Kobe Motor Company Terms and Conditions
These Terms and Conditions (the “Terms and Conditions”) apply when you use our Services and when you purchase our Goods through our Website (the “Website”) or any other means of communication (phone, purchase order, whatsapp, direct communication etc.).
You acknowledge that you have read these Terms and Conditions and you acknowledge that you agree with them.
The Website and all content provided are the property of the Kobe Motor Company (the “Company”), including all copyrights, trademarks, trade secrets, patents, and other intellectual property (the "Intellectual Property"). You agree that the Company owns all right, title and interest in and to the Intellectual Property and that you will not use the Intellectual Property for any unlawful or infringing purpose. You agree not to reproduce or distribute our Intellectual Property in any way, without express written permission from the Company.
Kobe Motor Company sells Goods or Services on the Website or through any other means of communication. Kobe Motor Company tries to be as accurate as possible with all data and information regarding the Goods and Services, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any information, and you acknowledge and agree that you purchase such products at your own risk.
You acknowledge that prices are subject to change. The Company reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. The Company reserve the right to place any additional restrictions on the sale of any Goods or Services.
For any questions, concerns, or disputes with anything You have purchased on our Website or otherwise you may contact us in a timely manner and we will make our best efforts to resolve the issue in such a way that you are satisfied as a customer, and in any case we will fulfill our obligations required by applicable laws and regulations.
Our email for customer support is: email@example.com
DELIVERY AND SHIPPING
After payment has been confirmed for ordered goods, The Company will book the shipping of goods in accordance with the terms of Carrier. The place of delivery will be the facility of the Carrier. All risks pass to you after handover to the Carrier.
During or after shipping, The Company is not liable for any damage of Goods, theft, or loss of items or parts during transportation to the point of destination.
Schedules of the Carrier are approximate, and Kobe Motor Company is not liable for Carrier delay, error, or non-performance.
You are responsible for compliance with applicable import laws, regulations, and procedures, including but not limited to limits to car age, class, and drive side. The Company will not be liable for non-compliance or denied entry. Any demurrage or charges invoiced for such vehicles shall be fully paid by you.
After receiving shipment it is your responsibility to check and refill engine oil, radiator coolant, and other consumables.
LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to you as a result of your use of the Website or Services or purchase of Goods, to the fullest extent permitted by law. Our maximum liability arising from or relating to these Terms and Conditions is limited to the amount you paid to the Company. This clause applies to any and all claims by you, including, but not limited to, lost profits or revenues, negligence, consequential or punitive damages, strict liability, fraud, or torts of any kind.
You acknowledge that your use of the Website and Services or purchase of Goods is at your sole and exclusive risk and that any Services or Goods provided by us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability.
You agree to defend and indemnify Kobe Motor Company and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use/misuse of the Website, Services, and purchase of Goods, your breach of these Terms and Conditions, or your actions or conduct.
BASIC POLICY AGAINST ANTI-SOCIAL FORCES
In order to prevent damages caused by groups or any individuals, classified as "Anti Social Forces" (ASF), that pursue economic benefit by the use of violence, force, and fraudulent means, The Company, hereby declares the following basic policy:
- The Company will primarily ensure the safety of its employees against ASF and implement appropriate measures as an organization
- The Company will terminate all relationships with any parties deemed to be ASF, including business relationships, with The Company's staff offering their support in this matter.
- The Company will never offer any benefits or conduct any form of transactions with ASF.
- The Company will decisively reject any unreasonable demands from ASF with absolute fortitude. The Company will take whatever necessary civil and criminal legal action to respond to these demands.
- In order to eliminate ASF activity, The Company will establish a collaborative relationship and maintain close communication with outside professional organizations, including the police, lawyers, along with the ASF Elimination Center.
Kobe Motor Company complies with the OECD Anti-Bribery Convention, and other applicable international and local laws. Any dissonant transaction is to be deemed illegal.
SECURITY EXPORT CONTROL
You may be asked to register with us and during this process, you may provide personal information. This identifying information will enable you to use the Website, Services, and Purchase Goods. You are responsible for ensuring that the information you provided is accurate and correct. Providing false or inaccurate information, using the Website or our Service for fraud or unlawful activity are grounds for your legal responsibility.
Kobe Motor Company is not responsible for any losses resulting from incorrect, inaccurate, or incomplete information you have provided to us.
Full payment is due seven days after invoice issuance and is deemed paid after Kobe Motor Company receives your electronic fund transfer.
If the Goods are shipped based on part payment, full payment is due ten days (10 days) after the Carrier's sailing date. If you fail to pay us the full invoice price by seven days after the Carrier’s sailing date (in case of part payment), the Goods will be deemed unpaid, The Company might forfeit any part/all payment and the Company is entitled to possession of and may resell any unpaid Goods.
Charges not included in the invoiced price such as Bank charges and other transaction costs are payable by you.
After the Company handover the Goods to the Carrier, the order becomes uncancellable.
Original transportation documents will only be released and sent to you after confirmation of full payment. You must make a timely and full payment so that we can process and send the documents to you. The Company will not be liable for loss arising from damaged, delayed, erroneous, lost, non-amended, non-issued, or retained documents. Notwithstanding, The Company may allocate payments to any unpaid cars or hold any payment as security at The Company's discretion.
Letter of Credit (LC) Conditions
The Company is unable to accept LCs which do not meet the requirements as stated below.
- Form of Documentary Credit - Irrevocable.
- Drafts at: Sight
- Transhipment/Partial Shipment - Allowed.
- Port of Loading - Any Port in Japan.
- Discrepancy on the description of goods for misspelling or typing error that does not affect the meaning of a word or the sentence in which it occurs acceptable, except for the Chassis No. and Year/Month of first registration.
- LC number will not be mentioned on Original Certificate of Cancelled Registration, translation of Original Certificate of Cancelled Registration, and Inspection Certificate.
- All documents shall be in the language of English, except the Original Certificate of Cancelled Registration.
- All Bank charges including reimbursement Bank's charges outside of Japan are on Applicant's account.
- Period of presentation: 60 days from LC Issue Date LC Validity: 90 days from LC Issue Date.
- Please advise the LC through: MUFG BANK, LTD. BIC: BOTKJPJT.
You acknowledge that Third-Party service providers, including but not limited to Banks and Carriers, are not controlled by or related to The Company, and The Company will not be liable for any loss arising from their performance, taking Goods in Third Party custody, or for Third Party delay, error or non-performance.
Through your use of the Website, Services and purchase of Goods, you agree that the laws of Japan shall govern any matter or dispute relating to or arising out of these Terms and Conditions, as well as any dispute of any kind that may arise between you and The Company.