Condiciones

TERMS OF TRADE WITH GET CARS JAPAN

1. THE CONTRACT
In undertaking to carry on business with Get Cars Japan (GCJ), the prospective
CLIENT must agree to the terms and conditions set out in these Terms of Trade.
These Terms of Trade form the contract that represents the complete expression
of all rights and obligations between the GCJ and the CLIENT, and supersedes
any and all previous oral and written agreements and understandings between
them, which are hereby rendered null and void.
2. MEMBERSHIP
GCJ only trades with individuals or companies it has registered as members.
Membership is available only to individuals and companies, who are able to
enter into legally binding contracts. By agreeing to this contract the prospective
CLIENT warrants that the prospective CLIENT is either:
● an adult with the legal capacity to enter into binding contracts; or
● an incorporated body with the legal capacity to enter into binding contracts.
The CLIENT is liable for all costs, charges and fees payable under this contract.
3. BECOMING A GET CARS JAPAN MEMBER
i) Applying For Membership
Prospective CLIENTs must:
● send GCJ their name, address, and contact details;
● agree to these Terms of Trade; and
● send GCJ a deposit.
GCJ will then consider the prospective CLIENT’s application and decide
whether or not to grant membership to the applicant or not.
ii) Gaining Membership
If GCJ accepts the prospective CLIENT’s application, it will create an account
for this new CLIENT and send the CLIENT the user name and password
required to access GCJ’s online facilities and carry on business with GCJ.
4. COMPLETING THE APPLICATION FORM

Applying For Membership and Agreeing To the Terms of
Trade
By paying a deposit and registering their details, the prospective CLIENT
warrants that the information he or she has entered therein is both full and
accurate, and that the CLIENT both fully accepts and agrees to be bound by all
the terms and conditions set forth in these Terms of Trade.
5. DEPOSIT PAYMENT
i) Deposit Amount And Remittance Method
The CLIENT must pay a deposit of ¥30,000. This must be remitted by Bank
Telegraphic Transfer to the bank account designated by GCJ, or by Paypal.
ii) Returning The Deposit
This deposit is not a membership fee. It can be refunded at the CLIENT ‘s
written request received via email, fax or postal mail at any time.
GCJ will remit the deposit after deducting any monies owed to the company by
the CLIENT.
6. INACTIVE ACCOUNTS
Removing Inactive Accounts
From time to time, GCJ will review the status of clients’ accounts. Where the
CLIENT ‘s account has been inactive for a period of time, GCJ will attempt to
contact the CLIENT and decide whether to allow the CLIENT ‘s account to
remain active or not. The decision to remove inactive accounts is taken at the
sole discretion of GCJ.
7. SECURITY AND CONFIDENTIALITY
i) The Company’s Obligations
GCJ agrees to take all reasonable steps to ensure that information provided by

 

the CLIENT and information related to the CLIENT’s business dealings with
GCJ are held in a secure fashion both on and off line. GCJ also undertakes to
preserve strict confidence in its dealings with the CLIENT. However, GCJ will
not be held liable in this where GCJ is compelled to reveal information related
to the CLIENT or the CLIENT’s business dealings with GCJ by an order from a
government body, a legal injunction or any other similar instrument.
ii) The Member’s Obligations
GCJ will allow the CLIENT to register a user name and password by which the
CLIENT may gain access to the GCJ’s online facilities. It is the sole
responsibility of the CLIENT to hold this user name and password in a secure
fashion. Only the designated CLIENT is permitted to use the user name and
password provided to the CLIENT by GCJ to access its online facilities. GCJ will
not be held liable for any losses or damages, whether direct or indirect, arising
either from the CLIENT’s failure to hold his or her user name and or password
securely, or from the CLIENT permitting a third party or parties access to the
GCJ’s online facilities via the CLIENT ‘s user name and password. Furthermore,
GCJ reserves the right in its sole discretion to remove the CLIENT’s account and
retain the CLIENT’s deposit if it finds reasonable evidence that the CLIENT’s
account is being used by automated systems or by persons other than the
CLIENT.
8. PURCHASING VEHICLES THROUGH THE ONLINE
AUCTION
i) Proxy Bids
The online facilities provided by GCJ allow the CLIENT to search and place
proxy bids on vehicles in auctions all over Japan. GCJ will then place the actual
bids on the vehicles designated by the CLIENT’s proxy bids through GCJ’s
bidding facilities with the auctions themselves. However, the decision
concerning whether to enter actual bids at the auctions themselves in response
to proxy bids entered by the CLIENT shall be at the sole discretion of GCJ.
GCJ will bid up to the proxy bid amount specified by the CLIENT unless the
CLIENT has given prior written permission to GCJ allowing GCJ to go over this
bid by a specified amount.

