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Japan Partner - User Agreement


User Agreement

This agreement contains the terms and condition that govern the use of this, Japan Partner’s website (www.japan-partner.com), by any legal entity or natural person (both henceforth referred to as the Buyer) and which also govern any sales contract between Japan Partner Inc. (henceforth also referred to as the Seller) and any other natural person or legal entity (henceforth also referred to as the Buyer), who purchases vehicles through the Seller’s website, www.japan-partner.com.

The Buyer agrees to all terms and conditions set out in this agreement by accessing and/or using the Seller’s website or using any of the services offered by the Seller.

If the Buyer does not agree with the terms and conditions the Buyer must not use the website or any of the Seller’s services.

1. General Terms

1.1

The Buyer agrees to be bound by any changes and modifications made to the terms and conditions set out in this agreement
The Buyer agrees that these changes and modifications to the agreement become binding immediately, once posted on the Seller’s Website (www.japan-partner.com).

The Buyer therefore agrees to review the agreement periodically.

1.2

If the Seller chooses to notify the Buyer by email then the notification is deemed complete when the email is sent to the user’s email address.

1.3

In case the Seller notifies the Buyer by way of a posting on the Seller’s website then the notification is complete once posted on the website.

1.4

Once a notification has been carried out in the ways described in 1.31.2 and also 1.1 then the information contained in the said notification becomes effective immediately.

1.5

The Buyer understand that all the content on the Seller’s website (www.japan-partner.com) is intellectual property that belongs either to the Seller or a third party and which may not be copied, changed or used in any other way without permission from Japan Partner Inc.

1.6

The Buyer also agrees that his or her personal information may be used by the seller and that the seller may contact the Buyer by email, telephone, fax or mail. The Buyer understands and accepts that “contacting” also includes the periodic emailing of Japan Partner Inc. advertising, sales campaign information and stock updates. 
The Buyer may of course opt out of the periodic emailing of advertising, sales campaign information and stock updates, using the appropriate mechanism on the Seller’s website.

1.7

The Buyer agrees that Japan Partner Inc. is not liable for any computer programs , including but not limited to viruses and Trojan horses, that may harm or have the potential to harm, the Buyer or a third party in any way, and which were transmitted to the Buyer or any other party through the Seller’s website (www.japan-partner.com),an email sent by Japan Partner Inc, or any other method of electronic transmission, unless such program was transmitted by Japan Partner with the full knowledge of its harmful or potentially harmful properties and there was clear intent to harm the Buyer on the side of the Seller.

1.8

The Buyer agrees not to violate any applicable local law or Japanese law and also agrees that in case of conflict, Japanese law takes precedence.

1.9

The Buyer understands that all illegal actions are prohibited.

1.10

Should the Buyer violate any of the terms and conditions set out in this agreement, for whatever reason, then the Buyer will be liable for any damage or loss resulting from such violation.

1.11

The Buyer agrees that this Agreement and any contract of sale with Japan Partner Inc. shall be governed and construed in accordance with the laws of Japan. 
The Buyer agrees that any legal actions or proceedings between JAPAN PARTNER INC. and the Buyer for any purpose concerning this Agreement and/or any Contract of Sale, shall be brought exclusively in a Japanese court of competent jurisdiction sitting in the Prefecture of Aichi, Japan, specifically the City of Nagoya.

1.12

The Buyer agrees that any rights not expressly granted herein are reserved by Japan Partner Inc..

1.13

The Buyer agrees to provide personal information that is current and accurate in the relevant registration form on the Seller’s website (www.japan-partner.com) and to update any such information in case of any change. 
The Seller will not be liable for any loss (incurred by the Buyer, the Seller or a third party) resulting from the Buyer’s failure to provide accurate information and keep the information on the relevant registration form up to date.

1.14

The Seller may terminate the Buyer’s user account at any time without providing any reasons.
Such action will of course not affect any contract of sale between the Seller and the Buyer.

1.15

The Buyer understands and agrees that any actions that infringe, or potentially infringe, upon the company’s assets or the company’s privacy are prohibited.
The Buyer also agrees not to harm or potentially harm the Seller or a third party. 
Moreover, the Buyer also agrees not to falsify or suppress the Seller’s or a third party’s information through the Buyer’s access to the Seller’s website.

1.16

The Buyer agrees to pay for any bank fees that arise in the Buyer’s dealings with the Seller.

