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Terms and Conditions |
Clause 1: Applicability of Terms |
Trade Haus Logistics Ltd.
(hereinafter referred to as "the company") hereby establishes the following terms
and conditions (hereinafter referred to as "(the) Terms") for persons utilizing
the company's Internet sales service for used cars and other items (hereinafter
referred to as "(the) users" and "(the) service" respectively).
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Clause 2: Scope of and Changes to the Terms |
1. The Terms (as in effect from time to time) will apply to all transactions between
the company and the users relating to the service.
2. The company reserves the right to modify the Terms from time to time.
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Clause 3: User Notification |
1. Except as otherwise stipulated in the Terms, users shall receive notifications
from the company via e-mail, via general postings on the service Website, or by
other means deemed appropriate by the company.
2. Where notification is given by e-mail, said notification is deemed complete when
the e-mail is sent to the user's last known e-mail address as provided to the company
at the time of application or subsequently.
3. Where the notification is carried out via general postings to the service Website,
notification is deemed complete once it has been posted to the Website for general
access by users.
4. Users are responsible for perusing notifications from the company made be e-mail
without delay. The company will not be liable for user’s failure to do so.
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Clause 4: Applicable Laws, etc. |
1. The Terms are governed by the laws of Japan.
2. Only the English version of the Terms shall have legal effect.
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Clause 5: Court Holding Jurisdiction |
1. Should any dispute between user(s) and the company occur with regard to
the service and/or any contracts concluded through the service, the parties agree
to attempt to settle any such dispute in a sincere manner through discussion.
2. If the dispute cannot be resolved through discussion between the parties, either
the Nagoya District Court or the Nagoya Summary Court shall have original, non-exclusive
jurisdiction over the dispute.
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Clause 6: Prerequisites for Utilizing the Service |
Users are solely responsible for obtaining and operating the equipment necessary
to utilize the service.
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Clause 7: Making Changes to Registration Information |
1. Should changes occur in user information such as name, address, telephone number,
and other information provided to the company at the time of application, users
must report any such changes to the company immediately.
2. The company shall not be liable to the user or any third party by reason of the
failure to inform the company of changes in user information.
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Clause 8: Restrictions |
The service is available to users or prospective users acting in good faith
for the purpose of legitimate business transactions. Any actions of a user which
do not meet such requirement shall entitle the company in its sole discretion to
withdraw the service from that user and to recover damages for any wrongful act
of the user.
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Clause 9: Proprietary Information |
Users may not utilize any information or records available via the service by any
means whatsoever without the permission of the company for any purpose other than
business transactions with the company.
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Clause 10 |
1. Users who wish to obtain an estimate for used cars or other items (hereinafter
referred to as "goods") sold through the service can request the estimate via the
service according to the procedure specified by the company on the Website.
2. Where an estimate is requested according to the procedure described above, it
will be forwarded to the user within three business days by e-mail or other means
deemed appropriate by the company.
3. Estimates will be forwarded to users in the manner described in Clause 3 of these
Terms.
4. The company will not be liable if a user is unable to obtain an estimate due
to incorrect or incomplete information.
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Clause 11: Conclusion of Contract |
1. Users wishing to purchase goods from the company through the service should remit
the amount indicated in the estimate by electronic wire transfer to a specified
account or by other means of settlement as stipulated by the company in the currency
specified by the company. Users are responsible for all local and international
bank fees incurred in the remittance of funds.
2. The contract is concluded when payment is credited to the company's specified
account or where payment is made by some other method specified by the company,
said payment has been confirmed.
3. Once payment has been made by the user and confirmed by the company, and the
user and the company both agree to the sale, the user will be notified by e-mail,
or other means deemed appropriate by the company, that the contract has been concluded.
4. It is the sole responsibility of the user to comply with all and any import regulations
in their own country, and for the payment of all duties and taxes assessed in their
own country.
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Clause 12: Termination of Contract |
1. Even after the contract has been concluded as described in (2) of Clause
11, the company reserves the right to terminate the contract if the goods cannot
be delivered for reasons related to import restrictions, guidance or instructions,
etc., from the relevant authorities, where the user has made false statements or
has engaged in any unlawful activity, where it is recognized that the contract is
rendered impossible to execute due to actions of the user or for any other cause
beyond the control of the company.
2. In instances as described in (1) above, any funds remitted or payments made to
the company will be returned to the user without interest and less any bank charges
or other costs incurred by the company.
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Clause 13: Forwarding and Shipping |
Once the contract has been concluded and the appropriate paperwork (Japanese export
customs administration, shipping arrangements, etc.) completed, the user will be
promptly notified of shipping details in the manner described in Clause 3 (notification).
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Clause 14: Transfer of Property Rights on Goods |
1. The transfer of property rights between the company and the user is governed
by the International Commercial Terms (InCoTerms) issued by the International Chamber
of Commerce (ICC), as noted on the estimate at the time the contract is concluded
(see Clause 11).
2. Where the company and the user agree to conditions other than the above, their
agreement takes precedence.
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Clause 15: Transfer of Risk |
1. The ICC's InCoTerms apply to the timing of transfer of risk on goods between
the company and the user, as noted on the estimate at the time the contract is concluded
(see Clause 11).
2. Where the company and the user agree to conditions other than the above, their
agreement takes precedence.
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Clause 16: Product Liability |
Product sales are based on as-is condition at the time of sale. The company bears
no liability whatsoever for problems, including failure and/or accidents, which
arise from breakdown, defects etc. that are the responsibility of the manufacturer
(hereinafter referred to as "the manufacturer"). Further, the company will have
no liability for loss or damage incurred by the user or any third parties.
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Clause
17: Defect Liability
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1. Once property rights have been transferred, the company is in no way liable for
damages incurred by the user or any third party, including those arising from manufacturing
defects.
2. The company and user may agree to conditions other than the above, in which case
their agreement takes precedence.
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Clause 18: Returns |
1. Where a contract is concluded as stipulated above, the company will not allow
for any returns once the property rights on such goods have been transferred.
2. Exceptions to the above may occur where the company is largely responsible.
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Clause 19: Termination and Suspension of Service |
The company may terminate or suspend operation of the service under the following
circumstances:
1. For regular or emergency system maintenance or work on the service, or under
unavoidable conditions such as a company system failure.
2. Where due to war, civil unrest, rioting, labor disputes, earthquake, volcanic
eruption, floods, tsunami, fire, blackout, system failure due to hacking or a computer
virus, or other emergency conditions, the service cannot be operated as usual.
3. Where so restricted or order by a government agency, or where the services of
other electronic communications companies have been terminated or suspended.
4. Under any other circumstances where the company deems temporary suspension necessary
to the operation of the service.
5. The company will endeavour to inform users in advance when operation of the service
is to be terminated or suspended as per the above. This may not be possible in emergency
situations.
6. The company is in no way liable for damages incurred by users or third parties
resulting from termination or suspension of the service.
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Clause 20: Exclusions
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1. Except where otherwise specified in the Terms, the company is in no way liable
for damages incurred by users or third parties through the provision of or delays/changes
in, suspension, termination, discontinuance, or cancellation of the service, leakage
or loss of information provided through registration with the service or other means,
or damage otherwise incurred related to the service.
2. The company makes no guarantees whatsoever in terms of the completeness, accuracy,
usability, etc., of the description of the service, or of information obtained by
users through the service.
3. The company is in no way liable for any disputes between users and third parties
that may arise through use of the service.
4. In addition to the above, the user is liable for compensation of any damages
incurred by the company as a result of user’s violation of the Terms, wilful default,
or gross negligence.
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