential.com/en/yale/yaleresidential-com/terms-and-conditions

 

Applicable Law; Definitions

All sales of Yale branded goods ("Goods") shall be governed by the laws of the State of Connecticut, including the Uniform Commercial Code as in effect in Connecticut on the date of sale (the "Code"). Whenever a term defined by the Code is used in these Terms and Conditions of Sale, the definition contained in the Code shall apply here. The purchaser of the Goods agrees that any proceeding brought in connection with the purchase of the Goods shall be brought in any court of competent jurisdiction in Connecticut.

 

Purchase Price

The purchase price of the Goods is subject to change without notice, and the prices prevailing at the time the Goods are shipped by Yale shall apply unless Yale has agreed in writing to a different price or has given a prior written quotation which constitutes a firm offer. Yale does not guarantee that the price, terms and conditions for reorders of the Goods will be the same as contained in the Yale Price List. Rebates or refunds for Goods that represent dealer stock on hand or for Goods already shipped by Yale will not be given due to any price reduction. The purchase price for any Goods purchased shall be due as and when specified in the invoice        covering such Goods. Title to the Goods shall not pass to purchaser until full payment for the Goods is made to Yale.

 

Binding for all Purchases

All orders, whether solicited or written by our representatives or delivered by you are deemed offers by you to purchase our products. Our acceptance of each such offer is expressly subject to and conditioned on your assent to the Terms and Conditions of Sale contained herein (assent may be deemed to occur if we do not receive a written objection or retraction of such offer within 48 hours after you receive our confirmation of receipt of such offer). No other terms or conditions shall apply.

 

Prices and Minimum Charges

All prices are subject to change without notice. Prices prevailing at commencement of shipment apply. Regardless of whether ordered for job shipments or for stock. Only orders in excess of $1500 net are shipped freight prepaid. Due to the expense involved in entering, handling, packaging, shipping and charging, orders of low value will still be accepted yet are assessed as follows:         

 

Orders Shipped from Guadalajara, Mx.

(YH Collection™, New Traditions®)

  • Orders of less than $1500 net are subject to a freight/handling charge of $100.

 

No orders of less than $250 will be accepted as a factory order. Orders Shipped from Berlin, CT.

  • See Yale® FLASHship™ rules, page 7 of the Yale Residential Price Book.                                            

 

Additional charges may apply for expedited shipping, ”project packing“, special labeling, or special shipping instructions.          

 

Payment

Standard sales terms are 2/10 net 30. The 2.0% discount only applies for invoices paid in full within 10 days of invoice date. Invoices not paid in full within 30 days of invoice date shall incur a service charge of 1.5% per month for each month or fraction thereof (or the maximum rate permitted by law) until paid in full. All delinquent accounts are subject to credit hold.         

 

Freight

All products are invoiced FOB our factory in Guadalajara, MX. or Berlin, CT. Title and risk of loss and damage pass to you upon our transfer of   product to carrier. We pay freight charges only on orders in excess of $1500 net to a single continental U.S destination by a carrier and routing of our choice.  (See Prices and Minimum Charges above) You will be invoiced and agree to pay all higher freight charges for extra destinations and for special carrier(s) designated by you. Shipping schedules are estimated only and cannot be guaranteed. We are not liable for any delays in shipments. Discrepancies must be noted with carrier upon receipt as they are your responsibility to claim.

 

Minimum Annual Purchase Requirement

We may discontinue direct sales to you if you do not meet the minimum annual purchase requirement (currently $10,000), based on total accepted, shipped and non-canceled orders within each calendar year.

 

Limited Warranty

Yale, the “Warrantor”, extends the following LIMITED WARRANTY to the   original purchaser of Yale Real Living™*, YH Collection™ from Yale®, New Traditions® from Yale®, Yale Edge Series®** and Interconnected Series (herein the "lockset" or "locksets"):

*Electronic components warranted ONE (1) YEAR

**Yale Edge Series components warranted ONE (1) YEAR finish & FIVE (5) YEAR mechanical operation

 

1. MECHANICAL PARTS & FINISH.

Yale warrants to the original purchaser of the locksets manufactured by it to be free of defects in material and workmanship as long as the consumer (as the term "consumer" is defined under United States Code Section 2301(3)) occupies the residential premises upon which the lockset was    originally installed. If, after initial installation of the lockset, any of the mechanical parts or the finish should become defective, the Warrantor will repair or replace the locksets, in accordance with this Limited Warranty.

a. When the lockset has been used for commercial, institutional, industrial   or other installations other than single-family dwellings, the mechanical parts warranty is reduced to THREE (3) YEARS and the finish warranty is reduced to ONE (1) YEAR.

b. The warranty on the replacement lockset will be limited to the unexpired term of the original warranty.

