Japanese Used Cars Exporters and Auction Agent

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Trade Terms

Chapter 1: General Terms and Conditions

Clause 1-1 :

Applicability of Terms

Globiz Co., Ltd. (hereinafter referred to as "the Company") hereby establishes the following rules and regulations (hereinafter referred to as "(the) Terms") for persons utilizing the Company's internet auction service and/or internet sales service provided at the Company's website "http://www.globiz-motors.com" for used cars and other items (hereinafter referred to as "(the) Users", "(the) Website" and "(the) Service" respectively).

Clause 1-2 :

Scope of and Changes to the Terms

1.	The Terms apply to all Users of the service. All Users shall strictly adhere to the Terms in a sincere manner.
2.	The Company reserves the right to change and update the Terms and the Website at any time without giving any notice to the Users. The Users shall at all times be bound to the current Terms in force when utilizing the service.
3.	Where one or more Clauses or parts of Clauses contained within the Terms is deemed ineffective or not executable, the remainder of the Clauses or parts of Clauses as well as the Clauses or parts of Clauses deemed ineffective or not executable will remain fully in force. The Company and/or the User will legitimize the Clause or part of Clause deemed ineffective or not executable and revise it as necessary in order to facilitate enactment. Both parties will work toward achieving the original objective, as well as legal and economic impact, of the concerned Clause or part of Clause.

Clause 1-3 :

Prerequisites for Utilizing the Service

Users are responsible for obtaining the equipment necessary to utilize this service, including communications equipment, software, relevant internet services, etc.

Clause 1-4 :

Notification to Users

1.	Except where otherwise stipulated in the Terms, Users are notified by the Company via e-mail, via general postings on the Website, or by other means deemed appropriate by the Company.
2.	Where notification as described in (1) above is carried out by e-mail, said notification is deemed complete when the e-mail is sent to the User's e-mail address.
3.	Where the notification in (1) above is carried out via general postings to the Website, User notification is deemed complete once it has been posted to the Website and Users accessing the service can view the posting.
4.	Once notification as in (2) or (3) above has been completed, any information contained in said notification is effective immediately.
5.	Users are under obligation to peruse notification from the Company made by e-mail without delay. User perusal e-mail is defined as the User displaying the mail delivered to their server on their screen, carefully reading the content, and verifying that it has been understood.

Clause 1-5 :

Exclusions and Limits of Liability

1.	All information contained in this Website is provided "as is," with no guarantee of completeness, accuracy, timeliness, usability or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.
2.	Except where otherwise specified in the Terms, the Company is in no way liable for any direct, indirect, incidental, punitive or consequential damages of any kind whatsoever incurred by Users or third parties through the provision of or delays/changes in, failure, disruption, suspension, termination, discontinuance, or abolishment of the service, or damage otherwise incurred related to the service.
3.	This Company is not responsible for any delay in shipping the unit purchased/ordered.
4.	The Company makes no guarantees of proper operation of any User equipment or software.
5.	The Company is in no way liable for any disputes between Users and third parties that may arise through use of the service.
6.	In addition to the above, the User is liable for compensation of any damages incurred to the Company as a result of his or her violation of the Terms, criminal intent, or gross negligence.
7.	Under no circumstances shall this Company be liable for any refund against any purchase made except for as described in Clause 3-4, 3-6 & 4-3. And when payment is received in foreign currency and the exchange rate become unfavourable for the company at the time of refund, refund will be effected by Japanese Yen, regardless of the currency in which the payment was made by the User &/or Contractee. Amount paid in foreign currency are converted to Japanese yen at the exchange rate at the time of receipt, and all bank charge are deducted when refund is effected.
8.	The Company has no obligation to monitor the Communication Services provided through the Website (The Services may contain e-mail services, newsletter, tell your friend and/or other message or communication facilities designed to enable Users to communicate with the Company). However, the Company reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. The comapany reserves the right to terminate User's access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Clause 1-6 :

Restrictions

No User shall attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any one of the Company's server or to any of the Services, through hacking, password mining or any other means.

Users may not copy, reproduce, recompile, decompile, disassemble, reverse-engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, communicate or in any other way exploit any part of the information or material obtained through the Website and/or the Website's material.

The following actions are prohibited of Users of this service.

