Terms and Conditions of Sale

Our terms and conditions apply to all orders. We do not accept any deviations from our terms. We reserve the right to change our terms and conditions of sale at any time and without prior notice. Our terms and conditions in effect on the day an order is accepted shall apply without deviation. If you have any questions about whether the terms and conditions in this desk reference are still in effect, please inquire at the time you place your order. All orders are subject to acceptance by us at our company headquarters.

It is understood that the buyer, in selecting and ordering from our website, catalog(s), or other media materials accepts all Terms and Conditions of Sale, including the following. Product enhancements resulting from our continuing quality improvement effort may necessitate changes in specifications without notice.

All prices are F.O.B. Suwanee, Georgia, and are subject to change without notice.

Security interest

We maintain a security interest in our products. That is, we reserve the right to repossess any equipment or products for which we have not been paid. This includes products that have already been shipped to an end customer, either individually, or as part of a multiple part order, or on consignment/demo agreement.

Taxes

Kagawa is located in the state of Georgia, and is obligated to charge sales tax respectively for delivery within Georgia. Sales tax rate varies by county. Georgia tax-exempt customers must submit their tax exemption certificate to avoid tax. We do not add or collect sales tax for states other than Georgia. It is the customer’s responsibility to pay appropriate tax to your state when necessary.

Receiving shipments

Please inspect all deliveries promptly. You must notify us within 48 hours of receipt with reported discrepancies, shortages, damages, missing parts or other inaccuracy in order.

Backorders

While we constantly strive to have all our valued products in inventory, you may order an item that is temporarily out of stock. If an item is not in stock, it will be placed on back order and shipped when the item is available via the same method as the original order. We make every attempt to calculate and present an expected shipment date for backordered items. Expected ship date is an estimate based on the best information available at the time the request was placed. If necessary, please call our customer service team for additional details. Please note that the dates are not guaranteed dates and Kagawa cannot be held liable if the date is not met. The information is provided for your planning purposes only. This data could change at any time before you submit your order.

You may cancel a backorder at any time prior to shipping (with the exception of some special orders) by contacting us at 866-464-7681.

Changes to orders

Our highly automated order system has a very short time span (usually less than 30 minutes) in which to make any changes. Once your order has entered the processing cycle, we cannot accept changes. If you need to make a change, please call the Kagawa Sales team immediately; do not rely on an email request.

Shipping

Shipping Carriers

Our preferred carrier is UPS. On your order, specify shipment method, if available in your area for the order type (ground or air service options shown below). All freight charges are prepaid and added to the invoice, or they can be charged to your company’s freight collect account number. (freight collect orders are only accepted for shipment via UPS or Fed Ex.)

Shipping methods

• Ground
• Air (Next day / Three day / Early a.m. / Saturday)

Ground delivery time depends on where you live in relationship to our Suwanee, GA location (or for drop-shipped products, where the shipment originates).

Faster delivery via air services includes these options:

• Next-day air
• 2-day air
• 3-day air
• Early a.m.
• Saturday (Available only after shipping cutoff on Thursday and all day Friday.)

Orders shipped

After receipt of your order, all ground, next day, second-day, and three-day air orders will generally be shipped within 1 business day, subject to order and stock restrictions. If you’re a new customer opening a credit account, allow up to two business days to verify credit information. Backorders will automatically ship (via the same method as the original shipment) when the product is in stock, with no additional freight charges.

If your credit card is declined for the order amount, your established account goes over your limit, or a payment is past due, your order may be delayed. Please contact our Accounting department to resolve any issues (call 866-464-7681)

Insurance

Because we ship FOB, the risk of loss transfers to you when we deliver the goods to the carrier. Insurance is available at your expense to insure against loss or unusual damage (not currently available for online orders). It is not automatically included in the shipping charges. Your Sales representative can calculate the cost of insurance at the time you place your order. If you choose to purchase insurance, the charges will be added to your invoice.

Tracking shipments

Tracking numbers are generally available the day you place your order. The order cannot be tracked until the carrier has initially scanned the package at their facility (generally after 9pm EST on shipment date).

Shipping Charges (U.S.)

Shipping charges are prepaid and added to the invoice, or they can be charged to your company’s freight collect account number (UPS or FedEx accounts only) where applicable.

Shipping charges (International)

Shipping charges are prepaid and added to the invoice, or they can be charged to your company’s freight collect account number (UPS or FedEx accounts only).

Shipping services are calculated based on order weight, and are charged at the carrier’s published rates. Also, please review all notes below regarding possible surcharges.

Kagawa International customers are responsible for all customs, duties and applicable country taxes.

