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[ 1 ] Individual
Contract
Quantity, price, date of delivery, method of payment and other detailed
terms and conditions shall be stated in sales note stipulated in Article
1. of this Sales Note, and such terms and conditions shall be finally binding
upon both the parties. The buyer shall pay remit a down payment equivalent
to ( 100% ) of the afore-mentioned price for the goods to the bank account
designated by the seller within ( 2 ) day from the effective date of this
contract. Because the seller do not support any import procedure,
the buyer is responsible for any necessary procedures, or any transfers,
or any modifications for them to import the car. "USD " means
the lawful currency of the United States of America.
[ 2 ] Order
Any order shall not be binding unless and until accepted by Seller at its
discretion.
[ 3 ] Increased Costs
If Seller's costs of performance are increased after the date of
the contract by reason of increased freight rates, taxes or other governmental
charges, and insurance rates including war risk, Buyer shall reimburse Seller
for such increased cost or loss of income.
[ 4 ]
Inspection
Seller shall, before shipment, make inspection of the
goods especially in respect of specification, quality and condition of the
goods. Unless otherwise arranged, the inspection by Seller shall be final in all
respects regarding the goods.
[ 5 ] Carrying Boat
In case of F.O.B. terms, the Seller is not required to appoint any steamship
company, carrier or vessel for shipment. But if the Seller should make
such an appointment, the Seller is not responsible for late shipment due
to delay or cancellation of such carrying boat. Further if requested by
the Seller, the Buyer shall unconditionally amend the Letter of Credit
and take full responsibility so that the Seller can make the necessary
procedure to fulfil such shipment.
[ 6 ] Insurance & Fright
Insurance
shall be effected by the Seller at one hundred ten percent (110%) of the invoice
amount in case of CIF or C&I terms. War risk and / or any other risk
additional to the foregoing shall be covered only at the specific request of the
Buyer and at the Buyer's expense. Any unforeseen increase in freight and / or
insurance premium subsequent to the date of this contract shall be for the
Buyer's account.
[ 7 ] Assignment
Neither party hereto
may assign to any third party this contract or any right or obligation under
this Agreement, without prior written concent from the other party.
[
8 ] Warranty
Any and all other warranties, express or implied,
including but not limited to any implied warranty of merchantability or fitness
for use of the goods, are hereby expressly disclaimed by the
Seller.
[ 9 ] Claim against the Seller
Any claim of any
sort shall not be alleged against the Seller arising from the use of information
disclosed by the Seller in accordance with the terms of this contract whether
such information is accurate or not.
[ 10 ] Failure by
Buyer
If Buyer fails to perform any of its obligations of this
contract, or in the event of demise, bankruptcy or insolvency of Buyer,
dissolution or modifications of buyer or non-payment for the goods shipped,
Seller shall have the right to cancel this contract with Buyer or to postpone
the shipment, or to stop the goods in transit, and Buyer shall reimburse Seller
for any loss, damage and expense sustained therefrom.
[ 11 ] Expenses
Buyer
shall bear any expense relating to the payment to Seller under this contract,
including Japanese withholding tax and bank charges.
[ 12 ]
Patents
Buyer shall hold Seller harmless from liability, loss or
expense in connection with any alleged infringement with regard to any patent,
trademark, copyright, design, pattern, etc., in any country.
[ 13 ]
Force Majeure
In the event of Act of God, government orders or
restraints, war or warlike conditions, blockage, hostilities, revolution,
strikes, lockout, civil commotions, fire, flood, epidemics, breakdown, or
accident or course of preparation or transportation of the goods, or of any
other occurrence beyond Seller's control, Seller shall not be liable for
non-delivery or delay in performance of the contract caused directly or
indirectly thereby, in which case Buyer shall accept the delayed shipment or the
cancellation of all or any part of the contract.
[ 14 ]
Jurisdiction
The parties hereto shall submit to the exclusive
jurisdiction of the Tokyo District Court of Japan with respect to any dispute
arising from this contract.