(1)	Actions that infringe on Company or third party copyrights or other rights, or actions that pose a threat to such rights.
(2)	Actions that infringe upon the Company's assets or its privacy, or actions that pose a potential threat to such rights.
(3)	In addition to numbers (1) and (2) above, actions that cause loss or damage to a third party or to the Company, or actions that pose a potential threat of such loss or damage.
(4)	Transfer of rights stipulated in the Terms to a third party.
(5)	Actions resulting in the defamation of a third party or the Company
(6)	Actions that run counter to public order and morals (including obscenity, prostitution, violence, atrocities, abuse, etc.) or actions deemed by the Company to potentially lead to such violations, or the action of providing information that runs counter to public order and morals to a third party.
(7)	Illegal actions or actions related to illegal actions, or actions that could potentially lead to illegal actions.
(8)	Actions related to the sex industry or religious proselytizing.
(9)	Utilizing the service as a third party.
(10)	Falsifying or suppressing Company or third party information through access of the service.
(11)	Utilizing harmful computer programs such as viruses through the service or in conjunction with the use of the service, or providing any such programs.
(12)	Actions leading to inconvenience or loss for the Company or a third party, actions that may interfere with the service, or actions that impede operation of the service.
(13)	Utilizing the service in order to cause significant interference to the use of the service by other Users, either directly or indirectly.
(14)	Actions that may promote any of the above actions including linking to Websites that carry out the above actions (including where said actions are carried out by a third party).
(15)	Other illegal actions or actions that may potentially lead to illegal actions.
(16)	Other actions deemed inappropriate by the Company.

Clause 1-7 :

Copyrights

1.	Users may not utilize any information or files accessed via the service by any means whatsoever without the permission of the copyright holder for any purpose besides individual personal use.
2.	Users may not, by any means whatsoever, have third parties utilize or disclose information or files obtained through the use of the service without the permission of the copyright holder.
3.	Should any disputes arise due to violation of the rules stipulated in this Clause, the User is responsible, financially and otherwise, for the resolution of such disputes. The Company will not be held liable in any way, and the User will not cause loss to the Company.

Clause 1-8 :

Termination and Suspension of Service

The Company may terminate or suspend operation of the service under the following circumstances:
1.	For regular or emergency system maintenance or work on the service, or under unavoidable conditions such as a Company system failure.
2.	Where due to war, civil unrest, rioting, terrorism, labor disputes, earthquake, volcanic eruption, floods, tsunami, fire, blackout, system failure due to hacking or a computer virus, internet failure, telecommunications or any other equipment failure, or other emergency conditions, the service cannot be operated as usual.
3.	Where so restricted or order by a government agency, or where the services of other electronic communications companies have been terminated or suspended.
4.	Under any other circumstances where the Company deems temporary suspension necessary to the operation of the service.
5.	The Company will inform Users in advance when operation of the service is to be terminated or suspended as per the above. Note, however, that this may not be possible in emergency situations.
6.	The Company is in no way liable for damages incurred by Users or third parties resulting form termination or suspension of the service.

Chapter 2: Membership Registration

Clause 2-1 :

Membership Registration

1.	To obtain access to certain services and to make a bid in an auction &/or buy cars at a fixed price, Users are required to register with the Website.
2.	As part of the registration process, Users will select an User name and a password. Users agree that the information supplied during that registration process will be accurate and complete and also that they will never register under the name of, nor attempt to enter the service under the name of, another person. The Company reserves the right to disallow use of User name that is deemed to be offensive or inappropriate.
3.	The User will be responsible for preserving the confidentiality of the password and for all actions of persons accessing the Website through any Username/password assigned to the said User.
4.	The Company accepts no responsibility in case of any known or suspected unauthorized use of User's account. In this case, the Company will request Users to inform us of the incident in order to prevent future damage.

Clause 2-2 :

Making Changes to Registration Information

1.	Should any change occur in registration information such as name, address, telephone number, and other information provided to the Company, Users must report any such changes to the Company immediately.
2.	The Company is not liable for any damages incurred by the User or a third party due to User's failure to inform the Company of the changes in User information noted above.
3.	Where the User neglects to inform the Company of changes in registered information, the User understands that the Company will deem any notification sent to have been received by the User at the time it is supposed to be received, even if said notification returns to the Company as undeliverable, as the notification will be sent as indicated in the information previously provided to the Company by the User.

Clause 2-3 :

Utilization of Information Provided to the Company

1.	Users hereby grant the Company exclusive rights in all information provided to the Company and in all information derived or generated from it, in all existing or future media.
2.	These rights include but are not limited to the right to search the information, and, consistent with the Company's privacy policy, to repackage and resell it to anyone for any reason. As used in this paragraph, information includes but is not limited to data, text, photographs, drawings, sound recordings, feedback, and any other information or data displayed or presented in connection with the User's listings with the Company.
3.	The Company reserves the right at all times to disclose any information as the Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company's sole discretion. See the Privacy Statement disclosures relating to the collection and use of User's information.
4.	If the information provided by the User in membership registration or web mail is false, the Company reserves the right to terminate the said User's account.
5.	Any rights not expressly granted herein are reserved.