 

ii) Proxy Bids And Commitment To Complete Purchase
By placing a proxy bid on a particular vehicle through GCJ’s online auction
facilities, the CLIENT is agreeing to purchase that vehicle from GCJ, paying the
full auction price of the vehicle itself along with all fees and charges outlined in
these Terms of Trade in the event that the CLIENT’s proxy bid amount is
sufficient to be successful in securing this vehicle at auction.
However, the CLIENT can also designate as a group two or more vehicles that
the CLIENT has placed proxy bids on. GCJ will then bid on the vehicles in this
group in the order in which they come up for auction and will cancel any
outstanding proxy bids for other vehicles in this group in the event that GCJ is
successful in purchasing one. In this case, the CLIENT shall only be liable for
paying the cost and all associated fees for the single vehicle from the group
actually purchased at auction on the CLIENT’s behalf.
iii) Cancellation of Proxy Bids
The CLIENT may ask GCJ to cancel a proxy bid at any time during the day on
which the auction is held. However, although GCJ will make reasonable effort to
ensure that a bid is not entered at auction for a vehicle on which the CLIENT
has canceled the proxy bid in GCJ’s online facilities, GCJ will not be held
responsible for purchasing a vehicle on behalf of the CLIENT where the proxy
bid on that vehicle was canceled by the CLIENT after 09:00 (9:00 am) Japan
Standard Time on the day this vehicle was being auctioned. In this case, the
CLIENT will pay the whole cost of the vehicle and all associated charges as
stipulated in these Terms of Trade in the event that GCJ purchases this vehicle
on the CLIENT ‘s behalf.
9. VEHICLE DESCRIPTIONS AND ACTUAL
CONDITION
i) Vehicle Descriptions
GCJ undertakes to ship vehicles from Japan in the condition they are described
as being in GCJ’s online facilities. The information concerning the state of the
vehicles is received from the various auctions in Japan of which GCJ is a
member. This information is then displayed on an “as is” basis through GCJ’s

 

online facilities. Although GCJ generally does not inspect vehicles directly prior
to auctioning, it may be possible to arrange inspections on special request
depending on the location of the auction.
ii) English Translations
On request, GCJ may provide an English translation of the pertinent sections of
the auction sheet supplied by the original auction at no additional charge for
vehicles on which the CLIENT has placed a proxy bid.
iii) Requests For Additional Information
Where the auction sheet is not clear about a particular aspect of a vehicle, or if
the CLIENT has an additional question regarding a particular vehicle that
cannot be answered using public domain sources such as the Internet, the
CLIENT may request that GCJ approach the auction directly for additional
information. In this case GCJ agrees to make a reasonable attempt to acquire
the requested information, and to provide a true and accurate translation of this
information to the CLIENT.
iv) GCJ’s Liability for Damage or Defects
GCJ will make every effort to deal only with reputable auctions and to
communicate information regarding the condition of vehicles to the CLIENT in
an honest and accurate fashion.
However, GCJ will not be held liable for any defects in the vehicle that were not
specifically mentioned by the auction company, whether in the auction sheet or
during the course of direct communication with the auction company.
Furthermore, GCJ will not be held liable for any damage or loss that occurs after
the vehicle is loaded on the ship for international shipping.
10. CLAIMS ARISING FROM THE CONDITION OF
THE VEHICLE
i) How to Make Claims
All claims arising from the condition of the vehicle must be made within 14 days
of the vehicle arriving at the foreign port designated by the CLIENT. Any claim
should be made in writing via regular mail, fax or email. This written claim must

