Terms and Conditions of Sale
1.Scope and Acceptance
These Terms and Conditions of Sale (the “Terms”) govern all sales of products, goods, and
services by Japan Yakisugi LLC, a Florida limited liability company (“we,” “us,” “our,” or
“Japan Yakisugi”), to the individual or entity identified as the customer (“you,” “your,” or
“Customer”) in the applicable Sales Order (“Order”).
By placing an Order or making a payment, you acknowledge and accept these Terms. Any
modifications or additional terms proposed by you are expressly rejected unless agreed to in
writing and signed by both parties.
These Terms, together with the Order, constitute the entire agreement between the parties and
supersede any prior discussions, negotiations, or agreements, whether oral or written.
2.Quotations and Orders
- A signed Quotation and 50% deposit payment are required to initiate an Order and begin
production. - Quotations remain valid for 30 days unless otherwise specified.
- All Orders are subject to availability.
- Prices are based on Incoterms ExWorks (Miami, FL, or Japan, as specified in the Order).
- Shipping charges provided in Quotations are estimates and may be adjusted on the final
invoice.
3.Product Disclaimer
Japan Yakisugi takes every effort to ensure that products match approved samples in terms of
wood type, finish, grading, and processing. However:
- Natural variations in wood (color, grain, mineral streaks, knots, etc.) will result in differences
between the sample and the final product. - Each piece of wood has unique characteristics that affect its appearance before and after
finishing. - By accepting the sample, the Customer acknowledges and accepts these natural variations.
Japan Yakisugi does not guarantee a perfect match between sample and final product.
4.Lead Time
- Estimated lead times are provided at the time of Quotation or Order confirmation.
- Lead time begins only upon receipt of 50% deposit payment and a signed Quotation.
- Lead times may change based on supplier availability and carrier transit times.
- Japan Yakisugi is not liable for delays beyond our control, including production constraints or
shipping delays.
5.Order Modifications and Cancellations
- Changes to an Order (including additions or deletions) may be subject to additional costs.
- If production has already started or materials have been procured, the Customer is responsible
for all incurred costs. - If an Order is canceled after production has started, the Customer remains responsible for the
full quoted price of any completed portion.
6.Payment Terms
- 50% deposit payment is required at the time of Order placement and 50% balance prior of
shipping. - If the Order is not shipped within 30 days of completion due to Customer delay, a storage and
handling fee of 5% of the Order value per month ($200 minimum) will be applied. - Japan Yakisugi reserves the right to withhold shipment until full payment is received.
7.Shipping and Delivery
- Orders ship freight prepaid on pallets via common carrier.
- Prices are ExWorks Miami, FL, or Japan, unless otherwise specified.
- Japan Yakisugi is not responsible for additional fees incurred due to:
- Residential delivery surcharges
- Transfer between trucks for final job-site delivery
- Re-routing or storage fees due to delayed acceptance by the Customer
- Customers are responsible for off-loading the shipment.
- If a forklift or dock is unavailable at the delivery site, the Customer must arrange for
appropriate unloading equipment.
Shipping Damage
- The recipient must inspect the shipment upon arrival and note any damage on the freight bill
before signing. - Photos of damage must be taken and reported within 72 hours of delivery.
- Japan Yakisugi will assist with damage claims if logistics were arranged by us, but replacement
material is subject to availability.
8.Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, JAPAN YAKISUGI DISCLAIMS ALL
LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS
INTERRUPTION, OR DAMAGE TO PROPERTY.
OUR TOTAL LIABILITY UNDER ANY CLAIM ARISING FROM THE SALE OF
PRODUCTS SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR
THE SPECIFIC ORDER.
9.Installation and Maintenance Responsibility
- All wood products must be acclimated for at least two (2) weeks before installation.
- Installation must be carried out by qualified professionals following best industry practices.
- Proper sealing, flashing, and compliance with building codes are the sole responsibility of the
Customer. - Japan Yakisugi assumes no liability for issues arising from:
- Improper installation
- Moisture intrusion due to lack of sealing
- Failure to follow recommended maintenance guidelines
- Warranty and Limitations
10.Limited Warranty
- Japan Yakisugi warrants that all wood products are free from major manufacturing defects for 3
years from the date of purchase. - This warranty is non-transferable and applies only to the original purchaser and the installation
location.
Warranty Exclusions
This warranty does not cover damage or defects resulting from:
- Natural wood variations, including grain, color changes, knots, or mineral streaks
- Expansion and contraction due to environmental factors
- Exposure to elements (UV light, moisture, extreme temperatures)
- Improper storage, handling, or maintenance
- Failure to follow installation instructions or industry standards
- Water damage, leaks, mold, or humidity-related issues
- Misuse, neglect, abuse, impact damage, or fire
- Attempted modifications or repairs by unauthorized personnel
Warranty Claim Process
- If a valid warranty issue is identified, Japan Yakisugi may, at its sole discretion:
- Repair or replace the defective portion
- Offer a refund for the affected material
- Replacement materials may not match previous batches in color, grain, or finish.
11.Governing Law and Jurisdiction
- These Terms are governed by the laws of the State of Florida, USA.
- Any disputes arising from these Terms shall be resolved exclusively in the courts of Miami-
Dade County, Florida.
12.Miscellaneous
- No employee, distributor, or third party has the authority to modify these Terms without written
consent from Japan Yakisugi. - If any provision of these Terms is found to be unenforceable, the remaining provisions shall
remain in full force. - Japan Yakisugi reserves the right to update or modify these Terms at any time, with updated
versions posted on our website.
For any questions regarding these Terms, please contact Japan Yakisugi LLC at info@japan-
yakisugi.com