2. CONDITIONS AND EXCEPTIONS.

This Limited Warranty shall apply only when the lockset is properly installed in accordance with local codes, ordinances and regulations, the printed  instructions provided with it and good industry practices. THIS WARRANTY DOES NOT COVER defects caused by: modification, alteration, repair or  service of the lockset by anyone other than Warrantor or an authorized designee of Warrantor; physical abuse to, or misuse of, the lockset or    operation of it in a manner contrary to the accompanying instructions;    shipment of the product to anyone other than Warrantor for service;    improper installation; acts of God; fire; flood; casualty; failure to exercise   normal maintenance; for the consequences of uses for which locksets were not designed or designated, or for defects caused by the use of paints,    solvents or other chemicals which come in contact with the lockset. THIS WARRANTY DOES NOT COVER scratches or abrasions. THIS WARRANTY DOES NOT APPLY to locksets or component parts of locksets that were not originally manufactured by Warrantor. THIS WARRANTY SHALL NOT APPLY TO SUBSEQUENT OWNERS.

3. SERVICE AND REPAIR EXPENSE.

Under this Limited Warranty the Warrantor will provide only a replacement lockset or a part of it. Warrantor will pay reasonable shipping costs for surface transportation only for locksets returned to Warrantor’s Customer Service Department. Warrantor will ship replacement parts under this Limited Warranty at its expense by surface transportation only. Any special handling, express or expedited service or different method of transportation shall only be provided at the request and expense of the purchaser of the locksets. However, if warrantor determines that a lockset does not qualify for repair or replacement under the applicable Limited Warranty, Warrantor will notify the consumer of the estimated costs of repair or replacement and obtain the consumer's authorization and agreement to pay actual repair or replacement costs before proceeding with non-warranty repair or replacement. Warrantor shall have no liability to pay any costs for repairs performed by anyone other than Warrantor or its designee, unless in each instance Warrantor has given written approval for such repair. Warrantor shall not be responsible for any costs incurred for the removal or reinstallation of locksets covered by this Limited Warranty.

4. LIMITATION ON IMPLIED WARRANTIES.

ANY EXPRESS WARRANTY NOT PROVIDED IN THIS LIMITED WARRANTY, AND ANY REMEDY FOR BREACH OF CONTRACT THAT, BUT FOR THIS PROVISION, MIGHT ARISE BY IMPLICATION OR OPERATION OF LAW, IS EXCLUDED AND DISCLAIMED. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR ANY PARTICULAR PURPOSE ARE EXPRESSLY LIMITED TO THE DURATION OF EACH EXPRESS WARRANTY PERIOD.

a.  Should the locksets be considered a consumer product as may be covered by the Magnusson-Moss Federal Warranty Act, please be advised that some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

5. CLAIM PROCEDURE.

To obtain performance of any obligation under this Limited Warranty, you must contact: Yale Locks & Hardware, Customer Service Department, 225 Episcopal Road, Berlin, CT 06037 USA, Tel 1-800-438-1951, Fax 1-800-338-0965.

a. The Warrantor will only honor replacement with an identical or similar lockset or parts of it which are manufactured or distributed by the Warrantor.

b. Customer service department hours are between 8:00 am and 4:30 pm EST, Monday through Friday, except holidays.

6. DISCLAIMER.

THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THIS DOCUMENT. NO OTHER EXPRESS WARRANTY HAS BEEN MADE OR WILL BE MADE ON BEHALF OF THE WARRANTOR WITH RESPECT TO THE LOCKSET OR THE INSTALLATION, OPERATION, REPAIR OR REPLACEMENT OF THE LOCKSET. THE MAXIMUM LIABILITY OF YALE HEREUNDER IS LIMITED TO THE PURCHASE PRICE OF THE LOCKSET. UNDER NO CIRCUMSTANCES SHALL YALE BE LIABLE TO PURCHASER OR ANY OTHER PERSON FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING OUT OF TORT, BREACH OF WARRANTY, BREACH OF CONTRACT OR OTHERWISE.

a. Should the locksets be considered a consumer product as may be covered by the Magnusson-Moss Federal Warranty Act, please be advised that (i) some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you, and (ii) this Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

b. Warrantor reserves the right to make changes in designs and specifications or to make additions or improvements on its products without notice and without incurring any obligation to incorporate them on products previously manufactured.

General Conditions

(a)Shipping; Acceptance; Risk of Loss; Security Interest.  Any shipment date given by Yale is approximate and not a guarantee of delivery on the shipment date.  Failure of a purchaser to inspect the Goods and notify Yale or any authorized distributor or factory representative in writing of such purchaser’s rejection of any Goods upon completion of inspection within 24 hours after receipt of shipment, in each case setting forth the specific grounds for rejection, shall constitute unconditional acceptance of the Goods.  Title to the Goods shall not pass until the full purchase price   therefore has been paid in full.  If after acceptance, the purchaser fails to pay the full purchase price as and when due, Yale shall be entitled to a writ of immediate possession to recover possession of the Goods.  Risk of loss or damage to the Goods passes to the purchaser upon delivery of the Goods to the carrier regardless of who pays the shipping costs for such Goods.  The purchaser hereby grants to Yale a continuing security interest in and to the Goods purchased from and/or financed by or through Yale to secure repayment of any debt or obligation owed to Yale by the purchaser.