1.17

In case the Seller is under an obligation to refund payments made by the Buyer the Seller is under no obligation to pay interests on funds held till the date of refund.

1.18

The Seller will not disclose the Buyer’s personal information to third parties, unless required to do so by law. The Seller is however not liable in case the Buyer’s information is illegally acquired by a third party.

1.19

Acceptable payment methods for services rendered by Japan Partner Inc are : Bank Transfer ( TT – telegraphic transfer), Credit card payment, Paypal payment, Western Union payment and cash payment at the premises of Japan Partner Inc. The Buyer agrees to pay for any transactional charges that arise in the Buyers dealings with the Seller. Only net amount (amount after transactional commission) will be credited toward the purchase for both Paypal and Credit card payments.  

1.20

In case of complaints and refunds, the refund process should be governed by the clauses 2.2.9, 2.2.15 and 3.1.4 of this agreement and should be processed by the account manager appointed from the beginning of the transaction with cc copy to info@japan-partner.com in case of email communication.  The buyer must provide details regarding goods in question and payments made while filing a complaint or request for refund.  The seller agrees to review the request within 3 working days upon written reception of such a request provided all needed details are submitted in written by the buyer

1.21

The Seller does not guarantee that the information provided on the Seller’s website or in the Seller’s correspondence or any other communication with the Buyer is accurate or correct due to the fact that the information is based on the third party’s source. However, the Seller will in good faith make best efforts to upload information as accurately as is available.

 

2. Terms and Conditions Governing Contracts of Sale between the Buyer and the Seller

2.1 Conclusion of Contracts

2.1.1

By clicking on the “PURCHASE NOW” button the Buyer expresses the intention to purchase the product or vehicle to which the “PURCHASE NOW” button refers. 
Once the Buyer has expressed such intention, the Buyer cannot revoke it unless no confirmation email, henceforth referred to as PURCHASE CONFIRMATION EMAIL (which contains the purchase price of the vehicle and, if applicable, shipping charges) has been sent out by the Seller within 10 days after which the mentioned intention has been expressed by clicking on the said button.

2.1.2

The contract between the Seller and the Buyer only becomes binding once the PURCHASE CONFIRMATION EMAIL has been sent out by Japan Partner, confirming the price of the purchased vehicle and, should the Buyer have asked for having the product shipped to a particular destination, the amount charged by the Seller for such shipment.

2.2 Terms of the Contract of Sale

2.2.1

The Buyer agrees to pay the amount specified in the PURCHASE CONFIRMATION EMAIL within 48 hours after the sales contract has been completed (in case a bank holiday falls within the 48 hour period in the Buyers country of residence, it will not count towards the specified 48 hour period. Payment has to be made by wire transfer only to Japan Partner Inc corporate bank account or cash payment to the accounting department at Japan Partner Inc headquarters. The Buyer also agrees to send Japan partner a copy of the remittance receipt either by email (a scanned copy) or by fax. The Buyer must write the Order Number and the Stock Number of the product ordered on the faxed or scanned and emailed document.

2.2.2

The Buyer agrees to send the copies of the document mentioned in 2.2.1 (remittance receipt) within the same time frame available to the Buyer, as agreed to by the Buyer in 2.2.1, to transfer the funds for the purchase of the vehicle and shipment (if applicable).

2.2.3

The Seller is under no obligation to deliver the product purchased by the Buyer unless the full payment for the product and shipment to the chosen destination (if applicable) has been received by Japan Partner.  The seller is not liable for any payments made to any bank accounts besides Japan Partner Inc corporate bank account, stated at www.japan-partner.com web-site (company profile section). 

2.2.4

In case the Buyer fails to transfer the purchase price of the product, and if applicable the shipping charges to the Buyer’s chosen destination, to the Seller’s bank account, within the period indicated in 2.2.1, then the Seller has the right to terminate the contract at any time, without giving notice to the Buyer.

2.2.5

In case the Buyer fails to send a copy of the remittance certificate to the Seller within the time period indicated in 2.2.2 then the Seller has the right to terminate the contract at any time, without giving notice to the Buyer.

2.2.6

In case the Buyer has transferred the purchase price, and if applicable the shipping charges, but the Seller, for whatever reasons, does not receive the payment from the Buyer equal to the amount indicated in the PURCHASE CONFIRMATION MAIL, within 12 days upon conclusion of the Contract of Sale (see 2.2.1) the Seller has the right to terminate the Contract of Sale at any time, without giving notice to the Buyer.

