1. GENERAL
JDM Co.Ltd ("JDM") operates the website WWW.JDMCARS.JP (the site) in accordance with the following terms of use (terms). By using the site, you acknowledge you agree to these terms.
2. COPYRIGHT
Copyrights to all content on the site WWW.JDMCARS.JP belong to JDM. Reproduction or use of content, or copying the materials from the site is allowed only with site JDM’s agreement. Customer requests for any reproduction of content held by JDM shall be directed to the "Contacts" indicated in one of paragraph.
3. OTHER AGREEMENTS
These terms govern all transactions except where JDM signs a separate written contract with you. If JDM signs a contract with you, that contract will prevail, if general terms and contract's terms differs.
4. TERMS IN OTHER LANGUAGES
Only the Russian version of these terms is authoritative. Non-Russian translations are not legally valid and intended for only convenience.
5. REGISTRATION
Customer account registration is required to make transactions, to make personal account and to make auction's bids. Registration is free. To register, you must provide JDM accurate, complete, and current information about yourself. JDM will not be liable for loss arising from wrong information.
6. PRICING AND SALE
Cars are priced in United States dollars or Japanese yen and (unless otherwise stated in writing) sold on C&F (Cost&Freight) or FOB (Free On Board) terms.
7. PAYMENT
Full or part payment is due seven days after invoice issuance. The invoice is deemed paid on JDM’s receipt of your electronic funds transfer. If cars shipped on part payment, full payment is due seven days after the carrier’s sailing date.Bank charges and other transaction costs are not included in the invoice price and payable by you.
8. DELIVERY AND SHIPPING
After full or part payment, JDM books shipping subject to carrier’s terms. The place of delivery is a port warehouse. Liability for a goods passes to you at the time of loading to the carrier. Carriers’ schedules are approximate, and JDM will not be liable for carrier delay, error, or nonperformance. You must comply with applicable import law and procedure, including limits to car age, class, and drive side (right-hand drive or left-hand drive). JDM will not be liable for noncompliance the law or normative acts or denied entry for any vehicles to the consignee's country. On receiving shipment, JDM advises checking and refilling engine oil, radiator coolant, and other consumables.
9. DOCUMENTS
Original transportation documents are released and sent to you only after full payment. You must make timely full payment for processing, delivering and sending before arrival to the port of shipment. JDM will not be liable for loss arising from damaged, delayed, erroneous, lost, non-amended, non-issued, or non-retained documents.
10. NONPAYMENT AND CANCELATION
If you fail to pay JDM the full invoice price by seven days after the carrier’s sailing date, the vehicle will be deemed unpaid, and you might forfeit any part payment. JDM is entitled to possession of and may resell an unpaid vehicle. After JDM tenders a vehicle to the carrier, the order becomes non-cancelable.
11. SITE CONTENT
JDM exercises due care in posting information on the site. Pay attention - JDM makes no warranty of completeness, accuracy, validity, or safety thereof for the information posted on the website. JDM will not be liable for loss arising from decisions or actions taken by you reliant on information posted on the site.
12. NONPARTY PROVIDERS
You acknowledge nonparty service providers, including banks and carriers, are not controlled by JDM. Pay attention - JDM will not be liable for loss arising from cooperation with them, or for nonparty service provider’s delay, error, or non-performance.
13. WARRANTY
JDM offers the site and vehicles without warranting fitness for your particular purpose and merchantability. JDM warrants only that vehicles correspond to descriptions on the site, and a vehicle is deemed defective only if not corresponding to description. JDM will not be liable for disclosed vehicle defects.
14. LIMITED LIABILITY
The JDM's liability limited to the invoice price (car's cost). JDM will not be liable for more than the invoice price of the subject car (or cars). JDM will not be liable for direct, indirect, or punitive damages; or lost business, profit, or use.
15. INDEMNITY
You shall indemnify JDM for loss arising from your breach of these terms, negligence, wrongdoing, or violation of contract or third-party rights or law.
16. ANTICORRUPTION
JDM complies with the Japan Unfair Competition Prevention Act, OECD Convention on Combating Bribery of Foreign Public Officials, and other anti-corruption applicable law. Any contravening transaction of prohibited.
17. ANTI-SOCIAL FORCES
JDM adheres to the Japanese legislation prohibiting the organized crime. JDM takes measures to prevent anti-social transactions, including screening business partners for anti-social affiliations and including terms excluding anti-social forces in procurement and sales contracts. Any contravening transaction is prohibited.
18. SECURITY EXPORT CONTROL
JDM complies with local and global laws relating to the global security and fight against terrorism, including export controls and catch-all controls and other applicable laws and regulations to prevent illegal weapons development. Any contravening transaction is prohibited.
19. MISCELLANEOUS
These terms constitute the entire agreement between you and JDM. A forbearance in exercising or requiring satisfaction of a provision, act, omission, or course of dealing will not waive a right, remedy, or condition. If part of these terms is held unenforceable, the rest remains effective as written except where held unenforceable. These terms are governed and adjudicable by only the laws and courts of Japan.
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