TERMS & CONDITIONS
The following Terms & Conditions govern the use of MAK Investment services by Customers.
SECTION 1 - REQUESTING A PROFORMA INVOICE
(a) Users who wish to obtain a proforma invoice (Proforma Invoice) for a certain used car (Vehicle) can request for it via email by sending the required information requested by MAK Investment .
(b) Although Users may communicate with MAK Investment regarding then-available vehicles, the Vehicle shall only be available to the first User whose full payment is credited to MAK Investment’s bank account in Japan.
(c) If MAK Investment sends Users an updated Proforma Invoice, Users shall accept as a correct and replaced Proforma Invoice and MAK INVESTMENT shall in no way be liable for any top-up payment to be billed to Users.
SECTION 2 - TRANSFER OF TITLE AND RISK
The title to and risk of the Vehicle shall pass from MAK Investment to Users at the time of delivery. The delivery term shall be designated by MAK Investment on the Proforma Invoice from the International Commercial Terms 2000 (Inco terms 2000) set forth by the International Chamber of Commerce (ICC). For example, title to the Vehicle purchased under FOB or the C terms (CIF, CFR, and C&I) is transferred at the time when it passes the ship’s railing at the port of export.
SECTION 3 - FORWARDING AND SHIPPING
Once the contract of purchasing a Vehicle is concluded between MAK Investment and Users and necessary paperwork is completed, MAK Investment shall promptly notify Users of shipping details.
SECTION 4 - CONCLUSION OF CONTRACT
(d) Users who wish to purchase Vehicle(s) from MAK Investment through the Services shall remit the amount indicated in the Proforma Invoice by bank wire transfer, & remit the funds only to specified account mentioned on Proforma Invoice by MAK Investment . Users shall remit in the currency specified by MAK Investment .
Users shall pay all fees incurred from remittance.
(e) The contract is concluded when it is verified by MAK Investment that the Vehicle is available for Users and full payment as quoted on the Proforma Invoice is done by Users and confirmed by MAK Investment
(f) When payment is made by Users and confirmed by MAK Investment , customer shall be notified of the fact that the contract has been concluded by email or other means that are considered to be appropriate by MAK Investment . Users who made said remittances are deemed to have understood and agreed to all of the terms set forth in the Proforma Invoice.
(g) Users shall research any import regulations regarding the Vehicle before importing it. Users shall also pay all duties and taxes assessed on importing the Vehicle.
(h) Users shall comply with any import restrictions, guidance and instructions from the relevant authorities that arise from neglecting to proceed the importing, and MAK Investment shall not be liable for Users’ incompliance with any restrictions, guidance and instructions. Users shall bear the risk of any damages after the shipment of the Vehicle, and MAK Investment shall not be liable for such damages.
SECTION 5 - TERMINATION OF CONTRACT
(i) Even in cases where the contract has been concluded, MAK Investment may terminate the contract if (a) the vehicles cannot be delivered for reasons related to import restrictions, guidance or instructions from the relevant authorities,
(b) Users made false statements or has performed illegal acts, or (c) it is recognized that the contract is rendered impossible to execute.
(j) When MAK Investment terminates the contract, MAK Investment shall return to Users any payment done by Users in full amount. Users shall pay any fees claimed by any banks regarding such return, and MAK INVESTMENT shall pay no interest whatsoever to Users on such returned funds. Further, Users shall pay to MAK Investment any actual costs that arise through the period up until the refund is made, and MAK Investment shall not be liable for such costs whatsoever.
SECTION 6 - CANCELATION AND REFUNDS
(k) After full payment is received by MAK Investment, Users may not cancel the contract.
(l) Users may request for refunds only if Users have a credit balance of more than USD 500 and if there are no pending debts in the account.
(m) Users may request for refunds only to the bank account from which the payment was made.
(n) Users shall pay remitting fees for banks incurred on such refunds.
SECTION 7 - LIABILITY
(o) All of the Vehicles are sold and delivered to Users on “as-is” basis. MAK Investment shall not be liable for any defects in the Vehicles.
(p) MAK Investment shall not be liable for personal injury or other accidents caused by the Vehicles.
(q) Users shall indemnify and hold harmless MAK Investment against any liabilities, damages, claims, losses, costs and expenses (including legal fees) arising from any product liability claim for the Vehicles.
SECTION 8 - RESTRICTIONS ON USE
(r) Any illegal actions are strictly prohibited and Users shall indemnify MAK Investment for any loss arising from Users’ such actions.
