Normal Term and Condition of Service
Welcome to trendy168.com ("Site"), an information service of the Trendy Information Co., Ltd. The following is important information regarding this Site’s service, our normal terms and conditions for your use of the Site as a visitor or a registered member of the trendy168.com community. By using this Site, you accept the Normal Terms and Conditions for Service set forth below.
DEFINITION AND APPLICATION
In these conditions the following words shall have the following meanings:
- “Company”
- TRENDY INFORMATION CO., LTD.
- “Customer”
- any Person at whose request or on whose behalf the Company undertakes any business or provides advice, information or services
- “Unit”
- the cargo to which any business under these conditions relates (automobile & parts)
- “Transport”
- container, Ro-Ro, and in connection with the carriage of Goods by land, sea or air
- "Vehicle Availability date"
- vehicle availability date approximated at order time
TERMS AND CONDITIONS
- Company shall perform its duties with a reasonable degree of care, diligence, skill and judgment.
- Agent fee for unit with or without certain shipping method will be determined.
- Additional Japan local transport costs for further Auction location will be charged to customer according to provided list.
- Customer must give Company purchasing and shipping instructions in writing. Company shall not assume any responsibility for any delays or omissions to shipment if instructions were not given in writing.
- Estimations provided by Company serve as a guideline only and is based on preliminary information provided by customer. Final cost for unit will be determined when actual final Sales Contract is completed.
- Unsigned offer is valid only for a period of 48 hours.
- Since ocean freight and other intermodal freight rates are beyond our control, Sales Contract’s quotation is based on the prevailing rates and surcharges currently in effect at time of quotation by the ocean carrier and transportation company. Any increase or surcharge as assessed at will be added to the price.
- Shipping time is approximated and Company is not responsible for any delays caused by highway problems, shipping line schedules, over-booking, technical problems in equipment or vehicles, strikes, port authorities, labor problems at the origin or destination and or other reasons beyond our control including "force majeure".
- Except under special arrangements previously made in writing by an officer of the Company so authorized, the Company accepts no responsibility with regard to any failure to adhere to agreed departure or arrival dates of Unit(s).
- Rate is based on consolidation service and/or container freight station's regular receiving & loading time schedules and therefore Company cannot be held responsible for exact shipping dates.
- Company shall be relieved of liability for any loss or damage if, and to the extent that, such loss or damage is caused by strike, lock-out, stoppage or restraint of labor, the consequences of which Company is unable to avoid by the exercise of reasonable diligence; or any cause or event which the Company is unable to avoid, and the consequences of which the company is unable to prevent by the exercise of reasonable diligence. Company will not be responsible for loss or damage to goods by fire or moths, rust or deterioration by time while in its care and possession.
- Customs regulations, residence and import requirements, port fees and tax laws differ in each country and are subject to periodic change. Company can therefore only offer guidance but cannot be responsible for miss-advice. Company shall not be held responsible for any advice or information given regarding customs regulations, port fees, etc. at port of destination.
- Any and all purchasing service agreement(s) for Customer and Company are placed in writing, and no manufacturers or other warranties or guarantees are implied unless specified in writing. Customer agrees that Company makes no warranty in fact or in law that Unit which is the subject of this sale is suitable for any particular use or purpose and that the suitability of the merchandise for any use is the sole responsibility of Customer and shall look solely to the manufacturer of the vehicle with respect to any warranty or product liability claims. All sales are final and are based strictly on a mutually co-signed Sales Contract, which specifies any or all payment terms.
- Should Sales Contract be canceled for any reason before purchase of Unit(s), or possession has been taken, or being booked on a particular ship, an administrative charge shall be assessed. This fee will be in addition to any other charges relative to the agreed service/shipment, i.e. missed vessel reservation/booking, roll over charges, storage/demurrage, pickup fees, long distance calls, staff time, etc.
- Any claim by the Customer against the Company arising in respect of any service provided for the Customer, or which the Company has undertaken to provide, shall be made in writing and notified to the Company within 14 days of the date upon which the Customer became, or ought reasonably to have become, aware of any event or occurrence alleged to give rise to such claim, and any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred, except where the Customer can show that it was impossible for him to comply with this time limit, and that he has made the claim as soon as it was reasonably possible for him to do so. First, any damage should be properly noted at moment of receipt while carrier agent is still there. If goods are placed in storage, claim, if any, must be made before storing. Then a copy of the damage report should be sent to Company immediately, so as to expedite a proper resolution.
- Should Company commence legal action and prevails, then Company will be entitled to reimbursement of all its attorney fees and court costs. Legal competency and exclusive jurisdiction and venue for resolution of any issues arising hereunder shall be within the legal system of Japan.