2.2.7

Should a situation occur that gives the Seller the right to terminate the contract, as outlined in 2.2.4 and 2.2.5 and 2.2.6, then the Seller also has the right to not terminate the contract, but fulfill all obligations the Seller would have had in case the money had been transferred to the Seller on time and/or the copy of the remittance certificate had been sent to the Seller on time.

2.2.8

If the Seller has reasonable suspicions that a fraud is being attempted by the Buyer, then the Seller has the right to terminate the Contract of Sale at any time, without giving notice to the Buyer.

2.2.9

The Seller will apply its best efforts to book space on the first available vessel bound for the Buyer’s chosen seaport and will - once the booking (or tentative booking) is made – inform the seller of the estimated delivery date and shipping company details. Shipping times to the Buyer’s country vary depending on availability of vessel space and also on the number of vessels scheduled to make port calls to the Buyers region.

The Seller does however reserve the right to change the delivery schedule at any time due to the transporter’s reasons within the time frame available before a refund can be demanded by the Buyer (see 2.2.22); to which any time it reasonably takes to ship a car to its destination from Japan has to be added. (This means that if it takes one month for a vessel from Japan to reach its destination abroad, then the Seller has the right to change the delivery schedule for said reasons, within a time frame of 6 months).

Moreover, the Seller also reserves the right to ship the purchased vehicle at any time within the timeframe before a refund can be demanded by the Buyer, if within reason and if the Seller’s decision is not contrary to good faith.

2.2.10

The Seller will arrange the shipping of the vehicle(s) purchased by the Buyer unless the Buyer instructs otherwise, by either Roll on / Roll off (RORO) method or in a container, which may be shipped with other vehicles purchased by other Buyers. The Seller is not liable for container unloading fees, customs duty, customs brokerage fees, storage fees. The Seller will first in good faith obtain permission from all Buying Parties before shipping a mixed load of vehicles to the port of destination.

2.2.11

The Buyer agrees that, for the purpose of shipping a car in a container, the Seller may detach certain parts from the car in order to make best possible use of container space. Usually the Seller only detaches the wheels of the car, but reserves the right to detach other parts of the car. All parts detached from the car will be shipped in the same container as the car.
Moreover, the Buyer agrees that for the purposes of shipping and making best possible use of the container space, the Seller may put the purchased vehicle on a wood structure, removal from which may require special tools or aids. The Buyer will also be responsible for any costs for unloading of the container in the port of destination.

2.2.12

The Buyer understands that unloading the car from the container may be potentially dangerous. The Buyer therefore agrees to unload the car in a safe way, without harming himself/herself or a third party, using appropriate equipment. If the Buyer does not have the relevant expertise to unload the car safely, without harming himself/herself or a third party, then the Buyer agrees to contract with a third party, who has such experience, to undertake the unloading of the cars.

2.2.13

The Seller will coordinate issuing Bill of Lading for the vehicles purchased by the Buyer.

2.2.14

The Seller will express mail shipping related documents to the Buyer once the shipping is arranged and shipping documents are issued and sent to the Seller by the shipping company or its agency.

The Seller will express mail the following documents to the Buyer:

1.    Bill of Lading

2.    Deregistration Certificate

3.    Translation for the deregistration certificate

4.    Invoice

5.    JAAI or any other inspection upon written request by the Buyer

6.    Engine or Chassis numbers upon written request by the Buyer.

The Seller is not liable for any expenses incurred by the Buyer, if the Buyer did not request the JAAI or any other inspections. The Seller can not provide inspection or Engine/Chassis numbers once the vehicle has been delivered to the port storage facilities for customs clearance at any Japanese port. The Seller is not liable for any incurred by Buyer expenses related to custom clearance, local registration and localization matters.

2.2.15

The Buyer accepts that all purchases are final and no refunds will be issued unless the Seller is unable to deliver a requested vehicle. This refund will be made by the Seller and the Seller will deduct any bank transfer fees, including currency conversion fees and banking fees incurred when the money was first transferred by the Buyer to the Seller, from the amount to be refunded. (See also 2.2.22)

In case the Buyer has made a payment for an order to the Seller and the Seller is in a position to deliver, cancellation of the order is only possible with permission of the Seller. Giving or withholding the permission to cancel is entirely at the discretion of the Seller. 
In case permission to cancel is granted by the Seller the Buyer agrees that a 400 USD cancellation charge applies, which will be deducted from any payment made by the Buyer. Moreover, the Buyer agrees that all other expenses incurred by the Seller in connection with the order the Buyer wishes to cancel, may be deducted by the Seller from any payments made by the Buyer to the Seller.