 

contain the following information:
● Details of the statement made by GCJ in regard to the condition of the vehicle
that the CLIENT alleges was false.
● Details of the specific alleged defects in the vehicle. Where pertinent to the
type of alleged damage, this should also include high-quality digital
photographs of the damage in question.
● An independent assessment of the alleged defect written in English by an
accredited vehicle repair specialist. This report will be obtained at the CLIENT’s
expense.
GCJ will provide an English translation of any Japanese documents relevant to
the claim and have them produced by a qualified independent translator of
GCJ’s choosing. GCJ will make copies of these relevant original documents and
their translations available to the CLIENT.
ii) Limitations on Vehicles That Can Be the Subject of Claims
The COMPANY will not entertain claims concerning the mechanical, body or
interior condition of the vehicle with regard to:
● Grade ***, RA, 0 (zero), or A vehicles.
● Grade 1, 2, 3 vehicles.
● Vehicles over 10 years old, regardless of grade.
● Vehicles with over 100,000 km in mileage, regardless of grade.
● Vehicles transported by container shipping.
GCJ will not entertain claims concerning the damage of or loss of:
● In-car entertainment system components.
● Car navigation system components and associated display screens.
● Items not affixed directly to the vehicle itself.
GCJ will also not entertain claims that are not submitted following the
procedures outlined above.
iii) Settlement Of Claims And Limitation Of Liability
GCJ and the CLIENT will settle any legitimate claims correctly submitted by the
CLIENT through negotiation in good faith as speedily as reasonably possible,
with GCJ’s maximum liability being capped at 50% of the price paid for the
vehicle at auction plus 100% of the commission received by GCJ in respect of
the vehicle(s).

 

11. IMPORT REGULATIONS AND COMPLIANCE
The Client’s Responsibilities
It is the sole responsibility of the CLIENT to research and remain in compliance
with all regulations and restrictions connected with importing the vehicle into
the country specified by the CLIENT. GCJ will not be responsible for carrying
out any of this research or taking any measures necessary to ensure this
compliance. Furthermore, GCJ does not warrant the accuracy of any
information or advice it might tender to the CLIENT in regard to the nature of
these regulations.
12. FEES AND CHARGES PAYABLE TO GCJ
In addition to the actual price of the vehicle as purchased at auction, GCJ will
also charge the CLIENT the following fees:
i) Commission
GCJ will charge commission at the following rates.
Type 1
¥60,000 per vehicle + 2% of the cost of the vehicle when the auction purchase
price exceeds ¥700 000.
For type 1, payment for the full auction price of the vehicle itself is received by
the end of the third working day after the day of the auction in which the vehicle
was purchased.
Type 2
¥75,000 per vehicle + 2% of the cost of the vehicle when the auction purchase
price exceeds ¥700 000.
For type 2, the CLIENT has until Friday of the following week to make payment.
Payment is determined by the date on which the payment arrives in the bank
account specified by GCJ.
It is the sole responsibility of the CLIENT to ensure that monies are transferred
in sufficient time.
Note: For vehicles where the auction sale value exceeds 1,500,000yen, there
will be a 5% surcharge on the sale amount.

 

ii) Overdue accounts
Accounts not received by 3pm (Japan time) on the following Friday will be
subject to a daily late fee of 300yen per overdue invoice.
Customers with overdue accounts may not bid until the account is paid in full.
[See section 16 v for further details].
iii) Shipping and Transportation Costs of Vehicles
The CLIENT will pay the whole cost of transportation of vehicles within Japan
and any international shipping for vehicles purchased at auction on the
CLIENT’s behalf.
GCJ will make reasonable effort to ensure that the internal transportation
within Japan and the international shipping from Japan for vehicles purchased
at auction on behalf of the CLIENT is both the most speedy and cost-effective
option available.
However, with regard to international shipping, GCJ reserves the right to put
the process of attempting to secure a place for a vehicle on a ship on hold in the
event that the CLIENT has not made any payment against the vehicle in
question.
GCJ will not accept any responsibility for delays in transporting or shipping
vehicles due to factors beyond its control including, but not limited to, lack of
space on ships due to pressure of traffic to a particular destination.
The CLIENT can request one of the following shipping options for each vehicle:
FOB (Free On Board)
FOB shipping includes the cost of customs and internal transportation
procedures in Japan up until the point the vehicle is placed on a ship to be
transported to the foreign port specified by the CLIENT. (The CLIENT will pay
the international shipping charges directly to the shipping line on collection of
the vehicle.)
C&F (Cost And Freight)
C&F shipping includes the cost of customs and internal transportation
procedures in Japan, along with the cost of the international shipping of the

