TERMS OF TRADE FOR PURCHASING MOTORCYCLES:
The Client:
The client is the party that offers to purchase items, pays a deposit
to purchase items, or purchases items with the assistance of Fuji
Vehicle Export Co. Ltd. acting as an agent on their behalf. All clients
agree to be bound by the following terms and conditions.
The Agent: Fuji Vehicle Export Co. Ltd. agrees to
act as an agent on behalf of the client to procure goods and vehicles
for export, in accordance with the following terms and conditions.
The Contract: These
terms and conditions form the contract between the client, and Fuji
Vehicle Export Co. Ltd. The client, and Fuji Vehicle Export Co. Ltd.
agree to be bound by the terms and conditions stated in this contract.
Deposits: Unless
otherwise agreed, a deposit is required prior to bidding on, or
negotiating the purchase of any vehicle/s on behalf of the client.
Clients who have paid deposits in full, will take priority over clients
who have not yet paid a deposit.
• For motorcycles with an estimated
Japanese market value of under 200,000 yen, a deposit of 50,000 yen
will be required prior to bidding on, or negotiating the purchase of
any vehicle/s on behalf of the client.
• For motorcycles with an estimated
value up to 400,000 yen, a deposit amount of 100,000 yen will be required prior to bidding on, or
negotiating the purchase of any vehicle/s.
• For motorcycles valued at over 400,000 yen a 50% deposit will be required prior to bidding on, or
negotiating the purchase of any motorcycle.
Estimation of Japanese market value: All estimations of Japanese market price for vehicles will be estimated by Fuji Vehicle Export Co. Ltd.
Refunds of deposits: Deposits
will be refunded at the discretion of Fuji Vehicle Export Co. Ltd. Refunds of deposits are possible up until the point an item has been purchased on behalf of the deposit remitter, or agreement to purchase an item on behalf of the deposit remitter has been reached with the vendor in Japan. Deposits will be refunded to the remitter of the funds only, refunds will not be
remitted to third parties. Any bank fees/transaction fees relating to
the return of a deposit will be subtracted from the deposit amount.
Deposits will be refunded in Japanese yen at the current bank rate on
the day of the refund, or at the bank rate of the day the deposit was
received at the discretion of Fuji Vehicle Export Co. Ltd. For
calculation purposes, all bank rates will be provided by The Bank of
Tokyo-Mitsubishi UFJ.
Currency: Fuji Vehicle Export Co. Ltd. will only accept payments in Japanese yen, unless otherwise agreed.
Payment for goods and vehicles: Unless otherwise agreed, payment
for all goods and vehicles must be made within 48 hours of successful purchase notification. Successful purchase notification will be provided by Fuji Vehicle Export Co. Ltd. or it`s
partner companies.
Payment of fund transfer fees: All fund transfer fees are payable by the remitter of funds. Fund transfer fees include, but are not limited to:
• Funds remitted by bank transfer (International telegraphic transfer fee) = 4,000 yen
• Funds remitted by Paypal = 3.9% of total transfer amount
• Funds remitted by credit card, via paypal = 3.9% of total transfer amount
Extra Charges:
Fuji Vehicle Export Co. Ltd. will charge the client for all services
that are additional to the regular export fees. Extra charges may
include, but are not limited to, land transport charges for vehicles
purchased outside of the Tokyo area, storage fees for vehicles incurred
after 30 days from the purchase date of the vehicle, all costs relating
to mandatory pre-export inspections that are required for compliance
with destination import laws, extra customs clearance inspection costs
if required by the Japanese Customs Authorities.
Late Payment Penalties:
If payment has not been made by the client within 48 hours of the issue
date of the invoice by Fuji Vehicle Export Co. Ltd, or it`s partner
companies, the client will be deemed to be in breach of this contract.
If a client is deemed to be in breach of the contract due to late
payment, the deposit for the vehicle will be forfeited, and the
following penalties for late payment will apply until such time as the
full payment for the vehicle has been received:
• Motorcycle purchase price up to 200,000 yen = 3,000 yen per day
• Motorcycle purchase price from 200,001 yen to 400,000 yen = 5,000 yen per day
• Motorcycle purchase price from 400,001 yen to 800,000 yen: 10,000 yen per day
• Motorcycle purchase price from 800,001 yen to 1,200,000 yen: 15,000 yen per day
• Motorcycle purchase price from 1,200,001 yen to 1,600,00 yen: 20,000 yen per day
• Motorcycle purchase price from 1,600,001 yen to 2,000,000 yen: 25,000 yen per day
• Motorcycle purchase price from 2,000,001 yen or higher: 30,000 yen per day
Payment of late payment fees:
The client will be held responsible for all costs, fees and charges
incurred due to late payment of vehicle/s. Processing of all vehicles
on behalf of the client will cease, and ownership of all vehicles being
processed on behalf of the client will not transfer to the client until
such time as all late payment fees as stated above, and all costs,
fees, and charges incurred due to the late payment of a vehicle, or
vehicles, has been received by Fuji Vehicle Export Co. Ltd.
Unauthorized partial payments: Clients that make
partial payments for purchased vehicles, without the specific prior
approval and authorization of Fuji Vehicle Export Co. Ltd. or its
representatives, will be subject to the same late payment penalties as
stated above.
Ownership of items: All items will remain the property of Fuji Vehicle Export Co. Ltd. until full payment for the items, and full payment of any costs, fees and all other charges related to the items has
been received. Fuji Vehicle Export Co. Ltd. or agents acting on behalf
of Fuji Vehicle Export Co. Ltd. reserve the right to re-posses any
items that have not been paid for in full.