Chapter 3: Buying Cars from Japanese Car Auctions

Clause 3-1 :

Deposit Required

The User needs to remit a refundable deposit of JPY100,000 or 10% of the vehicle price, whichever amount is greater, per vehicle in order to start placing bids in auctions. The deposit needs to be remitted to the Company's bank account by TT. When bidding in two or more vehicles, deposit for each and every car needs to be remitted.

Once payment has been made by the User and confirmed by the Company, the User will be notified by e-mail, or other means deemed appropriate by the Company, that the payment has been confirmed.

The "Maximum Bid Amount" and the "Maximum Number of Vehicles" that the User can bid are calculated according to the following formula;

? Maximum Bid Amount
(1)	when deposit amount is equal to or greater than JPY 100,000 Deposit amount times 10
(2)	When deposit amount is less than JPY 100,000 Nil

? Maximum Number of Vehicles
(1)	when deposit amount is equal to or greater than JPY 100,000 Deposit amount times 10 divided by JPY 100,000
(2)	when deposit amount is less than JPY 100,000 Nil

Clause 3-2 :

Placing Bids in Auctions

Once the deposit is confirmed by the Company, Users may place bid entry in auctions up to the "Maximum Bid Amount".

The bid entry (including amendment and cancellation entry) for each day, close at 7am Japanese standard time. Any order entered by then is non-cancelable for that day's auction.

The bid entry must be complete. The Company will not accept bidding until full information is provided.

The bid price shall be quoted at which the User wants to buy a particular car at auctions. This does not include the auction fee, the Company's commission, inland transportation charge and the shipping charge (all together hereinafter referred to as the Handling Fee). The Handling Fee per vehicle is posted on the Website.

Upon placing bid entry, the User is bound to pay the following amount depending on whether the bid was successful or not.

(1)	In case of successful bid
	The actual bid price of the vehicles, plus Handling Fees per vehicle
(2)	In case of unsuccessful bid
	Bid Charge per vehicle (The Bid Charge per vehicle is posted on the Website.)

The auctions in Japan are basically live auctions. There may be times when the vehicle sells just a few thousand yen over User's bidding price. Users shall always acknowledge this system and are encouraged to quote a little bit (say about 15,000 yen) over their desired purchase price if they really want the vehicle.

The starting price gives no indication on what the car will sell for. It is merely a starting price. All Users shall enter the bidding price in accordance with their own country's retail market price, and the market price at Japanese auctions.

Clause 3-3 :

Payment of the Purchase Amount and Conclusion of Contract

1.	After successful bid, the Company will send a provisional invoice to the User by e-mail or other means deemed appropriate by the company. User is bound to remit the amount indicated in the provisional invoice by electronic wire transfer in the currency specified by the Company within two days after the provisional invoice is sent to the User. The Company utilizes systems required for proper payment processing, including requiring the User to enter the auction number on the message line. The User is responsible for any bank fees incurred in the remittance of funds.
2.	The contract is concluded where payment is remitted to the Company's specified account by the means described above.
3.	Once payment has been made by the User and confirmed by the Company, the User (hereinafter referred to as "the Contractee") is promptly notified by e-mail, or other means deemed appropriate by the Company, that the contract has been concluded.
4.	It is the responsibility of the Contractee to research in advance any import regulations in their own country, and to report these to the Company. Further, the Contractee is responsible for paying all taxes assessed in their country.
5.	It is the sole responsibility of the Contractee to abide by any import restrictions, guidance and instructions from the relevant authorities that arise from neglecting to proceed as described in (4) above, and the Contractee will not hold the Company liable in any instance whatsoever. Further, the Contractee is liable for any resultant damages incurred by the Company, while the Company bears no liability for any such damages.

Clause 3-4 :

Termination of Contract

Even where the contract has been concluded as described in (2) of Clause 3-3, the Company reserves the right to terminate the contract where the goods cannot be delivered for reasons related to import restrictions, guidance or instructions, etc., from the relevant authorities, where the Contractee has made false statements or has performed illegal acts, or has threatened the Company either verbally or physically in any way which the Company considers as threat, or has threatened the Company by getting in contact with or referring to Mafia, Yakuza or any other antisocial power either verbally or physically, or where it is recognized that the contract is rendered impossible to execute due to actions of the Contractee.

In instances as described in (1) above, the Company may sell the vehicle, at its sole discretion, at one of the following options. In all cases, the refundable deposit will not be refunded and the Contractee will be responsible for any costs incurred. Further, any bank fees arising as a result are paid by the User, and the Company pays no interest whatsoever on funds held through the date of refund.

