1. GENERAL
HORIZON CO., LTD. (HORIZON AUTO) operates the website www.horizonauto.jp
(the site) in accordance with the
following terms of use (terms). By using the site, you acknowledge you agree to
these terms.
2. COPYRIGHT
Copyrights to all content on the site belong to HORIZON AUTO.
Reproduction or use of content on the site is prohibited.
3. OTHER AGREEMENTS
These terms govern all transactions except where HORIZON AUTO
signs a separate written contract with you. If HORIZON AUTO signs a contract
with you, that contract will prevail wherever that contract and these terms
differ.
4. NON-ENGLISH TERMS
Only the English version of these terms is authoritative.
Non-English translations are inoperative and intended for only convenience.
5. REGISTRATION
Customer account registration is required to make transactions.
Registration is free. To register, you must provide accurate, complete, and
current information. HORIZON AUTO will not be liable for loss arising from
wrong information.
6. PRICING AND SALE
Cars are priced in United States dollars or Japanese yen and,
unless otherwise stated in writing, sold on CFR or FOB terms.
7. PAYMENT
Full or part payment is due seven days after invoice issuance
and is deemed paid on HORIZON AUTO’s 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.
8. DELIVERY AND SHIPPING
After full or part payment, HORIZON AUTO 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 HORIZON
AUTO 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. HORIZON AUTO will not be liable for noncompliance or
denied entry. On receiving shipment, HORIZON AUTO advises checking and
refilling engine oil, radiator coolant, and other consumables.
9. 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. HORIZON AUTO will not be liable for loss
arising from damaged, delayed, erroneous, lost, non-amended, non-issued, or
retained documents.
10. NONPAYMENT AND CANCELATION
If you fail to pay HORIZON AUTO 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. HORIZON AUTO is entitled to possession of and
may resell an unpaid car. After HORIZON AUTO tenders a car to the carrier, the
order becomes noncancelable.
11. SITE CONTENT
HORIZON AUTO exercises due care in posting information on the
site; however, HORIZON AUTO makes no warranty of completeness, accuracy,
validity, or safety thereof. HORIZON AUTO will not be liable for loss arising
from decisions or actions taken by you reliant on information posted on the
site.
12. NONPARTY PROVIDERS
You acknowledge nonparty service providers, including banks and
carriers, are not controlled by or related to HORIZON AUTO, and HORIZON AUTO
will not be liable for loss arising from their use, to a car in nonparty
custody, or for nonparty delay, error, or nonperformance.
13. WARRANTY
HORIZON
AUTO offers the site and cars as is without
warranting fitness for your particular purpose and merchantability. HORIZON
AUTO only warrants that cars correspond to descriptions on the site, and a car
is deemed defective only if not corresponding to description. HORIZON AUTO will
not be liable for disclosed car defects.
14. LIMITED LIABILITY
HORIZON AUTO 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.
15. INDEMNITY
You shall indemnify HORIZON AUTO for loss arising from your
breach of these terms, negligence, wrongdoing, or violation of contract or
third-party rights or law.
16. ANTICORRUPTION
HORIZON AUTO complies with the Japan Unfair Competition Prevention Act, OECD Convention on Combating Bribery of Foreign Public Officials, and other anti-corruption applicable law. Any
contravening
transaction of prohibited.
17. ANTI-SOCIAL FORCES
HORIZON AUTO 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.
18. SECURITY EXPORT CONTROL
HORIZON AUTO complies with Japan 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.
19. MISCELLANEOUS
These terms constitute the entire agreement between you and HORIZON
AUTO, 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 adjudicable by only the laws and courts of Japan.