Import Documentation: Fuji
Vehicle Export Co. Ltd. will not be held liable in the case of import
documentation being lost, destroyed, damaged, or delayed in transit.
Cancellations: Cancellation
requests can be made prior to a motorcycle being purchased on behalf of
the client, or agreement to purchase a motorcycle on behalf of the client
has been reached with the vendor in Japan. Cancellation requests submitted after a motorcycle has been purchased on
behalf of the client, or agreement to purchase a motorcycle on behalf of
the client has been reached with the vendor in Japan, are not accepted. In the case of a
purchase cancellation for a motorcycle that has been purchased on behalf of the client, or agreement to purchase a motorcycle on behalf of the client has been reached with the vendor in Japan, the client will
forfeit the deposit for the motorcycle, and a cancellation penalty will apply. For motorcycles up to the value of 400,000 yen, a cancellation penalty of 50,000 yen + 20% of the purchase price will be payable by the client. For motorcycles over the value of 400,001 yen, a cancellation penalty of 100,000 yen + 20% of the purchase price will be payable by the client. Non-payment of the cancellation penalty, will be considered a late
payment, and as such will
be subject to the late payment penalties based on the value of the
canceled motorcycle`s value, as per the "Late Payment Penalties"
section above.
Condition: All
motorcycles that are available for purchase at the private motorcycle auctions are inspected by auction house staff, and a condition report
based on the auction inspection is available to the client. Inspection
reports may not available for motorcycles purchased from sources outside of the private motorcycle auction houses (including, but not limited to, public internet auctions, dealer stock, and end-users). Unless otherwise stated, all motorcycles are sold in as-is condition without warranty or guarantee of condition. Motorcycles
available to purchase from private motorcycle auctions, from public internet auctions, and from dealer stock, are not in the possession of Fuji
Vehicle Export Co. Ltd. Fuji Vehicle Export Co. Ltd. acts as an agent
on behalf of the client to procure motorcycles.
The Client`s obligations:
It is the Client`s
responsibility to ensure that all the correct import procedures have
been
followed, and the appropriate documentation has been prepared to
facilitate clearance of the cargo from the destination port. It is the
Client`s responsibility to check with their local authorities in
regards to the rules and
restrictions relating to the importation of vehicles, and compliance
and registration procedures for imported vehicles in the destination
country. Compliance with the import laws of the destination country is
the sole responsibility of the Client.
Prior to importing, it is the
Client`s responsibility to familiarize themselves with the costs of
importing a motorcycle,
which may include but are not limited to: customs duty, customs
clearance, vehicle compliance, and registration costs. Fuji Vehicle Export
Co. Ltd. will not be held liable for any port, storage, inspection, cleaning or any other charges and fees incurred after the
vehicle has been loaded onto a ship for international transportation. All
of the costs
relating to the importation of goods or vehicles, or costs relating to
issues connected with the importation of goods or vehicles, are the
sole responsibility
of the Client.
The Agent`s obligations:
It is the Agent`s responsibility to ensure that all business between
the client and Fuji Vehicle Export Co. Ltd. is carried out in good
faith, and that the stated terms and conditions are adhered to.
Fuji Vehicle Export Co. Ltd.
cannot be held responsible or liable, for anything beyond it`s control,
including but not limited to, compliance to the import and registration
laws relating to imported goods or vehicles at destination, any costs,
charges or fees related to the importation of goods or vehicle/s, issues arising from shipping schedules, damage
that may occur from the time of purchase to the time of arrival to port
at destination, and any issues relating to force majeure, including but
not limited to Acts of War, revolution, insurrection, invasion, riot,
crime, strike, terrorist activities, embargo, nationalization,
government sanction, and Acts of God.
Resolution of Disputes:
Fuji Vehicle Export Co. Ltd., and the client agree to negotiate any
disputes that may arise based on the terms and conditions of the
contract. Failing a negotiated resolution, all resultant legal action
initiated by either the client, or Fuji Vehicle Export Co. Ltd. will be
brought under Japanese law, in the Chiba District Court.
Glossary of Terms:
FOB =
Freight On Board = FOB pricing includes all the normal costs of getting
your purchased vehicle onto a vessel and ready for shipping to your
country. (FOB does not include shipping costs).
C&F
= Customs and Freight = C&F pricing includes all the normal costs
of getting your purchased vehicle onto a vessel and ready for shipping
+ all freight costs to the destination port.
CIF =
Customs, Insurance and Freight = CIF pricing includes all the normal
costs of getting your purchased vehicle onto a vessel and ready for
shipping + all freight costs to the destination port + insurance for
the cargo.
CI = Customs and Insurance = FOB price + Marine insurance. Please enquire about insurance for
cargo with the FVEJ staff, as insurance is not arranged unless
specifically requested by the importer.
RORO =
Roll On Roll Off = Shipping by purpose built car carrying vessels that
allow vehicles to drive on at the port in Japan, and drive off at the
destination port.
FCL =
Full Container Load = Full Container Load shipping is the term used to
describe shipping of a container that is carrying your cargo only. It
is not a shared container.
LCL =
Less than Container Load = Less than Container Load shipping is the
term used to describe shipping cargo in a shared container.
BILL OF LADING =
BL, BoL = The Bill of Lading is the official shipping document for the
cargo, a Bill of Lading will be required to secure release of the cargo
from the destination port.