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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).
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.
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.
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.
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.
Clause 6: Prerequisites for Utilizing the Service
Users are solely responsible for obtaining and operating the equipment necessary to utilize the service.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
Clause 17: Defect Liability
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.
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.
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.
Clause 20: Exclusions
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.
CLAUSE 21: CANCELLATIONS AND REFUNDS
If the user reneges on a purchase, an order or if full payment is not made within 5 days of the auction completion a maximum Cancellation Fee of the total CIF cost will be charged. Refunds are calculated from the JPY received less handling fee JPY 10,000 and all bank charges. Refunds are done at the end of each month. Refunds and credits are null and void after 12 months from the date of receiving the payments.
CLAUSE 22: Delayed Sale Payments
When a full sale is not completed within 2 weeks of receiving the funds we use the amount of JPY we received on that date. Once the decision has been made to complete the sale or further funds are received, we convert the earlier amounts received in JPY, back to the current conversion rate for USD to tally the total. JPY payments are unaffected.
CLAUSE 23: CLAIMS
For any claim to be considered the following criteria must be met:
Vehicle must be auction grade 4 or above
Vehicle must be less than 100km
Vehicle must be less than 8 years old
A claim form must be filled in and submitted within 7 days of the vehicle arriving at the port
The cost of repair must be at least NZD$600 over and above the normal cost of compliance to NZ standards
An independent quote for the cost of repair must be submitted with photos before any repairs are carried out
JPY200,000 FOB and above
Claims will not be accepted for:
Vehicles which have not been fully paid for
Vehicles purchased and sighted by you in Japan
Issues involving transmissions
Issues involving air suspension
Issues involving Stereos and Navigation systems
Registration Year different from Year of Manufacture
Issues relating to theft after the vehicle has left the company premises
Multiple claims on the same unit at different times
While our staff will do all in their power to check vehicles prior to purchase, the following vehicles are exempt from claims due to common and factory faults: Alfa Romeo - Citroen - Fiat- Ford Explorer - Jaguar - Land Rover - Range Rover - Opel - Porsche - Peugeot- Range Rover - Renault - Saab - Volvo - VW - Audi - Performance Vehicles - Commercial Vehicles - Any Vehicle over 20M3
CLAUSE 24: SPECIAL ORDERS
Full payment is due 5 working days after the unit is sourced or the unit is deemed as cancelled. Free storage for the first 5 days awaiting payment. JPY 12,000 per month storage charge.
Trade Haus Logistics Ltd,
6F Fushimi IT BLD.
1-4-25 Nishiki Naka-Ku, Nagoya
Tel No: +81-(0)52-203-9900
Fax No: +81-(0)52-203-9933
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