[ 15 ] Arbitration
All
disputes, controversies, or differences which may arise between the parties
hereto, out of or in relation to or in connection with the contract, shall be
finally settled by arbitration in Japan in accordance with the Commercial
Arbitration Rules of The Japan Commercial Arbitration Association. The award
rendered by the arbitrator shall be final and binding upon both
parties.
[ 16 ] Confidentiality
Without prior written
consent from the other party, neither party hereto may disclose to any third
party the Confidential Information received from the other party in the course
of performance of this contract.
[ 17 ] Entire
Agreement
This contract constitutes the entire agreement between the
parties hereto with respect to the subject matter hereof and supersedes all
prior agreements or understandings, expressed or implied, between the parties
hereto.
[ 18 ] Governing Law
This contract shall be
governed by and construed in accordance with the laws of Japan.
[ 19
] Amendment
This contract may not be amended except in writing
signed by both parties.
[ 20 ] Notice
All notice required
hereunder shall be in writing and shall be sent by registered airmail,
cable,telex or facsimile (and confirmed by registered airmail dispatched within
three (3) days) to the addresses of the parties hereto shown in the beginning
hereof. Notice given by airmail is deemed to be delivered to the recipient party
seven (7) days from the dispatch thereof, and notice given by any means other
than airmail is deemed to be delivered at the time of dispatch.
[ 21
] Waiver
No waiver of any right hereunder shall be deemed to be a
waiver of the same right on any other occasion. Remedies contained herein shall
be cumulative, but not alternative.
[ 22 ]
Severability
If any provision of this contract is later held
invalid, the remaining provisions shall continue to be valid.
[ 23 ]
Headings
The headings of the provisions in this contract are for
convenience only and have no influence on the interpretation of the
provisions.
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Additional Terms and Conditions of the Parts for
above
All orders placed with J's Garage Export Co., Ltd. (phone, fax, mail, &
e-mail) constitutes the acknowledgement and acceptance of all conditions
listed on J's Garege's Price List, J's Garage's Export Co., Ltd Terms &
Conditions, and all conditions listed below. All parts shall remain the
property of J's Garage Export Co., Ltd. until paid for in full. All prices,
materials, designe, and specifications are subject to change without notice.
Most products and modifications are designed for
off-road use only and may be in violation of local or others regulations for
public highway use. We recommend that you check with your local or others
authority prior to ordering these producs to see if they are legal for highway
use in your area. Also some modifications may void your factory warranty on new
vehicles. All products shown and depicted on this website are to be used in a
safe and legal manner. We are not responsible for typographical errors and
specification may be changed without notice.
No warranty whatsoever will be valid if the defect was caused by customer's
abuse, negligence, or mishandling. All merchandise sold by J's Garage Export
Co., Ltd. is only subject to manufacturer's warranty and conditions, if
any, and is subject to submission to the manufacturer for inspection and
approval for repair or replacement of merchandise. Customer, however, will
be responsible for all shipping and handling fees.No labor or inconvenience
may be included in any warranty claims. There is no warranty on lights,
light bulbs, decals, electrical parts, and engine parts.
All parts
must be prepaid for in advance. There is no return or exchange for order items.
We will do our best to provide you with the necessary information to help assist
you in your decision, but we will not be responsible for fitment problems if
they arise. We order parts from Japan base on engines and chassis numbers, so
there will be no confusion whether or not a part will work.If you have any
questions regarding fitment issues, you must contact us before ordering and all
issues will be considered resolved when you place your order with us.
You have read and understood the terms of agreement as stated above. By placing this order you agree to the terms above and relieve J's Garage Export Co., Ltd. of any wrong doing and/or claims in court regarding injury and or death due to the use of the products. By ordering you are forfeiting you right to name J's Garage Export Co., Ltd. in any future suits or actions. We are selling these parts because you want them and we will not be responsible for their misuse or any injury or death that arise from their use. |
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Japanese used car
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