Terms and Conditions
Bulldog Bros Trading provides the following terms and conditions for all clients who purchase used Japanese cars, used European cars, used American cars, used Japanese Buses or used Japanese trucks or services from us. Those who use our service or purchase vehicles 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.
Definitions
- “us” or ”we” or “our” or “seller” refers to “Bulldog Bros Trading.” or our associated suppliers or our agents or business partners.
- “you” or “your” or “buyer” refers to a “client”, “customer”, “purchaser” of the vehicle, agent, or any person/s or entity who corresponds with us to procure goods or services.
- “Securing a vehicle” means us entering into a contractual arrangement in which we are financially liable to purchase a vehicle as a result of your instructions (e.g. us winning a bid at auction or us finalizing negotiations in order to supply you with a used vehicle).
- “Transit” refers to the vehicle 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)
- “Vehicle” and “car” may be used interchangeably and means a device that is used to transport people or cargo.
- “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.
- “Work” refers to exertion or effort by us to secure a vehicle on your behalf and includes human labour and other associated costs such as phone calls, etc.
Provision 1 – Deposits
A deposit is required towards the services provided of vehicle 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:
- 150,000 JPY or 20% deposit whichever is greater for a used car, truck or bus with an estimated value of under ¥2,000,000.
- Negotiated deposit for a used car, truck or bus with an estimated value of over ¥2,000,000.
The deposit is refundable for any reason prior to us securing a used vehicle on your behalf, less any bank fees or associated costs. Bulldog Bros Trading 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.
Provision 2 – Payments
All payments for vehicles shall be by Telegraphic transfer/bank wire. Vehicle purchases will not be accepted through PayPal.
2.1 Exchange Rates
All prices quoted are either in Japanese Yen (JPY) or conversions to other currencies. Prices quoted are valid only on the day the conversion was made and communicated to the client. If there is a currency fluctuation between the time of quotation and final payment, we reserve the right to receive any differences in amounts from the client.
2.2 Stock Used Vehicles
Stock is sold on a “first come, first serve” basis and is supplied to the client who first provides full payment. We advise all clients 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 used car, truck or bus and make adjustments for any price difference.
2.3 Procured Used Vehicles
Full payment must be made within 3 business days after used vehicle procurement via auction or any other means.
The ownership of procured used vehicles remains that of Bulldog Bros Trading until such time as full payment has been received and subject to Provision 5 below.
A late payment penalty of ¥15,000 applies for payments not made within 7 days from the date a vehicle has been procured on your behalf. In addition a ¥15,000 late payment penalty fee will apply for every additional 7 day period a payment has not been received.
In the unfortunate event that full payment is not made within 2 weeks, we reserve the right to re-auction or sell the used vehicle. Should this situation eventuate all costs of the sale of the vehicle, through auction or otherwise, will be incurred by the client including any losses on the sale price of the vehicle. These costs may be covered from any deposit or by any other means available to us. In addition, a reasonable fee will be charged for time and effort incurred in the re-selling of a vehicle.
In all situations full payment is require prior to the shipping of the vehicle.
2.4 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. Bulldog Bros Trading 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.
Provision 3 – Warranty and Condition
3.1 Warranty/Condtion
Used Japanese cars, used European cars, used American cars, used Japanese Buses and used Japanese trucks 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 vehicles are independently 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 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 Bulldog Bros Trading its suppliers and business parters are not liable or responsible for these errors. Japanese auction sheets are written in Japanese and most often need to be translated into English. While making every effort to translate this information accurately, Bulldog Bros Trading is not liable or responsible for errors in translating this information.
Bulldog Bros Trading is not liable or responsible for any damage, loss or other by any third party, organisation, entity or individual. This includes, but is not limited to: delays whilst the used vehicle is in transit or storage; damage, theft or loss whilst the vehicle is in transit or storage; changes or fluctuations in currency; damage or loss resulting from natural disasters or terrorism, or any other circumstance.
3.2 Maintenance Required on Arrival
The BUYER is hereby put on notice that vehicles will usually require a thorough cleaning both inside and out, and also that “consumable” items (such as oil, brake pads, tires and the like) may require replacing on arrival. The BUYER is also strongly urged to take reasonable care when starting the vehicle upon arrival, since cold starting after a long period of inactivity can result in severe damage to the engine and other parts of the vehicle.
Provision 4 – Importation Laws & Regulations
It is the clients responsibility to be aware of all legal requirements and associated costs when importing a used Japanese car, used European car, used Japanese bus or used Japanese truck into their chosen country. 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.
Provision 5 – Language and Communication
Bulldog Bros Tradings primary language of communication is English and we will not be held liable for any losses or damages incurred by the Buyer as a result of the Buyers failure to understand communications or information presented in this language. We will also not be held liable for any losses or damages incurred by the Buyer as a result of Bulldog Bros Tradings failure to understand non-standard English expressions used by the Buyer in communication with us.
Provision 6 – Risk and Title
All risk of the used vehicle shall pass from us to the Buyer at the time when the vehicle leaves the auction house or our storage yard. Title to the used vehicle shall be conveyed from Seller to Buyer at the time when the used vehicle passes the rail of the ocean-going vessel at the port of loading.
Provision 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 Tokyo District Court or the Tokyo 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.
Provision 8 – Website Access
Website access may be restricted at any time for whatever reason.
Severability
If a court of relevant jurisdiction decides that any part of these terms and conditions are not enforceable or in conflict with the law, such unenforceable or conflicting terms shall be severed from these terms and conditions and disregarded, but the remaining terms will continue to apply.
These terms and conditions can be changed or updated at any time.
You are advised to review these Terms and Conditions periodically for any changes.