Terms and Conditions

Auto Access Japan Ltd. provides the following terms and conditions for all clients who purchase used Japanese cars, used European cars, used Japanese Buses or used Japanese trucks or services from us. Those who use our service or purchase vehicles from us shall understand, and agree to, and comply with each of the following provisions.

If you do not agree to accept any of the following provisions, please notify us and do not continue or pursue any business dealings with us. By entering this website and/or continuing to procure goods and/or service from us you will as a matter of course be deemed as accepting all provisions of these terms and conditions.

Definitions

1. “Us” or ”We” or “Our” or “Seller” refers to “Auto Access Japan Ltd.”  or our associated suppliers or our agents or business partners (Smile Japanese Vehicles).
2. “You” or “Your” or “Buyer” refers to a “client”, “customer”, “purchaser” of the vehicle, agent, or any person/s or entity who corresponds with us to procure goods or services.
3. “Securing a vehicle” means us entering into a contractual arrangement in which we are financially liable to purchase a used Japanese car, used European car, used Japanese Buses or used Japanese Trucks as a result of your instructions (e.g. Us winning a bid at auction or us finalizing negotiations in order to supply you with a used vehicle).
4. “Transit” refers to the vehicle being transported by any means or at any location in the supply chain  (for example, within Japan, outside Japan, by sea or land, on board any vessel, at the initial, intermediary, or final destination port)
5. “Vehicle” and “car” may be used interchangeably and means a device that is used to transport people or cargo.
6. “as is” is a legal term that disclaims some implied warranties, in this case for vehicle/s being sold. The buyer accepts the vehicle is being purchased in whatever condition it exists and accepts the vehicle with all faults, whether or not immediately apparent.
7. “Work” refers to exertion or effort by us to secure a vehicle on your behalf and includes human labour and other associated costs such as phone calls, etc.

Provision 1 - Vehicle Procurement Service Fees

Our service fee is that which is advertised on this website or negotiated with the buyer prior to securing a used vehicle. The fee covers the purchasing, on your behalf, of a used car, truck or bus from an automotive or machinery auction in Japan or a motor vehicle dealer in Japan. Our services provided for procuring a vehicle through the Japanese auctions or otherwise are numerous and can include but not limited to the following - bidding on the vehicle directly with the auction house, providing translation of the auction vehicle inspection report, physical inspection of the vehicle, taking of pictures of the vehicle and providing those pictures via electronic mail, recording of video of the vehicle and providing that video via the internet to be viewed, preparation of necessary documentation for the export of the vehicle, sending via courier the required documentation for the importation of a vehicle into the clients nominated shipping port, research of the clients required vehicle for pricing and bidding requirements, negotiations with auctions or dealers for the purchase of vehicles.

Provision 2 - Deposits

A deposit is required towards the services provided of vehicle procurement from automotive auctions or otherwise in Japan, prior to us procuring a used vehicle from such auctions or dealers in Japan for you, based on the estimated used vehicle value. The deposit is strictly toward services provided in procuring the vehicle on your behalf from auctions or dealers in Japan and not a deposit against the actual vehicle:

1. 20% deposit for a used car, truck or bus with an estimated value of under ¥2,000,000.
2. 30% deposit for a used car, truck or bus with an estimated value of between ¥2,000,000 to ¥4,000,000.
3. Negotiated deposit for a used car, truck or bus with an estimated value of over ¥4,000,000.

The deposit is refundable for any reason prior to us securing a used vehicle on your behalf, less any bank fees or associated costs. Auto Access Japan Ltd. reserves the right to charge a reasonable fee if work and/or effort has gone into securing a used car, truck or bus on your behalf prior to a refund being requested.

Provision 3 - Payments

All payments for vehicles shall be by International Monetary Transfer or Paytrade through the Trade Car View website. Deposits for auction buying services can be made via PayPal. Vehicle purchases will not be accepted through Paypal.

3.1 Exchange Rates

All prices quoted are either in Japanese Yen (JPY) or conversions to other currencies. Prices quoted are valid only on the day the conversion was made and communicated to the client. If there is a currency fluctuation between the time of quotation and final payment, we reserve the right to receive any differences in amounts from the client. 

3.2 Stock Used Vehicles

Stock is sold on a “first come, first serve” basis and is supplied to the client who first provides full payment. We advise all clients to make full payment as soon as possible and provide us with a copy of your payment advice. If the car is sold after you have paid we will either refund your payment or find you another used car, truck or bus and make adjustments for any price difference.