(s) Users shall not use any computer program that is harmful for MAK Investment , the Services or MAK Investment’s website.
SECTION 9 - CHANGE NOTIFICATION OF TERMS AND CONDITIONS
(t) MAK Investment and Customers shall strictly comply with these T’s & C’s.
(u) When changes are made in the T’s & C’s, MAK Investment shall notify Users by updating the website of such changes. Once changes are reflected on the website Users shall be deemed to have accepted the changes.
(v) Where one or more terms of these T’s & C’s are deemed ineffective or not executable, the remainder shall still remain fully in force. MAK Investment and/or Users shall make a MAK Investment faith effort to modify the terms deemed ineffective or not executable in order to legitimize such terms and achieve the original objective.
SECTION 10 - LOSS COMPENSATION
(w) MAK Investment shall not be liable for any damages incurred by Users or third parties through the provision of/or delays/changes in, suspension, termination, discontinuance, or abolishment of the Services, leakage or loss of information provided through registration with the Services or other means, or damage otherwise incurred related to the Services.
(x) MAK Investment makes no guarantees whatsoever in terms of the completeness, accuracy, usability, etc., of the description of the Services, or of information obtained by Users through the Services.
(y) MAK Investment makes no guarantees of proper operation of any equipment or software used by Users.
(z) MAK Investment shall not be liable for any disputes between Users and third parties that may arise through use of the Services.
SECTION 11 - TERMINATION AND SUSPENSION OF THE SERVICES
(1) MAK Investment may terminate or suspend operation of the Services under the following circumstances:
A) For regular or emergency system maintenance or work on the Services, or under unavoidable conditions such as a system failure.
B) Where due to war, civil unrest, rioting, labor disputes, earthquake, volcanic eruption, floods, tsunami, fire, blackout, system failure due to hacking or a computer virus, or other emergency conditions, the Services cannot be operated as usual.
C) Where so restricted or ordered by a government agency, or where services of other electronic communications companies have been terminated or suspended.
D) Under any other circumstances where MAK Investment deems temporary suspension necessary to the operation of the Services.
(2) Users shall check these T’s & C’s for any change and MSBJAPAN shall not be liable for any result arising from Users’ neglect of checking these. MAK Investment shall not be liable for any damages incurred by Users or third parties resulting from termination or suspension of the Services.
SECTION 12 - APPLICABLE LAWS
(3) These T’s & C’s are governed by the laws of Japan.
(4) When disputes between Users and MAK Investment cannot be resolved through discussion between the parties concerned, either the Hamamatsu District Court or the Hamamatsu Summary Court holds original, exclusive jurisdiction over the dispute.
SECTION 13 - COPYRIGHTS
(5) Trademarks such as MAK Investment are MAK Investment’s trademarks.
(6) All written contents, images and videos on this website are under the copyrights of MAK Investment. Any copying or changing of them is strictly prohibited.
(7) When disputes arise due to violation of copyrights, Users shall be responsible, financially and otherwise, for the resolution of such disputes.
TERMS AND CONDITIONS :
Trading Terms -
1.Vehicles are available on first come first serve basis.
2.MAK Investment exports new and used vehicles. Used cars may have some minor defects, therefore customers should understand that claim cannot be made as the vehicles aren't new.
3.Once we receive bank confirmation, we will then begin the processing of all necessary documents and shipping preparations.
4.Documents will be released after receiving full payment, and shipment depending on customer.
5.If a payment reaches us late then the vehicle will be sold to another customer.
6.All prices are negotiable as we prioritize customer satisfaction.
7.MAK Investment is not responsible of any damage occurred to the vehicle during and after it has reached the destination port.
Payment Policies -
1.After receiving our Proforma Invoice, customers are required to pay the total amount within 5 days to confirm the order.
2.We request that payment should be remitted by T.T. (Telegraphic Transfer) only in advance. All payments should be transferred telegraphically (TT) to the bank account mentioned on the invoice.
3.We do not accept credit cards & bank cheques or any other ways but T.T only.
4.Payments will be done in US dollars or Japanese Yens only, through bank.
5.FOB export fee payments, are to be made before the Bill of Lading issue and confirmation.
6.While making a T.T. payments always state in the comments / message space the REFERENCE NO. of the vehicle/s purchased. (Reference No. like Vehicle's Chassis Code. or Invoice No.)