Clause 1: Applicability of Terms
ExportJapaneseCar.com as Autorec Enterprise,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
The Terms (as in effect from time to time) will apply to all
transactions between the company and the users relating to the service.
The company reserves the right to modify the Terms from time to time.
Clause 3: User Notification
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.
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.
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.
Users are responsible for perusing notifications from the company
made be e-mail without delay. The company will not be liable for userfs
failure to do so.
Clause 4: Applicable Laws, etc.
The Terms are governed by the laws of Japan.
Only the English version of the Terms shall have legal effect.
Clause 5: Court Holding Jurisdiction
Should any dispute between user(s) and the company occur with
regard to the service andor any contracts concluded through the
service, the parties agree to attempt to settle any such dispute in a
sincere manner through discussion.
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
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.
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.
Clause 10:
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.
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.
Estimates will be forwarded to users in the manner described in
Clause 3 of these Terms.
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
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.
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.
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.
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
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.
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
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).
Where the company and the user agree to conditions other than the
above, their agreement takes precedence.
Clause 15: Transfer of Risk
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).
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
andor 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
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.
The company and user may agree to conditions other than the above, in
which case their agreement takes precedence.
Clause 18: Returns
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.
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:
For regular or emergency system maintenance or work on the service,
or under unavoidable conditions such as a company system failure.
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.
Where so restricted or order by a government agency, or where the
services of other electronic communications companies have been
terminated or suspended.
Under any other circumstances where the company deems temporary
suspension necessary to the operation of the service.
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.
The company is in no way liable for damages incurred by users or
third parties resulting from termination or suspension of the service.