1. Applicability
These Terms and Conditions (“Terms”) govern your (“Client”) access to and use of the website (“Site”) and all associated services (“Services”) provided by Ikari Imports LLC (“Company”). By accessing or using the Site or Services, the Client agrees to comply with and be bound by these Terms.
The Company reserves the right to modify these Terms at its sole discretion. Any changes will take effect immediately upon being posted to the Site. The Client is responsible for periodically reviewing these Terms. The Client’s continued use of the Site or Services after any modification signifies acceptance of the revised Terms.
2. Deposit Terms
Deposit Denomination:
If a deposit is sent in a denomination other than Japanese Yen (JPY), the amount of the deposit shall be equivalent to the amount converted to JPY at the time of receipt, after deducting any applicable conversion and bank fees.
2.1 Single Deposit
The Client is required to pay a deposit of 150,000 yen (“Single Deposit”) to inspect and bid on one vehicle at a time, with a bidding limit of up to 2,000,000 yen. For vehicles exceeding this amount, an additional 150,000 yen deposit is required for each incremental increase of 2,000,000 yen in bidding capacity.
The Single Deposit will be applied to the purchase invoice once a vehicle is successfully purchased unless otherwise requested by the Client. If a refund of the Single Deposit is requested prior to vehicle purchase, the deposit will be refunded minus any transaction or service fees.
2.2 Dealer Deposit
For Clients intending to purchase five (5) or more vehicles, the Company offers a 700,000 yen deposit (“Dealer Deposit”). Clients with a Dealer Deposit will receive a 10,000 yen discount on the Company’s fee per vehicle.
Dealer Deposits may be applied to the purchase invoice starting from the 5th vehicle onward or refunded after the 5th vehicle’s payment, minus transaction fees and services rendered. Dealer Deposits are non-refundable unless the Client purchases and pays for at least five (5) vehicles.
3. Payment Terms
Invoice Payment: Payment for all invoices must be made within two banking days of receipt. If payment is not received within five banking days, a penalty of 2,000 yen per day may be charged until payment is confirmed.
Deposit Forfeiture: If full payment is not received within 30 calendar days from the invoice date, the Client’s deposit, any payments made, and any interests in purchased vehicles may be forfeited. Additionally, if you are a competitor or acting on behalf of a competitor, your deposit will be forfeited in full.
Payment Fees: The Client is responsible for any and all bank, service, and conversion rate fees associated with the payment.
Exchange Rate Losses: The Client is responsible for any losses due to fluctuations in the exchange rate if payment is received more than five banking days after the invoice date.
4. Bidding Policy
Placing Bids: Bids are placed by the Company on behalf of the Client. If the Client directs the Company to place a bid pending the results of a third-party inspection, the Company will make every effort to bid in accordance with the Client’s prior instructions and discussions. By directing the Company to place a bid pending inspection, the Client inherently accepts the Company’s judgment based on available information.
Withdrawal of Bid: If the Client chooses to withdraw their bid, the Company will make every effort to accommodate the request. However, if the bid deadline has passed or the request is not received in time, the Client will be responsible for payment if the bid is successful.
Proxy Bids: Most bids will be placed via proxy through auction bidding services. These services may add up to 20,000 yen on top of the Client’s maximum bid. In cases where this occurs, the Client shall be responsible for covering this additional amount.
5. Use of Photos
The Company retains the right to use photos of the vehicle including photos sent by the Client for site content, publicity, and other purposes within reason. These images may be used in the Company’s marketing materials, website, and other media.
6. Compliance and Research
It is the Client’s sole responsibility to research and ensure compliance with all import regulations and restrictions in the destination country prior to bidding. The Company is not responsible for conducting such research or ensuring compliance and does not warrant the accuracy of any information provided regarding import requirements.
7. Transportation and Storage Costs
The Client is responsible for additional transportation costs that may arise, including but not limited to:
- Auction house location, outlying auction yards, or private locations.
- Non-drivable or inoperable vehicles.
- Fuel charges, vehicle repairs, or breakdowns during transport.
- Custom or singular transport needs.
- Alternative carriers due to availability.
- Vehicle size and/or ground clearance limitations.
- Additional transport to move the vehicle to a different port.
Additionally, the Client is responsible for any storage costs at the storage yard, including but not limited to:
- Lack of payment, vessel space, or schedule changes.
- Shipping company delays or changes in vessel space.
- Inoperability of the vehicle at vessel loading.
- Changes in loading restrictions.
The Company offers 30-45 days of complimentary storage, depending on location and vehicle size. Storage beyond this period is charged at a rate of 700 yen or more per day.
8. Vehicle Handling and Cancellation
If a vehicle is entered into auction after purchase due to non-payment or at the Client’s request, a cancellation fee of 50,000 yen will apply. In addition, any other costs incurred, including inland transport, auction fees, storage fees, and consumption tax, shall be deducted from the sales price. If the sales price is insufficient to cover these costs, the Client will be responsible for paying the remaining balance.
9. Vehicle Purchase and Liability
All vehicles purchased through the Company remain in the possession of the auction, dealer, or previous owner until they are purchased and picked up. The Client may request a third-party inspection at most auction houses, subject to availability.
The Company does not physically inspect vehicles but relies on information provided by the seller, auction house, or third-party inspector. While the Company strives to accurately represent the vehicle’s condition based on available information, purchasing used vehicles carries inherent risks, including but not limited to additional:
- Scratches, dents, or other exterior body damage.
- Mechanical malfunctions or failures.
- Electrical issues or system failures.
- Interior wear and tear (e.g., stains, tears, odors).
- Fluid leaks (e.g., oil, coolant, transmission).
- Missing or damaged parts (e.g., accessories, tools, spare tires).
- Structural damage or prior repairs.
- Odometer discrepancies or inaccuracies.
- Rust or corrosion on the body or undercarriage.
- Undisclosed accident history or modifications.
The Company does not offer warranties or guarantees, express or implied, regarding the condition or fitness of the vehicles purchased. The Client is responsible for understanding and accepting the risks involved in purchasing used vehicles.
10. Limitation of Liability
The Company cannot be held liable for any issues, damages, or losses beyond its control. This includes, but is not limited to:
- Errors or damages caused by auction houses, transporters, shipping companies, and agents.
- Shipping availability, delays, and schedule changes.
- Costs incurred by the Client, including duties, taxes, and fees.
- Missing or damaged parts or items in the vehicle or shipment.
- Exchange rate fluctuations.
- Events of force majeure, including war, strikes, natural disasters, and other extraordinary circumstances.
- Vehicles denied vessel loading by the shipping lines due to but not limited to vehicle condition, safety risks to loading personnel, or vessel safety concerns.
11. Dispute Resolution and Legal Jurisdiction
Negotiation:
The Company and the Client agree to make reasonable efforts to resolve any disputes arising from these Terms through mutual negotiation in good faith.
Legal Action:
If negotiation fails, the Client may only pursue legal action under Japanese Law at the district court closest to the Company’s main office.
Jurisdiction for Non-Payment or Damages:
In the event that the Company must pursue legal action in the Client’s jurisdiction or country for non-payment or damages, the Client agrees to pay for all legal, transportation, lodging, and other related expenses incurred by the Company in connection with such legal action.
Severability:
If any part of these Terms is found to be illegal or unenforceable, the remaining Terms will continue to be valid and enforceable.