Notes on Shipping and Delivery

The following are surcharges for specific situations:

Standard shipments

• Add $7 surcharge for orders under $300 for delivery Internationally.
• Additional charge applies for deliveries to residential addresses.

Note: Carriers’ surcharges for the following services: (Subject to change)

Air Shipment:

• Add $25 surcharge for early A.M. delivery.
• Add 10$ surcharge for Saturday delivery.

Please make note of the following guidelines/restrictions on delivery times:

• All shipments are subject to stock availability.
• Delivery times are based on carrier policies. We cannot guarantee delivery times.
• Due to shipper restrictions, we cannot deliver to P.O. boxes.
• All air services vary by zip code. Check delivery services for your area before ordering.
• For international air shipments, timely delivery cannot be guaranteed as the shipments may be delayed in Customs.

Note: We do no ship on Saturday, Sunday or national and company holidays.

Payment options

Credit Cards

We accept several major credit cards: (subject to change)

Visa

Mastercard

American Express

Discover

We must approve all credit card orders prior to shipment. Our response can sometimes depend on the credit card verification process, so make sure you have your order in prior to 3pm Estn for same-day shipment. If for some reason there’s a problem, we will call or e-mail you o advise you of the problem, which will help minimize delay. Credit card issues on orders placed late in the day may be delayed if we are unable to contact you.

Guidelines for Warranty and Returns

14 day Money-back returns

We offer a 14-day money-back period on all products (Chemical products must not be opened), beginning 5 days after the date of the invoice. This grace period provides ample time for you to receive the product. Products must be returned in the original boxes in like-new condition. See “Guidelines for Returns” for complete details on how to return a product under the 14-day money-back guarantee. Products returned outside the 14-day policy will be subject to restocking fees and/or refused.

Limited warranty

We warrant, for a period of five years from the date of shipment of our product to you that our product shall be free of defects in material and workmanship, as shall be determined by our manufacturing standards, and shall conform to the individual product descriptions.

This warranty does not cover products which have been subject to misuse, negligence, accidents, misapplication or tampering in a way so as to affect their normal performance. Kagawa shall not be liable for special, indirect or consequential damages. KAGAWA GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PURPOSE AS SOLD, DISCREPTION, QUALITY OR ANY OTHER MATTER BEYOND THAT SPECIFIED ABOVE. KAGAWA DOES NOT ASSUME, NOR AUTHORIE ANYONE ELSE TO ASSUME FOR IT, ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THE SALE OR USE OF IT’S PRODUCTS. The terms contained herein constitute the entire agreement of the parties and the warranty representations of the seller. There are no other representations, warranties, or guarantees applicable to the sale of our products unless otherwise expressly agreed to by us in writing.

We make no claims, expressed or implied, as to any medical benefit(s) Kagawa’s IIBOR Orthotic shears deliver. Any benefit to the user is entirely consequential and our products are not medical devices or approved remedies, and they should not be used as such. To the extent that Kagawa’s IIBOR Orthotic shears provide any Orthotic benefit(s) is limited to reducing the unhealthy conditions caused by traditional shear designs. Those using Kagawa’s IIBOR Orthotic Shears are using them at their discretion, and if the user suspects our product is causing harm, pain, or discomfort they should discontinue use immediately and notify Kagawa.

In no event will we be liable, whether in contract, tort or under any other legal theory, for lost profits or revenues, loss of use or similar economic loss, for any indirect, special, incidental, consequential, punitive or similar damages arising out of or in connection with any products (including non-conforming products), or for any third-party claims against you relating to the products, even if we have been advised of the possibility of such claim. In no event will our monetary liability (whether in contract, tort, or under any other legal theory) in respect of any product exceed the purchase price that you paid to us for it.

This warranty will be void if product date codes or serial numbers are removed or defaced. Of course, warranties also do not apply to products that have been subject to abnormal use, abnormal conditions, improper storage, exposure to moisture or dampness, unauthorized modifications, unauthorized repair, misuse, neglect, accident, alteration, improper installation or other acts which are not our fault, including damage caused in shipping. Our warranty also does not apply to any product that has been damaged by external causes such as fire, flood, sand, dirt, lightning, exposure to weather, acts of God, battery leakage, theft, blown fuses, improper use of any electrical source or connection to product not recommended in writing for interconnection by us.

To minimize the risk of potential safety problem, you should follow all applicable local and national codes that regulate the installation and operation for your equipment. These codes vary from area to area and usually change with time. It is your responsibility to determine which codes should be followed, and to verify that the equipment, installation and operation is within compliance with the latest revision of these codes.

At a minimum, you should follow all applicable selections of the National Fire Code, National Electrical Code, and the codes of the National electrical Manufacturers Association (NEMA). There may be local regulatory or government offices that can also help determine which codes and standards are necessary for safe installation and operation.