2.2.16

The Buyer must provide the Seller with CORRECT consignee information (Name, Address, Phone number that will be written on the Bill of Lading). 
The Buyer will be held responsible for any costs incurred by making requests to amend the Bill of Lading that are incurred when changing the consignee name, addresses or the like.
The person or company that will receive the vehicle at the port of destination must be the consignee on the bill of lading. The Buyer is responsible for any costs incurred for changes to the Bill of Lading once it has been issued... Once the documents leave the Seller’s office the Seller is no longer responsible for the documents.

2.2.17

The Buyer will provide the Seller with CORRECT mailing address where the shipping related documents will be forwarded.

2.2.18

The Buyer is responsible for fully investigating and inspecting all related documents and descriptions of the vehicle before purchasing.

The Buyer is also responsible for investigating and understanding all import laws and registration regulations set forth by the Buyer’s State or Local governments. Japan Partner has no knowledge of the rules and regulations of the Buyer’s country (or the country to which the Buyer ask the purchased vehicle to be shipped) and will therefore not be held liable for issues arising out of non-compliance with import laws, rules and regulations.

The Buyer must fully investigate and ensure that the purchased vehicle(s) comply(s) with import regulations of the Buyer’s country. This includes, but is not be limited to, items such as the steering wheel on the left or right hand side, year of manufacture and all other safety compliance standards.

The Buyer agrees to pay any import tax.

The Buyer understands and agrees that the Seller is not liable for charges or fines that may arise in connection with the export/import of the car purchased by the Buyer. 
The Buyer agrees to be liable for any charges or fines that may arise in connection with the export/import of the car purchased by the Buyer. 
The Buyer also agrees to be liable for any charges and/or damage incurred by the Seller in connection with the export of the car purchased by the Buyer.

2.2.19

The Buyer understands that the vehicle sold is used, i.e. pre-owned or in another stated condition, with all consequent details or conditions. The buyer is requested to fully check each vehicle’s condition to the best of their ability and accept the vehicle being purchased as it is stated on our website.
The Buyer agrees to accept the quality of the vehicle as depicted on the relevant pictures on the Seller’s website. The Buyer understands that pictures, by their nature, can only reflect the state of the car to a limited extent. The Buyer therefore agrees to contact Japan Partner prior to purchasing the vehicle should he or she have any questions concerning the quality of the vehicle. 
The Seller aims to deliver cars with a good quality but is not liable for any quality issues that may arise after the vehicle has been delivered to port storage for Customs Clearance at any Japanese port.

2.2.21

The Buyer agrees that the Seller is not liable for any defects, and damage or loss resulting thereof, that are the responsibility of the manufacturer. It is the Buyers responsibility to resolve such issues.

2.2.20

The Seller is not liable for ANY damage or loss that may occur after the ownership of the car has passed to the Buyer.

2.2.22

In case the Seller is unable to ship the car for the reasons mentioned in 2.2.15 and 2.2.22, the Buyer agrees to accept a replacement vehicle that is similar to the vehicle the Buyer wanted to purchase initially. “Similar” for the purpose of this section of the agreement means the same vehicle model.
Furthermore the following points shall serve as non-biding guidelines in determining similarity:

·       Color

·       Mileage

·       Condition

2.2.23

In case the Buyer decides not to ask the Seller to make arrangements for shipping the purchased product the Buyer has to pick up the vehicle immediately, unless otherwise agreed with the Seller (any such agreement needs to be in writing). 
The seller may scrap the vehicle if the Buyer has not picked up the purchased vehicle within 6 months after the sales contract has been concluded. 
In such an event, the Seller shall not be able to claim any compensation whatsoever.

2.2.24

In case the Seller discovers any additional information about, or pertaining to, the previous owner(s) of the vehicle purchased by the Buyer, or any documents pertaining to the vehicle purchased by the Buyer, the Buyer may only use such information to change the ownership status of the car. Disclosure of the above-mentioned information to a third party is not permitted for any other purposes than changing the ownership status.

