FUJIYAMA-TRADING.CO.JP, TRADE TERMS AND CONDITIONS
fujiyama-trading.co.jp, deal with its registered customers only.
To become a registered customer of fujiyama-trading.co.jp, you shall read, understand and agree this terms and conditions, which may be amended or modified by fujiyama-trading.co.jp, without notice to customers. If you have any question about this terms and conditions, please e-mail us email@example.com
before your registration.
1. TO BECOME A REGISTERED CUSTOMER
To become a registered customer of fujiyama-trading.co.jp,("CUSTOMER"), at first you shall read, understand and agree all of this terms and conditions. After registration we will send you a welcoming e-mail.
2. TRADE TERMS AND PRICING
fujiyama-trading.co.jp, ("the COMPANY") accepts two types of trade terms below. The CUSTOMER designates one of them in advance.
CFR (Cost and Freight)
includes the following cost:
A. Price of the vehicle
B. Japan-side procedure costs (in-land transportation to Yokohama or Tokyo port, customs clearance , shipping, documentation )
C. Ocean freight
FOB (Free on Board)
includes the following cost:
A. Price of the vehicle
B. Japan-side procedure costs (in-land transportation to Yokohama or Tokyo port, customs clearance, shipping, documentation)
In case of FOB the CUSTOMER shall pay the ocean freight to the shipping agent at the destination port. It depends on the shipping agent whether this term is acceptable or NOT.
Trade terms such as FOB, CFR and any other terms which may be used in this terms and conditions and the CONTRACT shall have the meaning defined and interpreted by the Incoterms 2000 Edition, ICC Publication No.560, unless otherwise specifically provided in this terms and condition and the CONTRACT.
If the CUSTOMER would like to insure their shipment, the CUSTOMER shall inform to the COMPANY during the order process.
3. CONCLUSION OF THE CONTRACT AND TERMS OF PAYMENT
After the COMPANY receives a purchase order of vehicles from the CUSTOMER by telephone, fax or e-mail, the COMPANY will send the CUSTOMER a pro-forma invoice to confirm the order by fax.
The CUSTOMER shall sign the pro-forma invoice and fax it to the COMPANY as soon as possible. The individual sales contract ("CONTRACT") is concluded when the COMPANY receives the signed pro-forma invoice.
The CUSTOMER shall pay the full amount of pro-forma invoice plus all banking charge by Telegraphic Transfer ("T/T") in Japanese yen ("JPY") to the specified bank account of the COMPANY within (3) three working days after receiving the pro-forma invoice.
The CUSTOMER shall send a copy of T/T to the COMPANY to confirm the payment.
The COMPANY only accepts payment in JPY.
If the CUSTOMER prefer to payment in US$("USD"), ask the COMPANY in advance and confirm the price in USD.
The COMPANY will NOT accept any other payment method and terms (credit card, Letter of Credit (L/C), check, 50% after shipping etc.)
The CUSTOMER has the responsibility to research and assure the necessary procedures and restrictions to import vehicles to the destination country before concluding the CONTRACT.
If the CUSOMER purchase the vehicles at Auto Auction Halls by the Auction agent service provided by the COMPANY or at Fixed Price Corner, in advance the CUSTOMER shall remit a refundable deposit of JPY100, 000 per unit by T/T in JPY to the specified bank account of the COMPANY. The CUSTOMER shall bear the banking charge.
After paying the full amount of pro-forma invoice, the CUSTOMER may purchase other vehicles by Auction agent service.
When the CUSTOMER will end the trade with the COMPANY, the CUSTOMER may request a refund of the deposit and the COMPANY will remit the deposit deducted all banking charge.
In case of FOB the CUSTOMER shall provide the necessary shipping space and give the COMPANY shipping instruction in a timely manner.
In the case of CFR the COMPANY will ship the next available vessel after receiving all payment.
Basically the price is for shipping by RO/RO. In the case of shipping by container, the CUSTOMER shall inform it to the COMPANY in advance and pay additional fee.
The COMPANY will send the CUSTOMER shipping document below by EMS immediately after shipping the vehicles.
1. Original Bills of Landing in full set
2. Our Invoice
3. Original Japanese Export Certificate
The price includes above documents only. If the CUSTOMER needs other document, the CUSTOMER shall inform it to the COMPANY before concluding the CONTRACT. (Ex. JAAI inspection)
7. DELAY OF PAYMENT AND TERMINATION OF CONTRACT
If the COMPANY cannot confirm of the payment within (5) five working days after the pro-forma invoice was sent to the CUSTOMER, the COMPANY may terminate the CONTRACT and sell the vehicles without any notice to the CUSTOMER.
In the case that the vehicles were purchased by Auction agent service, the deposit will NOT be refunded.
8. ORDER CANCELLATIONS
Basically the COMPANY will not accept order cancellations for any reason.
The penalty of JPY100, 000 per unit will be applied for cancellations that are necessary.
After shipping the COMPANY will NOT accept any cancellation.
9. TITLE AND RISK OF LOSS
In the case of FOB or CFR Title and the risk of loss of the vehicles shall pass from the COMPANY to the CUSTOMER when the vehicles pass the rail of ocean-going vessel at the port of loading.
The COMPANY sells vehicles in 'as is' condition. The COMPANY will NOT be liable for any problems. The COMPANY will try to disclose any interior/exterior damage, repair history, mileage, etc. But the CUSTOMER shall understand it is difficult to be aware all of the conditions of used vehicles and there are some kinds of risk to purchase used vehicles.
11. FORCE MAJEURE
The COMPANY shall NOT be liable for any delay in shipment or delivery, non-delivery, or destruction or deterioration, of all or any part of the vehicles, or for any other default in performance of the individual contracts, which arises from any lockout, strike, labor trouble or other industrial disturbance, inevitable accident, fire, explosion, transportation difficulty, or from any cause beyond the control of the COMPANY, including without limitation, war, legal restriction imposed in any country, riot, prolonged failure or shortage of electric power, gas or oil, epidemic, earthquake, flood, typhoon or other Act of God.
12. NO ASSIGNMENT
No party's right, duties or responsibilities under the CONTRACT may be assigned, delegated or otherwise transferred in any manner, without the prior written consent of the other parties.
13. NO WAIVER
No claim or right of the COMPANY under the CONTRACT shall be deemed to be waived or renounced in whole or in part unless the waiver or renunciation of such claim or right is acknowledged and confirmed in writing by the COMPANY.
Any dispute, controversy or different which may arise between the parties hereto, out of or in relation to or in connection with this terms and conditions and the COMTRACT or any breach hereof shall be settled, unless amicably settled without undue delay, by arbitration in (Tokyo),Japan in accordance with the rules of procedure of The Japan Commercial Arbitration Association. The arbitral award shall be final and binding upon both parties.
15. GOVERNING LAW
This terms and conditions and the CONTRACT shall be governed by and construed and enforced in accordance with the laws of Japan as to all matters.
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If you can not print the application sheet, please tell us by e-mail. We send it by e-mail.