Terms of service
1. Scope of Application
These General Terms and Conditions (“GTC”) shall apply to all agreements between Beyond Cars Japan (BCJ Inc.), incorporated and domiciled in Nagoya, Japan (“BCJ”), and its customers. BCJ is subject exclusively to the laws and legal provisions of Japan.
2. Contracting Party
The contracting party is Beyond Cars Japan (BCJ Inc.), Nagoya, Japan.
3. Conclusion of Contract
A purchase contract shall be deemed concluded upon transfer of the vehicle. BCJ undertakes not to sell the vehicle to any third party once the contract is established.
4. Stock Vehicles
Stock vehicles are regularly inspected and assessed by BCJ. BCJ represents and warrants that the condition of such vehicles is disclosed to the best of its knowledge and belief.
5. Auction Vehicles
For vehicles purchased at auctions, BCJ cannot provide the same warranty as for stock vehicles. BCJ shall carry out an inspection and provide a professional assessment based on experience with Japanese automobile auctions and the specific vehicle model. Such assessment shall not constitute a certified technical report.
6. Terms of Payment
6.1 Auction vehicles:
a) A deposit shall be paid upon conclusion of the contract.
b) The balance shall be paid in full prior to shipment of the vehicle.
6.2 Stock vehicles:
The full purchase price shall be paid prior to shipment. Payment shall be made exclusively by bank transfer.
7. Delivery
Delivery shall be effected to the designated port or airport by vessel or aircraft, under Incoterm CIF (Cost, Insurance, and Freight), covering costs up to the designated German port or airport.
8. Warranty
As BCJ is a Japanese company, German warranty provisions shall not apply. All vehicles are sold as used goods. Despite due diligence, subsequent repairs may be required in the course of operation.
9. Limitation of Liability
BCJ shall not be liable for any damage to vehicles caused by force majeure, including but not limited to earthquakes, volcanic eruptions, typhoons, or other natural disasters or extraordinary events.
10. Right of Withdrawal
BCJ reserves the right to rescind the sale of a vehicle and to refund all amounts paid, including fees, in full.
11. Retention of Title
Title to the vehicle shall not pass to the buyer until the purchase price has been paid in full.
12. Dispute Resolution
The parties shall first attempt to resolve any disputes amicably. Failing such resolution, disputes shall be referred to arbitration or to the competent courts of Japan.
13. Data Protection
BCJ undertakes to protect the personal data of its customers and to use such data exclusively for purposes related to the performance of the contract.
14. Place of Performance and Jurisdiction
The place of performance for all contractual obligations shall be Nagoya, Japan. Jurisdiction shall lie exclusively with the courts of Japan.
15. Severability
If any provision of this Agreement is or becomes invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid one that most closely reflects its economic intent.
16. Amendments
Any amendments or modifications to these GTC must be made in writing. No oral side agreements shall apply.
17. Language
The contract shall be executed in English and/or Japanese (with an unofficial German translation). The English version shall prevail and shall be binding for interpretation and enforcement.
18. Severability Clause
Should any provision of these General Terms and Conditions be invalid or unenforceable, the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by one that comes closest to the economic purpose of the invalid or unenforceable provision.