(1)	Sell the vehicle in the auction
	Contractee is bound to pay the auction fee, inland transportation fee and all other costs incurred plus the difference in price if the vehicle is sold under the purchase price.
(2)	Sell the car on the Company's Website
	The Contractee is bound to pay all the costs incurred (this includes but are not limited to inland transportation fee, storage fee, shipping charges etc.) plus the difference in price if the vehicle is sold under the purchase price.

Clause 3-5 :

Failure to Make Payment within Time Limit

As stated in Clause 3-3, the Contractee is bound to remit the purchase amount within two days after the provisional invoice is sent to the Contractee. If the Company cannot confirm payment, through our Bank, within 4 days after the provisional invoice was sent to the Contractee, the refundable deposit will not be refunded and the Company may sell the vehicle, at its sole discretion, at one of the following options. In all cases, the Contractee will be responsible for any costs incurred. Further, any bank fees arising as a result are paid by the Contractee, and the Company pays no interest whatsoever on funds held.

(1)	Sell the vehicle in the auction
	Contractee is bound to pay the auction fee, inland transportation fee and all other costs incurred plus the difference in price if the vehicle is sold under the purchase price.
(2)	Sell the car on the Company's Website
	The Contractee is bound to pay all the costs incurred (this includes but are not limited to inland transportation fee, storage fee, shipping charges etc.) plus the difference in price if the vehicle is sold under the purchase price.

Clause 3-6 :

Refund of Deposit

When the User has finished their business with the Company, the User shall request a refund of the Deposit. Upon request, the Company will remit the Deposit amount less bank fees to the User's bank account.

Chapter 4: Buying Cars at a Fixed Price

Clause 4-1 :

Placing Order on the Website

1.	Users who wish to purchase used cars or other items (hereinafter referred to as "goods") sold through the service should place order on the website.
2.	The company will issue the "Official Invoice" within 2 business days, confirming the exact amount the Users have to pay.

Clause 4-2 :

Full Payment and Conclusion of Contract

1.	Users wishing to purchase goods from the company through the company's service should remit the amount indicated in the Official Invoice (described in Clause 4-1) by electronic wire transfer in the currency specified by the company. The company utilizes systems required for proper payment processing, including requiring the User to enter the estimate number on the message line. Users are responsible for any bank fees incurred in the remittance of funds.
2.	The contract is concluded when initial payment is remitted to the Company's specified account by the means described above and said payment has been confirmed. There are two payment options. 1) Payment of full I/V amount within 2 businesss days in which case the Company will hold the car and book for shipment upon confirmation of full payment. 2) Payment of 20% of I/V amount or JPY 100,000 whichever is greater within 2 business days, and remaining amount within 9 business days. In which case, the Company will hold the car upon confirmation of initial payment and book for shipment when full payment is confirmed. ) Notwithstanding the above, with regards to Users with deposit of more than 20% of I/V amount or JPY100,000 whichever is greater, sales contract is concluded when the Order is placed on the website and the "Official Invoice" is sent by e-mail. ) In case when payment terms other than above are agreed between the Company and the User, the User is bound to remit payments within time limit agreed.
3.	Once payment has been made by the User and confirmed by the company, the User (hereinafter referred to as "the Contractee") and the company both agree to the sale. Users who have made remittances are assumed to have understood and agreed to the terms and conditions of sale. The vehicles will be served for the customer who arrange the payment first. If the car has been reserved by other customer, an equivalent car to be chosen by Globiz Co., Ltd. will be served.
4.	It is the responsibility of the Contractee to research in advance any import regulations in their own country, and to report these to the company. Further, the Contractee is responsible for paying all taxes assessed in their country.
5.	It is the sole responsibility of the Contractee to abide by any import restrictions, guidance and instructions from the relevant authorities that arise from neglecting to proceed as described in (4) above, and the Contractee will not hold the company liable in any instance whatsoever. Further, the Contractee is liable for any resultant damages incurred by the company, while the company bears no liability for any such damages.

Clause 4-3 :

Termination of Contract

Even where the contract has been concluded as described in (2) of Clause 4-2, the company reserves the right to terminate the contract where the goods cannot be delivered for reasons related to import restrictions, guidance or instructions, etc., from the relevant authorities, where the Contractee has made false statements or has performed illegal acts, or has threatened the Company either verbally or physically in any way which the Company considers as threat, or has threatened the Company by getting in contact with or referring to Mafia, Yakuza or any other antisocial power either verbally or physically, or where it is recognized that the contract is rendered impossible to execute due to actions of the Contractee.