3.3 Procured Used Vehicles

Full payment must be made within 2 business days after used vehicle procurement via auction or any other means.

The ownership of procured used vehicles remains that of Auto Access Japan Ltd. until such time as full payment has been received and subject to Provision 6.

A late payment penalty of ¥15,000 + 5% vehicle cost applies for payments not made within 7 days from the date a used car, truck or bus has been secured on your behalf. In the unfortunate event that full payment is not made within 2 weeks, we reserve the right to re-auction or sell the used vehicle. Should this situation eventuate we will refund the buyer the deposit minus all associated costs incurred by us in buying and reselling the used car, truck or bus, plus a reasonable fee for work carried out by us securing a used vehicle on your behalf and at your request, and then selling the vehicle.

In all situations full payment is require prior to the shipping of the vehicle.

3.4 Bank, Paypal, and PayTrade Fees

Each deposit made to our bank account by International Monetary Transfer incurs a ¥4,000 fee which is factored into your invoice.

All payments made via Paypal (a service provided by Palpal Inc.) incur fees and charges charged by that organisation – please refer www.paypal.com for further details.

All payments made via PayTrade (a service provided by the Carview Corporation and applicable to only our vehicles purchased through the Carview Corporation) incur fees and charges charged by that organisation – please refer to www.tradecarview.com for further details.

3.5 Service cancellation and refunds

The deposit is refundable for any reason prior to us securing a used Japanese car, used European car, used Japanese Bus or used Japanese truck on your behalf, less any bank fees or associated costs. Auto Access Japan Ltd. reserves the right to charge a reasonable fee for work undergone in securing a used vehicle on your behalf, at your request, prior to a refund being requested.

Provision 4 - Warranty and Condition

Used Japanese cars, used European cars, used Japanese Buses and used Japanese trucks are exported and sold by us on an “as is” basis and we do not in any way, expressly or impliedly, give any warranties or guarantees to Buyer. Seller expressly disclaims any implied warranties of merchantability or of fitness for a particular purpose.

Japanese auction vehicles are independently inspected and graded by professional inspectors at the relevant auction house. The Auction report is very accurate and will often provide more information than what can be seen in photos, for example very small scratches and dents may not always appear in ordinary photos. Errors or inaccuracies in vehicle reports rarely occur but should they occur Auto Access Japan Ltd. is not liable or responsible for these errors. Japanese Auction sheets are written in Japanese and most often need to be translated into English. While making every effort to translate this information accurately, Auto Access Japan Ltd. is not liable or responsible for errors in translating this information.

Auto Access Japan Ltd. is not liable or responsible for any damage, loss or other by any third party, organisation, entity or individual. This includes, but is not limited to: delays whilst the used vehicle is in transit or storage; damage, theft or loss whilst the vehicle is in transit or storage; changes or fluctuations in currency; damage or loss resulting from natural disasters or terrorism, or any other circumstance.

Provision 5 - Importation Laws & Regulations

It is the clients responsibility to be aware of all legal requirements and associated costs when importing a used Japanese car, used European car, used Japanese Bus or used Japanese truck into their chosen  country. We assume that the buyer is fully aware of any such requirements. We recommend that the buyer check any advice that we provide as rules and regulations can change without notice and will not be held liable for any verbal or written advice we provide in relation to these matters.

Provision 6 - Risk and Title

All risk of the used vehicle shall pass from us to the Buyer at the time when the used Japanese car, used European car, used Japanese Bus or used Japanese truck passes the rail of the ocean-going vessel at the port of loading. Title to the used vehicle shall be conveyed from Seller to Buyer at the time when the used vehicle passes the rail of the ocean-going vessel at the port of loading.

Provision 7 - Governing Law and Jurisdiction

This Agreement and all matters related to this Agreement shall be governed by and interpreted in accordance with the laws of Japan. The buyer hereby submit to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court for any disputes arising in connection with this Agreement. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from application to this Agreement.

Severability

If a court of relevant jurisdiction decides that any part of these terms and conditions are not enforceable or in conflict with the law, such unenforceable or conflicting terms shall be severed from these terms and conditions and disregarded, but the remaining terms will continue to apply.

These terms and conditions can be changed or updated at any time without notice.