2.2.25

The Buyer agrees that the Seller shall not be liable to the Buyer for any damage caused by events that go beyond the reasonable control of the Seller. Such events include, but are not limited to, acts of God, storm, downpour, flood, earthquake, war or riot, labor actions and acts of terror. (See 2.2.19)

2.2.26

The Buyer agrees that all ownership rights in the purchased vehicle will pass to the Buyer once the vehicle has either been loaded on the vessel, i.e. once it has passed the railing of the ship here in Japan or, alternatively, once the vehicle has been handed over to the Buyer or his/her agent here in Japan.

2.2.27

The Buyer agrees that the Seller is not liable for any minor damage to the vehicle (e.g. scratches and dents) that may occur while the purchased vehicle is loaded into a container in order to ship it to the Buyer, or while the vehicle is being transferred to the port and/or while the purchased vehicle is being loaded onto the vessel.

2.2.28

The Buyer agrees that he will notify the Seller about any items he believes to be missing (i.e. which should have been shipped but were not shipped) within 30 days of having taken delivery of his purchase.

If the Buyer does not notify the Seller within 30 days of having taken delivery of his purchase of missing items which should have been delivered together with the items actually delivered, then the Buyer has no legal right to insist on any of the following:

·       delivery of the missing items

·       any kind of compensation for the missing items 

 

3. Terms and Conditions Governing Contracts of Service between Buyer and Seller

3.1 General Terms

3.1.1

The Buyer agrees to make full payment for the service or services he contracted for with the Seller within 48 hours of concluding the Contract of Service.

3.1.2

The Buyer understands that the Seller is under no obligation to render any service to the Buyer before the Seller has received all of the contractually agreed payment.

3.1.3

Contracts of Service may only be concluded in writing.

3.1.4

Once the Seller has commenced performance of the agreed service or an essential part of the service and is of the opinion that he can render the agreed service within 12 months of the receipt of agreed payment, then he is under no obligation to make a refund for a period of 12 months from receipt of payment.

3.1.5

If the Seller is not able to perform the service within 12 months from the day of receipt of payment then he is entitled to claim from the Buyer reasonable compensation for all efforts undertaken when rendering or trying to render the service.

3.1.6

The Seller has the right to cease rendering the agreed service at any time and may claim reasonable compensation for all those efforts that were undertaken when rendering or trying to render the service.

3. 2 Specific Terms – Auction Services

3.2.1

The Seller is not responsible for the condition of the vehicle(s) (or other product) purchased on behalf of the Buyer.

3.2.2

The Buyer agrees that in case full payment for a vehicle (or other product) purchased by the Seller on the Buyer`s behalf has not been completed within 48 hours (counting from the point in time when the Seller notified the Buyer of the purchase by means the Seller deemed appropriate) a penalty charge of 100 USD per day will apply. This penalty charge may be deducted from the deposit paid to the Seller by the Buyer. 
If full payment for the vehicle purchased by the Seller on the Buyer`s behalf has not been received by the Seller within 8 days the deposit made by the Buyer to the Seller is forfeited and cannot be claimed back by the Buyer. Moreover, the Buyer also agrees that after said 8 day period has expired, the Seller has the right to resell the purchased vehicle and deduct any expenses incurred when purchasing the vehicle and reselling the vehicle from the proceeds of reselling said vehicle.

3.3 Specific Terms - Dismantling Services

3.3.1

The Seller is not responsible for the condition of the dismantled vehicle(s) and the condition of the parts that belonged to the dismantled vehicle(s).

3.3.2

The Buyer agrees that he will notify the Seller about any items he believes to be missing (i.e. which should have been shipped but were not shipped) within 30 days of having taken delivery of the items.

If the Buyer does not notify the Seller within 30 days of having taken delivery of his purchase  of missing items which should have been delivered together with the items actually delivered, then the Buyer has no legal right to insist on any of the following:

·       delivery of the missing items

·       any kind of compensation for the missing items

4. Additional Terms and Conditions

4.1

Additional terms and conditions may be introduced by the Seller through statements on the Seller’s website (www.japan-partner.com), or in written correspondence between the Seller and the Buyer.

4.2

Existing terms may also be varied by postings on the Seller’s website (www.japan-partner.com), or by written correspondence between the Seller and the Buyer.

4.3

Introduction of new terms or variations of existing terms, which have been communicated as outlined in 3.1 and 3.2 take effect in accordance with the provisions in 1.21.3 and 1.4.



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