| 1. |
TO BECOME A REGISTERED CUSTOMER |
To become
a registered customer of MSI Co., Ltd,("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. |
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| 2. |
TRADE TERMS AND PRICING |
MSI Co., Ltd, ("the COMPANY") accepts two types of trade terms below. The CUSTOMER designates one of them in advance. |
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| CIF (Cost, Freight and the insurance) |
i ncludes the following cost: A. Price of the vehicle
B. Japan-side procedure costs (in-land transportation to port ,customs
clearance , shipping, documentation ) C. Ocean freight
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| FOB (Free on Board) |
includes the following cost:
A. Price of the vehicle
B. Japan-side procedure costs (in-land transportation to port, customs
clearance, shipping, documentation) |
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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.
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| 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 mail or fax.
The CUSTOMER shall pay the full amount of pro-forma invoice plus all banking
charge by Telegraphic Transfer ("T/T") in bank account of the
COMPANY within
(4) Four working days after receiving the pro-forma invoice.
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The CUSTOMER shall send a copy of T/T to the COMPANY to confirm the payment. |
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The COMPANY only accepts payment in US$ or JPY or EURO
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The COMANY will accept only TT 100% for each deal |
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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.
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| 4. |
DEPOSITE |
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.
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| 5. |
SHIPPING |
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 CIF 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.
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| 6. |
DOCUMENTATION |
The COMPANY will send the CUSTOMER shipping document below by DHL,EMS or
any other courier immediately after shipping the vehicles. |
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1. Necessary BL set for the clearence (two Originals) one for in case of
loss any accident occur during the delivery 2. Our Invoice
3. Japanese Export Certificate
4. Insurance if required |
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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 JEVIC)
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| 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. |
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| 8. |
ORDER CANCELLATIONS |
Basically the COMPANY will not accept order cancellations for any reason.
The penalty of 500USD per unit will be applied for cancellations that are
necessary. After shipping the COMPANY will NOT accept any cancellation. |
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| 9. |
TITLE AND RISK OF LOSS |
Company has no responsibility in case of loss once when unit is on board
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| 10. |
WARRANTY |
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. |
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| 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 Acts of God. |
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| 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. |
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| 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. |
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| 14. |
ARBITRATION |
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 CONTRACT or any breach hereof shall be settled, unless amicably
settled without undue delay, by arbitration in ,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. |
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| 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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| Please click below link and print the sheet.
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| If you can not print the application sheet, please tell us by e-mail. We
send it by fax |