Trade Terms
Terms of Trade
These Terms of Trade apply to all vehicle export transactions conducted through Onnesha Group Co. Ltd. ("we", "us", "our").
This page provides a general overview and does not constitute a complete or legally binding contract. The full terms and conditions are set out in our individual sales agreements or invoices.
1. Scope
These terms apply to all sales of used and nearly new vehicles for export by us to the buyer ("you"). All transaction documents, including quotations, order forms, and invoices, are subject to these terms.
Any terms contained in your purchase order or terms of use shall not apply unless explicitly agreed by us in writing.
2. Quotations and Orders
Our quotations are valid for 5 business days from the date of issue. Prices, availability, exchange rates, and shipping costs may vary and are subject to change.
An order becomes firm when you submit a purchase order and we acknowledge receipt. All orders are considered accepted only upon our written confirmation.
3. Price and Payment
Unless otherwise stated, all prices are in US dollars on an FOB (Free On Board) basis at a Japanese port. Full payment of the invoice amount is due before shipment.
- Bank Transfer (TT): All remittance charges are for your account.
- Letter of Credit (L/C): Subject to prior arrangement and acceptance of L/C terms and issuance charges.
- Vehicles will not be shipped until funds are cleared in our bank account.
4. Shipment and Delivery
We will arrange shipment according to the agreed schedule. However, delays may occur due to vessel space availability, weather, customs clearance, or other reasons beyond our control.
Risk transfers to you when the vehicles pass the ship's rail at the Japanese port, in accordance with Incoterms 2020 FOB rules. Insurance thereafter is your responsibility.
5. Inspection and Warranty
Vehicles are sold as used goods in "as-is" condition. We provide the auction inspection report, but this is not a warranty from an independent third party.
You have the right to arrange a third-party inspection before shipment at your own expense, with our reasonable cooperation.
To the fullest extent permitted by law, no warranties, express or implied (including merchantability or fitness for a particular purpose), are given.
6. Export Documents and Compliance
We will provide standard export documentation (invoice, bill of lading, export certificate, etc.) required for shipment.
You are solely responsible for customs clearance, duties, taxes, and compliance with all laws and regulations in the destination country, including vehicle registration, emission, and safety standards.
7. Cancellation and Refunds
Cancellation after order confirmation is only possible with our written consent. In such a case, we will charge you for all costs incurred, including auction purchase fees, storage, and relisting expenses.
Returns and refunds after shipment cannot be accepted unless the vehicle has a substantial defect caused by our negligence.
8. Limitation of Liability
We shall not be liable for any indirect, special, consequential, or loss of profit damages. Our total liability is limited to the purchase price of the vehicle in question.
We are excused from performance delays or failures caused by force majeure events (natural disasters, war, strikes, government regulations, etc.).
9. Governing Law and Jurisdiction
These terms are governed by and construed in accordance with the laws of Japan. Any dispute arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the Tokyo District Court in the first instance.