TERMS OF TRADE WITH GET CARS JAPAN
- 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.
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 unless an exception has been granted.
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.
- 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.
- DEPOSIT PAYMENT
- i) Deposit Amount And Remittance Method
The CLIENT must pay a deposit of ￥100,000. This must be remitted by Bank
Telegraphic Transfer to the bank account designated by GCJ, or by Paypal. In certain cases GCJ may make exceptions at our sole discretion and allow a customer to bid without a deposit.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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).
- 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.
Should the CLIENT’s country of import have an age restriction on importable vehicles, it is the CLIENT’s sole responsibility to check the month of production before entering bids. In the event that the CLIENT enters a bid on a vehicle that is unable to be imported and GCJ subsequently buys said vehicle, GCJ will sell the vehicle in the auctions and the CLIENT will be fully responsible for any losses incurred.
- 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 on vehicles for RORO (Roll On Roll Off shipping) at the following rates. Other charges apply for container shipping.
Type 1 (Discounted rate for speedy payments)
￥65,000 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 (Standard rate)
￥85,000 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 4% surcharge on the sale amount.
- ii) Negotiation purchases
Vehicles purchased by negotiation will be subject to an additional negotiation fee of \10,000.
iii) Overdue accounts
Accounts not paid by 3pm (Japan time) on the following Friday will be subject to a daily late fee [See section 16 v for more information].
Customers with overdue accounts may not bid until the account is paid in full.
- iv) 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.
- v) 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.
- vi) 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.
vii) 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.
- 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.
- 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.
- 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
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.
- 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
- 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.