Cryo425 cutting Edge and LanceMARK Blade Warranty

Our shears are warranted against blade dulling, when used by the original purchaser and for intended use only, for a period of sixty (60) months from date of shipment; requires warranty registration package to be completed and returned to Kagawa within 14 days of receipt of our product. During this period, purchaser may return their shear (must be in original container) up to two (2) times per twelve (12) month period for DHMS servicing, with a 10$ co-pay for services. We encourage stylists to coordinate service visits during a vacation period or other period of absence to avoid service interruption. DHMS Service Check includes a complete shear service; cutting edges are honed to original specification, blades are precision aligned and tuned to original specification, pivot system is calibrated and adjusted, and shear stand is inspected and replaced or repaired as needed.

This Warranty is void if Kagawa shears have been tampered with, or changed/modified in any way not authorized by Kagawa.

In Warranty Failure

It is Kagawa’s belief that in most cases, although not all, we may be able to provide you a solution so that you may not have to return products to us. Please call one of our Return Authorization (RA) representatives for an Returned Goods Authorization number(RGA) by calling the factory, before returning any products to us. The RA representative may request return approval for your product by our Technical Services department before an RGA can be issued. All product(s) returned to our factory for repair, replacement or refund, must have the Kagawa Returned goods Authorization Number (RGA) identified on the shipping label. Packages not identified with a RGA number will be refused.

The following guidelines apply to authorized returns for products under warranty (our warranty information is fully described in the previous pages):

1. All Date codes and/or serial numbers must be supplied before the RA number can be issued. If date codes and/or serial number labels have been defaced or altered in any way, the warranty will be void. No exceptions.
2. Failure symptoms must be reported for each product returned for Quality control purposes. If this information is not available at the time the return authorization is issued, please specify each failure symptom on the RA form before returning the product.
3. Once you have called to request your RA number, the RA Form will be faxed/emailed to you. (You can also print your RA Form from our Web site.) Fill the form out, fold it and then insert it inside the box you are sending back to us, containing the products in question.
4. Return products in their original boxes. Include all documentation, cables, accessories, literature, and other components included with the original parts shipment.
5. Write the RA number (Given to you by a RA Representative, over the phone) on the outside of the shipping box, not the product box.
6. Please return the parts to the appropriate address shown at the top of the RA form within two weeks of issuance.
7. If a Technical support representative issues you a RA number for a potentially defective product, you, the customer, are responsible for the shipment arriving safely and undamaged at Kagawa. We highly recommend that you insure the shipment for the full cost of replacing the product. See “Limits of Liability” below.

Limits of Liability

Purchasers’ Exclusive remedy for any warranty claim, or for any claim arising out of the purchase or use of our products, shall be the replacement of said product(s). We will replace our products, without charge to the purchaser, f.o.b. our point of shipment. We will not be liable for any consequential, incidental, or other damages sustained by purchaser, including but not limited to, loss of profits or revenue, loss of use of product, cost of capital, cost of sustained period, facilities, services, or claims of purchaser’s customers for any damages. Any warranty claim of purchaser must be made within one year of the date of shipment of the product. This exclusive remedy regardless of the nature of purchaser’s claim, whether in contract, tort, express or implied warranty, negligence or strict liability, upon which damages are claimed and regardless of whether the same is due to our negligence or any defect in our product.

A return authorization number does not guarantee a refund or replacement. If a refund is initially issued and the manufacturer of the product finds the problem to be due to “Customer abuse,” the credit will be reversed and you will be notified of such action.

Kagawa will accept no responsibility, nor issue credit for packages damaged in transit for any reason. It is your responsibility to assure that the product is properly packaged for shipment. We highly recommend that you insure the item, at your expense, for the amount of the potential credit that you are seeking.

IN NO EVENT WILL KAGAWA BE LIABLE, WHETHER IN CONTACT, TORT OR UNDER ANY OTHER LEGAL THEORY, FOR LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITTIVE OR SIMILAR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCT, OR FOR ANY THIRD PARTY CLAIMS AGAINST YOU RELATING TO THE PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM. IN NO EVENT WILL OUR MONETARY LIABILITY (WHETHER IN CONTRACTM TORT OR ANY OTHER LEGAL THEORY) IN RESPECT OF ANY PRRODUCT EXCEED THE PURCHASE PRICE THAT YOU PAID TO US FOR IT. KAGAWA ALSO HOLDS THE RIGHT TO CHANGE OUR RETURN POLICY, OR TERMS AND CONDITIONS OF SALE WITHOUT NOTICE AND WITHOUT WRITTEN CONSENT.