vehicle from the port in Japan to the foreign port specified by the CLIENT.
CIF (Cost / Insurance / Freight)
CIF shipping includes the cost of customs and internal transportation
procedures in Japan, the cost of marine insurance for the vehicle, along with the
cost of the international shipping of the vehicle from the port in Japan to the
foreign port specified by the CLIENT.
GCJ will ship all vehicles by FOB unless it receives a specific request from the
CLIENT to use C&F or CIF shipping methods within a reasonable period of time
before shipping is booked. In the case of vehicles to be shipped by C&F or CIF
methods, the cost of the international shipping for a particular vehicle shall be
notified to the CLIENT as soon as possible after it has been booked. The
payment for international shipping must be received in full by the time the BL
(Bill of Lading) for the vehicle is ready.
Vehicles purchased at auction on behalf of the CLIENT will be shipped to the
country and port specified by the CLIENT in the records held by GCJ. It is the
sole obligation of the CLIENT to ensure that this information is correct and
up-to-date.
iv) Storage Fees And Conditions
General Policy On Storage Fees
The CLIENT will not be charged storage fees for any period during which the
vehicle remains in Japan while GCJ attempts to secure a place for it on a ship.
In cases where the vehicle is left at a port for over one month due to any reason
that is CLIENT related, additional daily storage charges apply.
Depending on the port this ranges from 200yen to 800yen per day.
v) Photographs
Where the CLIENT requests extra photographs to be taken of a vehicle after
purchase (in addition to those that can be viewed on the auction page), GCJ will
provide the CLIENT with up to 10 (ten) photographs of any car purchased by
GCJ on behalf of the CLIENT.
vi) Other Charges And Fees
GCJ will charge the CLIENT the cost of any additional services requested by the

 

 

CLIENT, or the cost of additional services required for the processing and
transport of a vehicle purchased on behalf of the CLIENT.
13. PAYMENT METHODS
i) Payments By The Member
The CLIENT will make payment for the vehicles and services provided by GCJ
according to the terms and schedules stipulated in these Terms of Trade. These
payments will be made by the CLIENT via Bank Telegraphic Transfer to a bank
account specified by GCJ. All payments will be made in Japanese Yen. Any
charges incurred as part of the international transfer process, including those
made by GCJ’s own bank for receiving and converting transferred monies, will
be borne by the CLIENT. It is the CLIENT’s responsibility to take these costs
into account when making the transfer. A telegraphic transfer fee of 4000yen
will appear on the final invoice sent to the client as “Bank Charges”, and is NOT
included in the FOB amount.
ii) Receiving Account Details
GCJ agrees to take reasonable steps to ensure that the details of bank accounts
available for receiving payment are up-to-date and available to the CLIENT.
14. OWNERSHIP OF VEHICLES BOUGHT ON
BEHALF OF THE CLIENT
A vehicle purchased at auction following a proxy bid placed by the CLIENT
through GCJ’s online auction facilities will remain the sole property of GCJ until
full payment for the cost of purchase of the vehicle and all other charges related
to this vehicle and its export has been received from the CLIENT. At this point,
the ownership of the vehicle shall pass to the CLIENT.
15. DOCUMENTATION
i) Documentation Transferred
GCJ will send the following documentation to the CLIENT for a vehicle the
ownership of which it has transferred to the CLIENT as soon as possible after
this documentation is available.

 

 

● A paper invoice for the transaction.
● The Bill of Lading (BL).
● Registration Cancellation Certificate (also referred to as the Export
Certificate).
● (English translation of the Registration and Registration Cancellation
Certificate will be provided only in the event that this additional documentation
is required by the country the CLIENT is importing the vehicle into.)
Where the vehicle is being shipped by CIF, GCJ shall send the Marine Insurance
Certificate to the CLIENT as soon as it is available.
ii) Sending Documentation
All documentation will be sent to the CLIENT via a tracked, insured airmail
postal service. This will usually be the EMS service supplied by the Japanese
Post Office, where it is available to send items to the country specified by the
CLIENT.
In the event that the EMS service is not available for the destination the CLIENT
requires documentation to be sent to, GCJ will use FedEx, DHL or another
similar service. GCJ will pay for postage in the above cases.
In cases where EMS is available but the customer requests a private courier
(DHL, UPS, FedEx etc), the customer will be asked to pay 5000yen.
iii) Provision of The Correct Address & Damage Or Loss Of
Documentation
It is the sole responsibility of the CLIENT to ensure that GCJ has the correct
details of the address to which documentation should be sent. GCJ will not be
held liable for any delays or losses as a result of the CLIENT ‘s failure to provide
a correct address for sending documentation. GCJ will also not be liable in the
event that these documents are lost, damaged, destroyed or delayed in transit.
iv) Changes To The Bill Of Lading
The CLIENT may request changes to the details listed in the Bill of Lading (BL)
for a particular vehicle. In the event that the changes are not the result of error
or negligence on the part of GCJ, the CLIENT will pay an additional fee of