(b)Force Majeure.  Under no circumstances shall Yale be liable for failure or delay in delivery occasioned in whole or in part by fire, flood, explosion, casualty, accident, acts of God or natural catastrophe, war, riot, strike,   lock-out or other labor dispute or industrial disturbance, embargo, law,   regulation, ruling, order or requirement of any government or government agency or authority, court, tribunal or military authority, shortage or failure of, or Yale’s inability to obtain, Goods, appropriate supplies, materials, equipment, transport or labor, or any other cause or circumstance beyond Yale’s control, including delays due to a purchaser’s acts omissions or rush circumstances. Under such circumstances, Yale may extend the date of delivery for a reasonable period of time after the period of the delay, apportion its products among its customers in such manner as it deems equitable and substitute for products which cannot be obtained within  a reasonable period of time, and the purchaser shall not be relieved of accepting delivery of such products.

(c)No Other Warranty.  The only warranty given in connection with any Goods sold by Yale is its Limited Warranty to the first purchaser-user provided in Section 3 of these Terms and Conditions of Sale, and no other representations or warranties of any kind shall be made or given by any   distributor or other person in connection with the sale of the Goods.

Enforcement Policy

In the event Yale deems it necessary to collect any amount due it from any purchaser, the purchaser shall pay to Yale, upon demand, all costs and expenses of such collection or enforcement including, without limitation, reasonable attorneys’ fees and all other costs of collection.  In addition, Yale will assess a 1.5% finance charge per month (18% APR) on amounts not paid when due.

Returned Goods Policy

Yale will not accept returned Goods from purchasers for credit or exchange. Under limited exceptions the following conditions generally would apply:                                                                               

(a)Written consent to the return of the Goods must be obtained from the Yale Customer Service Manager prior to returning the Goods (at Yale’s discretion);  (b)Goods returned must be carried in the current FLASHship inventory as shown in the Yale Price Book; (c)Any returned Goods shall be accompanied  by a completed Merchandise Return Authorization Form provided to the purchaser by Yale; (d)Shipping charges and insurance must be prepaid by the purchaser; (e)All returned Goods accepted by Yale shall be subject to a minimum charge of twenty-five percent (25%) of the original purchase price or the current price, whichever is lower, to cover the cost of testing and repackaging. Additional charges may be imposed if the returned Goods, in the opinion of Yale, require reconditioning; and (f)Any credit given will be based on the original purchase price or the current price for the returned Goods, whichever is the lower. As an exception to the above rules, if items   are purchased from Yale’s FLASHship program, they may be returned to the Yale warehouse with a 25% re-stocking fee. Authorization in form of an ‘Authorization Return Form’, must be issued prior to material being returned.

 

Terms and Conditions Contained in Yale® Price Book

The Terms and Conditions contained in the Yale Price Book, as published from time to time, shall apply to all purchases of Goods. To the extent that any terms in any invoice conflict with the terms of the Yale Price Book, the terms of the Yale Price Book shall govern.

 

Dispute Resolution

All disputes, controversies, claims or differences which may arise between the parties out of or in relation to the purchase of Goods covered by any invoice or otherwise made by purchaser from Yale (including questions as to whether a matter is governed by this arbitration provision) shall be solely and exclusively settled by binding arbitration conducted in accordance with the American Arbitration Association (AAA) Rules. All hearings and proceedings regarding arbitration shall take place in Berlin, Connecticut. All disputes involving less than $250,000 shall be heard by a single arbitrator, and all other disputes shall be heard by panel of three arbitrators. The arbitrators shall be selected in a manner as set forth by the AAA. Reasonable discovery shall be allowed. The costs and fees of the arbitration shall be allocated by the arbitrators. The award rendered by the arbitrators shall be final and binding upon the parties, and judgement may be entered and enforced in accordance with applicable law in any court having jurisdiction thereof.  The resolution of the arbitration shall be kept confidential by the parties and the arbitrators. Nothing herein shall bar the right of either party to obtain injunctive relief against conduct that will cause irreparable loss or damages under rules of equity. The parties hereby consent to jurisdiction in any court in the State of Connecticut with respect to the enforcement of any arbitration award or injunctive or other judicial relief.

 

Changes or Cancellations

Any item additions, quantity changes or specification changes made to accepted orders will generate a new acknowledgment for the entire order and a new shipment date. All sales are final. Quantity reductions or cancellations are accepted only with prior written consent at least 2 weeks prior to the scheduled shipment date. Cancellations or reductions after 2 business days of acknowledgement may be subject to a 25% fee.  We may without liability cancel any accepted order before shipment if our credit department does not approve your credit.

 

Programs

All support programs related to the business are only applicable to customers whose account is current and in good standing.

 

Customer Service

Yale Locks & Hardware, Customer Service Department
225 Episcopal Road, Berlin, CT 06037 USA, Tel 1-800-438-1951
Fax 1-800-338-0965.  Customer service department hours are between 8:00 am and 4:30 pm EST, Monday through Friday, except holidays.

 

Yale Locks & Hardware
Customer Service Department
225 Episcopal Road,
Berlin, CT 06037  USA
1-800-438-1951