Terms of Use
Chapter 1. General Terms
Article1. General
PAPERA TRADERS CO., LTD. (hereinafter called "the Company") provides an internet service to offer and sell Japanese used vehicles and auto parts to the user(s) of the service (hereinafter called "the User(s))". The company hereby establishes the following rules and regulations (hereinafter called "Terms").
Article 2. Scope of and Changes to the Terms
| (1) | The Terms apply to the Company and the User(s). Both the Company and the User(s) shall strictly adhere to the Terms in a sincere manner. | |
| (2) | The Company may change the Terms at our discretion as needed. The company shall notify the User(s) by e-mail, fax, or on the website of changes each time a change is made. All notices to User(s) shall be deemed given on the date that such change is indicated. |
Article 3. Agreement on Jurisdiction
| (1) | Should any disputes between the User(s) and the Company occur, the parties concerned agree to attempt to settle any such disputes in a sincere manner through discussion. | |
| (2) | If the dispute(s) cannot be resolved through discussion between the parties concerned, it shall be governed by the laws of Japan or those of the port of destination. |
Article 4. Making Changes to Registration Information
Should any change occur in the registered information such as name, address, telephone number, fax number, e-mail account and other information provided to the Company at the time of the registration, the User(s) shall inform the Company of such changes immediately.
Article 5. Membership
Membership will be provided to an individual or a corporate body when they:
| (a) | Membership will be provided to an individual or a corporate body when they: | |
| (b) | provide their required personal information specified on the registration application screen, and | |
| (c) | obtain Customer ID and Password. |
Article 6. Business Conditions
The Company shall provide the User(s) the Business Conditions. The User(s) shall confirm the content of the Business Conditions, write the signature of agreement, and send it back to the Company. Once the User(s) order a vehicle, it is deemed that the User(s) has agreed on the Business Conditions, regardless of whether the Company received their signature or not.
Article 7. Copyrights
All rights reserved to the Company.
Chapter 2. Information Pertaining to Sales Contracts
Article 8. Order
The User(s) may order used vehicles from the Company using e-mail, fax or any other acceptable means and vehicles may be viewed on the website. The Company shall not guarantee the availability of a vehicle requested but once the vehicle has been ordered and confirmed its availability, the Company shall issue the Proforma Invoice and hold the vehicle for 7 days for the User(s), in which time the first payment must be made. Failure to make payment within this period will result in the cancellation of the order.
Article 9. Payment
Membership will be provided to an individual or a corporate body when they:
| (1) | The User(s) shall make payment in the following manner: (a) The first payment shall be 50% of the amount indicated on the Proforma Invoice (b) The second and the final payment shall be made within 7 days after the departure of the shipping vessel. |
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| (2) | 1.The funds should be wired by telegraphic transfer to the Company's account. |
Article 10. Termination of Contract
The Company reserves the right to terminate the contract or cancel an order when determined necessary.
Article 11. Shipment
| (1) | It is the responsibility of the User(s) to research in advance any import regulations in their destination country. | |
| (2) | Shipping arrangements are made after receiving the first payment. | |
| (3) | The shipping schedule is subject to change without notification and the Company shall not be liable for any losses or damages sustained due to the delays resulting from changes in the shipping schedule. |
Article 12. Risk and Title
| (1) | Risk of the vehicles shall pass from the Company to the User(s) when the vehicles have been pass the rail of the ocean-going vessel at the port of loading. | |
| (2) | The Company shall reserve the title to and ownership of the vehicles until the full payment for the vehicles have been made. |
Article 13. Limitation of Liability
In no event shall the Company be liable for any special, indirect, incidental or consequential damages arising out of or connected with the Terms or the vehicle, regardless of whether a claim is based on contract, tort, strict liability or otherwise, nor shall the User(s)' damages exceed the amount of the purchase price of the vehicle.
Article 14. Cancellation
| (1) | If the User(s) for any reason cancel an order for which the first payment has been made but the vehicle has not been shipped, the Company reimburse the User(s) the first payment expect for the sum of US$350.00 or more in case the Company determines necessary. | |
| (2) | There shall be no cancellation of an order after shipment has been efected and the Bill of Lading shall be conclusive evidence of the shipment. |
Article 15. Repossession
The Company shall have the right to repossess any vehicle left at the wharf in excess of 60 days and the User(s) hereby agrees to give the Company the necessary power of attorney to execute documents necessary to transfer the vehicle to the Company or its agent for the purpose of the exercise of his right to repossess and sell the vehicle.
Chapter 3. Compensation for Loss
Article 16. Claim and Compensation
| (1) | There are 2 types of Stock, Papera Standard Stock and Regular Stock. (a) Papera Standard Stock - The Company shall check the mechanical condition and repair major scratches and dents of a vehicle before the shipment. Claims with respect to the condition shall be accepted according to circumstances. (b) Regular Stock - The Company shall check the mechanical condition of the vehicle before the shipment, but shall not work on the exterior of the vehicle. Claims with respect to the mechanical condition shall be accepted according to circumstances. Claims with respect to the exterior condition shall not be accepted in any circumstances. (c) For both stocks, interior of a vehicle shall be in AS IS condition, for which claims shall not be accepted. |
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| (2) | The User(s) shall have the right to inspect the vehicle on arrival at the port of destination. Within 14 days after the arrival of the vehicle, the User(s) must give notice to the Company of any claim with respect to the condition, or damage to the vehicle, specifying the basis of the claim in detail, providing evidentially proof. | |
| (3) | Failure of the User(s) to comply with these conditions within the time set forth herein shall constitute irrevocable acceptance of a vehicle by the User(s). | |
| (4) | The Company accepts no liability for the loss or damages sustained for small car parts that may be stolen after the arrival at the port of destination. | |
| (5) | The User(s) shall note that vehicles sold are used vehicles and may have minor scratches or slight dents. | |
| (6) | The Company shall not guarantee owner's manuals and spare keys as they are not always available. |