Smile JV Terms and Conditions
Smile JV Ltd. provides the following terms and conditions for all clients who use or purchase goods and/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.
By using 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.
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.
These terms and conditions are subject to change without notice.
Definitions
“Us” or ”We” or “Our” or “Seller” or "Smile JV" or “Smile” or “Smile Japanese Vehicles” refers to Smile JV Co. Ltd.
“You” or “Buyer” or “User” or “Customer” or “Client” or “Purchaser” refers to any person/s, company, agent, or entity, who corresponds or acts in concert with Smile JV to procure products or use our services.
“Account holder” or “Account” is a user who created a bidding account in our system and is responsible for all obligations relating to vehicles purchased under that account.
A “product” or “good” may also refer to a vehicle.
“Vehicle” and “car” and “bike” may be used interchangeably and means a device that is used to transport people, cargo or machinery.
“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.
“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 goods or a vehicle) or your payment on one of our stock vehicles/goods.
“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)
“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 instructions.
Vehicle Procurement Service Fees
Our service fee (also called a buying 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.
Deposit
A deposit is required before we start working for you. The deposit is toward services provided in procuring vehicle/s on your behalf from auctions or dealers in Japan and not a deposit against the actual vehicle:
¥150,000 or 15% deposit for a vehicle with a bid price to ¥5,000,000.
Negotiated deposit for a vehicle with a bid price over ¥5,000,000.
The deposit is refundable for any reason prior to us securing a used vehicle on your behalf, less any bank fees or associated costs. Refunds are only available via PayPal (due to the extreme costs of making international bank transfer) and we will a ¥15,000 processing fee. In addition, we reserve the right to charge a reasonable fee for work done if you request a refund (¥1000 per translation, ¥1000 per bid placed, ¥6000 yen per inspection done).
Payments
All payments for vehicles shall be by International Bank Transfer. Deposits for auction buying services can be made via PayPal. Vehicle purchases will not be accepted through Paypal.
Accounts holders are responsible for advising us as to the details of payments made, for example the amount sent, the date sent, the payers account name or financial institution name, and identify the VIN/Chassis number which the payment applies to.
Full payment must be made by the invoice due date which is set at 5 days.
If payments are not made within 10 days of the invoice issue date we will suspend accounts until overdue amounts have been made.
If payments are not made within 14 days of the invoice issue date we reserve the right to charge a late payment fee in the amount of 2% of the invoice value, and 2% for each additional week that the amounts remain un-paid.
In the unfortunate event that full payment is not received within 21 days the invoice issue date, we reserve the right to re-auction or sell the vehicle. Should this situation eventuate the account holder is responsible for all associated costs and losses. We will use any means possible to claim these costs and fees.
Bank, Paypal, and PayTrade Transaction Fees.
Deposits made to our bank account by International Monetary Transfer incur a JPY 2500 fee which is not factored into the invoice. If customers are not able to select an option to include all fees, then they should add this to the bank transfer.
Payments made via Paypal incur fees charged by that organization (please refer to www.paypal.com for further information). These fees are approximately 4% and will be deducted from amounts transferred.
Payments made via PayPal are for auction buying services (not products) and clients should specify this when making PayPal transfers.
Exchange rates
All transactions are in Japanese Yen. Any quotation in another currency is for guidance only and we will records the amount of Japanese Yen received after converting by our bank. Any delay in payment that results in a loss due to currency fluctuation will be adjusted accordingly.
Agents and third Parties
Account holders who act as agents shall ensure that all relevant third parties are aware of our terms and conditions and any associated risks.
The obligations and agreements between us and an account holder who acts as an agent, takes precedence over any obligations we may have to any third party associated with that account.
If an account holder, who, may be acting as an agent or otherwise, fails to perform, or is unwilling or unable to perform an obligation and beaches this agreement, we reserve the right to use all possible means to manage and recover losses from that account. This may include re-possessing any vehicles procured by that account, notwithstanding which party is stated on any documents, such as invoices or shipping documents, or which party payments originated from.
Cancellation and Refunds
Once we have secured a vehicle on your behalf, for example by winning an auction bid it is not possible to cancel. If requested, and after payment has been made, we will assist clients in re-selling un-wanted vehicles at auction however we will not be responsibile for any additional costs or losses.
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.
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.
Buyers are responsible for costs associated with ensuring that a vehicle can be transported and/or exported according to the requirements of our agents (transport, freight forwarding agents, or shipping lines) or any government or regulatory authorities.
Risk and Title
With regard to products intended for export and treated as an international transaction, title shall be conveyed from Smile JV to the buyer at the time the vehicle passes the rail of the ocean going vessel at the port of loading.
With regard to products intended for and/or treated as export goods, risk of the vehicle shall pass from us to the buyer at the time and place of procurement (eg. at the auction house when a bid is won).
With regard to products intended for and/or treated as domestic Japanese transactions, risk and title shall pass to the buyer at the time and place of procurement (eg. at the auction house when a bid is won).
In all situations payment is required before title is transferred.
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.
Insurance
Marine Insurance is available on all vehicles and clients should contact us for more information regarding the policy details. Our insurance policy may include a pre-shipment time limit, so buyers need to be aware of this. We would not be held responsible for any lapse of coverage when delayed payments delay the export procedures.
Privacy Policy
You privacy is important and we fully respect this. Our privacy policy is available for your review.
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.
