Smile JV Terms and Conditions
Smie JV Ltd. provides the following terms and conditions for all clients who purchase goods or services from us. Those who use our service or purchase goods 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.
These terms and conditions are subject to change without notice.
Definitions
1.“Us” or ”We” or “Our” or “Seller” or "Smile JV" or “Smile” or “Smile Japanese Vehicles” refers to Smile JV Co. Ltd., and/or our associated suppliers, agents or business partners.
2.“You” or “Your” or “Buyer” refers to a client, customer, purchaser, agent, or any entity, or any peron/s who corresponds or acts in concert with Smile JV to procure a vehicle.
3.“Securing a vehicle” means us entering into a contractual arrangement in which we are financially liable to purchase goods as a result of your instructions (eg. Us winning a bid at auction or us finalizing negotiations in order to supply you with a goods/vehicle) or your payment on one of our stock vehicles/goods.
4.“transit” refers to the vehicle/goods 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, cargo or machinery.
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, wether or not immediately apparent.
7. “Work” refers to exertion or effort by us to secure a vehicle on your behalf, provide you with goods and services, or incur costs as a result of your intructions.
1. Vehicle Procurement Service Fees
Our service fee is that which is advertised on this website, provided to the buyer, or negotiated with the buyer prior to securing a used vehicle or goods. The fee covers the services that we provide to secure, on your behalf, of a used vehicle or goods from an auction in Japan, or a motor vehicle dealer in Japan, or any other party that you instruct us to secure goods from. Our services are numerous and can include, but are not limited to the following - bidding on the vehicles/goods, providing translation of the auction vehicle inspection report, physical inspection of the vehicle/goods, taking of pictures of the vehicle/goods and providing those pictures via electronic mail, recording of video of the vehicle/goods 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.
2. Deposit
A deposit is required towards the services provided of vehicle/goods 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 vehicle with a bid price 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. Smile JV 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.
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 Bank, Paypal, and PayTrade Transaction Fees.
Most deposits made to our bank account by International Monetary Transfer incurs a JPY 4000 fee which is factored into the invoice. If customers are making more than one payment they should ad this to the bank transfer.
Payments made via Paypal (inlcudes Credit Card Payments) incurs fees charged by that organization - we will add these fees to your invoice (Please refer to www.paypal.com for further information). Payments made via PayPal are for auction buying services (not products) and clients should specify this when making PayPal transfers.
Payments made via PayTrade (a service provided by Car View Corporation and only applicable to Vehicles purchase via this system) incur fees charged by that organization. Please refer to www.tradecarview.com for further information.
3.2 Exchange rates
All transactions are in Japanese Yen and calculated on the day the invoice is issued or the day an auction bid is successfull. Any quotation in other currencies are for guidance only and any delay in payment that results in a loss to us due to currency fluctuation will be adjusted accordingly.
3.3 Stock Used Vehicles
Stock is sold on a “first come, first serve” basis so it's advisable 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 car and make adjustments for any price difference.
3.4 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 Smile JV Ltd. until such time as full payment has been received and subject to Provision 6.
If payments are not made within 7 days from the date that the vehicle was secured on your behalf a late payment penalty of 5% of the vehicle cost applies. In addition a flat JPY 15,000 per week penalty applies. In the unfortunate event that full payment is not received within 2 weeks, we reserve the right to re-auction or sell the vehicle. Should this situation eventuate the buyer is responsible for all associated costs incurred by us in buying and reselling the vehicle, plus service fee equivelant to the initial buying service charged. We will use any means possible to claim these costs and fees.
In all situations we require payment in full before shipping.
3.5 Service Cancellation and Refunds
The deposit is refundable for any reason prior to us securing a vehicle on your behalf, less any bank fees or associated costs. Smile JV. 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.
4. Warranty and Condition
Vehicles 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 Cars are 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 ordinary 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 we cannot be held responsible. Japanese Auction sheets are written in Japanese and most often need to be translated and interpreted into English; Smile JV will will make every effort to do this accurately, however we will not be responsible for errors or inaccuracies that may occur.
We cannot be held responsible for anything beyond our control or unforseen by us, or any negligence by a third party. This includes, but is not limited to: delays whilst the vehicle is in transit; damage, theft or loss whilst the vehicle is in transit; damage, theft or loss of documentation; changes or fluctuations in currency; damage or loss resulting from natural disasters or terrorism, or any other circumstance beyond our control.
5. Import Laws & Regulations
It is the buyers responsibility to be aware of all requirements (this includes but is not limited to any legal, regulatory, quarantine, customs and clearance) and associated costs when importing a vehicle. 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.
6. Risk and Title
All risk of the Vehicle shall pass from Smile JV to the Buyer at the time when the vehicle exits Smile JV yards (located in Konohana-ku, Osaka) or when the Vehicle leaves the auction house. Title shall be conveyed from Smile JV to to the Buyer at the time the vehicle passes the rail of the ocean going vessel at the port of loading.
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 Osaka District Court or the Osaka 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.
8. Severability
If a court of relevant jurisdiction decides that any part of this Agreement is not enforceable or in conflict with the law, such unenforceable or conflicting term shall be severed from the Agreement and disregarded, but the remaining terms will continue to apply.
9. Other terms
a. Marine Insurance is available upon request as is valid for 115 days from the date of purchase, notwithstanding shipping intercoms. After 115 days buyers must request that a new insurance policy be issued.
b. Buyers who act as agents are responsibile for communicating these terms to their clients.
