GENERAL JAPAFRI CO. LTD. operates the website www.assl-auction.com (the site) in accordance with the following terms of use (terms). By using the site, you acknowledge you agree to these terms.
COPYRIGHT Copyrights to all content on the site belong to JAPAFRI CO. LTD Reproduction or use of content on the site is prohibited.
OTHER AGREEMENTS These terms govern all transactions except where JAPAFRI CO. LTD signs a separate written contract with you. If JAPAFRI CO. LTD signs a contract with you, that contract will prevail wherever that contract and these terms differ.
NON-ENGLISH TERMS Only the English version of these terms is authoritative. Non-English translations are inoperative and intended for only convenience.
REGISTRATION Customer account registration is required to make transactions. Registration is free. To register, you must provide JAPAFRI CO. LTD accurate, complete, and current information. JAPAFRI CO. LTD will not be liable for loss arising from wrong information.
PRICING AND SALE Cars are priced in United States dollars or Japanese yen and Kenya shillings otherwise stated in writing, sold on FOB terms.
PAYMENT Full or part payment is due seven days after invoice issuance and is deemed paid on JAPAFRI CO. LTD receipt of your electronic funds transfer. For cars shipped on part payment, full payment is due seven days after the carrier’s sailing date. Bank charges and other transaction costs are not included in the invoice price and payable by you.
DELIVERY AND SHIPPING After full or part payment, JAPAFRI CO. LTD books shipping subject to carrier’s terms. The place of delivery is carrier’s facility. Risk passes to you on tender to the carrier. Carriers’ schedules are approximate, and JAPAFRI CO. LTD will not be liable for carrier delay, error, or nonperformance. You must comply with applicable import law and procedure, including limits to car age, class, and drive side. JAPAFRI CO. LTD will not be liable for noncompliance or denied entry. On receiving shipment, JAPAFRI CO. LTD advises checking and refilling engine oil, radiator coolant, and other consumables.
DOCUMENTS Original transportation documents are released and sent to you only after full payment. You must make timely full payment for processing and sending before shipment POD arrival. JAPAFRI CO. LTD will not be liable for loss arising from damaged, delayed, erroneous, lost, non-amended, non-issued, or retained documents.
NONPAYMENT AND CANCELATION If you fail to pay JAPAFRI CO. LTD the full invoice price by seven days after the carrier’s sailing date, the car will be deemed unpaid, and you might forfeit any part payment. JAPAFRI CO. LTD is entitled to possession of and may resell an unpaid car. After JAPAFRI CO. LTD tenders a car to the carrier, the order becomes noncancelable.
SITE CONTENT JAPAFRI CO. LTD exercises due care in posting information on the site; however, JAPAFRI CO. LTD makes no warranty of completeness, accuracy, validity, or safety thereof. JAPAFRI CO. LTD will not be liable for loss arising from decisions or actions taken by you reliant on information posted on the site.
NONPARTY PROVIDERS You acknowledge nonparty service providers, including banks and carriers, are not controlled by or related to JAPAFRI CO. LTD, and JAPAFRI CO. LTD will not be liable for loss arising from their use, to a car in nonparty custody, or for nonparty delay, error, or nonperformance.
WARRANTY JAPAFRI CO. LTD offers the site and cars as is without warranting fitness for your particular purpose and merchantability. JAPAFRI CO. LTD warrants only that cars correspond to descriptions on the site, and a car is deemed defective only if not corresponding to description. JAPAFRI CO. LTD will not be liable for disclosed car defects.
LIMITED LIABILITY JAPAFRI CO. LTD will not be liable for more than the invoice price of the subject car(s); consequential, indirect, or punitive damages; or lost business, profit, or use.
INDEMNITY You shall indemnify JAPAFRI CO. LTD for loss arising from your breach of these terms, negligence, wrongdoing, or violation of contract or third-party rights or law.
ANTICORRUPTION JAPAFRI CO. LTD complies with the Kenya Unfair Competition Prevention Act, OECD Convention on Combating Bribery of Foreign Public Officials, and other anti-corruption applicable law. Any contravening transaction of prohibited.
ANTI-SOCIAL FORCES JAPAFRI CO. LTD never deals with organized crime and takes measures to prevent anti-social transactions, including screening business partners for anti-social affiliations and including terms excluding anti-social forces in procurement and sales contracts. Any contravening transaction is prohibited.
SECURITY EXPORT CONTROL JAPAFRI CO. LTD complies with Kenya Foreign Exchange and Foreign Trade Act export controls, including list controls and catch-all controls and other applicable laws and regulations to prevent illegal weapons development. Any contravening transaction is prohibited.
MISCELLANEOUS These terms constitute the entire agreement between you and JAPAFRI CO. LTD, and a forbearance in exercising or requiring satisfaction of a provision, act, omission, or course of dealing will not waive a right, remedy, or condition. If part of these terms is held unenforceable, the rest remains effective as written except where held unenforceable. These terms are governed and ad judicable by only the laws and courts of Kenya.