In instances as described in (1) above, the Company may sell the vehicle, at its sole discretion, at one of the following options. In all cases, any deposit or payment will not be refunded and the Contractee will be responsible for any costs incurred. Further, any bank fees arising as a result are paid by the User, and the Company pays no interest whatsoever on funds held.

(1)	Sell the vehicle in the auction
	Contractee is bound to pay the auction fee, inland transportation fee and all other costs incurred plus the difference in price if the vehicle is sold under the purchase price.
(2)	Sell the car on the Company's Website
	The Contractee is bound to pay all the costs incurred (this includes but are not limited to inland transportation fee, storage fee, shipping charges etc.) plus the difference in price if the vehicle is sold under the purchase price.

Clause 4-4 :

Failure to Make Payment within Time Limit and Cancellation

As stated in Clause 4-2, the Contractee is bound to remit the purchase amount within time limit. If the Company cannot confirm full payment, through our Bank within time limit, the Contractee will be charged late payment charge of JPY 5,000 per car per day. And in such case, the Company may sell the vehicle, at its sole discretion, at one of the following options. In all cases, any deposit or payment will not be refunded and the Contractee will be responsible for any costs incurred. Further, any bank fees arising as a result are paid by the Contractee, and the Company pays no interest whatsoever on funds held. When cancellation is claimed by the Contractee, same rules shall apply.

(1)	Sell the vehicle in the auction
	Contractee is bound to pay the auction fee, inland transportation fee and all other costs incurred plus the difference in price if the vehicle is sold under the purchase price.
(2)	Sell the car on the Company's Website
	The Contractee is bound to pay all the costs incurred (this includes but are not limited to inland transportation fee, storage fee, shipping charges etc.) plus the difference in price if the vehicle is sold under the purchase price.

Chapter 5: Information Pertaining to Sales Contracts

Clause 5-1 :

Forwarding and Shipping

Once the contract has been concluded with the Contractee and the appropriate paperwork (Japanese export customs administration, shipping arrangements, etc.) completed, the Contractee will be promptly notified of shipping details as described in Clause 1-4 (Notification to Users).

Clause 5-2 :

Transfer of Property Rights on Goods

The timing of transfer of property rights between the Company and the Contractee is governed by the International Commercial Terms (InCoTerms) set forth by the International Commercial Terms (ICC), as noted on the estimate at the time the contract is concluded (see Clause 11). Ownership of goods purchased under F.O.B. quote is transferred at the time they have passed the ship's railing, while that of goods purchased under the "C" terms (CIF, CFR, and C&I) is transferred when the goods pass the ship's railing provided the shipping documents have been issued. In other cases, transfer timing is determined by the Company and the transferee based on individual circumstances.

Where the Company and the Contractee agree to conditions other than the above, their agreement takes precedence.

Clause 5-3 :

Transfer of Risk

1.	The ICC's InCoTerms apply to the timing of transfer of risk on goods between the Company and the Contractee, as noted on the estimate at the time the contract is concluded (see Clause 11).
2.	Where the Company and the Contractee agree to conditions other than the above, their agreement takes precedence.

Clause 5-4 :

Product Liability

Company sales are based on as-is condition at the time of sale. The Company bears no liability whatsoever for problems, including failure and/or accidents, with Contractee purchases of goods where such problems arise from breakdown, defects etc. that are the responsibility of the commodity manufacturer (hereinafter referred to as "the manufacturer"). Further, the Company holds no liability for damages so incurred by any third parties.

Clause 5-5 :

Defect Liability

1.	As described in Clause 5-2, once property rights have been transferred, the Company is in no way liable for damages incurred by the Contractee, including defects or failure. Further, the Company holds no liability for damages so incurred by any third parties.
2.	The Company and Contractee may agree to conditions other than the above, in which case their agreement takes precedence.

Clause 5-6 :

Cost Burden

1.	The Company is in no way liable for costs related to failure or accidents stemming from defects, for defects or failures that are the responsibility of the manufacturer, or for other damages incurred by the Contractee or a third party. The Contractee covers the cost burden required to resolve any such issues.
2.	In the extremely rare event that breakdown or other such damages occur as a result of criminal intent or gross negligence on the part of the Company, the Company will pay all repair and compensatory costs involved, regardless of the rules stipulated in (1) above.
3.	The Company and Contractee may agree to conditions other than the above, in which case their agreement takes precedence.

Clause 5-7 :

Returns

1.	Where a contract is concluded as stipulated above, the Company will not allow for any returns once the goods or property rights on such goods have been transferred.

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