1602-8 Tomitsuka Naka Hamamatsu
Shizuoka Japan 432-8002
[ 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.
[ 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.
1602-8 Tomitsuka Naka Hamamatsu Shizuoka Japan