 

 

¥5,000 per Bill of Lading (BL) amended, irrespective of the extent of the
alterations.
16. PENALTIES
i) Order Cancellations Prior To Shipping
GCJ in its sole discretion may permit the CLIENT to cancel an order for a
vehicle purchased on the CLIENT’s behalf at any time between the moment the
vehicle is purchased at auction and the time at which the international shipping
to transport this vehicle is booked. Any such cancellation must be made in
writing via fax, regular mail or email. However, in the case of such a cancellation,
GCJ will levy a cancellation fee of ¥100,000 plus 20% of the auction purchase
price of the vehicle itself.
Cancellation fees must be accredited to GCJ’s bank account by 14 days after the
date on which GCJ received the notice of cancellation from the CLIENT.
Where the CLIENT has canceled a vehicle and paid the cancellation fee within
the period specified above, the ownership of the vehicle shall remain with GCJ
and the CLIENT shall not be held liable for any further charges or costs in
relation to this vehicle.
If the CLIENT gives notice of cancellation in accordance with the above but does
not send the full cancellation fee within the specified time period, the order for
the vehicle will not be canceled and the CLIENT will remain liable for the full
cost of the vehicle along with all associated charges and fees as stipulated in
these Terms of Trade.
ii) Order Cancellations After Shipping Has Been Booked
GCJ will not accept a cancellation request for a vehicle purchased at auction on
the CLIENT’s behalf after the time at which this vehicle is booked on a ship for
international transportation from Japan. In this case, the CLIENT will be liable
to pay the full cost of the vehicle and all other fees and charges related to the
purchase of this vehicle as stipulated in these Terms of Trade.
iii) Suspension of Bidding Privileges
GCJ in its sole discretion may choose to suspend the CLIENT’s ability to place

 

proxy bids on vehicles through GCJ’s online facilities where GCJ has reason to
believe that the MEMBER has violated any provision of these Terms of Trade.
iv) Revocation of Membership
GCJ in its sole discretion may choose to revoke the CLIENT’s access to GCJ’s
online facilities where GCJ has reason to believe that the CLIENT has violated
any provision of these Terms of Trade. In this case, GCJ in its sole discretion
will decide whether to return any portion of the CLIENT ‘s deposit.
v) Penalties for Late Payment
The CLIENT will pay all costs and fees promptly and in accordance with the
provisions of these Terms of Trade.
In the event that the CLIENT fails to pay in full by the end of business on the
Friday of the week after the purchase occurred, GCJ will consider the CLIENT to
have violated these Terms of Trade and to be in default. GCJ will immediately
suspend the CLIENT ‘s ability to place proxy bids through the online system,
will cease processing of all vehicles purchased on behalf of the CLIENT, and will
take all appropriate measures at its disposal to secure full payment.
Interest will be charged on all monies the payment of which the CLIENT is
deemed to be in default on at a rate of 12% per annum from the date at which
the default first occurred until the date at which the money is either paid by the
CLIENT or otherwise recovered from the CLIENT by GCJ or its representatives
17. RESOLUTION OF DISPUTES
GCJ and the CLIENT undertake to make reasonable efforts to resolve any
disputes arising in their relationship following the provisions of these Terms of
Trade. In the event that the issues in question are not covered by these Terms of
Trade, GCJ and the CLIENT agree to make every effort to resolve the dispute
through mutual negotiation in good faith.
In the event that reasonable attempts at negotiation fail and one or both parties
decide to take recourse to legal action, this legal action shall be brought under
Japanese Law in the Kobe District Court.